New Zealand Legislation: Acts

9 Allocation of authorisations to trustee

• (1) Before a regional coastal plan or a change to a regional coastal plan that provides for aquaculture activities in new space becomes operative, the regional council must, by public notice, identify 20% of the new space for allocation to the trustee.

  (2) However, a regional council may, for the purposes of subsection (1), identify new space that comprises or includes new space in the region concerned in an aquaculture management area established under section 165C(1)(b) of the Resource Management Act 1991.

  (3) The new space identified under subsection (1) must be representative of all the new space being established in the region by the regional coastal plan or the change to the regional coastal plan.

  (4) The regional council must allocate to the trustee authorisations for the new space identified under subsection (1) as soon as practicable after the date on which the new space becomes available for applications for coastal permits or allocation of authorisations.

  (5) For the purposes of this section, new space that is subject to an application to which section 150B(2) of the Resource Management Act 1991 applies must be treated as available for allocation of authorisations on the operative date of the regional coastal plan concerned.

  (6) If new space in an aquaculture management area includes space that is subject to a reservation relating to commercial fishing, the representative space allocated to the trustee must include 20% of the new space that is subject to the reservation and that is representative of all the new space subject to a reservation.

  (7) In identifying whether space is representative for the purposes of this section, a regional council must have regard to—

  • (a) the overall productive capacity of the new space available for applications for coastal permits or the allocation of authorisations; and

  • (b) the provisions of the plan that relate to the new space available for applications for coastal permits or the allocation of authorisations.

  (8) An application to which section 150B(2) of the Resource Management Act 1991 applies is cancelled on and from the operative date of the plan to the extent that the space to which it applies as been identified as the subject of an authorisation to be allocated to the trustee under subsection (1) or has been identified as part of an aquaculture management area established under section 165C(1)(b) of the Resource Management Act 1991.

  (9) This section applies subject to sections 10 and 11.