Aquaculture Reform (Repeals and Transitional Provisions) Amendment Act 2011

Coat of Arms of New Zealand

Aquaculture Reform (Repeals and Transitional Provisions) Amendment Act 2011

Public Act2011 No 67
Date of assent12 September 2011
Commencementsee section 2

Contents

1 Title

2 Commencement

3 Principal Act amended

4 Purpose

5 Arrangement of this Act

6 Leases and licences deemed to be coastal permits

7 Holder of deemed coastal permit to be treated as holder of fish farm registration pending registration by chief executive

8 New section 17A inserted

9 Marine farming permits deemed to be coastal permits

10 New section 20A inserted

11 Certain spat catching permits deemed to be coastal permits

12 Section 24 repealed

13 Completion of certain matters pending at commencement of Act

14 New sections 25A and 25B inserted

15 Applications after commencement of Act

16 New sections 26A and 26B inserted

17 Order of processing applications and requests for aquaculture decision in relation to aquaculture management area or interim aquaculture management area

18 Interpretation

19 Application for aquaculture decision in relation to interim aquaculture management area

20 New section 42 substituted

21 Judicial review of aquaculture decision

22 New section 43A inserted

23 New section 44 substituted

24 New headings and sections 44A to 44O inserted

Allocation of authorisations to trustee

Gazetted aquaculture areas

25 New section 45 substituted

26 New sections 47 to 47F substituted

27 Certain coastal permits granted during moratorium not to be exercised until end of moratorium

28 Preferential right for deemed permit holder to apply to coastal permit for occupation

29 Pre-moratorium and pre-commencement applications for coastal permits not subject to moratorium

30 New sections 50A and 50B inserted

31 Section 52 repealed

32 Off-site farms

33 Consent authority may initiate review of off-site farms

34 Transitional provision relating to requirements to keep records and returns

35 New section 56 substituted

36 Schedules 1, 2, and 3 added

Schedule
New Schedules 1, 2, and 3 added


The Parliament of New Zealand enacts as follows:

1 Title
  • This Act is the Aquaculture Reform (Repeals and Transitional Provisions) Amendment Act 2011.

2 Commencement
  • This Act comes into force on 1 October 2011.

3 Principal Act amended
4 Purpose
  • (1) Section 3(c) is amended by adding ; and.

    (2) Section 3 is amended by adding the following paragraph:

    • (d) to provide for transitional matters relating to amendments made in 2011 to the Fisheries Act 1996, Resource Management Act 1991, and Maori Commercial Aquaculture Claims Settlement Act 2004 to further reform the law relating to aquaculture, including the removal of requirements relating to aquaculture management areas.

5 Arrangement of this Act
  • (1) Section 4(1)(a) is amended by adding and subsequent legislative reform relating to aquaculture.

    (2) Section 4(1)(b) is amended by adding and subsequent legislative reform relating to aquaculture.

    (3) Section 4(1) is amended by repealing paragraph (c) and substituting the following paragraph:

    • (c) sections 34 to 54 deal with transitional matters relating to—

      • (i) the ending on 31 December 2004 of the moratorium established under the Resource Management (Aquaculture Moratorium) Amendment Act 2002 on the granting of coastal permits for aquaculture activities; and

      • (ii) the removal of the requirements relating to aquaculture management areas from the Resource Management Act 1991, Fisheries Act 1996, and Maori Commercial Aquaculture Claims Settlement Act 2004:.

    (4) Section 4(2) to (4) are repealed.

6 Leases and licences deemed to be coastal permits
  • (1) Section 10(2) is amended by repealing paragraph (b) and substituting the following paragraph:

    • (b) if—

      • (i) section 16(1) applies, the date on which the application referred to in that subsection is determined:

      • (ii) section 16(2) applies, the date on which the forfeiture referred to in that subsection is discontinued.

    (2) Section 10 is amended by repealing subsection (4) and substituting the following subsections:

    • (4) The consent authority may decide (and must decide if requested by the holder of a permit) whether to commence a review of a deemed coastal permit, including the conditions of the permit, within 12 months after—

      • (a) the lease or licence becomes a deemed coastal permit; or

      • (b) the commencement of the Aquaculture Reform (Repeals and Transitional Provisions) Amendment Act 2011 if—

        • (i) section 16(2) applies; and

        • (ii) the date on which the forfeiture is discontinued is after 1 January 2006 but before the commencement of that Act.

    • (4A) A deemed coastal permit may be reviewed only once under this section.

    • (4B) If the consent authority decides to commence a review of a deemed coastal permit, it must commence the review within the period specified in subsection (4).

    • (4C) After completing a review commenced under this section, the consent authority may, if it considers it necessary to do so, vary, add, or delete conditions for the purpose of making the conditions consistent with the Resource Management Act 1991.

    (3) Section 10 is amended by repealing subsections (5) and (6) and substituting the following subsections:

    • (5) In exercising the power in subsection (4C), the consent authority must not amend the species or area covered by the permit.

    • (6) The holder of a deemed coastal permit may appeal or object under subsection (6A)—

      • (a) against a decision of the consent authority not to review the conditions of a deemed coastal permit, but only if the holder requested the consent authority to review the conditions:

      • (b) against a decision of the consent authority to vary, add, or delete (or not to vary, add, or delete) conditions of a deemed coastal permit, whether or not the holder requested the authority to review the conditions.

    • (6A) The holder of the deemed coastal permit may—

      • (a) appeal to the Environment Court against the decision, and sections 120 and 121 of the Resource Management Act 1991 apply to the appeal as if it were an appeal against a decision on a review of consent conditions:

      • (b) object to the consent authority against the decision, and sections 357C, 357D, and 358 of the Resource Management Act 1991 apply to the objection as if it were an objection against a review of the conditions of a resource consent under sections 128 to 132 of that Act.

    (4) Section 10(7) is repealed.

7 Holder of deemed coastal permit to be treated as holder of fish farm registration pending registration by chief executive
  • Section 17(2) is amended by inserting or, if section 16 applies, the date referred to in section 10(2)(b) after this Act.

8 New section 17A inserted
  • The following section is inserted after section 17:

    17A Term of certain leases extended
    • (1) The leases referred to in this section were granted under the Marine Farming Act 1971 and relate to that part of the coastal marine area in Waikare Inlet in the Bay of Islands.

      (2) Subsection (3) applies to leases 119 and 137.

      (3) The term of each lease is extended to expire 3 years after the commencement of the Aquaculture Reform (Repeals and Transitional Provisions) Amendment Act 2011.

      (4) Subsections (5) and (6) apply to leases 42, 53, and 64.

      (5) Each lease is to be treated as having been varied on and from the date on which it would otherwise have expired to extend its term to expire 3 years after the commencement of the Aquaculture Reform (Repeals and Transitional Provisions) Amendment Act 2011.

      (6) During the term of a lease as extended by subsection (5), the lessee may continue to operate the marine farm that is subject to the lease, subject to the same terms and conditions as applied immediately before the extension of its term.

      (7) Subsection (8) applies to—

      • (a) the leases specified in subsection (2); and

      • (b) leases 165, 170, and 171.

      (8) During the term of a lease specified in subsection (7), the lessee may continue to operate the marine farm that is subject to the lease, subject to the same terms and conditions as applied immediately before the commencement of the Aquaculture Reform (Repeals and Transitional Provisions) Amendment Act 2011.

      (9) To avoid doubt, subsections (6) and (8) do not prevent a lease specified in this section being forfeited.

9 Marine farming permits deemed to be coastal permits
  • (1) Section 20 is amended by repealing subsection (3) and substituting the following subsections:

    • (3) The consent authority may decide (and must decide if requested by the holder of a permit) within 12 months after the commencement of this Act whether to commence a review of the conditions of a coastal permit referred to in subsection (2).

    • (3A) The conditions of a coastal permit may be reviewed only once under this section.

    • (3B) If the consent authority decides to commence a review of a coastal permit referred to in subsection (2), it must commence the review within the period specified in subsection (3).

    • (3C) After completing a review commenced under this section, the consent authority may, if it considers it necessary to do so, vary, add, or delete conditions for the purpose of making the conditions consistent with the Resource Management Act 1991.

    (2) Section 20 is amended by repealing subsections (4) and (5) and substituting the following subsections:

    • (4) In exercising the power in subsection (3C), the consent authority must not amend the species or area covered by the permit.

    • (5) The holder of a coastal permit referred to in subsection (2) may appeal or object under subsection (5A)—

      • (a) against a decision of the consent authority not to review the conditions of the coastal permit, but only if the holder requested the consent authority to review the conditions:

      • (b) against a decision of the consent authority to vary, add, or delete (or not to vary, add, or delete) conditions of the coastal permit, whether or not the holder requested the authority to review the conditions.

    • (5A) The holder of a coastal permit referred to in subsection (2) may—

      • (a) appeal to the Environment Court against the decision, and sections 120 and 121 of the Resource Management Act 1991 apply to the appeal as if it were an appeal against a decision on a review of consent conditions:

      • (b) object to the consent authority against the decision, and sections 357C, 357D, and 358 of the Resource Management Act 1991 apply to the objection as if it were an objection against a review of the conditions of a resource consent under sections 128 to 132 of that Act.

    • (5B) A coastal permit referred to in subsection (2) expires on the same date as the coastal permit that relates to the marine farming permit that is deemed by subsection (2) to be a coastal permit.

10 New section 20A inserted
  • The following section is inserted after section 20:

    20A Marine Farming Permit 364 for Waikato Communal Area
    • (1) This section applies in relation to marine farming permit MFP 364 for the Waikato Communal Area, which was granted under the Fisheries Act 1983 on 7 May 1998 and which expires on 31 December 2023.

      (2) Section 20 of this Act does not apply to marine farming permit MFP 364.

      (3) Marine farming permit MFP 364 is to be treated as—

      • (a) having been lawfully granted on 7 May 1998; and

      • (b) having been in force immediately before the commencement of the Aquaculture Reform (Repeals and Transitional Provisions) Amendment Act 2011; and

      • (c) as expiring on 31 December 2033.

      (4) The holder of marine farming permit MFP 364 is to be treated as having been authorised, on and from 7 May 1998, to occupy the Waikato Communal Area for the purpose of carrying out the activity authorised by the permit.

      (5) On and from the commencement of the Aquaculture Reform (Repeals and Transitional Provisions) Amendment Act 2011, the holder of marine farming permit MFP 364 is deemed to be the holder of a coastal permit granted by the Waikato Regional Council on the conditions referred to in Schedule 1 for the following activities:

      • (a) the marine farming of Green Mussels (Perna canaliculus) and Pacific Oysters (Crassostrea gigas); and

      • (b) the occupation of the Waikato Communal Area; and

      • (c) any associated existing structures; and

      • (d) any associated discharges; and

      • (e) any associated disturbance of, and deposition on, the seabed.

      (6) Nothing in this section prevents the holder of the coastal permit from applying for a change or cancellation of the conditions of the permit under section 127 of the Resource Management Act 1991.

      (7) Nothing in this section prevents the consent authority from reviewing the conditions of the coastal permit in terms of section 128 (other than subsection (1)(c)) of the Resource Management Act 1991.

      (8) In this section, the Waikato Communal Area means the rectangular 22.5 hectare (more or less) coastal marine area to the east of Esk Point in the Coromandel Harbour, more particularly described as commencing at a point bearing 325° 805 metres from Trig 238 Tuhana and bounded by the lines running 90° for 750 metres, 360° for 300 metres, 270° for 750 metres, and 180° for 300 metres to the point of commencement.

11 Certain spat catching permits deemed to be coastal permits
  • (1) Section 21 is amended by repealing subsection (3) and substituting the following subsections:

    • (3) The consent authority may decide (and must decide if requested by the holder of a permit) within 12 months after the commencement of this Act whether to commence a review of the conditions of a coastal permit referred to in subsection (2).

    • (3A) The conditions of a coastal permit may be reviewed only once under this section.

