1 Title
2 Commencement
3 Principal Act amended
4 Interpretation
5 Section 12A repealed
6 Section 12B repealed
7 Functions of Minister of Conservation
8 New section 28B inserted
28B Functions of Minister of Aquaculture
9 Functions of regional councils under this Act
10 Consideration of alternatives, benefits, and costs
11 Transfer of powers
12 Local authority policy on discounting administrative charges
13 Power of waiver and extension of time limits
14 Persons who may be given hearing authority
15 Preparation and change of coastal plans
16 Content of regional plans
17 New section 68A inserted
68A Regional coastal plan not to authorise aquaculture activities in coastal marine area as permitted activities
18 When rules in proposed plans and changes have legal effect
19 Class of activities
20 Environment Court determines application
21 Making an application
22 New section 88F inserted
88F Excluded time relating to pre-request aquaculture agreements
23 Consideration of applications
24 Heading above section 107E repealed
25 Section 107E repealed
26 New section 107F inserted
107F Applications to undertake aquaculture activities
27 Notification
28 When resource consent commences
29 New section 116A inserted
116A When coastal permit for aquaculture activities may commence
30 Duration of consent
31 New section 123A inserted
123A Duration of consent for aquaculture activities
32 Exercise of resource consent while applying for new consent
33 Lapsing of consents
34 Change or cancellation of consent condition on application by consent holder
35 Circumstances when consent conditions can be reviewed
36 Decisions on review of consent conditions
37 Matter lodged with EPA
38 EPA to recommend course of action to Minister
39 Minister makes direction after EPA recommendation
40 EPA must give public notice of Minister's direction
41 EPA to receive further submissions if matter is request, change, or variation
42 Limitation on withdrawal of change or variation
43 Process if matter is request for regional plan or change and particular circumstances apply
44 Board to produce final report
45 Process if section 149M applies or proposed plan or change not yet prepared
46 Public notice and submissions where EPA receives proposed plan or change from local authority under section 149N
47 Consideration of matter by board
48 Heading to Part 7A amended
49 New subpart 1 of Part 7A substituted
165A Overview
165B Relationship of Part with rest of Act
Subpart 1—Managing occupation in common marine and coastal area
165C Interpretation
165D Power of consent authorities to refuse to receive applications for coastal permits
165E Applications in relation to aquaculture settlement areas
Regional coastal plan provisions relating to occupation of common marine and coastal area
165F Provisions about occupation of common marine and coastal area
165G Plan may specify allocation methods
165H Regional council to have regard to and be satisfied about certain matters before including allocation rule in regional coastal plan or proposed regional coastal plan
165I Offer of authorisations for activities in common marine and coastal area in accordance with plan
165J When applications not to be made unless applicant holds authorisation in accordance with plan
165K Power to give directions relating to allocation of authorisations for space provided for in plan
Ministerial approval of use of method of allocating authorisations
165L Regional council may request use of allocation method
165M Stay on applications following request under section 165L
165N Minister may approve use of allocation method
165O Period of approval
165P Offer of authorisations where approved by Minister
165Q When applications not to be made or granted unless applicant holds authorisation in accordance with Gazette notice
Authorisations
165R Authorisation not to confer right to coastal permit
165S Authorisation transferable
165T Authorisation lapses in certain circumstances
165U Public notice of offer of authorisations by regional council
165V Requirements for offers for authorisations
165W Preferential rights of iwi
165X Acceptance of offer for authorisations
165Y Grant of authorisation
165Z Tender money
165ZA Use of tender money
Ministerial powers in relation to applications for coastal permits to undertake aquaculture activities in common marine and coastal area
165ZB Regional council may request suspension of applications to occupy common marine and coastal area for purposes of aquaculture activities
165ZC Effect on applications of request under section 165ZB
165ZD Minister of Aquaculture may suspend applications to occupy the common marine and coastal area for the purposes of aquaculture activities
165ZE Subsequent requests for direction in relation to suspension of receipt of applications
Ministerial power to direct applications for coastal permits to undertake aquaculture activities in common marine and coastal area to be processed and heard together
165ZF Regional council may request direction to process and hear together applications for permits to occupy common marine and coastal area for purpose of aquaculture activities
165ZFA Ministerial power to direct applications to be processed and heard together
Processing and hearing together of applications for coastal permits
165ZFB Application of sections 165ZFC to 165ZFH
165ZFC Interpretation
165ZFD Effect of requirement that applications be processed and heard together on direct referral to Environment Court under sections 87D to 87I
165ZFE Processing of affected applications
165ZFF Hearing of affected applications
165ZFG Effect of requirement that applications be processed and heard together on power of Minister to call in applications under section 142
165ZFH Effect of requirement that applications be processed and heard together on lodgement of applications with EPA
50 Subpart 2 of Part 7A repealed
51 Application
52 New section 165ZH substituted
165ZH Processing applications for existing permit holders
53 Applications for space already used for aquaculture activities
54 Additional criteria for considering applications for permits for space already used for aquaculture activities
55 New subpart 4 of Part 7A inserted
Subpart 4—Plan change requests and concurrent applications for coastal permits in relation to aquaculture activities
165ZK Application
165ZL Interpretation
165ZM Other provisions of Act apply subject to this subpart
165ZN Application for coastal permit to undertake aquaculture activities
165ZO Identifying plan change requests and concurrent applications
165ZP Incomplete concurrent application
165ZQ Additional consents
165ZR Concurrent application to be declined or treated as withdrawn if plan change request declined or withdrawn
165ZS Consideration of plan change request
165ZT Notification of accepted plan change request
165ZU Submissions on plan change request and concurrent application
165ZV Hearing of submissions
165ZW Type of activity in relation to concurrent activities
165ZX Consideration of plan change request and concurrent application
165ZY Regional council's decision on concurrent application
165ZZ Appeals
165ZZA Grant of coastal permit
56 Right of objection to consent authority against certain decisions or requirements
57 New sections 360A to 360C inserted
360A Regulations amending regional coastal plans in relation to aquaculture activities
360B Conditions to be satisfied before regulations made under section 360A
360C Regional council's obligations
58 Existing notices, bylaws, etc, to become regional coastal plans
59 Transitional coastal plan occupation charges
60 Schedule 1 amended
61 Schedule 1A repealed
Amendments to regional coastal plans
62 Amendments to proposed Tasman regional coastal plan
63 Amendments to Waikato regional coastal plan
Schedule 1Amendments to Tasman regional coastal plan
Schedule 2Amendments to Waikato regional coastal plan
Legislative history
The Parliament of New Zealand enacts as follows: