(1) A person who has applied for a coastal permit to undertake aquaculture activities in the coastal marine area may, before a regional council makes a request under section 114 of the Resource Management Act 1991 for an aquaculture decision in relation to the coastal permit, lodge a pre-request aquaculture agreement in relation to the area covered by the application with the chief executive for registration.
(2) The pre-request aquaculture agreement must be in the approved form, be accompanied by the prescribed fee, and—
(3) A pre-request aquaculture agreement must contain, as at 5 pm on the day before the date on which the agreement is lodged for registration, the consent, for each stock included in the agreement, of the registered quota owners of the stock holding not less than 75% of the quota shares for the stock.
(4) A person who wishes to lodge a pre-request aquaculture agreement with the chief executive for registration must, at least 20 working days before lodging the agreement, give notice of the person’s intention to lodge the agreement—
(5) After a pre-request aquaculture agreement is registered, no person whose consent is contained in the agreement may revoke the consent, but the consent and the aquaculture agreement itself come to an end—
(b) if the application is granted, when the coastal permit to which they relate comes to an end, unless the coastal permit is replaced by a new permit in accordance with section 165ZH of the Resource Management Act 1991.
(6) Sections 186ZH and 186ZK apply with any necessary modifications as if references to an aquaculture agreement were references to a pre-request aquaculture agreement and references to section 186ZF were references to section 186ZM.
(7) A quota holder for a stock, which is the subject of a registered pre-request aquaculture agreement, who did not consent to the agreement is entitled to receive from the applicant in proportion to the quota holder's shareholding of the stock equivalent entitlements and benefits (whether financial or otherwise), to those that were agreed between the applicant and the persons who consented to the agreement.
(8) The High Court may make such orders or give such directions as it thinks fit for the purposes of subsection (7).
(9) An order or direction under subsection (8) must not prevent or delay the chief executive making an aquaculture decision.
Section 186ZM: inserted, on 1 October 2011, by section 24 of the Fisheries Amendment Act 2011 (2011 No 68).