Resource Management (Aquaculture Moratorium Extension) Amendment Act 2004

Resource Management (Aquaculture Moratorium Extension) Amendment Act 2004

Public Act2004 No 5
Date of assent18 March 2004

The Parliament of New Zealand enacts as follows:

1 Title
  • (1) This Act is the Resource Management (Aquaculture Moratorium Extension) Amendment Act 2004.

    (2) In this Act, the Resource Management Act 1991 is called the principal Act.

Part 1
Preliminary provisions

2 Commencement
  • This Act comes into force on the day after the date on which it receives the Royal assent.

3 Purpose
  • The purpose of this Act is—

    • (a) to extend to 31 December 2004 the moratorium on the granting of coastal permits for aquaculture activities; and

    • (b) to extend the time limit within which the Minister of Conservation must make a recommendation for the earlier expiry of the moratorium in relation to specified areas as requested by regional councils; and

    • (c) in relation to coastal permits for aquaculture activities granted during the period from 1 June 1995 to 1 August 2003, to—

      • (i) provide that they are given effect to when a marine farming permit or spat catching permit is applied for under the Fisheries Act 1983; and

      • (ii) continue in force those that have lapsed.

Part 2
Amendments to principal Act

4 Lapsing of consent
  • Section 125 of the principal Act is amended by adding the following subsection:

    • (3) This section is subject to section 150G.

5 Interpretation
  • Section 150A of the principal Act is amended by repealing paragraph (b)(i) of the definition of moratorium, and substituting the following subparagraph:

    • (i) 31 December 2004; or.

6 Earlier expiry of moratorium in relation to specified areas
  • (1) Section 150C(l) of the principal Act is amended by omitting the words the date that is 2 years after the commencement of the Resource Management (Aquaculture Moratorium) Amendment Act 2002, and substituting the expression 31 December 2004.

    (2) Section 150C(3) of the principal Act is amended by omitting the expression 20, and substituting the expression 40.

7 New heading and section 150G inserted
  • The principal Act is amended by inserting, after section 150F, the following heading and section:

    Certain coastal permits continued

    150G Certain coastal permits issued in period from 1 June 1995 to 1 August 2003 continued
    • (1) This section applies to coastal permits issued—

      • (a) in the period beginning on 1 June 1995 and ending with the close of 1 August 2003; and

      • (b) for the occupation of an area in the coastal marine area for the purpose of aquaculture activities, and for any activity related to that occupation.

      (2) A coastal permit is given effect to when the holder of the permit applies under section 67J or section 67Q of the Fisheries Act 1983 to the chief executive of the Ministry of Fisheries for a marine farming permit or a spat catching permit over the same area.

      (3) A coastal permit that has lapsed under section 125 before 1 August 2003 is deemed not to have lapsed if, before the coastal permit lapsed under section 125, the holder of the coastal permit had applied under section 67J or section 67Q of the Fisheries Act 1983 to the chief executive of the Ministry of Fisheries for a marine farming permit or a spat catching permit over the same area.


Legislative history

2 December 2003Introduction (Bill 97--1)
10 December 2003First reading and referral to Primary Production Committee
1 March 2004Reported from Primary Production Committee (Bill 97--2)
4 March 2004Second reading
16 March 2004Committee of the whole Hosue
17 March 2004Third reading