New Zealand Legislation: Acts

14 Preparation of plan

• (1) The Minister must, by 31 December 2012, have started preparing a plan that—

  • (a) provides an assessment of the progress made by the Crown in complying with section 9; and

  • (b) to the extent that the Crown has not complied with section 9, provides how the Crown is going to comply with that provision; and

  • (c) establishes processes and methods for determining the value of the settlement assets to be delivered under section 9.

  (2) In preparing the plan, the Minister must consult—

  • (a) the trustee; and

  • (b) all iwi aquaculture organisations, mandated iwi organisations, and recognised iwi organisations—

    • (i) whose area of interest includes a part of the coastal marine area; and

    • (ii) in relation to which the Crown has not, by 31 December 2012, satisfied its obligations under this Act.

  (3) As soon as practicable after completing the plan, the Minister must provide copies to the relevant regional council, the trustee, and the relevant iwi aquaculture organisations, mandated iwi organisations, and recognised iwi organisations.

  (4) Without limiting subsection (1)(c), the processes and methods must—

  • (a) avoid increasing the demand for coastal permits, which would increase the value of space; and

  • (b) reduce the risk of collusion; and

  • (c) be cost effective for the Crown; and

  • (d) enable an assessment to be made of the following:

    • (i) the amount of anticipated new space in the region; and

    • (ii) the value that would be representative of each of the types of aquaculture expected to be developed in the anticipated new space in the region; and

    • (iii) the overall productive capacity of the anticipated new space available for aquaculture activities in each region; and

    • (iv) the difference in value between—

      • (A) the costs of obtaining, pursuant to an authorisation granted under this Act, a resource consent under the Resource Management Act 1991 that could commence under section 116A of that Act; and

      • (B) the costs of obtaining the resource consent pursuant to an authorisation had the authorisation been granted in relation to an aquaculture management area as at 1 January 2005.

  Section 14: substituted, on 1 October 2011, by section 7(1) of the Maori Commercial Aquaculture Claims Settlement Amendment Act 2011 (2011 No 69).