Resource Management Amendment Act (No 2) 2011

Coat of Arms of New Zealand

Resource Management Amendment Act (No 2) 2011

Public Act2011 No 70
Date of assent12 September 2011
Commencementsee section 2

Contents

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5 Section 12A repealed

6 Section 12B repealed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

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

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

23 Consideration of applications

24 Heading above section 107E repealed

25 Section 107E repealed

26 New section 107F inserted

27 Notification

28 When resource consent commences

29 New section 116A inserted

30 Duration of consent

31 New section 123A inserted

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

Regional coastal plan provisions relating to occupation of common marine and coastal area

Ministerial approval of use of method of allocating authorisations

Authorisations

Ministerial powers in relation to applications for coastal permits to undertake aquaculture activities in common marine and coastal area

Ministerial power to direct applications for coastal permits to undertake aquaculture activities in common marine and coastal area to be processed and heard together

Processing and hearing together of applications for coastal permits

50 Subpart 2 of Part 7A repealed

51 Application

52 New section 165ZH substituted

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

56 Right of objection to consent authority against certain decisions or requirements

57 New sections 360A to 360C inserted

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 1
Amendments to Tasman regional coastal plan

Schedule 2
Amendments to Waikato regional coastal plan


The Parliament of New Zealand enacts as follows:

1 Title
  • This Act is the Resource Management Amendment Act (No 2) 2011.

2 Commencement
  • (1) Section 14 comes into force 3 years after the date on which this Act receives the Royal assent.

    (2) The rest of this Act comes into force on 1 October 2011.

3 Principal Act amended
4 Interpretation
  • (1) Paragraph (a) of the definition of aquaculture activities in section 2(1) is amended by omitting means and substituting means any activity described in section 12 done for the purpose of.

    (2) The definition of aquaculture activities in section 2(1) is amended by adding ; and and also by adding the following paragraph:

    • (d) does not include an activity specified in paragraph (a) or (b) if the activity is carried out solely for the purpose of monitoring the environment.

    (3) Section 2(1) is amended by repealing the definition of aquaculture management area.

    (4) Section 2(1) is amended by inserting the following definitions in their appropriate alphabetical order:

    Minister of Aquaculture means the Minister who, under the authority of any warrant or under the authority of the Prime Minister, has overall responsibility for aquaculture

    Minister of Fisheries has the same meaning as Minister in the Fisheries Act 1996.

5 Section 12A repealed
6 Section 12B repealed
7 Functions of Minister of Conservation
  • Section 28 is amended by adding the following paragraph:

    • (f) any other functions specified in this Act.

8 New section 28B inserted
  • The following section is inserted after section 28A:

    28B Functions of Minister of Aquaculture
    • The Minister of Aquaculture has the following functions under this Act:

      • (a) suspending the receipt of applications for coastal permits authorising aquaculture activities to be undertaken in the coastal marine area under section 165ZD:

      • (b) making a direction to process and hear together applications for coastal permits authorising aquaculture activities to be undertaken in the coastal marine area under section 165ZFA:

      • (c) recommending the making of regulations under sections 360A to 360C that amend regional coastal plans in relation to aquaculture activities in the coastal marine area.

9 Functions of regional councils under this Act
  • Section 30 is amended by repealing subsections (2) and (3) and substituting the following subsections:

    • (2) A regional council and the Minister of Conservation must not perform the functions specified in subsection (1)(d)(i), (ii), and (vii) to control the taking, allocation or enhancement of fisheries resources for the purpose of managing fishing or fisheries resources controlled under the Fisheries Act 1996.

    • (3) However, a regional council and the Minister of Conservation may perform the functions specified in subsection (1)(d) to control aquaculture activities for the purpose of avoiding, remedying, or mitigating the effects of aquaculture activities on fishing and fisheries resources.

10 Consideration of alternatives, benefits, and costs
  • Section 32(1) is amended by inserting the following paragraph after paragraph (b):

    • (ba) the Minister of Aquaculture, for regulations made under section 360A; or.

11 Transfer of powers
12 Local authority policy on discounting administrative charges
  • (1) Section 36AA is amended by repealing subsection (1) and substituting the following subsection:

    • (1) A local authority must provide a discount on an administrative charge imposed under section 36 as follows:

      • (a) a local authority that has not adopted a policy under subsection (3) must provide a discount if regulations under section 360(1)(hj) require the local authority to provide a discount:

      • (b) a local authority that has adopted a policy under subsection (3) must provide a discount under whichever of the policy and regulations under section 360(1)(hj) is more generous in the circumstances of the particular case.

    (2) Section 36AA is amended by inserting the following subsection after subsection (2):

    • (2A) The Minister must ensure that regulations made under section 360(1)(hj) remain in force, but this subsection does not prevent regulations made under section 360(1)(hj) (including the regulations made in compliance with subsection (2)) from being amended or from being revoked and replaced by another set of regulations made under section 360(1)(hj).

    (3) Section 36AA(5) is repealed.

13 Power of waiver and extension of time limits
  • Section 37 is amended by inserting the following subsection after subsection (1):

    • (1A) However, a consent authority must not, under subsection (1), waive or extend a time period for the purpose of providing more time for a pre-request aquaculture agreement to be negotiated under section 186ZM of the Fisheries Act 1996.

14 Persons who may be given hearing authority
  • (1) Section 39B(1)(a) is amended by omitting that is notified.

    (2) Section 39B(1)(c) is amended by adding ; or.

    (3) Section 39B(1) is amended by adding the following paragraphs:

    • (d) a review of a resource consent; or

    • (e) an application to change or cancel a condition of a resource consent; or

    • (f) a proposed policy statement or plan that is notified under clause 5 of Schedule 1; or

    • (g) any matter under section 357C.

    (4) Section 39B is amended by repealing subsections (3) and (4) and substituting the following subsections:

    • (3) If the local authority wants to give authority to a group of persons that has a chairperson, it may do so only if—

      • (a) all persons in the group, including the chairperson, are accredited; or

      • (b) the chairperson is accredited and there are exceptional circumstances that do not provide the time or opportunity to ensure that all persons in the group are accredited.

    • (4) If the local authority wants to give authority to a group of persons that does not have a chairperson, it may do so only if—

      • (a) all the persons in the group are accredited; or

      • (b) over half of all the persons in the group are accredited and there are exceptional circumstances that do not provide the time or opportunity to ensure that all persons in the group are accredited.

15 Preparation and change of coastal plans
16 Content of regional plans
17 New section 68A inserted
  • The following section is inserted after section 68:

    68A Regional coastal plan not to authorise aquaculture activities in coastal marine area as permitted activities
    • (1) Despite section 68, after the commencement of section 17 of the Resource Management Amendment Act (No 2) 2011 no rule may be included in a regional coastal plan which authorises as a permitted activity any aquaculture activity in the coastal marine area.

      (2) If, immediately before the commencement of section 17 of the Resource Management Amendment Act (No 2) 2011, a regional coastal plan contains a rule that authorises as a permitted activity any part of an aquaculture activity in the coastal marine area—

      • (a) any person may act, or continue to act, in accordance with the rule until any alteration of the rule has legal effect; but

      • (b) a regional council must, as soon as is reasonably practicable and not later than 2 years after the commencement of section 17 of the Resource Management Amendment Act (No 2) 2011, initiate a review of the rule under section 79 and propose to alter any provisions necessary to ensure compliance with subsection (1), in the manner set out in Part 1 of Schedule 1 and this Part.

18 When rules in proposed plans and changes have legal effect
  • (1) Section 86B(3) is amended by repealing paragraph (e) and substituting the following paragraph:

    • (e) provides for or relates to aquaculture activities.

    (2) Section 86B is amended by repealing subsection (6).

19 Class of activities
  • (1) Section 87A(6) is amended by omitting a plan, or proposed plan and substituting or a plan.

    (2) Section 87A is amended by adding the following subsection:

    • (7) However, subsection (6) does not apply to a concurrent application lodged under subpart 4 of Part 7A.

20 Environment Court determines application
  • Section 87G is amended by adding the following subsection:

    • (8) However, in the case of an application for a coastal permit for aquaculture activities, for the purposes of section 107F(3)(b) or (c), the consent authority must obtain from the Environment Court any additional information, reports, or submissions not previously forwarded or sent under that section and forward or send the information, report, and submissions to the chief executive of the Ministry of Fisheries.

21 Making an application
  • Section 88 is amended by inserting the following subsection after subsection (2):

    • (2A) An application for a coastal permit to undertake an aquaculture activity must include a copy for the Ministry of Fisheries.

22 New section 88F inserted
  • The following section is inserted after section 88E:

    88F Excluded time relating to pre-request aquaculture agreements
    • (1) Subsection (2) applies when—

      • (a) an application has been made for a coastal permit to undertake aquaculture activities in the coastal marine area; and

      • (b) the applicant requests the consent authority to defer determining the application so that the applicant can negotiate a pre-request aquaculture agreement under section 186ZM of the Fisheries Act 1996; and

      • (c) it is the first request made by the applicant for that purpose.

