Resource Management Act 1991

Ministerial powers in relation to applications for coastal permits to undertake aquaculture activities in common marine and coastal area

  • Heading: inserted, on 1 October 2011, by section 49 of the Resource Management Amendment Act (No 2) 2011 (2011 No 70).

165ZB Regional council may request suspension of applications to occupy common marine and coastal area for purposes of aquaculture activities

  • (1) This section applies if—

    • (a) a regional council has identified actual or anticipated high demand or competing demands for coastal permits for occupation of space in a common marine and coastal area for the purpose of aquaculture activities; and

    • (b) in the regional council's opinion—

      • (i) the provisions of a regional coastal plan will not enable it to manage effectively the identified demands; and

      • (ii) it is desirable that applications for coastal permits for occupation of space in a common marine and coastal area for the purpose of aquaculture activities be suspended to enable the regional council to amend its regional coastal plan or to use other measures available under this subpart to deal with the identified demands.

    (2) The regional council may request the Minister of Aquaculture to suspend the receipt of applications for coastal permits to occupy the space for the purpose of aquaculture activities.

    (3) A request under subsection (2) must—

    • (a) specify—

      • (i) the space in the common marine and coastal area it is proposed the suspension will apply to; and

      • (ii) the aquaculture activities that it is proposed the suspension will apply to; and

      • (iii) the planning or other measure that the council proposes to implement to deal with the identified demand; and

      • (iv) the proposed duration of the suspension, which must be not more than 12 months; and

    • (b) be accompanied by information about the actual or anticipated high demand or competing demands for coastal permits for occupation of the space for the purposes of the aquaculture activities covered by the request.

    (4) A regional council must—

    • (a) give public notice of a request under subsection (2) on the day the request is made or as soon as practicable after the request is made; and

    • (b) give notice of the request to the Environmental Protection Authority.

    (5) A public notice under subsection (4) must include—

    • (a) the matters specified in subsection (3)(a); and

    (6) To avoid doubt, this section may apply in relation to an aquaculture activity, 1 or more classes of aquaculture activities, or all aquaculture activities.

    Section 165ZB: replaced, on 1 October 2011, by section 49 of the Resource Management Amendment Act (No 2) 2011 (2011 No 70).