    • (3B) If the consent authority decides to commence a review of a coastal permit referred to in subsection (2), it must commence the review within the period specified in subsection (3).

    • (3C) After completing a review commenced under this section, the consent authority may, if it considers it necessary to do so, vary, add, or delete conditions for the purpose of making the conditions consistent with the Resource Management Act 1991.

    (2) Section 21 is amended by repealing subsections (4) and (5) and substituting the following subsections:

    • (4) In exercising the power in subsection (3C), the consent authority must not amend the species or area covered by the permit.

    • (5) The holder of a coastal permit referred to in subsection (2) may appeal or object under subsection (5A)—

      • (a) against a decision of the consent authority not to review the conditions of the coastal permit, but only if the holder requested the consent authority to review the conditions:

      • (b) against a decision of the consent authority to vary, add, or delete (or not to vary, add, or delete) conditions of the coastal permit, whether or not the holder requested the authority to review the conditions.

    • (5A) The holder of the coastal permit referred to in subsection (2) may—

      • (a) appeal to the Environment Court against the decision, and sections 120 and 121 of the Resource Management Act 1991 apply to the appeal as if it were an appeal against a decision on a review of consent conditions:

      • (b) object to the consent authority against the decision, and sections 357C, 357D, and 358 of the Resource Management Act 1991 apply to the objection as if it were an objection against a review of the conditions of a resource consent under sections 128 to 132 of that Act.

12 Section 24 repealed
13 Completion of certain matters pending at commencement of Act
  • (1) Section 25 is amended by repealing subsection (1) and substituting the following subsections:

    • (1) If a person to whom subsection (2) applies makes an application to which subsection (3) applies, the application is to be continued and completed under the principal Act as it was before the commencement of this Act.

    • (1A) Subsection (1) applies subject to section 25A.

    (2) Section 25 is amended by adding the following subsection:

    • (8) A coastal permit granted to a person who has made an application referred to in subsection (3), and that is for the same space and activity as a coastal permit or certificate of compliance referred to in subsection (2), is not invalid because the application in respect of which the coastal permit was granted did not comply with section 12A(1A) of the Resource Management Act 1991 as in force at the time the permit was granted.

14 New sections 25A and 25B inserted
  • The following sections are inserted after section 25:

    25A Assessment of effect on fishing of applications pending at commencement of Act
    • (1) This section applies to an application—

      • (a) to which section 25(1) applies; and

      • (b) which, as at the commencement of the Aquaculture Reform (Repeals and Transitional Provisions) Amendment Act 2011, has not been determined.

      (2) The chief executive may, in addition to seeking information from the applicant under section 67J(7) of the principal Act, seek information relevant to the application from—

      • (a) any fisher whose interests may be affected if the application is granted; and

      • (b) persons and organisations that the chief executive considers represent the classes of persons who have customary, commercial, or recreational fishing interests that may be affected if the application is granted.

      (3) The chief executive—

      • (a) may set a date by which information must be provided and may grant 1 or more extensions of that date if he or she considers it necessary to do so; and

      • (b) is not required to consider or take into account any information received after that date or extended date (as the case may be).

      (4) The chief executive must—

      • (a) grant the application under section 67J, 67K, or 67Q of the principal Act (as the case may require) if the chief executive is satisfied that the activities contemplated by the application would not have an undue adverse effect on fishing; but

      • (b) decline the application under section 67J, 67K, or 67Q of the principal Act (as the case may require) if the chief executive is not satisfied that the activities contemplated by the application would not have an undue adverse effect on fishing.

      (5) However, the chief executive must defer making a decision whether to grant or decline the application under section 67J, 67K, or 67Q of the principal Act (as the case may require) if—

      • (a) the chief executive is satisfied that the activities contemplated by the application would not have an undue adverse effect on fishing other than commercial fishing; but

      • (b) the chief executive is not satisfied that the activities contemplated by the application would not have an undue adverse effect on commercial fishing.

      (6) To avoid doubt, subsections (4) and (5) apply in place of section 67J(8) of the principal Act.

      (7) If subsection (4) applies but subsection (5) does not, the chief executive must give a notice to the applicant and give public notification—

      • (a) stating that the application is granted or declined; and

      • (b) giving the chief executive's reasons for granting or declining the application.

      (8) If subsection (5) applies, the chief executive must give a notice to the applicant and give public notification accordingly. The notice and public notification must also—

      • (a) specify—

        • (i) the area concerned; and

        • (ii) the stocks subject to the quota management system in the area that are the reason for the chief executive's view under subsection (5)(b); and

      • (b) specify the chief executive's reasons for deciding that subsection (5) applies; and

      • (c) contain a copy, or statement to the effect, of subsections (9) and (10).

      (9) The chief executive must decline the application, if the applicant does not lodge—

      • (a) an aquaculture agreement with the chief executive within 6 months after the date of the public notice or before the expiry of any extension of time under section 186ZI(4) of the Fisheries Act 1996; or

      • (b) a compensation declaration with the chief executive within 6 months after the date of the public notice or before the expiry of any extension of time under section 186ZIA(4) of the Fisheries Act 1996.

      (10) The chief executive must grant the application and issue the permit if the applicant lodges—

      • (a) an aquaculture agreement with the chief executive within 6 months after the date of the public notice or before the expiry of any extension of time under section 186ZI(4) of the Fisheries Act 1996; or

      • (b) a compensation declaration with the chief executive within 6 months after the date of the public notice or before the expiry of any extension of time under section 186ZIA(4) of the Fisheries Act 1996.

      (11) For the purposes of this section, the reference in section 67J(10) of the principal Act to adverse effects on fishing or the sustainability of any fisheries resource must be read as if it were a reference to adverse effects on fishing.

      (12) Any person wishing to seek, under Part 1 of the Judicature Amendment Act 1972, judicial review of a decision under this section must do so within 30 working days after the public notification of the decision.

      (13) The provisions of Part 1 of Schedule 2 have effect in relation to aquaculture agreements and compensation.

      (14) In this section,—

      aquaculture agreement means an agreement that complies with subpart 4 of Part 9A of the Fisheries Act 1996, subject to the modifications set out in Part 1 of Schedule 2

      commercial fishing means the fishing, authorised by a permit issued under section 91 of the Fisheries Act 1996, of stocks subject to the quota management system

      compensation declaration means a statutory declaration that complies with subpart 4 of Part 9A of the Fisheries Act 1996, subject to the modifications set out in Part 1 of Schedule 2

      public notification has the same meaning as in section 2(1) of the Fisheries Act 1996.

    25B Information and matters to be considered in relation to applications to which section 25A applies
    • (1) In making a decision under section 25A(4) or (5), the chief executive must have regard to any—

      • (a) information held by the Ministry of Fisheries; and

      • (b) information supplied by the applicant; and

      • (c) information supplied to the chief executive by the persons referred to in section 25A(2), whether before or after the commencement of the Aquaculture Reform (Repeals and Transitional Provisions) Amendment Act 2011; and

      • (d) other information that the chief executive has requested and obtained.

      (2) In considering for the purposes of section 25A(4) and (5) whether granting the application will have an undue adverse effect on fishing, the chief executive must have regard only to the following matters:

      • (a) the location of the area that the application relates to in relation to areas in which fishing is carried out:

      • (b) the likely effect of the granting of the permit on fishing of any fishery, including the proportion of any fishery likely to become affected:

      • (c) the degree to which the granting of the permit in the area that the application relates to will lead to the exclusion of fishing:

      • (d) the extent to which fishing for a species in the area that the application relates to can be carried out in other areas:

      • (e) the extent to which the granting of the permit will increase the cost of fishing:

      • (f) the cumulative effect on fishing of any authorised aquaculture activities, including any structures authorised before the introduction of any relevant stock to the quota management system.

      (3) This section applies subject to section 25A(3).

15 Applications after commencement of Act
  • (1) Section 26 is amended by repealing subsection (2) and substituting the following subsections:

    • (2) The application must be made and completed under the principal Act as it was before the commencement of this Act.

    • (2A) Subsection (2) applies subject to section 26A.

    (2) Section 26 is amended by adding the following subsections:

    • (5) Subsections (6) and (7) apply to a person who—

      • (a) holds a coastal permit or certificate of compliance to occupy a coastal marine area for the purposes of marine farming or spat catching; and

      • (b) has previously made an application for a marine farming permit or spat catching permit that met the criteria in subsection (1)(b), but which was declined.

    • (6) The person may make 1 further application for a marine farming permit or spat catching permit in accordance with subsection (1) before the date that is 12 months after the commencement of the Aquaculture Reform (Repeals and Transitional Provisions) Amendment Act 2011.

    • (7) However, if the person has made a subsequent application for a marine farming permit or spat catching permit in accordance with subsection (1) before the commencement of the Aquaculture Reform (Repeals and Transitional Provisions) Amendment Act 2011, but which has not been determined before commencement of that Act, the person may not make a further application in accordance with subsection (1).

    • (8) In subsections (1)(a) and (5), coastal permit to occupy a coastal marine area for the purpose of marine farming or spat catching means—

      • (a) a coastal permit to occupy space in the coastal marine area for the purpose of marine farming or spat catching that was in force at the commencement of this Act; or

      • (b) a coastal permit to occupy the same space on the same terms that was granted by a consent authority before the expiry of the consent referred to in paragraph (a).

    • (9) A coastal permit referred to in subsection (8)(b) is not invalid because the application in respect of which it was granted did not comply with section 12A(1A) of the Resource Management Act 1991 as in force at the time the permit was granted.

16 New sections 26A and 26B inserted
  • The following sections are inserted after section 26:

    26A Assessment of effect on fishing of applications after commencement of Act
    • (1) This section applies to an application—

      • (a) that section 26 applies to, whether the application is made before, on, or after the commencement of the Aquaculture Reform (Repeals and Transitional Provisions) Amendment Act 2011; and

      • (b) which, if made before the commencement of that Act, has not been determined as at the commencement of that Act.

      (2) The chief executive may, in addition to seeking information from the applicant under section 67J(7) of the principal Act, seek information relevant to the application from—

      • (a) any fisher whose interests may be affected if the application is granted; and

      • (b) persons and organisations that the chief executive considers represent the classes of persons who have customary, commercial, or recreational fishing interests that may be affected if the application is granted.

      (3) The chief executive—

      • (a) may set a date by which information must be provided and may grant 1 or more extensions of that date if he or she considers it necessary to do so; and

      • (b) is not required to consider or take into account any information received after that date or extended date (as the case may be).

      (4) The chief executive must—

      • (a) grant the application under section 67J or 67Q of the principal Act (as the case may require) if the chief executive is satisfied that the activities contemplated by the application would not have an undue adverse effect on fishing; but

      • (b) decline the application under section 67J or 67Q of the principal Act (as the case may require) if the chief executive is not satisfied that the activities contemplated by the application would not have an undue adverse effect on fishing.

      (5) However, the chief executive must defer making a decision whether to grant or decline the application under section 67J or 67Q of the principal Act (as the case may require) if—

      • (a) the chief executive is satisfied that the activities contemplated by the application would not have an undue adverse effect on fishing other than commercial fishing; but

      • (b) the chief executive is not satisfied that the activities contemplated by the application would not have an undue adverse effect on commercial fishing.

      (6) To avoid doubt, subsections (4) and (5) apply in place of section 67J(8) of the principal Act.

      (7) If subsection (4) applies but subsection (5) does not, the chief executive must give a notice to the applicant and give public notification—

      • (a) stating that the application is granted or declined; and

      • (b) giving the chief executive's reasons for granting or declining the application.

      (8) If subsection (5) applies, the chief executive must give a notice to the applicant and give public notification accordingly. The notice and public notification must also—

      • (a) specify—

        • (i) the area concerned; and

        • (ii) the stocks subject to the quota management system in the area that are the reason for the chief executive's view under subsection (5)(b); and

      • (b) specify the chief executive's reasons for deciding that subsection (5) applies; and

      • (c) contain a copy, or statement to the effect, of subsections (9) and (10).