      (2) The period that must be excluded from every applicable provision listed in section 88B(2) is the period—

      • (a) starting with the date on which the request is made; and

      • (b) ending with the earlier of the following:

        • (i) the 80th working day after the date on which the request is made:

        • (ii) the date on which the applicant notifies the consent authority that the applicant wishes the consent authority to continue determining the application that the request related to.

23 Consideration of applications
24 Heading above section 107E repealed
25 Section 107E repealed
26 New section 107F inserted
  • The following section is inserted before section 108:

    107F Applications to undertake aquaculture activities
    • (1) This section applies to an application for a coastal permit authorising aquaculture activities to be undertaken in the coastal marine area, other than an application referred to in subsection (2), including an application under subpart 4 of Part 7A.

      (2) This section does not apply to an application that relates to—

      • (a) an area—

        • (i) that is or was subject to a lease, licence, marine farming permit, or spat catching permit that was deemed under section 10, 20, or 21 of the Aquaculture Reform (Repeals and Transitional Provisions) Act 2004 to be a coastal permit granted under this Act; and

        • (ii) where, since the date on which the lease, licence, marine farming permit, or spat catching permit was deemed to be a coastal permit, aquaculture activities have been continuously authorised under that permit or another permit granted under this Act; or

      • (b) an area that is or was subject to the coastal permit referred to in section 20A of the Aquaculture Reform (Repeals and Transitional Provisions) Act 2004 and where, since the date the coastal permit was deemed to be granted, aquaculture activities have been continuously authorised under that permit or another permit granted under this Act; or

      • (c) an area in a Gazetted aquaculture area within the meaning of section 35 of the Aquaculture Reform (Repeals and Transitional Provisions) Act 2004.

      (3) The consent authority must take the following actions:

      • (a) unless the application is returned under section 88(3), forward a copy of the application as soon as is reasonably practicable to the chief executive of the Ministry of Fisheries:

      • (b) if information or a report is obtained in relation to the application under section 41C, 42A, 92, or 149, forward that information or report as soon as is reasonably practicable to the chief executive:

      • (c) if the application is notified, as soon as is reasonably practicable after the closing date for submissions, send to the chief executive a copy of the submissions received.

      (4) For the purposes of subsection (3)(c), in the case of a concurrent application made under subpart 4 of Part 7A that is lodged with the EPA, the copy of submissions required to be sent by the EPA to the chief executive is a copy of only those submissions that relate to the concurrent application and not those that relate to its plan change request.

27 Notification
  • Section 114 is amended by adding the following subsections:

    • (4) If the decision is to grant an application that section 107F applies to, the consent authority must—

      • (a) send a copy of the decision, and any notice served under subsection (2), to the chief executive of the Ministry of Fisheries:

      • (b) advise the applicant that—

        • (i) the decision is still subject to an aquaculture decision by the chief executive of the Ministry of Fisheries under the Fisheries Act 1996 (which will be made following the determination of all appeals against the decision, if any); and

        • (ii) the consent may commence only in accordance with section 116A:

      • (c) if there is no appeal relating to the decision, or following completion of any such appeal,—

        • (i) send a copy of the final decision to the chief executive of the Ministry of Fisheries; and

        • (ii) request an aquaculture decision from the chief executive under the Fisheries Act 1996.

    • (5) If a consent authority forwards, at the same time, 2 or more decisions to the chief executive of the Ministry of Fisheries under subsection (4)(c), the consent authority must indicate to the chief executive the order in which the applications to which the decisions relate were received.

    • (6) Subsection (4) does not apply if the decision relates to an application for a change or cancellation of the conditions of a consent under section 127, a review of the conditions of a consent initiated under section 132, or an application referred to in section 165ZH, if—

      • (a) that consent had conditions specified under section 186H(3) of the Fisheries Act 1996; and

      • (b) the conditions are contained in the consent the decision relates to, and continue to be specified as not being able to be changed or cancelled until the chief executive of the Ministry of Fisheries makes a further aquaculture decision.

    • (7) For the purpose of subsection (4), in the case of a concurrent application made under subpart 4 of Part 7A that is lodged with the EPA, the functions in—

      • (a) paragraphs (a) and (b) of that subsection are to be performed by the EPA; and

      • (b) paragraph (c) of that subsection are to be performed by the consent authority.

28 When resource consent commences
  • Section 116(1) is amended by inserting or section 116A, after (5),.

29 New section 116A inserted
  • The following section is inserted after section 116:

    116A When coastal permit for aquaculture activities may commence
    • (1) A coastal permit to undertake aquaculture activities in the coastal marine area cannot commence other than in accordance with this section.

      (2) If the chief executive of the Ministry of Fisheries makes a determination in relation to the permit, and has notified the consent authority of that decision in accordance with section 186H of the Fisheries Act 1996, the consent authority must, as soon as is reasonably practicable,—

      • (a) amend the permit, if necessary, to note any conditions specified under section 186H(3) of the Fisheries Act 1996 that may not be changed or cancelled until the chief executive of the Ministry of Fisheries makes a further aquaculture decision:

      • (b) notify the applicant that the permit commences in respect of the area that is the subject of the determination, on the date of notification under this paragraph, or, if the permit specifies a later commencement date, on that date.

      (3) If the chief executive makes a reservation in relation to recreational fishing or customary fishing or commercial fishing in relation to stocks or species not subject to the quota management system and has notified the consent authority of that decision, in accordance with section 186H of the Fisheries Act 1996, the consent authority must, as soon as reasonably practicable,—

      • (a) amend the permit to remove the areas affected by the reservation:

      • (b) provide the applicant with a copy of the amended permit:

      • (c) cancel the permit to the extent that it applies to the removed areas by written notice served on the applicant.

      (4) If the chief executive makes a reservation in relation to commercial fishing in relation to stocks or species subject to the quota management system and has notified the consent authority of that decision, in accordance with section 186H of the Fisheries Act 1996, the consent authority must, as soon as is reasonably practicable,—

      • (a) amend the permit to show the areas affected by the reservation:

      • (b) provide the applicant with a copy of the amended permit:

      • (c) notify the applicant that the permit will not commence in the area affected by the reservation, unless—

        • (i) an aquaculture agreement is registered in accordance with section 186ZH of the Fisheries Act 1996; or

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

      (5) If subsection (4) applies and the chief executive has notified the consent authority that an aquaculture agreement or compensation declaration has been registered for those stocks under section 186ZH or 186ZHA of the Fisheries Act 1996 (as the case may require), the consent authority must, as soon as reasonably practicable,—

      • (a) amend the permit so that it no longer shows the areas affected by the reservation:

      • (b) provide the applicant with a copy of the amended permit:

      • (c) notify the applicant that the permit (as amended) commences in respect of the area previously shown subject to the reservation on the date of notification under this paragraph, unless the permit states a later date.

      (6) If subsection (5) applies, then for the purposes of section 125(1)(b) the entire permit, as amended, is to be treated as having commenced on the commencement date notified under subsection (5)(c), unless the permit states a later date.

      (7) If subsection (4) applies and the chief executive has notified the consent authority under section 186ZK of the Fisheries Act 1996 that no aquaculture agreement or compensation declaration has been registered, the consent authority must, as soon is as reasonably practicable,—

      • (a) amend the permit to remove the areas affected by the reservation:

      • (b) provide the applicant with a copy of the amended permit:

      • (c) cancel the permit to the extent that it applies to the removed areas by written notice served on the applicant.

      (8) If the chief executive makes a reservation to which subsection (3) applies, for the entire permit area, the consent authority must cancel the permit by written notice served on the applicant.

      (9) Subsections (3) and (7) apply even if the permit was granted under section 104A.

      (10) In the case of a concurrent application made under subpart 4 of Part 7A that is lodged with and granted by the EPA, the references in this section to the consent authority are to be read as references to the consent authority that otherwise could have granted the application.

30 Duration of consent
  • Section 123 is amended by omitting section 125 and substituting section 123A or 125.

31 New section 123A inserted
  • The following section is inserted after section 123:

    123A Duration of consent for aquaculture activities
    • (1) A coastal permit authorising aquaculture activities to be undertaken in the coastal marine area must specify the period for which it is granted.

      (2) The period specified under subsection (1) must be not less than 20 years from the date of commencement of the consent under section 116A unless—

      • (a) the applicant has requested a shorter period; or

      • (b) a shorter period is required to ensure that adverse effects on the environment are adequately managed.

      (3) The period specified under subsection (1) must be not more than 35 years from the date of commencement of the consent under section 116A.

      (4) This section applies subject to section 125.

32 Exercise of resource consent while applying for new consent
  • Section 124 is amended by adding the following subsection:

    • (4) This section does not apply to an application to which section 165ZH applies.

33 Lapsing of consents
  • Section 125 is amended by repealing subsections (1) and (1A) and substituting the following subsections:

    • (1)  A resource consent lapses on the date specified in the consent or, if no date is specified,—

      • (a) 5 years after the date of commencement of the consent, if the consent does not authorise aquaculture activities to be undertaken in the coastal marine area; or

      • (b) 3 years after the date of commencement if the consent does authorise aquaculture activities to be undertaken in the coastal marine area.

