New Zealand Legislation: Acts

13 Allocation of authorisations in aquaculture settlement area

• (1) This section applies if the Crown is required, either under a regional agreement under section 10 or by section 11(5), to provide authorisations for space in an aquaculture settlement area to the trustee.

  (2) The Minister must direct the regional council in whose region the relevant aquaculture settlement area is located to provide authorisations for aquaculture activities in the space to the trustee (whether or not the regional coastal plan would otherwise require a different allocation).

  (3) A regional council must comply with a direction made under subsection (2).

  (4) As soon as practicable after giving a direction under subsection (2), the Minister must,—

  • (a) if an assessment under section 14(4)(d)(iv) shows a difference in value under that provision, consult the trustee about whether a payment of the difference is required; and

  • (b) if the Minister decides that such a payment should be made, make the payment to the trustee.

  (5) Clause 3(1)(b) of Schedule 1 does not apply to the provision of authorisations under this section.

  (6) To avoid doubt, section 165R of the Resource Management Act 1991 applies in relation to the provision of authorisations under this section.

  Section 13: substituted, on 1 October 2011, by section 7(1) of the Maori Commercial Aquaculture Claims Settlement Amendment Act 2011 (2011 No 69).