      (9) The chief executive must decline the application, if the applicant does not lodge—

      • (a) an aquaculture agreement with the chief executive within 6 months after the date of the public notice or before the expiry of any extension of time under section 186ZI(4) of the Fisheries Act 1996; or

      • (b) a compensation declaration with the chief executive within 6 months after the date of the public notice or before the expiry of any extension of time under section 186ZIA(4) of the Fisheries Act 1996.

      (10) The chief executive must grant the application and issue the permit if the applicant lodges—

      • (a) an aquaculture agreement with the chief executive within 6 months after the date of the public notice or before the expiry of any extension of time under section 186ZI(4) of the Fisheries Act 1996; or

      • (b) a compensation declaration with the chief executive within 6 months after the date of the public notice or before the expiry of any extension of time under section 186ZIA(4) of the Fisheries Act 1996.

      (11) For the purposes of this section, the reference in section 67J(10) of the principal Act to adverse effects on fishing or the sustainability of any fisheries resource must be read as if it were a reference to adverse effects on fishing.

      (12) Any person wishing to seek, under Part 1 of the Judicature Amendment Act 1972, judicial review of a decision under this section must do so within 30 working days after the public notification of the decision.

      (13) The provisions of Part 1 of Schedule 2 have effect in relation to aquaculture agreements and compensation.

      (14) In this section,—

      aquaculture agreement means an agreement that complies with subpart 4 of Part 9A of the Fisheries Act 1996, subject to the modifications set out in Part 1 of Schedule 2

      commercial fishing means the fishing, authorised by a permit issued under section 91 of the Fisheries Act 1996, of stocks subject to the quota management system

      compensation declaration means a statutory declaration that complies with subpart 4 of Part 9A of the Fisheries Act 1996, subject to the modifications set out in Part 1 of Schedule 2

      public notification has the same meaning as in section 2(1) of the Fisheries Act 1996.

    26B Information and matters to be considered in relation to applications to which section 26A applies
    • (1) In making a decision under section 26A(4) or (5), the chief executive must have regard to any—

      • (a) information held by the Ministry of Fisheries; and

      • (b) information supplied by the applicant; and

      • (c) information supplied to the chief executive by the persons referred to in section 26A(2), whether before or after the commencement of the Aquaculture Reform (Repeals and Transitional Provisions) Amendment Act 2011; and

      • (d) other information that the chief executive has requested and obtained.

      (2) In considering for the purposes of section 26A(4) and (5) whether granting the application will have an undue adverse effect on fishing, the chief executive must have regard only to the following matters:

      • (a) the location of the area that the application relates to in relation to areas in which fishing is carried out:

      • (b) the likely effect of the granting of the permit on fishing of any fishery, including the proportion of any fishery likely to become affected:

      • (c) the degree to which the granting of the permit in the area that the application relates to will lead to the exclusion of fishing:

      • (d) the extent to which fishing for a species in the area that the application relates to can be carried out in other areas:

      • (e) the extent to which the granting of the permit will increase the cost of fishing:

      • (f) the cumulative effect on fishing of any authorised aquaculture activities, including any structures authorised before the introduction of any relevant stock to the quota management system.

      (3) This section applies subject to section 26A(3).

17 Order of processing applications and requests for aquaculture decision in relation to aquaculture management area or interim aquaculture management area
  • (1) The heading to section 27 is amended by omitting aquaculture management area or.

    (2) Section 27(1) is amended by omitting an aquaculture management area or.

    (3) Section 27(1)(b) is amended by adding or section 37 of this Act.

18 Interpretation
  • (1) Section 35 is amended by inserting the following definitions in their appropriate alphabetical order:

    agreed space means space identified in an agreement under sections 44B to 44D for allocation to the trustee

    aquaculture agreement means an aquaculture agreement that complies with subpart 4 of Part 9A of the Fisheries Act 1996, subject to the modifications set out in Part 2 or 3 of Schedule 2, as the case may require

    commercial fishing has the same meaning as in section 2(1) of the Fisheries Act 1996

    compensation declaration means a statutory declaration that complies with subpart 4 of Part 9A of the Fisheries Act 1996, subject to the modifications set out in Part 2 or 3 of Schedule 2, as the case may require

    Gazetted aquaculture area means an area—

    • (a) described and defined in a Gazette notice under section 44(3) or (6), including any amendments made to the area under section 44N; or

    • (b) that is deemed to be a Gazetted aquaculture area under section 44M, including any amendments made to that area under section 44N

    identified space means space identified in a public notice under section 44E(1) for allocation to the trustee

    iwi aquaculture organisation means an iwi aquaculture organisation recognised under section 33 of the Maori Commercial Aquaculture Claims Settlement Act 2004

    recognised iwi organisation has the same meaning as in section 5 of the Maori Fisheries Act 2004

    settlement assets has the same meaning as in section 5 of the Maori Commercial Aquaculture Claims Settlement Act 2004

    trustee means Te Ohu Kai Moana Trustee Limited, a company established in accordance with section 33 of the Maori Fisheries Act 2004.

    (2) Section 35 is amended by repealing paragraph (b) of the definition of interim aquaculture management area and substituting the following paragraph:

    • (b) does not include a coastal marine area described in paragraph (a) that became an aquaculture management area under this Act before the commencement of the Aquaculture Reform (Repeals and Transitional Provisions) Amendment Act 2011.

19 Application for aquaculture decision in relation to interim aquaculture management area
  • Section 37(2) is amended by omitting section 39(a) and substituting section 39(1)(a).

20 New section 42 substituted
  • Section 42 is repealed and the following section substituted:

    42 Aquaculture decisions made after commencement of Aquaculture Reform (Repeals and Transitional Provisions) Amendment Act 2011
    • (1) An aquaculture decision made after the commencement of the Aquaculture Reform (Repeals and Transitional Provisions) Amendment Act 2011 must be made in accordance with, and subject to, the provisions of this Act as amended by the Aquaculture Reform (Repeals and Transitional Provisions) Amendment Act 2011.

      (2) Subsection (1) applies—

      • (a) whether the request for the aquaculture decision was made before or after the commencement of the Aquaculture Reform (Repeals and Transitional Provisions) Amendment Act 2011; and

      • (b) whether the aquaculture decision is made as a result of proceedings in relation to an aquaculture decision made before the commencement of the Aquaculture Reform (Repeals and Transitional Provisions) Amendment Act 2011.

21 Judicial review of aquaculture decision
  • Section 43 is amended by omitting 3 months and substituting 30 working days.

22 New section 43A inserted
  • The following section is inserted after section 43:

    43A Applications in interim aquaculture management area
    • (1) A person must not apply for a coastal permit to occupy space in an interim aquaculture management area for the purpose of aquaculture activities unless the chief executive has made—

      • (a) a reservation in relation to the space that relates to customary, recreational, or commercial fishing for stocks or species that are not subject to the quota management system; or

      • (b) a reservation in relation to the space that relates to commercial fishing for stocks that are subject to the quota management system and the space has become a Gazetted aquaculture area; or

      • (c) a reservation in relation to the space that relates to commercial fishing for stocks that are subject to the quota management system and—

        • (i) the regional council has notified the chief executive that it has completed its allocation of authorisations to the trustee under sections 44B to 44D and, if necessary, section 44E; and

        • (ii) the period for filing an aquaculture agreement or a compensation declaration in relation to the space has expired and no aquaculture agreement or compensation declaration has been lodged; or

      • (d) a determination in relation to the space and the space has become a Gazetted aquaculture area.

      (2) This section does not affect applications made in the interim aquaculture management area before the commencement of the Aquaculture Reform (Repeals and Transitional Provisions) Amendment Act 2011.

23 New section 44 substituted
  • Section 44 is repealed and the following section substituted:

    44 Effect of aquaculture decision in relation to interim aquaculture management area
    • (1) A regional council must, after being notified of an aquaculture decision in relation to an interim aquaculture management area,—

      • (a) comply, as soon as practicable, with sections 44B to 44D and, if necessary, section 44E; and

      • (b) notify the chief executive, immediately, when it has completed its allocation of authorisations to the trustee under those provisions.

      (2) Subsection (1) applies whether the aquaculture decision is made before or after the commencement of the Aquaculture Reform (Repeals and Transitional Provisions) Amendment Act 2011.

      (3) On receipt of a notice under subsection (1)(b), the chief executive must,—

      • (a) if the chief executive made a determination in relation to the interim aquaculture management area (whether the whole area or part of it), publish a notice in the Gazette that describes and defines the area that the determination relates to as an aquaculture area; and

      • (b) if the chief executive made a reservation in relation to commercial fishing for stocks subject to the quota management system in relation to the interim aquaculture management area (whether the whole area or part of it), give public notification that any application for a coastal permit to undertake aquaculture activities in the area that the reservation relates to will be cancelled (unless already cancelled under section 44D(5) or 44E(7)) if an aquaculture agreement or compensation declaration is not lodged with the chief executive within 6 months after the date of the public notice.

      (4) Subpart 4 of Part 9A of the Fisheries Act 1996 applies to an aquaculture agreement or compensation declaration referred to in subsection (3)(b), subject to the modifications set out in Part 2 of Schedule 2.

      (5) Subsection (6) applies if, before the expiry of the period specified in subsection (3)(b) or section 44J or 44K, an applicant for a coastal permit to undertake aquaculture activities in the area, an iwi aquaculture organisation, or the trustee, as the case may be, lodges an aquaculture agreement or compensation declaration in respect of an area in relation to which the chief executive made a reservation in relation to commercial fishing for stocks subject to the quota management system.

      (6) If this subsection applies, the chief executive must, as soon as practicable after the aquaculture agreement or compensation declaration is lodged, publish a notice in the Gazette that describes and defines the area that the aquaculture agreement or compensation declaration relates to as an aquaculture area.

24 New headings and sections 44A to 44O inserted
  • The following headings and sections are inserted after section 44:

    Allocation of authorisations to trustee

    44A Overview of sections 44B to 44L
    • (1) The purpose of sections 44B to 44L is to provide a process for allocation to the trustee of authorisations in respect of 20% of any space in an interim aquaculture management area in respect of which the chief executive has made a determination or a reservation relating to commercial fishing for stocks subject to the quota management system.

      (2) Sections 44B to 44D provide a negotiating period for the persons specified in section 44B(2) to try to reach an agreement about the allocation of authorisations in respect of the space.

      (3) Sections 44E to 44H provide a process for allocation of authorisations in respect of the space, if the persons specified in section 44B(2) have failed to reach agreement.

      (4) Sections 44E to 44H apply only to the extent that an agreement is not entered into by the persons specified in section 44B(2) within the required period.

      (5) Sections 44I to 44L deal with the lodging of aquaculture agreements or compensation declarations and when authorisations allocated to the trustee lapse.

    44B Notifications of period to negotiate and enter into agreement about 20% space
    • (1) A regional council that is required to comply with this section must notify the persons specified in subsection (2) that they have the period specified in subsection (3) to negotiate to enter into an agreement identifying 20% of the space referred to in section 44A(1) for allocation to the trustee.

      (2) The persons who must be notified under subsection (1) are—

      • (a) the trustee; and

      • (b) any person who has applied for a coastal permit in relation to the space referred to in section 44A(1).

      (3) The period for negotiation is 6 months beginning on the day after the date on which the persons specified in subsection (2) are notified under subsection (1).

      (4) The period of 6 months specified in subsection (3) may, before the period expires, be extended by the regional council for a further 3 months if the regional council is satisfied that—

      • (a) reasonable steps have been taken to reach an agreement; and

      • (b) more time is required to reach an agreement.

    44C Trustee to notify iwi aquaculture organisations of notice received from regional council
    • (1) The trustee must, as soon as practicable after receiving a notice under section 44B, notify iwi aquaculture organisations (in accordance with subsection (2) or (3), as the case may require) that it has received the notice.