    • (1A) However, a consent does not lapse under subsection (1) if, before the consent lapses,—

      • (a) the consent is given effect to; or

      • (b) an application is made to the consent authority to extend the period after which the consent lapses, and the consent authority decides to grant an extension after taking into account—

        • (i) whether substantial progress or effort has been, and continues to be, made towards giving effect to the consent; and

        • (ii) whether the applicant has obtained approval from persons who may be adversely affected by the granting of an extension; and

        • (iii) the effect of the extension on the policies and objectives of any plan or proposed plan.

    • (1B) Sections 357A and 357C to 358 apply to subsection (1A)(b).

34 Change or cancellation of consent condition on application by consent holder
  • Section 127 is amended by inserting the following subsection after subsection (3):

    • (3A) If the resource consent is a coastal permit authorising aquaculture activities to be undertaken in the coastal marine area, no aquaculture decision is required in respect of the application if the application is for a change or cancellation of a condition of the consent and does not relate to a condition that has been specified under section 186H(3) of the Fisheries Act 1996 as a condition that may not be changed or cancelled until the chief executive of the Ministry of Fisheries makes a further aquaculture decision.

35 Circumstances when consent conditions can be reviewed
  • Section 128 is amended by adding the following subsection:

    • (3) A regional council must notify the chief executive of the Ministry of Fisheries as soon as is reasonably practicable if it intends to review a condition of a coastal permit authorising an aquaculture activity to be undertaken in the coastal marine area and the condition has been specified under section 186H(1A) of the Fisheries Act 1996 as a condition that may not be changed or cancelled until the chief executive of the Ministry of Fisheries makes a further aquaculture decision.

36 Decisions on review of consent conditions
  • Section 132 is amended by inserting the following subsection after subsection (1):

    • (1A) Sections 114(4) and 116A apply with all necessary modifications if a regional council decides to do a review and as a result of the review intends to change a condition of a coastal permit and it is required by section 128(3) to give notice of the intended review to the chief executive of the Ministry of Fisheries.

37 Matter lodged with EPA
  • (1) Section 145 is amended by inserting the following subsection after subsection (1):

    • (1A) A person must not lodge with the EPA a plan change request made under subpart 4 of Part 7A unless the person also lodges with it a concurrent application under that subpart.

    (2) Section 145 is amended by inserting the following subsection after subsection (9):

    • (9A) If the matter is a concurrent application lodged with a plan change request made under subpart 4 of Part 7A, section 107F(3) applies except that the reference to the consent authority in that subsection must be read as a reference to the EPA.

38 EPA to recommend course of action to Minister
  • Section 146 is amended by adding the following subsection:

    • (5) This section applies to plan change requests and concurrent applications made under subpart 4 of Part 7A subject to the following:

      • (a) the 20 working days referred to in subsection (1) begins on the later of the following days:

        • (i) the day on which the EPA determines that, for the purposes of section 88(3), the concurrent application is complete:

        • (ii) the day on which the EPA receives all the information and reports required under section 149:

      • (b) any recommendation made by the EPA under this section must relate to both the plan change request and its concurrent application.

39 Minister makes direction after EPA recommendation
  • Section 147 is amended by adding the following subsection:

    • (7) For the purposes of a plan change request made, and a concurrent application lodged, under subpart 4 of Part 7A, a direction given under this section must relate to both.

40 EPA must give public notice of Minister's direction
  • (1) Section 149C(2)(d) is amended by adding ; or.

    (2) Section 149C(2) is amended by adding the following paragraph:

    • (e) the matter is a concurrent application made under subpart 4 of Part 7A.

41 EPA to receive further submissions if matter is request, change, or variation
  • (1) Section 149F is amended by repealing subsection (4) and substituting the following subsection:

    • (4) However, a further submission—

      • (a) may only be in support of or in opposition to a submission made on a matter under section 149E:

      • (b) may not be made on a concurrent application made under subpart 4 of Part 7A.

    (2) Section 149F is amended by adding the following subsection:

    • (8) In subsection (1), request for a change to a plan, in relation to a plan change request made under subpart 4 of Part 7A, includes the concurrent application that relates to the plan change request.

42 Limitation on withdrawal of change or variation
  • Section 149I is amended by adding the following subsection:

    • (3) If the applicant withdraws a request for a change to the plan that is a plan change request made under subpart 4 of Part 7A, the concurrent application that relates to the plan change request is to be treated as having been withdrawn.

43 Process if matter is request for regional plan or change and particular circumstances apply
  • Section 149M is amended by inserting the following subsection after subsection (4):

    • (4A) For the purposes of subsection (4)(c), in the case of a plan change request made under subpart 4 of Part 7A, the concurrent application—

      • (a) must be included in the public notice and invitation to make submissions; but

      • (b) must not be included in the invitation to make further submissions.

44 Board to produce final report
  • Section 149R is amended by adding the following subsection:

    • (7) The EPA's functions under this section are in addition to the EPA's functions under section 114(7)(a).

45 Process if section 149M applies or proposed plan or change not yet prepared
  • (1) Section 149N(4) is amended by omitting subsection (9) and substituting subsection (8)(b).

    (2) Section 149N is amended by repealing subsections (8) and (9) and substituting the following subsection:

    • (8) However, a rule has legal effect on and from the date on which the EPA gives public notice of—

      • (a) the proposed plan or change under section 149O if the rule—

        • (i) protects or relates to water, air, or soil (for soil conservation); or

        • (ii) protects areas of significant indigenous vegetation; or

        • (iii) protects areas of significant habitats of indigenous fauna; or

        • (iv) protects historic heritage:

      • (b) the proposed plan under section 149O if the rule provides for or relates to aquaculture activities.

46 Public notice and submissions where EPA receives proposed plan or change from local authority under section 149N
  • Section 149O is amended by repealing subsection (3) and substituting the following subsection:

    • (3) Any person may make a submission on—

      • (a) a proposed plan or change for which public notice is given under subsection (2), and, for that purpose, section 149E(3), (4), and (8) apply:

      • (b) a concurrent application for which public notice is given under subsection (2), and, for that purpose, section 149E(5) applies.

47 Consideration of matter by board
  • (1) Section 149P(1)(c) is amended by omitting or (7), and substituting (7), (8), or (9).

    (2) Section 149P is amended by adding the following subsections:

    • (8) A board of inquiry considering a plan change request and its concurrent application made under subpart 4 of Part 7A must—

      • (a) firstly, determine matters in relation to the plan change request; and

      • (b) secondly, determine matters in relation to the concurrent application, based on its determination of matters in relation to the plan change request.

    • (9) For the purposes of subsection (8)(b), a board of inquiry must process, consider, and determine the concurrent application as if it were a regional council acting under section 165ZW and that section applies accordingly with all necessary modifications.

    • (10) A board of inquiry must decline a concurrent application if, as a result of the board's determination on the plan change request, the aquaculture activity that the concurrent application relates to remains a prohibited activity.

48 Heading to Part 7A amended
  • The heading to Part 7A is amended by omitting coastal marine area and substituting common marine and coastal area.

49 New subpart 1 of Part 7A substituted
  • Part 7A is amended by repealing subpart 1 and substituting the following sections and subpart:

    165A Overview
    • (1) This section provides a general indication of the contents of this subpart and does not affect the interpretation or application of this subpart.

      (2) Subpart 1 contains provisions about managing occupation of the common marine and coastal area, in particular,—

      • (a) a power to refuse to receive an application for a coastal permit to occupy the common marine and coastal area if made within 1 year after refusing a similar application:

      • (b) provisions about the contents of a regional coastal plan:

      • (c) requirements for a regional council (before including a rule in a regional coastal plan or proposed regional coastal plan about the allocation of space in the common marine and coastal area) to have regard to, and be satisfied about, certain matters:

      • (d) a power by Order in Council to direct a regional council not to proceed with the allocation of authorisations or to proceed as specified in the order:

      • (e) a power of the Minister of Conservation to approve a method of allocating authorisations:

      • (f) general provisions about authorisations:

      • (g) a power of the Minister of Aquaculture, on request from a regional council, to suspend receipt of applications for coastal permits to occupy space in the common marine and coastal area for aquaculture activities or to direct a regional council to process and hear applications together.

      (3) Subpart 2 has been repealed.

      (4) Subpart 3 relates to applications (made on or after 23 August 2004) for coastal permits to occupy space for aquaculture activities where the relevant space is already subject to a coastal permit or deemed coastal permit and the relevant plan does not provide for a method of allocating authorisations for occupation of the space for aquaculture activities. The provisions of this subpart provide priority for the processing of applications from existing permit holders ahead of other applications.

      (5) Subpart 4 provides for plan change requests and concurrent coastal permit applications in relation to a rule in a regional coastal plan that,—

      • (a) as at 1 October 2011, specifies an aquaculture activity as a prohibited activity; and

      • (b) is operative when a concurrent application is lodged.

    165B Relationship of Part with rest of Act
    • The provisions of this Act that relate to applications for, and the granting of, resource consents apply to applications for, and the granting of, coastal permits to occupy space in the common marine and coastal area subject to the provisions of this Part.

