New Zealand Legislation: Acts

165ZJ Additional criteria for considering applications for permits for space already used for aquaculture activities

• (1) When considering an application to which section 165ZH(2) or section 165ZI(7) or (8) applies, a consent authority must not only consider the relevant matters under this Act, but also consider the applicant's conduct in relation to—

  • (a) compliance with the relevant regional coastal plan; and

  • (b) compliance with resource consent conditions for current or previous aquaculture activities undertaken by the applicant; and

  • (c) the use of current industry good practice for any current aquaculture activities.

  (2) In making an assessment under subsection (1)(a) and (b), the council must, in relation to any successful enforcement action under Part 12, consider—

  • (a) the number of any breaches that have occurred; and

  • (b) the seriousness of the breach; and

  • (c) how recently the breach occurred; and

  • (d) the subsequent behaviour of the applicant after enforcement action.

  Section 165ZJ: inserted, on 1 January 2005, by section 20 of the Resource Management Amendment Act (No 2) 2004 (2004 No 103).