      (2) If the notice received by the trustee relates to a regional coastline or harbour in respect of which the trustee has not made its determination as to settlement assets allocation entitlements under the Maori Commercial Aquaculture Claims Settlement Act 2004, then, in the notice given under subsection (1), the trustee must undertake to negotiate, on behalf of the iwi aquaculture organisations for all the iwi in relation to the regional coastline or harbour to which the space referred to in section 44A(1) belongs, an agreement (subject to their subsequent approval) with the other persons specified in section 44B(2) on the 20% of the space referred to in section 44A(1) in respect of which authorisations are to be issued to the trustee.

      (3) If the notice received by the trustee relates to a regional coastline or harbour in respect of which the trustee has made its determination as to settlement assets allocation entitlements under the Maori Commercial Aquaculture Claims Settlement Act 2004, then, in the notice given under subsection (1), the trustee must seek instructions from all the iwi aquaculture organisations with an interest in the authorisations in accordance with the determination of settlement assets allocation entitlements as to whether—

      • (a) the iwi aquaculture organisations themselves intend to negotiate an agreement; or

      • (b) the iwi aquaculture organisations authorise the trustee to negotiate on their behalf.

    44D Position at conclusion of negotiations
    • (1) If, at the conclusion of the period for negotiations, there is no agreement, the regional council must proceed to comply with section 44E.

      (2) If, at any time before the conclusion of the period for negotiations, there is an agreement that is in writing, signed by the parties to it, and delivered to the regional council, then the regional council—

      • (a) is not required to comply with section 44E; and

      • (b) must allocate to the trustee authorisations for the agreed space, in accordance with the agreement, as soon as practicable after receiving the agreement.

      (3) In subsection (2), parties means,—

      • (a) where the trustee has not made its determination as to settlement assets allocation entitlements,—

        • (i) the trustee in order to confirm that the agreement has been entered into by the iwi aquaculture organisations for all the iwi in relation to the regional coastline or harbour to which the space referred to in section 44A(1) belongs; and

        • (ii) the iwi aquaculture organisations referred to in subparagraph (i); and

        • (iii) any applicant for a coastal permit in the space referred to in section 44A(1):

      • (b) where the trustee has made its determination as to settlement assets allocation entitlements,—

        • (i) the trustee in order to confirm that the agreement has been entered into by all the iwi aquaculture organisations with an interest in the authorisations, in accordance with the determination of settlement assets allocation entitlements; and

        • (ii) the iwi aquaculture organisations referred to in subparagraph (i); and

        • (iii) any applicant for a coastal permit in the space referred to in section 44A(1).

      (4) For the purposes of this section, any space referred to in section 44A(1) must be treated as available for allocation of authorisations under the agreement.

      (5) An application to which section 47A of this Act or section 150B(2) of the principal Act applies is cancelled to the extent that the space to which it applies is agreed space, on and from the date of the agreement.

    44E Allocation of authorisations to trustee
    • (1) A regional council that is required to comply with this section under section 44D(1) must, by public notice, identify 20% of the space referred to in section 44A(1) for allocation to the trustee.

      (2) The identified space must be representative of all the space in the space referred to in section 44A(1).

      (3) The regional council must allocate to the trustee authorisations for the identified space as soon as practicable after the date on which the space is identified.

      (4) For the purposes of this section, any space in the space referred to in section 44A(1) must be treated as available for allocation of authorisations.

      (5) If the space referred to in section 44A(1) includes space that is subject to a reservation relating to commercial fishing for stocks subject to the quota management system, the representative space allocated to the trustee must include 20% of the space that is subject to the reservation and that is representative of all the space referred to in section 44A(1) that is subject to the reservation.

      (6) 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 space referred to in section 44A(1); and

      • (b) the provisions of any regional coastal plan or proposed regional coastal plan that relate to the space referred to in section 44A(1).

      (7) An application to which section 47A of this Act or section 150B(2) of the principal Act applies is cancelled, to the extent that the space to which it applies is identified space, on and from the date the identified space was publicly notified under subsection (1).

      (8) This section applies subject to sections 44F and 44G.

    44F Space to be allocated must be of economic size
    • (1) The space identified under section 44E must be of an economic size.

      (2) However, if it is not possible for a regional council to comply with subsection (1), the regional council must identify space that is of an economic size even though the space is not representative.

      (3) However, if it is not possible for a regional council to comply with subsection (2), the regional council must identify space that comprises a single area.

      (4) Space identified under subsection (2) or (3) must not have less than average productive capacity compared with the space referred to in section 44A(1) that it was originally intended to be representative of.

    44G Allocation of authorisations to trustee in relation to staged developments and harbours
    • (1) For the purposes of section 44E, if the space referred to in section 44A(1) includes space in a staged development or a harbour, then,—

      • (a) to comply with section 44E(1), the public notice given by the regional council must identify 20% of the space referred to in section 44A(1) separately for each stage of the staged development or harbour; and

      • (b) to comply with section 44E(2), that space must be representative of space referred to in section 44A(1) available at each stage of the staged development or harbour; and

      • (c) to comply with section 44E(3), the regional council must allocate to the trustee authorisations for that space.

      (2) The identification of space in a staged development under section 44E(1) is to be treated as an interim identification, and any necessary adjustments may be made at the time that authorisations for the space for that stage are made available for applications for coastal permits or allocation of authorisations.

      (3) If the space to which a staged development applies is not made available for the allocation of authorisations or applications for coastal permits, the regional council must not allocate authorisations for that space to the trustee.

      (4) In this section,—

      harbour means a harbour listed in Schedule 2 of the Maori Commercial Aquaculture Claims Settlement Act 2004

      staged development means provision in a regional coastal plan or the principal Act for space to become available for application for coastal permits or allocation of authorisations on a date later than the operative date of the regional coastal plan.

    44H Appeal to Environment Court against regional council's decision
    • (1) The following persons may appeal to the Environment Court against a decision of a regional council under any of sections 44E, 44F, and 44G:

      • (a) an applicant for a coastal permit in the identified space:

      • (b) the trustee:

      • (c) an iwi aquaculture organisation or recognised iwi organisation for an iwi in relation to the regional coastline or harbour to which the space referred to in section 44A(1) relates.

      (2) An appeal under this section must be filed within 15 working days after the public notice is given under section 44E(1).

      (3) The Environment Court may confirm, amend, or cancel the decision of the regional council appealed against.

    44I Application for coastal permits for occupation of space referred to in section 44A(1) subject to reservation relating to commercial fishing for stocks subject to quota management system
    • (1) This section applies to agreed space or identified space if—

      • (a) authorisations for the space have been allocated to the trustee under section 44D(2)(b) or 44E; and

      • (b) the agreed or identified space is subject to a reservation relating to commercial fishing for stocks subject to the quota management system.

      (2) The only person who may apply for a coastal permit to occupy the agreed space or identified space for aquaculture activities is the holder of—

      • (a) an authorisation for the space, being an authorisation allocated under section 44D(2)(b) or 44E; and

      • (b) either—

        • (i) an aquaculture agreement registered under section 186ZH of the Fisheries Act 1996; or

        • (ii) a compensation declaration registered under section 186ZHA of the Fisheries Act 1996.

    44J Time within which iwi aquaculture organisation may lodge aquaculture agreement or compensation declaration if trustee not authorised to enter into aquaculture agreement or provide compensation
    • (1) This section applies if—

      • (a) authorisations for space have been allocated to the trustee under section 44D(2)(b) or 44E; and

      • (b) the space is subject to a reservation relating to commercial fishing for stocks subject to the quota management system; and

      • (c) the trustee has not been authorised to enter into an aquaculture agreement or provide compensation under section 44K.

      (2) The trustee must notify in writing the chief executive of the Ministry of Fisheries as soon as practicable after—

      • (a) the trustee has recognised iwi aquaculture organisations for all the iwi with an interest in the authorisations; and

      • (b) the trustee has determined the entitlements for all those iwi in relation to the regional coastline or harbour to which the space referred to in section 44A(1) belongs.

      (3) The chief executive must, as soon as practicable after receiving the notice under subsection (2), notify in writing the trustee and every iwi aquaculture organisation and the regional council concerned of the receipt of the notice.

      (4) An iwi aquaculture organisation must lodge an aquaculture agreement or a compensation declaration in respect of any agreed or identified space that is subject to a reservation in relation to commercial fishing for stocks subject to the quota management system within 6 months after the date of the notice given by the chief executive under subsection (3).

      (5) Subpart 4 of Part 9A of the Fisheries Act 1996 applies to an aquaculture agreement or compensation declaration referred to in subsection (4), subject to the modifications set out in Part 3 of Schedule 2.

    44K Time within which trustee may lodge aquaculture agreement or compensation declaration on behalf of all recognised iwi aquaculture organisations concerned
    • (1) This section applies if—

      • (a) authorisations for space have been allocated to the trustee under section 44D(2)(b) or 44E; and

      • (b) the agreed or identified space is subject to a reservation relating to commercial fishing for stocks subject to the quota management system.

      (2) The trustee must notify in writing the chief executive of the Ministry of Fisheries as soon as practicable after—

      • (a) the trustee has recognised iwi aquaculture organisations for all the iwi in relation to the regional coastline or harbour to which the aquaculture space belongs; and

      • (b) all the iwi aquaculture organisations referred to in paragraph (a) have authorised the trustee to enter into an aquaculture agreement on behalf of all the iwi aquaculture organisations or to provide compensation in accordance with sections 186ZN and 186ZQ of the Fisheries Act 1996 on behalf of all the iwi aquaculture organisations.

      (3) The chief executive must, as soon as practicable after receiving the notice, notify in writing the trustee and every iwi aquaculture organisation and the regional council concerned of the receipt of the notice.

      (4) An aquaculture agreement or compensation declaration in respect of any of the agreed or identified space that is subject to a reservation in relation to commercial fishing for stocks subject to the quota management system must be lodged within 6 months after the date of the notice given by the chief executive under subsection (3).

      (5) Subpart 4 of Part 9A of the Fisheries Act 1996 applies to an aquaculture agreement or compensation declaration referred to in subsection (4), subject to the modifications set out in Part 3 of Schedule 2.

    44L When authorisations allocated to trustee lapse
    • (1) Section 165T of the principal Act does not apply to authorisations allocated under this Act.

      (2) However, an authorisation allocated under this Act does lapse if—

      • (a) a regional coastal plan provides that all aquaculture activities are prohibited activities in the space that is subject to the authorisation; or

      • (b) the authorisation is for space that is subject to a reservation relating to commercial fishing for stocks subject to the quota management system and no aquaculture agreement or compensation declaration is lodged in respect of the space within the time required by section 44J or 44K, as the case may be.

      (3) If an authorisation allocated under this Act is transferred and (as a result of the transfer) it ceases to be a settlement asset, the authorisation lapses 2 years after the date on which the holder gives a notice of transfer of the authorisation to the regional council under section 165S of the Resource Management Act 1991.

    Gazetted aquaculture areas

    44M Areas that became aquaculture management areas before commencement of Aquaculture Reform (Repeals and Transitional Provisions) Amendment Act 2011 become Gazetted aquaculture areas
    • (1) An area of the coastal marine area that became an aquaculture management area under section 44 as in force before the commencement of the Aquaculture Reform (Repeals and Transitional Provisions) Amendment Act 2011 is deemed to be a Gazetted aquaculture area.

      (2) To avoid doubt, sections 44 and 44A to 44L do not apply to an area described in subsection (1).

      (3) As soon as practicable after the commencement of the Aquaculture Reform (Repeals and Transitional Provisions) Amendment Act 2011, the chief executive must, by notice in the Gazette, identify and describe all the aquaculture management areas deemed to be Gazetted aquaculture areas by this section.

      (4) Subsection (1) does not apply to an area of the coastal marine area—

      • (a) in relation to which the chief executive of the Ministry of Fisheries granted an application for a marine farming permit under section 67J of the Fisheries Act 1983; and

      • (b) which became an aquaculture management area under section 52(3).