    Subpart 1Managing occupation in common marine and coastal area

    165C Interpretation
    • In this subpart, unless the context otherwise requires,—

      authorisation means the right to apply for a coastal permit to occupy space in a common marine and coastal area

      Minister means the Minister of Conservation

      public notice has the same meaning as in section 151

      tender means any form of tender (whether public or otherwise)

      trustee has the same meaning as in section 4 of the Maori Commercial Aquaculture Claims Settlement Act 2004.

      Compare: 1991 No 69 s 165A

    165D Power of consent authorities to refuse to receive applications for coastal permits
    • For the purposes of this subpart, a consent authority may refuse to receive an application for a coastal permit to occupy space in the common marine and coastal area for the purpose of an activity if, within 1 year before the application is made, the consent authority has refused to grant an application for a permit for an activity of the same or a similar type in respect of the same space or in respect of space in close proximity to the space concerned.

      Compare: 1991 No 69 s 165B

    165E Applications in relation to aquaculture settlement areas
    • (1) No person may apply for a coastal permit authorising occupation of space in an aquaculture settlement area (within the meaning of the Maori Commercial Aquaculture Claims Settlement Act 2004), for the purpose of aquaculture activities, unless the person is a holder of an authorisation that—

      • (a) relates to that space and activity; and

      • (b) was provided to the trustee under section 13 of that Act.

      (2) A consent authority may grant a coastal permit authorising any other activity in an aquaculture settlement area, but only—

      • (a) to the extent that that activity is compatible with aquaculture activities; and

      • (b) after consultation with the trustee and iwi in the region.

      (3) Subsection (1) does not affect any application received by a consent authority—

      • (a) after 1 January 2005; but

      • (b) before the space became an aquaculture settlement area.

      (4) In subsection (2)(b), iwi has the same meaning as in the Maori Fisheries Act 2004.

    Regional coastal plan provisions relating to occupation of common marine and coastal area

    165F Provisions about occupation of common marine and coastal area
    • (1) A regional coastal plan or proposed regional coastal plan may include provisions to address the effects of occupation of a common marine and coastal area and to manage competition for the occupation of space, including rules specifying—

      • (a) that no application can be made for a coastal permit to occupy space before a date to be specified in a public notice:

      • (b) that the consent authority may process and hear together applications for coastal permits for the occupation of—

        • (i) the same space in a common marine and coastal area; or

        • (ii) different spaces in a common marine and coastal area that are in close proximity to each other:

      • (c) that the consent authority may process and hear together with the applications referred to in paragraph (b) any applications for coastal permits related to the coastal permits referred to in paragraph (b):

      • (d) limits on—

        • (i) the character, intensity, or scale of activities associated with the occupation of space:

        • (ii) the size of space that may be the subject of a coastal permit and the proportion of any space that may be occupied for the purpose of specified activities.

      (2) However, a rule made for the purposes of subsection (1)(a) does not apply to an application made for a coastal permit under an authorisation.

      (3) For the purposes of subsection (1), a provision in a regional coastal plan or proposed regional coastal plan may relate to an activity, 1 or more classes of activities, or all activities.

      Compare: 1991 No 69 s 165D

    165G Plan may specify allocation methods
    • A regional coastal plan or proposed regional coastal plan may provide for a rule in relation to a method of allocating space in the common marine and coastal area for the purposes of an activity, including a rule in relation to the public tender of authorisations or any other method of allocating authorisations.

      Compare: 1991 No 69 s 165H

    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
    • (1) Before including a rule in a regional coastal plan or proposed regional coastal plan in relation to the allocation of space in a common marine and coastal area for the purposes of an activity, a regional council must—

      • (a) have regard to—

        • (i) the reasons for and against including the proposed rule; and

        • (ii) if the proposed rule provides for a method of allocation of space other than by a method of allocating authorisations,—

          • (A) the reasons why allocation other than by a method of allocating authorisations is justified; and

          • (B) how this may affect the preferential rights provided for in section 165W; and

        • (iii) if the proposed rule provides for a method of allocating authorisations other than by public tender,—

          • (A) the reasons why allocation other than by public tender is justified; and

          • (B) how this may affect the preferential rights provided for in section 165W; and

      • (b) be satisfied that—

        • (i) a rule in relation to the allocation of space is necessary or desirable in the circumstances of the region; and

        • (ii) if the proposed method of allocating space is not allocation of authorisations, or the proposed allocation of authorisations is not by public tender, the proposed method is the most appropriate for allocation of space in the circumstances of the region, having regard to its efficiency and effectiveness compared to other methods of allocating space.

      (2) Section 32(1) to (3) do not apply to the inclusion of a rule in accordance with subsection (1).

      (3) Subsection (1) applies subject to an Order in Council made under section 165K.

      (4) A challenge to a rule on the ground that this section has not been complied with may be made only in a submission under Schedule 1.

      (5) Subsection (4) does not preclude a person who is hearing a submission or an appeal on a proposed regional coastal plan from taking into account the matters stated in subsection (1).

      Compare: 1991 No 69 s 165I

    165I Offer of authorisations for activities in common marine and coastal area in accordance with plan
    • (1) If a regional coastal plan includes a rule that provides for public tendering or another method of allocating authorisations, the regional council must, by public notice and in accordance with the rule, offer authorisations for coastal permits for the occupation of space in the common marine and coastal area.

      (2) Subsection (1) applies subject to—

      • (a) subsection (3); and

      • (b) any Order in Council made under section 165K.

      (3) A regional council must give the Minister not less than 4 months' notice before making an offer of authorisations under subsection (1).

      Compare: 1991 No 69 s 165F

    165J When applications not to be made unless applicant holds authorisation in accordance with plan
    • (1) Subsection (2) applies to space in the common marine and coastal area if a regional coastal plan or a rule in a proposed regional coastal plan that has legal effect provides for public tendering or another method of allocating authorisations in relation to an activity in the space.

      (2) A person must not apply for a coastal permit authorising occupation of the space for the activity unless the person is the holder of—

      • (a) an authorisation that relates to the space and activity; or

      • (b) a coastal permit granted under an authorisation that related to the occupation of that space and the application is for an activity that was within the scope of the authorisation.

      (3) Subsection (2) does not affect any applications received by the regional council before the regional coastal plan became operative or the rule in a proposed regional coastal plan had legal effect.

      (4) Subsection (2) does not affect any application referred to in section 165ZH that is received by the regional council—

      • (a) after a rule in a proposed regional coastal plan has legal effect; but

      • (b) before the rule becomes operative.

      Compare: 1991 No 69 s 165K

    165K Power to give directions relating to allocation of authorisations for space provided for in plan
    • (1) The Governor-General may, by Order in Council made on the recommendation of the Minister, direct a regional council whose regional coastal plan or any proposed regional coastal plan provides for a rule in relation to a method of allocating authorisations for space in a common marine and coastal area—

      • (a) not to proceed with a proposed allocation of authorisations for space in a common marine and coastal area; or

      • (b) in proceeding with a proposed allocation of authorisations for space in a common marine and coastal area, to give effect to the matters specified in the Order in Council.

      (2) The Minister may make a recommendation under subsection (1) only for 1 or more of the following purposes:

      • (a) to give effect to Government policy in the common marine and coastal area:

      • (b) to preserve the ability of the Crown to give effect to any of its obligations under any agreement in principle or deed of settlement between the Crown and any group of Māori claimants or representative of any group of Māori claimants in relation to a claim arising from, or relating to, any act or omission by or on behalf of the Crown or by or under any enactment before 21 September 1992:

      • (c) to facilitate compliance with section 165W:

      • (d) to assist the Crown to comply with its obligations under the Maori Commercial Aquaculture Claims Settlement Act 2004.

      (3) The matters referred to in subsection (1)(b) include—

      • (a) the allocation method to be used:

      • (b) subject to sections 123 and 123A, the maximum term of a coastal permit to which the authorisations available for allocation relate:

      • (c) the allocation, at no cost, of authorisations relating to specific spaces within a common marine and coastal area to the Crown:

      • (d) the allocation, at no cost, of authorisations relating to specific spaces in a common marine and coastal area, or a certain proportion of the authorisations proposed to be allocated, to the trustee that is representative of the entire space for which authorisations are to be offered under the proposed allocation.

      (4) If an Order in Council contains a direction under subsection (3)(a), the order must be made before—

      • (a) the relevant proposed plan is notified under clause 5 or 26 of Schedule 1; or

      • (b) the Minister approves the relevant regional coastal plan under clause 19 of Schedule 1.

      (5) If an Order in Council contains a direction under subsection (3)(b), (c), or (d), the order must be made before the regional council publicly notifies the offer under section 165I.

      (6) Subject to subsection (4), the Minister may make a recommendation under subsection (1) only if the Minister makes the recommendation within 3 months after receiving a notice under section 165I(3).

      (7) An Order in Council does not affect the following if made before the Order in Council comes into force:

      • (a) a publicly notified offer of authorisations:

      • (b) an application for a coastal permit.

      (8) An authorisation allocated in accordance with subsection (3)(d) is a settlement asset for the purposes of the Maori Commercial Aquaculture Claims Settlement Act 2004.

