New Zealand Legislation: Acts

12 Gazetting space for settlement purposes

• (1) For the purposes of preserving space to be used for meeting the Crown’s obligations under section 9, the Minister may, by notice in the Gazette, declare space in the coastal marine area to be an aquaculture settlement area that is required to meet the obligations.

  (2) The Minister—

  • (a) may, by notice in the Gazette, add to or remove space from an aquaculture settlement area; and

  • (b) must, if the Crown’s obligations are settled in respect of a region, remove, by notice in the Gazette, the space from an aquaculture settlement area that is not required to meet the obligations.

  (3) Section 165E of the Resource Management Act 1991 applies in respect of applications for coastal permits made in an aquaculture settlement area.

  (4) In determining whether an aquaculture settlement area will be representative for the purposes of meeting the Crown's obligations under section 9, the Minister must take into account—

  • (a) the suitability of the space for aquaculture activities; and

  • (b) the overall productive capacity of the anticipated new space available for aquaculture activities in each region.

  (5) To avoid doubt, the Minister may exercise his or her powers under this section before the preparation of a plan under section 14.

  Section 12: substituted, on 1 October 2011, by section 7(1) of the Maori Commercial Aquaculture Claims Settlement Amendment Act 2011 (2011 No 69).