      (5) To avoid doubt, subsection (4) does not affect the application of section 186GA(a) of the Fisheries Act 1996 or section 107F(2)(a) of the Resource Management Act 1991 to the area referred to in that subsection.

      (6) This section applies subject to section 44O.

    44N Further provisions relating to Gazetted aquaculture areas
    • (1) A regional council must amend a regional coastal plan or proposed regional coastal plan—

      • (a) to remove any interim aquaculture management area or any space from an interim aquaculture management area that is subject to a reservation for—

        • (i) customary fishing, recreational fishing, or commercial fishing for stocks that are not subject to the quota management system:

        • (ii) commercial fishing for stocks that are subject to the quota management system and an aquaculture agreement or compensation declaration has not been lodged within the required time:

      • (b) to change any references to any space in an interim aquaculture management area that becomes a Gazetted aquaculture area to clarify that the space is now space in a Gazetted aquaculture area:

      • (c) if an aquaculture management area is deemed by section 44M to be a Gazetted aquaculture area, to change any references to the aquaculture management area to refer to a Gazetted aquaculture area:

      • (d) if an aquaculture management area has not been deemed by section 44M to be a Gazetted aquaculture area, to remove any reference to the area being an aquaculture management area.

      (2) The regional council must notify the chief executive before a proposed regional coastal plan becomes operative under the principal Act if the plan provides that all aquaculture activities are prohibited activities in any space in a Gazetted aquaculture area.

      (3) As soon as practicable after receiving a notice under subsection (2), the chief executive must publish a notice in the Gazette that—

      • (a) amends the Gazetted aquaculture area by removing any area in which all aquaculture activities will be prohibited activities (or if aquaculture activities will be prohibited activities in the whole Gazetted aquaculture area, notifies that the Gazetted aquaculture area no longer exists); and

      • (b) takes effect from the operative date of the plan.

      (4) Schedule 1 of the principal Act does not apply to an amendment made under subsection (1).

    44O Special provisions in relation to regional coastal plan of Waikato Regional Council
    • (1) This section applies in relation to space in the coastal marine area of the region of the Waikato Regional Council if—

      • (a) the space is in an area that is deemed to be a Gazetted aquaculture area under section 44M; and

      • (b) the Waikato Regional Council has not, under section 9(1) of the Maori Commercial Aquaculture Claims Settlement Act 2004 as it was before the commencement of the Maori Commercial Aquaculture Claims Settlement Amendment Act 2011, identified 20% of the space for allocation to the trustee.

      (2) Before space becomes available for aquaculture activities, the Waikato Regional Council must comply with sections 44B to 44D and, if necessary, section 44E in respect of the space and, for that purpose, sections 44B to 44L apply—

      • (a) with any necessary modifications; and

      • (b) as if references to space referred to in section 44A(1) were references to the space proposed to become available for aquaculture activities.

      (3) For the purposes of subsection (2), space in a Gazetted aquaculture area is to be treated as becoming available for aquaculture activities,—

      • (a) if, at the commencement of the Aquaculture Reform (Repeals and Transitional Provisions) Amendment Act 2011, the Waikato Regional Coastal Plan provides for authorisations in relation to aquaculture activities that are to be offered in the space, on the date on which the offer of authorisations is made; or

      • (b) if, at the commencement of the Aquaculture Reform (Repeals and Transitional Provisions) Amendment Act 2011, the Waikato Regional Coastal Plan does not provide for aquaculture activities in the space, on the date that a rule that would allow for aquaculture activities to be carried out in the space in accordance with a coastal permit becomes operative.

25 New section 45 substituted
  • Section 45 is repealed and the following section substituted:

    45 Status of former deemed aquaculture management areas
    • (1) To avoid doubt, on and from the commencement of the Aquaculture Reform (Repeals and Transitional Provisions) Amendment Act 2011, deemed aquaculture management areas cease to exist.

      (2) Subsection (3) applies to a coastal permit that relates to a deemed aquaculture management area that ceases to exist under subsection (1).

      (3) The coastal permit is not to be treated as invalid because—

      • (a) the area to which it relates was not in an aquaculture management area in a regional coastal plan at the time it was granted; or

      • (b) it relates to a species of fish or aquatic life, or contains conditions, that are different from those that applied to a deemed coastal permit under section 10, 20, or 21 that related to the same area.

26 New sections 47 to 47F substituted
  • Section 47 is repealed and the following sections are substituted:

    47 Pending applications where moratorium ends on close of 31 December 2004
    • (1) This section applies to an application—

      • (a) that section 150B(2) of the principal Act applies to; but

      • (b) only to the extent that it relates to an area for which the moratorium expires on the close of 31 December 2004.

      (2) After the end of the moratorium, a consent authority must resume processing the application, but only if and to the extent that—

      • (a) the application does not relate to an aquaculture activity that is a prohibited activity in the area of the coastal marine area that the application relates to; and

      • (b) if the application relates to an area in relation to which an aquaculture decision was required to be made under section 38, the area has become a Gazetted aquaculture area.

      (3) A consent authority must cancel the application if and to the extent that the application relates to an area in respect of which the chief executive was required to make an aquaculture decision under section 38 and the chief executive—

      • (a) made a reservation relating to—

        • (i) the sustainability of fisheries resources or effects on customary or recreational fishing; or

        • (ii) commercial fishing for stocks not subject to the quota management system; or

      • (b) made a reservation relating to commercial fishing for stocks subject to the quota management system and the applicant has not lodged an aquaculture agreement or compensation declaration within the time specified in section 44(3)(b).

      (4) The application is deemed to be cancelled on and from 31 December 2014 to the extent that, by that date,—

      • (a) it has been unable to be processed because it relates to an aquaculture activity that is a prohibited activity in the area of the coastal marine area that the application relates to; and

      • (b) a regional coastal plan continues to provide that the aquaculture activity that the application relates to is a prohibited activity in the area that the application relates to; and

      • (c) no proposed regional coastal plan has been notified under clause 5 of Schedule 1 of the principal Act in which the aquaculture activity the application relates to is not specified as a prohibited activity.

      (5) An application that is not cancelled under subsection (4) because a proposed regional coastal plan has been notified in which the aquaculture activity that the application relates to is not prohibited is cancelled,—

      • (a) if the proposed plan is withdrawn, on the date on which the plan is withdrawn; or

      • (b) if the proposed plan is amended to provide that aquaculture is a prohibited activity, on the date on which the decision is made that results in the amendment.

      (6) Subsections (2) to (5) are subject to subsection (7).

      (7) If the application is one that is referred to in Schedule 3 (whether or not the application is one referred to in subsection (1)), the consent authority must not resume processing the application until 1 January 2015 unless—

      • (a) the applicant requests the consent authority to resume processing the applicant's application before that date; and

      • (b) either—

        • (i) processing of the other applications referred to in Schedule 3 that were lodged before the applicant's application has already resumed; or

        • (ii) any earlier applications, in relation to which processing has not resumed, have been withdrawn.

    47A Applications made from 1 January 2005 to 10 May 2006
    • (1) This section applies to an application for a coastal permit for the occupation of space in the coastal marine area for the purpose of aquaculture activities made on or after 1 January 2005 but before 10 May 2006.

      (2) After the commencement of the Aquaculture Reform (Repeals and Transitional Provisions) Amendment Act 2011, a consent authority must resume processing the application, but only if and to the extent that—

      • (a) the application does not relate to an aquaculture activity that is a prohibited activity in the area of the coastal marine area that the application relates to; and

      • (b) if the application relates to an area in relation to which an aquaculture decision was required to be made under section 38, the area has become a Gazetted aquaculture area.

      (3) A consent authority must cancel the application if and to the extent that the application relates to an area in respect of which the chief executive was required to make an aquaculture decision under section 38 and the chief executive—

      • (a) made a reservation relating to—

        • (i) the sustainability of fisheries resources or effects on customary or recreational fishing; or

        • (ii) commercial fishing for stocks not subject to the quota management system; or

      • (b) made a reservation relating to commercial fishing for stocks subject to the quota management system and the applicant has not lodged an aquaculture agreement or compensation declaration within the time specified in section 44(3)(b).

      (4) The application is deemed to be cancelled on and from 28 September 2018 to the extent that, by that date,—

      • (a) it has been unable to be processed because it relates to an aquaculture activity that is a prohibited activity in the area of the coastal marine area that the application relates to; and

      • (b) a regional coastal plan continues to provide that the aquaculture activity that the application relates to is a prohibited activity in the area that the application relates to; and

      • (c) no proposed regional plan has been notified under clause 5 of Schedule 1 of the principal Act in which the aquaculture activity that the application relates to is not specified as a prohibited activity.

      (5) An application that is not cancelled under subsection (4) because a proposed regional coastal plan has been notified in which the aquaculture activity that the application relates to is not prohibited is cancelled,—

      • (a) if the proposed plan is withdrawn, on the date on which the plan is withdrawn; or

      • (b) if the proposed plan is amended to provide that aquaculture is a prohibited activity, on the date on which the decision is made that results in the amendment.

    47B Processing of applications that sections 47 and 47A apply to
    • (1) This section applies to applications that sections 47 and 47A apply to.

      (2) Applications that can be processed under section 47(2) or 47A(2) must be processed and determined—

      • (a) under the provisions in the principal Act and in the regional coastal plan and any proposed regional coastal plan applying at the time the consent authority resumes processing the application; but

      • (b) from the stage they had reached immediately before their processing and determination were prevented under the principal Act.

      (3) For the purposes of subsection (2)(b), the provisions of the principal Act apply subject to the following:

      • (a) any action taken under a provision of the principal Act that has been amended since the date of the action is to be treated as having occurred under any corresponding provision in the principal Act in force at the time that processing of an application resumes:

      • (b) the period during which the application was unable to be processed is excluded from any period of time in a provision of the principal Act:

      • (c) section 36AA and any regulations made under section 360(1)(hj) do not apply in respect of the application:

      • (d) the following periods are excluded from any applicable provision listed in section 88B(2):

        • (i) if a request for further information under section 92(1) was made before the commencement of this section, the period starting on the day on which the request was made and ending on the earlier of the day on which the information is provided or the day that is 12 months after the commencement of the Aquaculture Reform (Repeals and Transitional Provisions) Amendment Act 2011:

        • (ii) if a request for further information under section 92(1) is made within 12 months after the commencement of the Aquaculture Reform (Repeals and Transitional Provisions) Amendment Act 2011 and is the first request made after that commencement, the period starting on the day on which the request is made and ending on the earlier of the day on which the information is provided or the day that is 12 months after the commencement of the Aquaculture Reform (Repeals and Transitional Provisions) Amendment Act 2011:

      • (e) if the consent authority requests or has requested further information under section 92(1) and the information is provided within the applicable period specified in paragraph (d)(i) or (ii), section 95 does not prevent the consent authority from notifying the application within 10 working days after the date on which the application would have lapsed under paragraph (f) had the applicant not provided the information within the applicable period under paragraph (d):

      • (f) the application lapses if—

        • (i) the consent authority has requested further information under section 92(1) and the applicant does not comply with the request within 12 months after—

          • (A) the date of the commencement of the Aquaculture Reform (Repeals and Transitional Provisions) Amendment Act 2011, if the request was made before the commencement of the Aquaculture Reform (Repeals and Transitional Provisions) Amendment Act 2011; or

          • (B) the date on which the request is made, if the request is the first request made after the commencement of the Aquaculture Reform (Repeals and Transitional Provisions) Amendment Act 2011; or

        • (ii) the consent authority requests subsequent information under section 92(1) within 12 months after the commencement of the Aquaculture Reform (Repeals and Transitional Provisions) Amendment Act 2011 and the applicant does not comply with the request within 10 working days after the expiry of 12 months from the date of the first request made under section 92(1) after the commencement of the Aquaculture Reform (Repeals and Transitional Provisions) Amendment Act 2011.

      (4) To avoid doubt, section 159 of the Resource Management (Simplifying and Streamlining) Amendment Act 2009 does not apply to applications that sections 47 and 47A apply to.

    47C Some applications for coastal permits must be cancelled
    • A consent authority must cancel an application for a coastal permit for the occupation of space in the coastal marine area for the purpose of aquaculture activities if the application is made after 9 May 2006, but before the commencement of the Resource Management Amendment Act 2008.

      Compare: 1991 No 69 s 165BB

    47D Applications for coastal permits for aquaculture activities in deemed aquaculture management area made before but not finally disposed of at commencement of Aquaculture Reform (Repeals and Transitional Provisions) Amendment Act 2011
    • (1) Subsection (2) applies to an application for a coastal permit under the principal Act to undertake aquaculture activities in a deemed aquaculture management area made before, but not finally disposed of at, the commencement of the Aquaculture Reform (Repeals and Transitional Provisions) Amendment Act 2011.

      (2) The application is to be determined under the principal Act as if the Aquaculture Reform (Repeals and Transitional Provisions) Amendment Act 2011 had not been enacted except that the application—

      • (a) does not have to relate to an aquaculture management area in a regional coastal plan; and

      • (b) is not limited by the fish, aquatic life, or seaweed referred to in the deemed coastal permit under section 10, 20, or 21 to which the deemed aquaculture management area relates.

      (3) For the purposes of this section, an application is not finally disposed of until—

      • (a) the application is determined; and

      • (b) either—

        • (i) any appeals from the determination are completed; or

        • (ii) the time for lodging an appeal against the determination has expired.

    47E Applications for coastal permits for aquaculture activities in aquaculture management area being processed at commencement of Aquaculture Reform (Repeals and Transitional Provisions) Amendment Act 2011
    • (1) This section applies to an application for a coastal permit for the occupation of space in the coastal marine area for the purpose of aquaculture activities if—

      • (a) the application is an application referred to in section 47(1) or 47A(1) and the consent authority has resumed processing the application before, but has not determined the application at the commencement of the Aquaculture Reform (Repeals and Transitional Provisions) Amendment Act 2011; or

      • (b) the application is not an application referred to in section 47(1) or 47A(1) and has been made before but not determined at the commencement of that Act.

      (2) The application is to be determined as if the Aquaculture Reform (Repeals and Transitional Provisions) Amendment Act 2011 and the Resource Management Amendment Act (No 2) 2011 had not been enacted.

    47F Processing of certain applications deferred
    • (1) This section applies to an application for a coastal permit for the occupation of space for the purpose of aquaculture activities that is made on or after the date of commencement of the Aquaculture Reform (Repeals and Transitional Provisions) Amendment Act 2011 and that relates to space that is subject to an application listed in Schedule 3.

      (2) A consent authority must not process or determine the application until the time that processing of all the applications referred to in Schedule 3 has resumed, or the applications have been withdrawn.

27 Certain coastal permits granted during moratorium not to be exercised until end of moratorium
  • Section 48(8) is amended by omitting 357 and substituting 357A, 357C, 357D,.

28 Preferential right for deemed permit holder to apply to coastal permit for occupation
29 Pre-moratorium and pre-commencement applications for coastal permits not subject to moratorium
  • (1) Section 50(2) is amended by omitting as if the Resource Amendment Act (No 2) 2004 had not been passed and substituting as it was before the commencement of this Act.

    (2) Section 50(4)(b) is amended by adding ; or and also by adding the following paragraph:

    • (c) granted and any appeal in relation to the granted application is successful.

    (3) Section 50 is amended by repealing subsection (5) and substituting the following subsections:

    • (5) If an application that subsection (2) applies to is granted, the application under subsection (3) must be determined under Part 4A of the Fisheries Act 1983 which applies as it was before the commencement of this Act.

    • (5A) Subsection (5) applies subject to section 50A.

    (4) Section 50 is amended by adding the following subsections:

    • (8) Subsections (9) and (10) apply to a person who has—

      • (a) made an application that subsection (2) applies to, whether or not that application has been granted; and

      • (b) previously made an application for a marine farming permit or spat catching permit that met the criteria in subsection (3), but which was declined.

    • (9) The person may make 1 further application for a marine farming permit or spat catching permit in accordance with subsection (3) before the date that is 12 months after the date of commencement of the Aquaculture Reform (Repeals and Transitional Provisions) Amendment Act 2011.

    • (10) However, if the person has made a subsequent application for a marine farming permit or spat catching permit in accordance with subsection (3) before the commencement of the Aquaculture Reform (Repeals and Transitional Provisions) Amendment Act 2011, but which has not been determined before the commencement of that Act, the person may not make a further application in accordance with subsection (3).

30 New sections 50A and 50B inserted
  • The following sections are inserted after section 50:

    50A Assessment of effect on fishing of applications to which section 50(3) applies
    • (1) This section applies to an application under section 67J or 67Q(2) of the Fisheries Act 1983 referred to in section 50(3)—

      • (a) whether the application is made before, on, or after the commencement of the Aquaculture Reform (Repeals and Transitional Provisions) Amendment Act 2011; and

      • (b) which, if made before the commencement of that Act, has not been determined as at the commencement of that Act.

      (2) The chief executive may, in addition to seeking information from the applicant under section 67J(7) of the Fisheries Act 1983, seek information relevant to the application from—

      • (a) any fisher whose interests may be affected if the application is granted; and

      • (b) persons and organisations that the chief executive considers represent the classes of persons who have customary, commercial, or recreational fishing interests that may be affected if the application is granted.

      (3) The chief executive—

      • (a) may set a date by which information must be provided and may grant 1 or more extensions of that date if he or she considers it necessary to do so; and

      • (b) is not required to consider or take into account any information received after that date or extended date (as the case may be).

      (4) The chief executive must—

      • (a) grant the application under section 67J or 67Q of the Fisheries Act 1983 (as the case may require) if the chief executive is satisfied that the activities contemplated by the application would not have an undue adverse effect on fishing; but

      • (b) decline the application under section 67J or 67Q of the Fisheries Act 1983 (as the case may require) if the chief executive is not satisfied that the activities contemplated by the application would not have an undue adverse effect on fishing.

      (5) However, the chief executive must defer making a decision whether to grant or decline the application under section 67J or 67Q of the Fisheries Act 1983 (as the case may require) if—

      • (a) the chief executive is satisfied that the activities contemplated by the application would not have an undue adverse effect on fishing other than commercial fishing; but

      • (b) the chief executive is not satisfied that the activities contemplated by the application would not have an undue adverse effect on commercial fishing.

      (6) To avoid doubt, subsections (4) and (5) apply in place of section 67J(8) of the Fisheries Act 1983.

      (7) If subsection (4) applies but subsection (5) does not, the chief executive must give a notice to the applicant and give public notification—

      • (a) stating that the application is granted or declined; and

      • (b) giving the chief executive's reasons for granting or declining the application.

      (8) If subsection (5) applies, the chief executive must give a notice to the applicant and give public notification accordingly. The notice and public notification must also—

      • (a) specify—

        • (i) the area concerned; and

        • (ii) the stocks subject to the quota management system in the area that are the reason for the chief executive's view under subsection (5)(b); and

      • (b) specify the chief executive's reasons for deciding subsection (5) applies; and

      • (c) contain a copy, or statement to the effect, of subsections (9) and (10).

      (9) The chief executive must decline the application, if the applicant does not lodge—

      • (a) an aquaculture agreement with the chief executive within 6 months after the date of the public notice or before the expiry of any extension of time under section 186ZI(4) of the Fisheries Act 1996; or

      • (b) a compensation declaration with the chief executive within 6 months after the date of the public notice or before the expiry of any extension of time under section 186ZIA(4) of the Fisheries Act 1996.

      (10) The chief executive must grant the application and issue the permit if the applicant lodges—

      • (a) an aquaculture agreement with the chief executive within 6 months after the date of the public notice or before the expiry of any extension of time under section 186ZI(4) of the Fisheries Act 1996; or

      • (b) a compensation declaration with the chief executive within 6 months after the date of the public notice or before the expiry of any extension of time under section 186ZIA(4) of the Fisheries Act 1996.

      (11) For the purposes of this section, the references in section 67J(10) of the principal Act to adverse effects on fishing or the sustainability of any fisheries resource must be read as if it were a reference to adverse effects on fishing.

      (12) Any person wishing to seek, under Part 1 of the Judicature Amendment Act 1972, judicial review of a decision under this section must do so within 30 working days after the public notification of the decision.

      (13) The provisions of Part 1 of Schedule 2 have effect in relation to aquaculture agreements and compensation.

      (14) In this section,—

      aquaculture agreement means an agreement that complies with subpart 4 of Part 9A of the Fisheries Act 1996, subject to the modifications set out in Part 1 of Schedule 2

      commercial fishing means the fishing, authorised by a permit issued under section 91 of the Fisheries Act 1996, of stocks subject to the quota management system

      compensation declaration means a statutory declaration that complies with subpart 4 of Part 9A of the Fisheries Act 1996, subject to the modifications set out in Part 1 of Schedule 2

      public notification has the same meaning as in section 2 of the Fisheries Act 1996.

    50B Information and matters to be considered in relation to applications to which section 50A applies
    • (1) In making a decision under section 50A(4) or (5), the chief executive must have regard to any—

      • (a) information held by the Ministry of Fisheries; and

      • (b) information supplied by the applicant; and

      • (c) information supplied to the chief executive by the persons referred to in section 50A(2), whether before or after the commencement of the Aquaculture Reform (Repeals and Transitional Provisions) Amendment Act 2011; and

      • (d) other information that the chief executive has requested and obtained.

      (2) In considering for the purposes of section 50A(4) and (5) whether granting the application will have an undue adverse effect on fishing, the chief executive must have regard only to the following matters:

      • (a) the location of the area that the application relates to in relation to areas in which fishing is carried out:

      • (b) the likely effect of the granting of the permit on fishing of any fishery, including the proportion of any fishery likely to become affected:

      • (c) the degree to which the granting of the permit in the area that the application relates to will lead to the exclusion of fishing:

      • (d) the extent to which fishing for a species in the area that the application relates to can be carried out in other areas:

      • (e) the extent to which the granting of the permit will increase the cost of fishing:

      • (f) the cumulative effect on fishing of any authorised aquaculture activities, including any structures authorised before the introduction of any relevant stock to the quota management system.

      (3) This section applies subject to section 50A(3).

31 Section 52 repealed
32 Off-site farms
  • (1) Section 53(2) is amended by omitting , within 2 years after the commencement of this Act,.

    (2) Section 53 is amended by inserting the following subsections after subsection (2):

    • (2A) An application under subsection (2) must be made not later than 12 months after the commencement of the Aquaculture Reform (Repeals and Transitional Provisions) Amendment Act 2011.

    • (2B) Subsection (2A) applies subject to subsections (2C) and (2D).

    • (2C) If section 16(1) applies, an application under subsection (2) must be made within 12 months after the date on which the application referred to in that subsection is determined.

    • (2D) If section 16(2) applies, an application under subsection (2) must be made within 12 months after the date on which the forfeiture referred to in that subsection is discontinued.

    (3) Section 53 is amended by inserting the following subsection after subsection (4):

    • (4A) Before deciding whether to amend a deemed coastal permit under this section, the consent authority must consider—

      • (a) the matters referred to in subsection (3)(c) and (d); and

      • (b) where the actual space is located compared to the location of the authorised space; and

      • (c) how the activities to which the deemed coastal permit relate came to be carried out in the actual space; and

      • (d) if aquaculture activities are prohibited activities in the actual space, the reasons for that; and

      • (e) any other matters the consent authority considers relevant.

    (4) Section 53 is amended by inserting the following subsections after subsection (5):

    • (5A) The consent authority may amend the deemed coastal permit to reflect the actual space even though aquaculture is specified in a regional coastal plan or proposed regional coastal plan as a prohibited activity in all or part of the actual space.

    • (5B) Subsection (5C) applies if a deemed coastal permit is amended to reflect the actual space in respect of which aquaculture is specified in a regional coastal plan or proposed regional coastal plan as a prohibited activity.