      Compare: 1991 No 69 s 165O

    Ministerial approval of use of method of allocating authorisations

    165L Regional council may request use of allocation method
    • (1) This section applies if—

      • (a) in a regional council’s opinion it is desirable due to actual or anticipated high demand or competing demands for coastal permits for occupation of space in the common marine and coastal area for the purpose of 1 or more activities, that a method be used to allocate authorisations for the space; and

      • (b) either—

        • (i) a regional coastal plan does not provide for a rule in relation to a method of allocating authorisations for the space for the purpose of the activities; or

        • (ii) a regional coastal plan does provide for a rule referred to in subparagraph (i), but the regional council considers that it will not enable it to manage effectively the high demand or the competing demands for coastal permits for the occupation of space for the purpose of the activities.

      (2) The regional council may request the Minister to approve allocation by public tender of authorisations or another method of allocating authorisations for the space in the common marine and coastal area.

      (3) A request under subsection (2) must—

      • (a) specify,—

        • (i) if it does not relate to a public tender, the proposed method for allocation of authorisations; and

        • (ii) the activities it is proposed the public tender or other allocation method will apply to; and

        • (iii) the space in the common marine and coastal area it is proposed the public tender or other allocation method will apply to; and

        • (iv) how and when the public tender or other method for allocating authorisations is proposed to be implemented in the space, including any staging of the allocation; and

        • (v) the reasons for the council’s opinion that it is desirable that an allocation method be used in relation to the space; and

      • (b) if the proposed allocation method is not public tender, give reasons why the council proposes to use the alternative allocation method; and

      • (c) be accompanied by information about the actual or anticipated high demand or competing demands for coastal permits for occupation of the space for the purposes of the activity or activities covered by the request.

      (4) A request under subsection (2) may relate to a single use of the proposed allocation method or its use on more than 1 occasion.

      (5) On the day a request is made under subsection (2), or as soon as practicable afterwards, a regional council must—

      • (a) give public notice of the request; and

      • (b) give notice of the request to the Environmental Protection Authority.

      (6) A public notice under subsection (5) must include—

      • (a) the matters in subsection (3)(a)(i) to (iii); and

      • (b) a statement to the effect of section 165M(2) and (3).

    165M Stay on applications following request under section 165L
    • (1) Subsection (2) applies if a regional council has made a request under section 165L(2).

      (2) A person must not apply for a coastal permit to occupy any space that is the subject of the request for the purpose of an activity in the request during the period commencing on the day on which public notice of the request is given under section 165L(5)(a), and ending on the earlier of—

      • (a) the day on which the regional council publicly notifies under section 165N(8) that the request has been declined; or

      • (b) the day on which the approval of an allocation method is notified in the Gazette under section 165N(1)(c)(i).

      (3) If the request is approved, section 165Q applies to applications from the date the approval applies.

      (4) Neither this section nor section 165Q affects any application received by the regional council before the request was made under section 165L(2) or any application referred to in section 165ZH.

    165N Minister may approve use of allocation method
    • (1) If the Minister receives a request under section 165L(2), the Minister—

      • (a) must consult with relevant Ministers, including the Minister of Aquaculture (if the request relates to aquaculture activities); and

      • (b) may—

        • (i) consult any other person whom the Minister considers it appropriate to consult; and

        • (ii) request any further information from the regional council that made the request; and

      • (c) must, within 25 working days after the date of receipt of the request,—

        • (i) by notice in the Gazette, approve the request—

          • (A) on the terms specified by the regional council in the request; or

          • (B) on terms that in the Minister’s opinion will better manage the actual or anticipated high demand or competing demands in the space; or

        • (ii) decline the request.

      (2) A failure to comply with the time limit in subsection (1)(c) does not prevent the Minister from making a decision on the request.

      (3) Any period of consultation under subsection (1)(b)(i) is excluded from the period specified in subsection (1)(c).

      (4) The Minister must not approve the request unless he or she considers that—

      • (a) there is actual or anticipated high demand or competing demands for coastal permits for occupation of the space for the purpose of the activity or activities that the request applies to; and

      • (b) the method and terms of allocation specified in the request, or any modified terms determined by the Minister will—

        • (i) effectively manage the actual or anticipated high demand or competing demands identified under paragraph (a); and

        • (ii) be implemented within a time frame that is, in the Minister’s opinion, reasonable.

      (5) In considering whether to approve a request, the Minister must have regard to—

      • (a) government policy in relation to the common marine and coastal area:

      • (b) the ability of the Crown to give effect to any of its obligations under any agreement in principle or deed of settlement between the Crown and any group of Māori claimants or representative of any group of Māori claimants in relation to a claim arising from, or relating to, any act or omission by or on behalf of the Crown or by or under any enactment before 21 September 1992:

      • (c) the need to facilitate compliance with section 165W:

      • (d) the ability of the Crown to give effect to its obligations under the Maori Commercial Aquaculture Claims Settlement Act 2004.

      (6) As soon as practicable after deciding whether to approve a request, the Minister must notify the Environmental Protection Authority of his or her decision.

      (7) A Gazette notice under subsection (1)(c)(i)—

      • (a) must specify,—

        • (i) if the approval does not relate to a public tender, the other allocation method that is approved; and

        • (ii) the space and activities that the public tender or other allocation method will apply to; and

        • (iii) how and within what period the public tender or other allocation method must be implemented, including any staging of the allocation; and

      • (b) may also specify 1 or more of the following:

        • (i) whether the approval is for a single public tender, or a single use of the allocation method or is to be used on more than 1 occasion; and

        • (ii) an expiry date for the approval; and

        • (iii) a date by which authorisations allocated in accordance with the public tender or other allocation method will lapse, being a date that is not more than 2 years after the date on which an authorisation is granted; and

        • (iv) any restrictions on transferring authorisations allocated under the public tender or other allocation method; and

        • (v) that applications received in respect of authorisations allocated under the public tender or other allocation method (together with any other applications for coastal permits related to the activities to which the authorisation relates) must be processed and heard together; and

        • (vi) subject to sections 123 and 123A, the maximum term of a coastal permit to which the authorisations available for allocation relate; and

        • (vii) that authorisations relating to specific spaces within a common marine and coastal area must be allocated to the Crown at no cost; and

        • (viii) that authorisations relating to specific spaces, or a certain proportion of the authorisations that are representative of the entire space for which authorisations are to be offered in accordance with the public tender or other allocation method, must be allocated to the trustee at no cost.

      (8) If the Minister declines a request made under section 165L(2),—

      • (a) the Minister must notify the regional council of the decision to decline the request; and

      • (b) the regional council must as soon as practicable after receiving notice under paragraph (a) publicly notify that—

        • (i) the request was declined; and

        • (ii) applications may be made for coastal permits to occupy any space for any activity that was the subject of the request.

      (9) A provision in a regional coastal plan that relates to the allocation of space to which a Gazette notice under this section relates does not apply during the period of the approval to the extent that it is inconsistent with the terms of the Gazette notice.

      (10) An authorisation allocated in accordance with subsection (7)(b)(viii) is a settlement asset for the purposes of the Maori Commercial Aquaculture Claims Settlement Act 2004.

    165O Period of approval
    • (1) An approval to use a public tender or other method to allocate authorisations applies on and from the date on which the relevant Gazette notice is published until the earliest of the following dates:

      • (a) the date on which it is expressed in the relevant Gazette notice to expire or any date substituted under subsection (3); or

      • (b) the date it lapses under section 165P(2); or

      • (c) the date it is revoked by a further notice in the Gazette under subsection (2).

      (2) The Minister may, by notice in the Gazette, revoke an approval to use a public tender or other allocation method to allocate authorisations if the Minister—

      • (a) is requested to do so by the regional council; and

      • (b) considers that—

        • (i) there are no longer actual or likely high demand or competing demands for coastal permits to occupy the space for the relevant activity or activities; or

        • (ii) the regional council has in place other methods that will satisfactorily manage actual or likely high demand or competing demands for coastal permits to occupy the space for the relevant activity or activities.

      (3) The Minister may, by notice in the Gazette, substitute another date in the relevant Gazette notice for the date on which the relevant Gazette notice is to expire if—

      • (a) the Minister receives a request from the regional council to do so; and

      • (b) the Minister considers that—

        • (i) there remains actual or likely high demand or competing demands for coastal permits to occupy the space for the relevant activity or activities; and

        • (ii) the regional council does not have in place other methods that will satisfactorily manage the high demand or competing demands.

    165P Offer of authorisations where approved by Minister
    • (1) If the Minister approves the use of a public tender or other method for allocating authorisations under section 165N(1)(c), the regional council must by public notice offer authorisations for coastal permits for the occupation of space in the common marine and coastal area in accordance with the terms of that approval.

      (2) A Gazette notice under section 165N(1)(c) lapses if the regional council does not carry out the public tender or implement the other approved allocation method within the period specified in the notice (or any extension of time specified by the Minister in a further notice under subsection (3)).

