New Zealand Legislation: Acts
Acts are laws made by Parliament
In this Act, unless the context otherwise requires,—
allocate, in relation to settlement assets,—
(a) means to determine the settlement assets to be transferred to an iwi aquaculture organisation; but
(b) does not include the transfer of those assets to the iwi aquaculture organisation
aquaculture activities has the same meaning as in section 2(1) of the Resource Management Act 1991
aquaculture agreement has the same meaning as in section 186ZD of the Fisheries Act 1996
aquaculture management area has the same meaning as in section 2(1) of the Resource Management Act 1991
authorisation has the same meaning as in section 165A of the Resource Management Act 1991
coastal marine area has the same meaning as in section 2(1) of the Resource Management Act 1991
coastal permit has the same meaning as in section 2(1) of the Resource Management Act 1991
commercial aquaculture means an aquaculture activity undertaken for the purpose of sale
commercial fishing has the same meaning as in section 2(1) of the Fisheries Act 1996
iwi aquaculture organisation means an iwi aquaculture organisation recognised under section 33
new space, in relation to an aquaculture management area,—
(a) means—
(i) available space as defined in section 165A of the Resource Management Act 1991; and
(ii) space in the aquaculture management area that, at the date on which the relevant regional council identifies the new space under section 9(1), is subject to—
(A) an application for occupation of the coastal marine area for the purpose of an aquaculture activity that was made after 31 December 2004 and before the close of 9 May 2006; or
(B) an application to which section 150B(2) of the Resource Management Act 1991 applies; but
(b) does not include space that is pre-commencement space as defined in section 20; and
(c) [Repealed]
(d) does not include space in an aquaculture management area if, before the space is made available for applications for coastal permits or allocations of authorisations, the regional council complied with section 9(1); and
(da) does not include space in an aquaculture management area if the space is in a proposed regional coastal plan or in a proposed change to a regional coastal plan, and the space is in an aquaculture management area in the operative regional coastal plan; and
(e) does not include space in an aquaculture management area if—
(i) the regional coastal plan provides for the space to be used only in emergencies; and
(ii) the space may be used only by registered fish farmers who hold coastal permits to undertake aquaculture activities in the coastal marine area; and
(iii) the space may be used by the fish farmers referred to in subparagraph (ii) only while the space to which their coastal permits relate cannot be used for aquaculture activities; but
(f) does include space if—
(i) the space was in an aquaculture management area in a regional coastal plan; and
(ii) the space was new space for the purposes of section 9(1); and
(iii) authorisations and coastal permits have been allocated or granted in respect of the space, including the trustee; and
(iv) the space subsequently ceases to be in an aquaculture management area; and
(v) all coastal permits granted in respect of the space have expired and no further coastal permits have been granted in respect of the space; and
(vi) the space is included in an aquaculture management area in a subsequent regional coastal plan
occupy has the same meaning as in section 2(1) of the Resource Management Act 1991
public notice has the same meaning as in section 2(1) of the Resource Management Act 1991
recognised iwi organisation has the same meaning as in section 5 of the Maori Fisheries Act 2004
regional council has the same meaning as in section 2(1) of the Resource Management Act 1991
reservation has the same meaning as in section 186C of the Fisheries Act 1996
sale includes—
(a) every method of disposition for valuable consideration, including barter; and
(b) the disposition to an agent for sale on consignment; and
(c) offering or attempting to sell, or receiving or having in possession for sale, or exposing for sale, or sending or delivering for sale, or causing or permitting to be sold, offered, or exposed for sale; and
(d) disposal by way of gambling (as that term is defined in section 4(1) of the Gambling Act 2003); and
(e) the use by a person of fish, aquatic life, or seaweed as bait in that person's commercial fishing operations; and
(f) any other use by a person of fish, aquatic life, or seaweed as part of that person's commercial activities
space has the same meaning as in section 2(1) of the Resource Management Act 1991
trustee means Te Ohu Kai Moana Trustee Limited, a company established in accordance with section 33 of the Maori Fisheries Act 2004.
Section 4 new space paragraph (a)(ii): substituted, on 28 September 2008, by section 4(1) of the Maori Commercial Aquaculture Claims Settlement Amendment Act 2008 (2008 No 94).
Section 4 new space paragraph (b): substituted, on 28 September 2008, by section 4(2) of the Maori Commercial Aquaculture Claims Settlement Amendment Act 2008 (2008 No 94).
Section 4 new space paragraph (c): repealed, on 28 September 2008, by section 4(2) of the Maori Commercial Aquaculture Claims Settlement Amendment Act 2008 (2008 No 94).
Section 4 new space paragraph (d): substituted, on 28 September 2008, by section 4(3) of the Maori Commercial Aquaculture Claims Settlement Amendment Act 2008 (2008 No 94).
Section 4 new space paragraph (da): inserted, on 28 September 2008, by section 4(4) of the Maori Commercial Aquaculture Claims Settlement Amendment Act 2008 (2008 No 94).
Section 4 new space paragraph (e)(iii): amended, on 28 September 2008, by section 4(5) of the Maori Commercial Aquaculture Claims Settlement Amendment Act 2008 (2008 No 94).
Section 4 new space paragraph (f): added, on 28 September 2008, by section 4(5) of the Maori Commercial Aquaculture Claims Settlement Amendment Act 2008 (2008 No 94).
Section 4 regional council: inserted, on 28 September 2008, by section 4(6) of the Maori Commercial Aquaculture Claims Settlement Amendment Act 2008 (2008 No 94).