    • (5C) The actual space is subject to the provisions of the regional coastal plan or proposed regional coastal plan that applied to the authorised space, subject to any subsequent amendment or replacement of those provisions by any enactment or under Schedule 1 of the principal Act.

    (5) Section 53(6) is amended by omitting Section 120 and substituting Sections 120 and 121.

    (6) Section 53 is amended by repealing subsection (10) and substituting the following subsection:

    • (10) The holder of the deemed coastal permit may object to the consent authority about any decision under subsection (5)(b), and sections 357C, 357D, and 358 of the Resource Management Act 1991 apply to the objection as if it were an objection against a review of the conditions of a resource consent under sections 128 to 132 of that Act.

    (7) Section 53 is amended by inserting the following subsection after subsection (11):

    • (11A) The amendments made to this section by the Aquaculture Reform (Repeals and Transitional Provisions) Amendment Act 2011 apply to applications made before the commencement of that Act if they have not been determined at the commencement of that Act.

33 Consent authority may initiate review of off-site farms
  • Section 54(3) is amended by omitting 53(5) and substituting 53(4A).

34 Transitional provision relating to requirements to keep records and returns
  • Section 55 is amended by adding the following subsection:

    • (3) In subsection (1), Minister of Fisheries has the same meaning as Minister in the Fisheries Act 1996.

35 New section 56 substituted
  • Section 56 is repealed and the following section substituted:

    56 Restriction on erection of structures in coastal marine area
    • (1) This section applies to a person who—

      • (a) is the holder of a coastal permit or certificate of compliance under the Resource Management Act 1991 to occupy a coastal marine area for marine farming or spat catching; and

      • (b) makes or has made an application or is entitled to make an application for a marine farming permit or spat catching permit, as provided for by section 25, 26, or 50(3).

      (2) The person must not erect a structure for the purpose of an aquaculture activity unless—

      • (a) the application referred to in subsection (1)(b) is granted; and

      • (b) the structure is to be erected in an area covered by—

        • (i) the marine farming permit or the spat catching permit; and

        • (ii) the coastal permit or certificate of compliance.

36 Schedules 1, 2, and 3 added
  • The Act is amended by adding Schedules 1, 2, and 3 set out in the Schedule of this Act.


Schedule
New Schedules 1, 2, and 3 added

s 36

Schedule 1
Marine Farming Permit 364 (Waikato Communal Area)

s 20A

Coastal Permit Conditions

Term
1
  • This resource consent expires on 31 December 2033.

Activities authorised
2
  • This resource consent authorises:

    • (i) the marine farming of Green Mussels (Perna canaliculus) and Pacific Oysters (Crassostrea gigas);

    • (ii) the occupation of 22.5 hectares of space in the Waikato Communal Area (as defined in section 20A(8) of the Aquaculture Reform (Repeals and Transitional Provisions) Act 2004);

    • (iii) any associated existing structures; and

    • (iv) any associated discharges, and

    • (v) any associated disturbance of, and deposition on, the seabed;

    (see advice note 7).

  • Note: Conventional marine farming structures include longlines and associated structures described in the marine farming chapters of the Waikato Regional Coastal Plan.

Notification
3
  • Within 2 months after the commencement of the Aquaculture Reform (Repeals and Transitional Provisions) Amendment Act 2011, the consent holder shall provide Maritime New Zealand (hereinafter referred to as “MNZ”) and Land Information New Zealand with written notice of the details of the marine farm authorised by this resource consent, including its geographic location and details of navigation lighting and marking.

4
  • Within 2 months after the commencement of the Aquaculture Reform (Repeals and Transitional Provisions) Amendment Act 2011, the consent holder shall provide the Waikato Regional Council with a structures plan showing the details of the existing marine farming structures within the space authorised by this resource consent, and details of navigation lighting and marking.

Boundary definition
5
  • The consent holder shall, if requested by the Waikato Regional Council in writing, provide the following:

    • (a) a survey plan prepared in accordance with the Rules for Cadastral Survey 2010 promulgated by the Surveyor-General that defines the boundary of the marine farm and/or

    • (b) coordinates of the corner points of the marine farm suitable for use with a global navigation satellite system such as Global Positioning System (to an accuracy of at least plus or minus 10 metres).

  • This information shall be provided to the Waikato Regional Council as soon as is practicable but no later than one (1) month from the date of receipt of that request.

Code of Practice
6
  • The marine farm shall be operated in general accordance with the mussel farming code of practice document titled Mussel Industry Environmental Code of Practice, New Zealand Mussel Industry Council Limited, dated 1999 (or any subsequent update to that document) to the satisfaction of the Waikato Regional Council.

  • Where any conflict exists between the Code of Practice and the conditions of this resource consent, the conditions shall prevail.

Marking and lighting
7
  • Each corner of the marine farm and the middle of each of the seaward-most and landward-most longlines shall be marked with an orange marker buoy of a minimum diameter of 500 millimetres.

8
  • The marine farm shall be clearly marked with the consent holder's name and consent number or former marine farming permit number on at least one of the four orange corner marker buoys, unless otherwise agreed in writing by the Waikato Regional Council.

9
  • The consent holder shall ensure that the marine farming structures authorised by this resource consent are marked and lit in accordance with the navigation safety requirements of MNZ and the Harbourmaster or their delegate. This condition will be satisfied by complying with the document titled Guideline for Aquaculture Management Areas and Marine Farms, Maritime New Zealand, dated December 2005 (or any subsequent update to that document).

Navigation safety and structural integrity
10
  • The consent holder shall maintain all structures authorised by this resource consent to ensure that they are restrained, secure and in working order at all times so as to not create a navigational hazard, and take whatever steps are reasonably necessary to ensure structural integrity is maintained.

  • Note: A separate resource consent may be required as a result of the need to undertake further works. Any such consent shall be obtained by the consent holder at their sole expense prior to any works being undertaken.

11
  • Should any part of the structures authorised by this resource consent be lost into the marine environment that is of a size that could constitute a navigation hazard, the consent holder shall inform the Waikato Regional Council as soon as practicable. The consent holder shall also undertake all necessary steps where practicable to find the lost part and once found shall undertake such actions as are necessary to ensure it does not constitute a navigation hazard.

Waste removal
12
  • The consent holder shall ensure that non-biodegradable material lost or removed from the structures authorised by this resource consent, including but necessarily limited to, anchors, lines, droppers, ties, buoys, cages and timber, shall be removed as soon as practicable from the seabed, water column or foreshore and disposed of on land to the satisfaction of the Waikato Regional Council.

Removal of unused and/or abandoned structures
13
  • The consent holder shall inform the Waikato Regional Council as soon as practicable should the marine farming operation cease within all or part of the space authorised by this resource consent. Unless otherwise agreed in writing by the Waikato Regional Council, the structures authorised by this resource consent shall be removed and suitably disposed of on land to the satisfaction of the Waikato Regional Council at the consent holder’s expense within six (6) months of the date of ceasing to farm this area, or at the expiry or lapse or cancellation or surrender of this resource consent.

  • Note: Removal upon expiry shall not apply where the consent holder has applied to the Waikato Regional Council pursuant to section 165ZH of the Resource Management Act 1991 to replace this resource consent and a final decision on the application has not been determined.

Discharges
14
  • The consent holder shall ensure that there are no unauthorised discharges of contaminants such as oil, diesel, or petrol, to surface water or the coastal marine area as a result of the exercise of this resource consent.

15
  • The consent holder shall not introduce artificial feed or antibiotics to the water column unless authorised by a separate resource consent.

Monitoring
16
  • The consent holder shall, within two (2) months after the commencement of the Aquaculture Reform (Repeals and Transitional Provisions) Amendment Act 2011, submit an environmental monitoring plan for the approval of the Chief Executive of the Waikato Regional Council, to effectively monitor the environmental effects of the existing marine farm. The consent holder shall adhere to the monitoring requirements set out in the approved monitoring plan or any subsequent plan that is submitted by the consent holder and approved in writing by the Chief Executive of the Waikato Regional Council.

Bond
17
  • Within 2 months after the commencement of the Aquaculture Reform (Repeals and Transitional Provisions) Amendment Act 2011, unless otherwise agreed in writing by the Waikato Regional Council, the consent holder shall provide a bond to secure compliance with condition [13] of this resource consent to the satisfaction of the Waikato Regional Council.

18
  • Unless the Waikato Regional Council agrees to an earlier release, the consent holder shall maintain the bond in favour of the Waikato Regional Council until two (2) years after the expiry of this resource consent. Where the consent holder has applied to the Waikato Regional Council pursuant to section 165ZH of the Resource Management Act 1991 to replace this resource consent, the consent holder shall maintain the bond in favour of the Waikato Regional Council until one (1) year after the decision and any subsequent appeals on that decision.

19
  • The bond shall be in a form approved by the Waikato Regional Council and shall be on the terms required by the Waikato Regional Council. Unless the bond is a cash deposit, the performance of the bond shall be guaranteed by a guarantor which is acceptable to the Waikato Regional Council. The guarantor shall bind itself to pay for, or undertake, the work necessary for the carrying out and completion of any works to ensure compliance with condition [13] in the event of any default of the consent holder. Alternatively, the bond requirement may be met by a legally enforceable industry pooled fund and/or security scheme which has been approved by the WRC.

20
  • Within 2 months after the commencement of the Aquaculture Reform (Repeals and Transitional Provisions) Amendment Act 2011, the consent holder shall propose a bond quantum for the Waikato Regional Council’s consideration. The bond shall be fixed by the Waikato Regional Council after taking into account any calculations or other matters submitted by the consent holder which are relevant to the determination of the bond quantum. Failure to propose a bond quantum by this date will result in the bond quantum being fixed by the Waikato Regional Council without such consideration.

21
  • The bond shall make provision so that every third year, beginning 1 March 2014, the quantum of the bond shall be adjusted for inflation.

22
  • The bond may be varied or cancelled at any time by agreement in writing between the consent holder and the Waikato Regional Council.

  • Note: The Waikato Regional Council may include in any written agreement cancelling the bond a stipulation that the requirement for the bond shall be reinstated at any time if it is deemed necessary by the Waikato Regional Council following consultation with the consent holder.

23
  • The transfer of this resource consent is subject to the transferee providing a bond on the same terms as the existing bond, unless this requirement is provided for by an industry security scheme approved by the Waikato Regional Council. In the case of any transfer in part or in whole to another person, the bond lodged by the transferor shall be retained until any outstanding work at the date of transfer is completed to ensure compliance with condition [13] of this resource consent.

  • Note: The Waikato Regional Council will not unreasonably retain the bond if it is satisfied that adequate or alternative provisions have been made in this regard.

24
  • The consent holder shall pay all reasonable costs incurred by the Waikato Regional Council in relation to the preparation, administration and execution of the bond.

Review
25
  • The Waikato Regional Council may, within two (2) months either side of 1 March 2012, and at five yearly periods thereafter, serve notice on the consent holder under section 128(1) of the Resource Management Act 1991, of its intention to review the conditions of this resource consent. The review will be for the following purposes:

    • (i) to review the effectiveness of the conditions of this resource consent in avoiding or mitigating any adverse effects on the environment from the exercise of this resource consent and if necessary to avoid, remedy or mitigate such effects by way of further or amended conditions; and/or

    • (ii) if necessary and appropriate, to require the holder of this resource consent to adopt the best practicable option to remove, or reduce, adverse effects on the environment resulting from the exercise of this resource consent; and/or

    • (iii) to review the adequacy of and the necessity for monitoring (including, but not limited to, environmental monitoring and biosecurity monitoring) undertaken by the consent holder.

  • Note: Costs associated with any review of the conditions of this resource consent will be recovered from the consent holder in accordance with the provisions of section 36 of the Resource Management Act 1991.

Administration
26
  • The consent holder shall pay to the Waikato Regional Council any administrative charge fixed in accordance with section 36 of the Resource Management Act 1991, or any charge prescribed in accordance with regulation made under section 360 of the Resource Management Act 1991.