      (3) The Minister may by notice in the Gazette approve an extension of time for carrying out a public tender or implementing the other approved allocation method, but only if the Minister is satisfied that—

      • (a) the regional council has taken all reasonable steps to carry out the public tender or implement the other approved allocation method; and

      • (b) the regional council requires further time to carry out the public tender or implement the other approved allocation method.

    165Q When applications not to be made or granted unless applicant holds authorisation in accordance with Gazette notice
    • (1) Subsection (2) applies to space in the common marine and coastal area if the Minister has approved public tendering or another method for allocating authorisations in relation to any activity in that space by a Gazette notice under section 165N(1)(c)(i).

      (2) During the period that the approval to use public tendering or another allocation method applies, no person may apply for a coastal permit authorising occupation of the space for an activity covered by the approval unless the person is the holder of an authorisation that relates to that space and activity.

    Authorisations

    165R Authorisation not to confer right to coastal permit
    • (1) The granting of an authorisation does not confer any right to the grant of a coastal permit in respect of the space that the authorisation relates to.

      (2) However, if a coastal permit is granted to the holder of an authorisation, the permit must be within the terms of the authorisation, including not being granted for a period greater than the period specified in the authorisation.

      Compare: 1991 No 69 s 165L

    165S Authorisation transferable
    • (1) An authorisation or any part of it may be transferred by its holder to any other person, but the transfer does not take effect until written notice of it has been received by the regional council concerned.

      (2) This section applies subject to any restrictions on the transfer of authorisations specified in—

      • (a) the Gazette notice under section 165N under which the authorisations were allocated; and

      • (b) the relevant regional coastal plan under which the authorisations were allocated.

      Compare: 1991 No 69 s 165M

    165T Authorisation lapses in certain circumstances
    • (1) An authorisation lapses at the close of 2 years after the day on which it is granted (or any earlier day that may be specified in the authorisation) unless subsection (3) applies.

      (2) Subsection (3) applies,—

      • (a) for an authorisation for which no earlier date is specified, if,—

        • (i) before the second anniversary of the date on which an authorisation is granted, its holder has applied for a coastal permit to occupy space in respect of the activity that the authorisation relates to; and

        • (ii) on the second anniversary date,—

          • (A) no decision has been made by the consent authority whether to grant or decline the application; or

          • (B) the consent authority has made a decision, but the time for lodging appeals to the Environment Court has not expired, or an appeal has been lodged but no decision has been made by the court on the appeal; or

      • (b) for an authorisation specified to lapse on a date earlier than 2 years after the day on which it is granted, if,—

        • (i) before the date specified in the authorisation, its holder has applied for a coastal permit to occupy space in respect of the activity that the authorisation relates to; and

        • (ii) on the date specified in the authorisation,—

          • (A) no decision has been made by the consent authority whether to grant or decline the application; or

          • (B) the consent authority has made a decision, but the time for lodging appeals to the Environment Court has not expired, or an appeal has been lodged but no decision has been made by the court on the appeal.

      (3) The authorisation does not lapse until—

      • (a) the time for lodging an appeal in respect of the decision has expired and no appeal has been lodged; or

      • (b) an appeal has been lodged and the court has given its decision on the appeal.

      Compare: 1991 No 69 s 165N

    165U Public notice of offer of authorisations by regional council
    • (1) A notice given under section 165I or 165P(1) must—

      • (a) specify the activities that the authorisation will apply to after it is issued; and

      • (b) describe the space in the common marine and coastal area that offers for authorisations are invited for, including the size and location of the space; and

      • (c) subject to sections 123 and 123A, specify the maximum term of the coastal permit; and

      • (d) specify the closing date for offers; and

      • (e) specify the criteria that the regional council will apply in selecting successful offers for authorisations; and

      • (f) include details of any direction given under section 165K in relation to the offer of authorisations by the regional council; and

      • (g) specify the manner in which offers for authorisations must be submitted; and

      • (h) specify any charge payable under section 36(1)(ca); and

      • (i) specify any other matter that the regional council considers appropriate in the circumstances.

      (2) A notice may specify conditions on which the authorisation will be granted, including—

      • (a) a date earlier than 2 years from the date of its granting on which the authorisation will lapse; and

      • (b) restrictions on the transfer of authorisations.

      (3) If an offer of authorisations is to be by tender, the notice must also—

      • (a) specify the form of remuneration required, whether all by advance payment, or by deposit and annual rental payments; and

      • (b) specify whether or not there is a reserve price.

      (4) This section applies subject to an Order in Council made under section 165K.

      Compare: 1991 No 69 s 165P

    165V Requirements for offers for authorisations
    • (1) An offer for an authorisation must specify—

      • (a) the activity or range of activities in respect of which the authorisation is sought; and

      • (b) the site it applies to.

      (2) In the case of a tender for authorisations, the tender must also specify—

      • (a) the total remuneration offered (including any annual rental component); and

      • (b) the form of payment of the remuneration.

      (3) A tender must be accompanied by—

      • (a) a cash deposit (being payment in advance of part of the remuneration) or equivalent security to the satisfaction of the regional council; and

      • (b) any additional information specified in the notice calling for tenders.

      (4) An offer or a tender must be accompanied by any charge payable under section 36(1)(ca).

      (5) If a tender is accepted under section 165X, the amount of any annual rental component of the remuneration payable under subsection (2) must be reduced by the amount of any coastal occupation charges payable under section 64A for the occupation of the area concerned.

      Compare: 1991 No 69 s 165Q

    165W Preferential rights of iwi
    • (1) In conducting a tender of authorisations under this Part, a regional council must give effect to any preferential right to purchase a proportion of the authorisations.

      (2) Subsection (1) applies to preferential rights conferred by—

      • (a) section 316 of the Ngāi Tahu Claims Settlement Act 1998:

      • (b) section 119 of the Ngati Ruanui Claims Settlement Act 2003:

      • (c) section 79 of the Ngati Tama Claims Settlement Act 2003:

      • (d) section 106 of the Ngaa Rauru Kiitahi Claims Settlement Act 2005:

      • (e) section 118 of the Ngāti Awa Claims Settlement Act 2005:

      • (f) section 92 of the Ngāti Mutunga Claims Settlement Act 2006.

      (3) For the purposes of subsection (1), provisions in the Acts referred to in subsection (2) relating to a preferential right that contain references to the Minister of Conservation or Part 7 of this Act apply as if the references were to the regional council and relevant provisions of this Part.

      Compare: 1991 No 69 s 165R

    165X Acceptance of offer for authorisations
    • (1) After considering the offers for authorisations in accordance with the criteria specified under section 165U, the regional council may—

      • (a) accept any offer; or

      • (b) reject all offers; or

      • (c) reject all offers and call for new offers; or

      • (d) negotiate with any person who made an offer with a view to reaching an agreement.

      (2) If the offer of authorisations is a tender, the regional council may accept any tender or negotiate with any tenderer, whether or not the tender was the highest received.

      (3) As soon as practicable after deciding to accept an offer for an authorisation or to reject all offers or after reaching an agreement, the regional council must give written notice of the decision and the reasons for it to every person who made an offer.

      (4) If an offer is accepted or an agreement is reached, the notice under subsection (3) must include details of the name of the person who made the offer and the nature of the activity that the offer or agreement relates to.

      Compare: 1991 No 69 s 165S

    165Y Grant of authorisation
    • If the regional council accepts an offer or reaches an agreement with a person who made an offer under section 165X, the regional council must grant an authorisation to the person concerned.

      Compare: 1991 No 69 s 165T

    165Z Tender money
    • (1) If the holder of an authorisation obtains a coastal permit authorising the holder to undertake an activity in respect of which the authorisation was granted, the regional council must forward to the Minister 50% of the remuneration received under the tender.

      (2) The Minister must cause the money to be paid into a Crown Bank Account in accordance with the Public Finance Act 1989.

      (3) If an authorisation granted to a successful tenderer has lapsed under section 165T, the regional council must, as soon as possible, refund the remuneration to the tenderer.

      (4) If a tenderer who has failed to obtain an authorisation forwarded a payment to the regional council under section 165V(3), the regional council must, as soon as possible, refund the payment to the tenderer.

      Compare: 1991 No 69 s 165U

    165ZA Use of tender money
    • The regional council must apply its share of the remuneration to achieving the purpose of this Act in the coastal marine area in its region.

      Compare: 1991 No 69 s 165V

    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
    • (1) This section applies if—

      • (a) a regional council has identified actual or anticipated high demand or competing demands for coastal permits for occupation of space in a common marine and coastal area for the purpose of aquaculture activities; and

      • (b) in the regional council's opinion—

        • (i) the provisions of a regional coastal plan will not enable it to manage effectively the identified demands; and

        • (ii) it is desirable that applications for coastal permits for occupation of space in a common marine and coastal area for the purpose of aquaculture activities be suspended to enable the regional council to amend its regional coastal plan or to use other measures available under this subpart to deal with the identified demands.

      (2) The regional council may request the Minister of Aquaculture to suspend the receipt of applications for coastal permits to occupy the space for the purpose of aquaculture activities.

