New Zealand Legislation: Acts

6 Application of Resource Management Act 1991

• (1) No provision in any regional plan or coastal permit is enforceable to the extent that it provides for—

  • (a) the allocation to one or more fishing sectors in preference to any other fishing sector of access to any fisheries resources in the coastal marine area; or

  • (b) the conferral on any fisher of a right to occupy any land in the coastal marine area or any related part of the coastal marine area, if the right to occupy would exclude any other fisher from fishing in any part of the coastal marine area.

  (2) Subsection (1) does not—

  • (a) prevent a regional council from taking into account the effects of aquaculture activities on fishing or fisheries resources in establishing an aquaculture management area under section 165C of the Resource Management Act 1991; or

  • (b) apply to a regional coastal plan to the extent that it establishes an aquaculture management area; or

  • (c) prevent any regional plan or coastal permit authorising the erection in the coastal marine area of a fish farm structure or other structure.

  (3) In this section—

  Fishing sector means—

  • (a) commercial fishers:

  • (b) recreational fishers:

  • (c) Maori non-commercial customary fishers:

  • (d) fish farmers:

  • (e) other fishers authorised under this Act to take fish, aquatic life, or seaweed:

  occupy has the same meaning as in section 2(1) of the Resource Management Act 1991.

  (4) [Repealed]

  Section 6(2): substituted, on 1 January 2005, by section 5(1) of the Fisheries Amendment Act (No 3) 2004 (2004 No 104).

  Section 6(3) occupy: amended, on 1 January 2005, by section 5(2) of the Fisheries Amendment Act (No 3) 2004 (2004 No 104).

  Section 6(4): repealed, on 1 January 2005, by section 5(3) of the Fisheries Amendment Act (No 3) 2004 (2004 No 104).