Advice notes

General
  • 1. The consent holder is responsible for all sub-contracted operations related to the exercise of this consent.

  • 2. The consent holder may apply to change the conditions of this resource consent under section 127 of the Resource Management Act 1991.

  • 3. In accordance with section 126 of the Resource Management Act 1991, if this resource consent has been exercised in the past, but has not been exercised during the preceding five (5) years, it may be cancelled by the Waikato Regional Council.

  • 4. The consent holder is advised that they have a general duty under section 17(1) of the Resource Management Act 1991 to avoid, remedy or mitigate any adverse effect on the environment arising from the marine farming activity.

  • 5. The consent holder is required to comply with all relevant provisions of the Building Act 2004.

Aquaculture reforms
  • 6.  This resource consent provides for activities previously authorised by a marine farming permit. This resource consent was created on 1 October 2011 by the Aquaculture Reform (Repeals and Transitional Provisions) Amendment Act 2011 and expires on 31 December 2033 (section 20A of the Aquaculture Reform (Repeals and Transitional Provisions) Act 2004). The consent holder has a right to apply for a replacement resource consent pursuant to section 165ZH of the Resource Management Act 1991.

Extent of occupation
  • 7. This resource consent does not grant exclusive occupation rights to the consent holder. The consent holder may not occupy the coastal marine area outside the space authorised by this resource consent.

Biosecurity
  • 8. Under section 44 of the Biosecurity Act 1993 every person has a duty to inform the Ministry of Agriculture and Forestry (MAF), as soon as practicable, of the presence of an organism not normally seen or otherwise detected in New Zealand.

  • Under section 46 of the Biosecurity Act 1993 every person is required, without unreasonable delay, to notify the Chief Technical Officer of the presence or possible presence of notifiable organisms (under MAF policy all notifiable organisms are also unwanted organisms).

Marine mammals
  • 9. In the event a marine mammal is entangled or stranded within the farm structures the consent holder should, as soon as practicable, contact the nearest office of the Department of Conservation. This is a legal requirement under the Marine Mammals Protection Act 1978.

  • 10. In the event that a protected species other than a marine mammal is entangled, that is protected under the Wildlife Act 1953 (for example, sea turtles) the consent holder should as soon as practicable, contact the nearest office of the Department of Conservation or the Ministry of Fisheries. This is a legal requirement under the Wildlife Act 1953, in respect of permits issued under the Fisheries Act 1983.

Administration

The reasonable costs incurred by the Waikato Regional Council arising from supervision and monitoring of this resource consent will be charged to the consent holder (section 36 of the Resource Management Act 1991). This may include, but not be limited to, routine inspection by the Waikato Regional Council officers or agents, liaison with the consent holder, responding to complaints or enquiries relating to the marine farm, and review and assessment of compliance with the conditions of consent.

Schedule 2
Aquaculture agreements and compensation declarations

ss 25A, 26A, 44, 44J, 44K, 50A

Part 1
Sections 25A, 26A, and 50A

1
  • Subpart 4 of Part 9A of the Fisheries Act 1996 applies in relation to aquaculture agreements and compensation declarations entered into for the purposes of sections 25A, 26A, and 50A of this Act subject to the exclusions and modifications in paragraphs 2 to 10.

2
  • Section 186ZF applies as if subsection (2) were repealed and the following subsection substituted:

    • (2) The consents required are, for each stock specified in the chief executive’s notice under section 25A(8), 26A(8), or 50A(8) of the Aquaculture Reform (Repeals and Transitional Provisions) Act 2004, as the case may be,—

      • (a) the consents of registered quota owners of the stock holding not less than 75% of the quota shares for the stock; and

      • (b) to the extent that the consents referred to in paragraph (a) are given by persons holding 75% or more but less than 100% of the quota shares for the stock, the consent of the High Court in relation to the persons who did not consent.

3
  • Section 186ZF(3) applies as if the words “the coastal permit to which they relate” were omitted and the words “any deemed coastal permit that relates to the marine farming permit or spat catching permit to which the consent and aquaculture agreement relate” substituted.

4
  • Section 186ZF applies as if subsection (4) were repealed and the following subsection substituted:

    • (4) For the purposes of this section, subsection (2) applies to the persons specified in that subsection as at 5 pm on the date on which public notification is given under section 25A(8), 26A(8), or 50A(8) of the Aquaculture Reform (Repeals and Transitional Provisions) Act 2004, as the case may be.

5
  • Section 186ZI(1) applies as if paragraph (b) of that subsection were repealed and the following paragraph substituted:

    • (b) within 6 months after the date of the public notification under section 25A(8), 26A(8), or 50A(8) of the Aquaculture Reform (Repeals and Transitional Provisions) Act 2004.

6
  • Section 186ZIA(1) applies as if paragraph (b) of that subsection were repealed and the following paragraph substituted:

    • (b) within 6 months after the date of public notification under section 25A(8), 26A(8), or 50A(8) of the Aquaculture Reform (Repeals and Transitional Provisions) Act 2004.

7
  • Sections 186ZK and 186ZM do not apply.

8
  • Section 186ZL applies as if subsections (1) and (2) were repealed and the following subsection substituted:

    • (1) If the chief executive gives notice under section 25A(8), 26A(8), or 50A(8) of the Aquaculture Reform (Repeals and Transitional Provisions) Act 2004, the chief executive must, on the date of the public notification, ensure that a memorial is recorded in the appropriate register against all quota for the stocks specified in the notice.

9
  • Section 186ZL(3) applies as if paragraph (a) were repealed and the following paragraph substituted:

    • (a) the chief executive has determined that section 25A(5), 26A(5), or 50A(5) of the Aquaculture Reform (Repeals and Transitional Provisions) Act 2004 applies; and

10
  • In sections 186ZN to 186ZR,—

    affected quota owner or quota owner is to be read as if it means a person who is the registered quota owner of the relevant quota management stock as at 5 pm on the date on which the chief executive gives public notification under section 25A(8), 26A(8), or 50A(8), as the case may require

    coastal permit is to be read as if it means, as the case may require, the application under section 65J, 65K, or 65Q of the Fisheries Act 1983, or the permit that may be granted or amended in relation to that application

    permit holder is to be read as if it means the applicant who made the application to which section 25A, 26A, or 50A applies, as the case may require.

Part 2
Section 44

11
  • Subpart 4 of Part 9A of the Fisheries Act 1996 applies in relation to aquaculture agreements and compensation declarations referred to in section 44(3)(b) subject to the exclusion and modifications in paragraphs 12 to 17.

12
  • Section 186ZF applies as if subsection (2) were repealed and the following subsection substituted:

    • (2) The consents required are, for each stock specified in the chief executive’s notice under section 41 of the Aquaculture Reform (Repeals and Transitional Provisions) Act 2004 in relation to the space to which the application relates,—

      • (a) the consents of registered quota owners of the stock holding not less than 75% of the quota shares for the stock; and

      • (b) to the extent that the consents referred to in paragraph (a) are given by persons holding 75% or more but less than 100% of the quota shares for the stock, the consent of the High Court in relation to the persons who did not consent.

13
  • Section 186ZF applies as if subsection (4) were repealed and the following subsection substituted:

    • (4) For the purposes of this section, subsection (2) applies to the persons specified in that subsection as at 5 pm on the date on which public notification is given under section 44(3)(b) of the Aquaculture Reform (Repeals and Transitional Provisions) Act 2004.

14
  • Section 186ZI(1) applies as if paragraph (b) of that subsection were repealed and the following paragraph substituted:

    • (b) within 6 months after the date of the public notice under section 44(3)(b) of the Aquaculture Reform (Repeals and Transitional Provisions) Act 2004.

15
  • Section 186ZIA(1) applies as if paragraph (b) of that subsection were repealed and the following paragraph substituted:

    • (b) within 6 months after the date of the public notice under section 44(3)(b) of the Aquaculture Reform (Repeals and Transitional Provisions) Act 2004.

16
  • Section 186ZM does not apply.

17
  • In sections 186ZN to 186ZR,—

    affected quota owner or quota owner is to be read as if it means a person who is the registered quota owner of the relevant quota management stock as at 5 pm on the date of the public notice under section 44(3)(b) of the Aquaculture Reform (Repeals and Transitional Provisions) Act 2004

    coastal permit is to be read as if it means, as the case may require, the application for a coastal permit, or the permit that may be granted in relation to that application

    permit holder is to be read as if it means the applicant who made the application for a coastal permit.

Part 3
Sections 44J and 44K

18
  • Subpart 4 of Part 9A of the Fisheries Act 1996 applies in relation to aquaculture agreements and compensation declarations referred to in sections 44J and 44K subject to the exclusion and modifications in paragraphs 19 to 25.

19
  • Section 186ZF applies as if subsection (2) were repealed and the following subsection substituted:

    • (2) The consents required are, for each stock specified in the chief executive’s notice under section 41 of the Aquaculture Reform (Repeals and Transitional Provisions) Act 2004 in relation to the agreed or identified space,—

      • (a) the consents of registered quota owners of the stock holding not less than 75% of the quota shares for the stock; and

      • (b) to the extent that the consents referred to in paragraph (a) are given by persons holding 75% or more but less than 100% of the quota shares for the stock, the consent of the High Court in relation to the persons who did not consent.

20
  • Section 186ZF(3) applies as if the words “the coastal permit to which they relate” were omitted, and the words “any coastal permit that relates to the area to which the consent and aquaculture agreement relate” were substituted.

21
  • Section 186ZF applies as if subsection (4) were repealed and the following subsection substituted:

    • (4) For the purposes of this section, subsection (2) applies to the persons specified in that subsection as at 5 pm on the date on which notice is given by the chief executive under section 44J(3) or 44K(3) of the Aquaculture Reform (Repeals and Transitional Provisions) Act 2004, as the case may be.

22
  • Section 186ZI(1) applies as if paragraph (b) of that subsection were repealed and the following paragraph substituted:

    • (b) within 6 months after the date of the notice under section 44J(3) or 44K(3) of the Aquaculture Reform (Repeals and Transitional Provisions) Act 2004, as the case may be.

23
  • Section 186ZIA(1) applies as if paragraph (b) of that subsection were repealed and the following paragraph substituted:

    • (b) within 6 months after the date of the notice under section 44J(3) or 44K(3) of the Aquaculture Reform (Repeals and Transitional Provisions) Act 2004, as the case may be.

24
  • Section 186ZM does not apply.

25
  • In sections 186ZN to 186ZR,—

    affected quota owner or quota owner is to be read as if it means a person who is the registered quota owner of the relevant quota management stock as at 5 pm on the date on which the chief executive gives notice under section 44J(3) or 44K(3) of the Aquaculture Reform (Repeals and Transitional Provisions) Act 2004, as the case may require

    aquaculture activities authorised by the permit is to be read as if it means aquaculture activities in the relevant agreed or identified space

    coastal permit is to be read as if it means the relevant agreed or identified space

    permit holder is to be read as if it means the trustee or an iwi aquaculture organisation, as the case may require.

Schedule 3
Deferred applications

s 47

Auckland Regional Council consent application number Waikato Regional Council consent application number (if applicable for transferred applications) Acceptance date
24873   19/02/01
25068   21/03/01
24875   19/02/01
25408 122631 29/05/01
25376   21/05/01
25376 122626 21/05/01
25730   31/08/01
25341 122620 14/05/01
25343 122622 14/05/01
25345   14/05/01
25345 122624 14/05/01
25534   06/07/01
25536 122632 06/07/01
25538 122634 06/07/01
24420   04/10/00
24661 122618 27/11/00
24694   07/12/00
24696   07/12/00
24698   07/12/00
25979   16/10/01

Legislative history

16 August 2011Divided from Aquaculture Legislation Amendment Bill (No 3) (Bill 239–2) by committee of the whole House, and third reading
12 September 2011Royal assent

This Act is administered by the Ministry of Agriculture and Forestry.