      (3) A request under subsection (2) must—

      • (a) specify—

        • (i) the space in the common marine and coastal area it is proposed the suspension will apply to; and

        • (ii) the aquaculture activities that it is proposed the suspension will apply to; and

        • (iii) the planning or other measure that the council proposes to implement to deal with the identified demand; and

        • (iv) the proposed duration of the suspension, which must be not more than 12 months; and

      • (b) be accompanied by information about the actual or anticipated high demand or competing demands for coastal permits for occupation of the space for the purposes of the aquaculture activities covered by the request.

      (4) A regional council must—

      • (a) give public notice of a request under subsection (2) on the day the request is made or as soon as practicable after the request is made; and

      • (b) give notice of the request to the Environmental Protection Authority.

      (5) A public notice under subsection (4) must include—

      • (a) the matters specified in subsection (3)(a); and

      • (b) a statement to the effect of section 165ZC(2) and (3).

      (6) To avoid doubt, this section may apply in relation to an aquaculture activity, 1 or more classes of aquaculture activities, or all aquaculture activities.

    165ZC Effect on applications of request under section 165ZB
    • (1) Subsection (2) applies if a regional council has made a request under section 165ZB(2).

      (2) A person must not apply for a coastal permit to occupy any space that is the subject of the request for the purpose of an aquaculture activity in the request during the period commencing on the day on which public notice of the request is given under section 165ZB(4)(a), and ending on,—

      • (a) if the request is declined, the day on which the regional council publicly notifies under section 165ZD(6) that the request has been declined; or

      • (b) if the request is granted, the date on which the Gazette notice issued by the Minister of Aquaculture under section 165ZD in response to the request expires.

      (3) Neither this section nor section 165ZD affects—

      • (a) any application received by the regional council before the request was made under section 165ZB(2):

      • (b) any application to which section 165ZH applies:

      • (c) any application made in accordance with an authorisation.

    165ZD Minister of Aquaculture may suspend applications to occupy the common marine and coastal area for the purposes of aquaculture activities
    • (1) If the Minister of Aquaculture receives a request under section 165ZB(2), the Minister—

      • (a) must consult the Minister of Conservation; and

      • (b) may—

        • (i) consult any other person whom the Minister considers it appropriate to consult; and

        • (ii) request any further information from the regional council that made the request; and

      • (c) must, within 25 working days after receiving the request,—

        • (i) approve the request by notice in the Gazette

          • (A) on the terms specified by the regional council in the request; or

          • (B) on terms that in the Minister’s opinion will better manage the actual or anticipated high demand or competing demands in the space; or

        • (ii) decline the request.

      (2) A failure to comply with the time limit in subsection (1)(c) does not prevent the Minister from making a decision on the request.

      (3) Any period of consultation under subsection (1)(b)(i) is excluded from the period specified in subsection (1)(c).

      (4) The Minister must not approve the request unless he or she considers that—

      • (a) there is actual or likely high demand or competing demands for coastal permits for occupation of the space for the purpose of the aquaculture activities that the request applies to; and

      • (b) the planning or other measure that the council proposes to implement, or any modified terms determined by the Minister will—

        • (i) effectively manage the high demand or competing demands identified under paragraph (a); and

        • (ii) be implemented within a time frame that is, in the Minister’s opinion, reasonable.

      (5) A Gazette notice under subsection (1)(c)(i) must specify—

      • (a) the space and aquaculture activities that the suspension on applications will apply to; and

      • (b) the date the notice expires, which must not be more than 12 months after the date of the Gazette notice.

      (6) If the Minister declines a request made under section 165ZB(2),—

      • (a) the Minister must notify the regional council of the decision to decline the request; and

      • (b) the regional council must, as soon as practicable after receiving notice under paragraph (a), publicly notify that—

        • (i) the request was declined; and

        • (ii) applications may be made for coastal permits to occupy any space for any aquaculture activity that was the subject of the request.

      (7) The Minister must notify the Minister of Conservation and the Environmental Protection Authority of a decision to issue a Gazette notice, or to decline a request for a suspension on receipt of applications.

    165ZE Subsequent requests for direction in relation to suspension of receipt of applications
    • (1) The Minister of Aquaculture may issue a further Gazette notice under section 165ZD before the expiry of a notice issued under that section if—

      • (a) a request for a further suspension on the receipt of applications is made by a regional council under section 165ZB; and

      • (b) the Minister considers that—

        • (i) there remains actual or likely high demand or competing demands for coastal permits to occupy the space for the relevant activity or activities; and

        • (ii) the regional council does not have in place planning or other measures that will satisfactorily manage the high demand or competing demands; and

        • (iii) the Minister is satisfied that more time is needed to put in place plan provisions to deal with the demand.

      (2) Sections 165ZB to 165ZD apply with any necessary modifications to a request for a further 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
    • (1) This section applies if, in a regional council’s opinion,—

      • (a) processing and hearing together applications for coastal permits to occupy space in a common marine and coastal area for the purpose of aquaculture activities would be more efficient and would enable better assessment and management of cumulative effects of the permits; and

      • (b) a regional coastal plan or proposed regional council plan does not provide adequately for efficient processing and assessment and management of the cumulative effects of permits to occupy the common marine and coastal area for the purpose of the aquaculture activities.

      (2) The regional council may request the Minister of Aquaculture to direct the regional council to process and hear together applications for coastal permits to occupy the space for the purpose of aquaculture activities.

      (3) A request under subsection (2) must—

      • (a) specify—

        • (i) the space in the common marine and coastal area it is proposed the direction will apply to; and

        • (ii) the aquaculture activities that it is proposed the direction will apply to; and

        • (iii) the applications or classes of applications it is proposed that the direction will apply to; and

      • (b) be accompanied by information about why it would be more efficient and would enable better assessment and management of the cumulative effects of coastal permits to occupy the common marine and coastal area for the purposes of aquaculture activities if the direction were made.

    165ZFA Ministerial power to direct applications to be processed and heard together
    • (1) If the Minister receives a request under section 165ZF(2), the Minister—

      • (a) must consult the Minister of Conservation: and

      • (b) may—

        • (i) consult any other person whom the Minister considers it appropriate to consult; and

        • (ii) request any further information from the regional council that made the request; and

      • (c) must, within 25 working days after receiving the request,—

        • (i) by notice in the Gazette, direct the regional council to process and hear together applications for coastal permits to occupy the common marine and coastal area for the purposes of aquaculture activities (together with any other applications for coastal permits related to the aquaculture activities)—

          • (A) on the terms specified by the regional council in the request; or

          • (B) on terms that in the Minister’s opinion will facilitate efficient processing and better assessment and management of the cumulative effects of the applications that are the subject of the notice; or

        • (ii) decline the request.

      (2) A failure to comply with the time limit in subsection (1)(c) does not prevent the Minister from giving a direction or declining a request.

      (3) Any period of consultation under subsection (1)(b)(i) is excluded from the period specified in subsection (1)(c).

      (4) The Minister must not give a direction under subsection (1)(c)(i) unless he or she considers that the direction will facilitate efficient processing and better assessment and management of the cumulative effects of the applications that are the subject of the direction.

      (5) The Gazette notice by which a direction is given under subsection (1)(c)(i) must specify—

      • (a) the space in the common marine and coastal area that the direction applies to; and

      • (b) the aquaculture activities that the direction applies to; and

      • (c) the applications or classes of applications the direction applies to, which,—

        • (i) subject to subparagraph (ii), may (without limitation) include—

          • (A) applications made on or after the date of the Gazette notice; or

          • (B) applications made but not determined before the date of the Gazette notice; or

          • (C) applications defined by reference to their contents (for example, by the size of the space they relate to); but

        • (ii) may not include applications—

          • (A) in respect of which the regional council has determined, before the date of the Gazette notice, to hold a hearing and the hearing has commenced or been completed; or

          • (B) in respect of which the regional council has determined, before the date of the Gazette notice, that no hearing is required; or

          • (C) to which section 165ZH applies; or

          • (D) made more than 12 months after the date of the Gazette notice; or

          • (E) in respect of which a notice of motion has been lodged with the Environment Court under section 87G before the date of the Gazette notice; or

          • (F) called in by the Minister of Conservation under section 142 before the date of the Gazette notice; or

          • (G) for which a call-in request has been made by the regional council or the applicant under section 142(1)(b) before the date of the Gazette notice, unless the request is declined; or

          • (H) lodged with the Environmental Protection Authority before the date of the Gazette notice, unless the application is referred to the local authority under section 147(1)(c).

      (6) The Gazette notice by which a direction is given under subsection (1)(c)(i) may also specify that an application made after the notice, and that the notice does not relate to but would otherwise come within the scope of the notice, is not to be processed and heard until decisions have been made and notified on all of the applications to which the Gazette notice relates.

      (7) The regional council must comply with a provision specified in the Gazette notice under subsection (6).

      (8) The Minister must notify the decision to give a direction or to decline a request for a direction to the regional council, Minister of Conservation, and the Environmental Protection Authority.

      (9) On and from the date of a Gazette notice under this section, the regional council concerned must process and hear together applications to which the direction in the Gazette notice applies.

    Processing and hearing together of applications for coastal permits

    165ZFB Application of sections 165ZFC to 165ZFH
    • Sections 165ZFC to 165ZFH apply if a regional council is required to process and hear together any applications or class of applications for coastal permits to occupy space in the common marine and coastal area under—

      • (a) a rule included in a regional coastal plan or a proposed regional coastal plan under section 165F; or

      • (b) a Gazette notice under section 165N; or

      • (c) a Gazette notice under section 165ZFA.

    165ZFC Interpretation
    • In this section and sections 165ZFD to 165ZFH,—

      affected application, in relation to a PHT requirement,—

      • (a) means an application for a coastal permit to occupy space in the common marine and coastal area for the purpose of 1 or more activities that is required to be processed and heard together with another application or applications under the PHT requirement; and

      • (b) includes any other applications for coastal permits that are related to the application referred to in paragraph (a) and that are subject to the PHT requirement

      comes into force means, in relation to a rule in a proposed regional coastal plan, that the rule has legal effect

      PHT requirement means a requirement that an application be processed and heard together with another application or applications as provided in a rule or Gazette notice referred to in section 165ZFB.

    165ZFD Effect of requirement that applications be processed and heard together on direct referral to Environment Court under sections 87D to 87I
    • (1) On and from the date on which a PHT requirement comes into force, no person may request that an affected application be determined by the Environment Court under section 87D.

      (2) Despite sections 87E to 87G, if at the date the PHT requirement comes into force,—

      • (a) the regional council is considering a request by an applicant under section 87D in respect of an affected application, the council must not make a decision on the request, but must return the request to the applicant with a notice stating that the application is one to which a PHT requirement relates and section 165ZFE applies:

      • (b) the regional council has granted a request by an applicant under section 87D in respect of an affected application, but the applicant had not yet lodged a notice of motion under section 87G(2)(a) in respect of the application,—

        • (i) the regional council must continue to process the application in accordance with sections 165ZFE and 165ZFF and is not required to comply with section 87F(3) to (5); and

        • (ii) the applicant may not lodge a notice of motion under section 87G(2)(a).

    165ZFE Processing of affected applications
    • (1) Sections 88 to 98 apply in respect of each affected application that is subject to a PHT requirement.

      (2) The regional council must, as soon as practicable after the latest date on which the period for submissions closes on an affected application to which the PHT requirement relates, advise each of the applicants—

      • (a) of the names and contact details of the other affected applicants; and

      • (b) that if the applicant wants the affected applications to be determined by the Environment Court, the applicant has 10 working days from the date of the notice to make such a request.

      (3) The applicant must make the request under subsection (2) electronically or in writing on the form prescribed for a request under section 87D.

      (4) If the regional council receives requests under subsection (2) from all the applicants in respect of affected applications within the required period, the regional council must decide whether to grant or decline the applicants’ requests that all the affected applications be determined by the Environment Court.

      (5) If subsection (4) applies and the regional council declines the requests, or if the regional council does not receive requests under subsection (2) from all applicants in respect of affected applications within the required period, the regional council must continue to process and hear together the affected applications in accordance with this section and section 165ZFF.

      (6) If subsection (4) applies and the regional council grants the requests, the regional council must prepare a report on each of the affected applications within the period that ends 20 working days after the date on which the regional council decided to grant the requests.

      (7) Section 87F(4) and (5) apply to a report prepared under subsection (6) on an affected application.

      (8) Each applicant in respect of an affected application must advise the regional council within 5 working days after receipt of a report prepared under subsection (6), whether the applicant continues to want the affected application to be determined by the Environment Court instead of by the regional council.

      (9) If the regional council—

      • (a) receives advice from all the applicants in respect of affected applications that the applicants continue to want the affected applications to be determined by the Environment Court, the regional council must give notice to each applicant that—

        • (i) the applicant’s affected application is to be determined by the Environment Court; and

        • (ii) the applicant must lodge a notice of motion with the Environment Court that complies with section 87G(2)(a) within 10 working days after the date of the regional council’s notice or the applicant’s affected application may be cancelled in accordance with subsection (11); or

      • (b) does not receive advice from all the applicants in respect of affected applications that the applicants continue to want the affected applications to be determined by the Environment Court, the regional council must—

        • (i) give notice to each applicant that the applicant’s affected application is to be determined by the regional council; and

        • (ii) continue to process and hear together the affected applications in accordance with this section and section 165ZFF.

      (10) Section 87G(2)(b) and (c), (3), and (4) apply in relation to the notice of motion referred to in subsection (9)(a)(ii) with any necessary modifications.

      (11) If an applicant does not lodge a notice of motion with the Environment Court within 10 working days after the date of the notice under subsection (9)(a), the regional council must—

      • (a) give notice to the relevant applicant that unless the applicant lodges the notice of motion within 5 working days of the date of the notice, the applicant’s affected application will be cancelled; and

      • (b) if, within the period notified, or such greater period as the regional council may think reasonable in the circumstances, the applicant does not lodge the notice of motion the regional council must cancel the applicant’s affected application.

      (12) Sections 87G(5) to (7) and 87H apply in respect of the affected applications.

      (13) Sections 99 and 100 apply in respect of any affected application that the regional council is required to process and hear together with other affected applications.

    165ZFF Hearing of affected applications
    • The provisions of this Act that relate to the hearing and making of decisions on a coastal permit apply to the affected applications with the following modifications:

      • (a) if a hearing is to be held in respect of any affected application,—

        • (i) a hearing must be held in respect of all affected applications; and

        • (ii) all affected applications must be heard together; and

      • (b) if an applicant or person who made a submission on an affected application makes a request under section 100A(2), the regional council is not required to comply with section 100A(4) but must instead consider whether to delegate under section 34A(1) its functions, powers, and duties required to hear and decide all the affected applications, to 1 or more hearings commissioners who are not members of the local authority; and

      • (c) for the purposes of section 101(2), the date for the commencement of the hearing must be—

        • (i) within 25 working days after the latest closing date for submissions on an affected application to which the PHT requirement relates, if no request is received under section 165ZFE(2); or

        • (ii) within 25 working days after the date on which the council becomes subject to a requirement to continue to process and hear together affected applications under section 165ZFE(5) or (9); and

      • (d) despite section 115,—

        • (i) decisions on the affected applications are, subject to section 88(4), to be made in the order in which the applications were lodged; and

        • (ii) notice of the decision on each affected application must be given within 30 working days after the end of the hearing or, if no hearing is held, within the period within which a hearing would have been required to be held under paragraph (c)(i) or (ii); and

      • (e) paragraph (d)(i) is subject to sections 124B and 124C.

    165ZFG Effect of requirement that applications be processed and heard together on power of Minister to call in applications under section 142
    • (1) Despite sections 142 and 144,—

      • (a) the Minister must not make a decision as to whether to call in an affected application until all affected applications to which the relevant PHT requirement relates have been identified; and

      • (b) if the Minister decides to call in an affected application by making a direction under section 142(2), the Minister must, whether or not the Minister considers any other affected application is a proposal or part of a proposal of national significance, call in all the other affected applications under the same direction; and

      • (c) in deciding whether to make the direction referred to in paragraph (b), the Minister—

        • (i) may, in addition to the matters specified in section 142(3), consider the impact that the call-in direction would have on the other affected applications, including the impact on the costs the applicants might face; and

        • (ii) must have regard to the capacity of the local authority to process the affected applications and the views of—

          • (A) the applicants for all the affected applications; and

          • (B) the regional council; and

          • (C) if the PHT requirement was made by Gazette notice under section 165ZFA, the Minister of Aquaculture.

      (2) Section 165ZFF(a), (d), and (e) apply if the affected applications are heard by the Environment Court or a board of inquiry and, for that purpose, the provisions of Part 6AA apply in respect of the hearing and determination of the affected applications with any necessary modifications.

    165ZFH Effect of requirement that applications be processed and heard together on lodgement of applications with EPA
    • On and from the date on which the relevant PHT requirement comes into force, no affected application may be lodged with the Environmental Protection Authority under section 145.

50 Subpart 2 of Part 7A repealed
51 Application
  • (1) Section 165ZG(1) is amended by repealing paragraph (a) and substituting the following paragraph:

    • (a) only to applications for coastal permits to occupy space in the common marine and coastal area for aquaculture activities; and.

    (2) Section 165ZG is amended by repealing subsection (2) and substituting the following subsection:

    • (2) However, this subpart does not apply to an application for a coastal permit to occupy space in the common marine and coastal area for an aquaculture activity if, at the time the application is made, a regional coastal plan provides for a method of allocating authorisations in respect of the space and activity.

52 New section 165ZH substituted
  • Section 165ZH is repealed and the following section substituted:

    165ZH Processing applications for existing permit holders
    • (1) This section applies if—

      • (a) a person holds—

        • (i) a deemed coastal permit under section 10, 20, 20A, or 21 of the Aquaculture Reform (Repeals and Transitional Provisions) Act 2004; or

        • (ii) a coastal permit to occupy space in the common marine and coastal area for aquaculture activities, granted after the commencement of this Part; and

      • (b) the permit referred to in paragraph (a)(i) or (ii) (existing coastal permit)—

        • (i) is in force at the time of any application under paragraph (c); and

        • (ii) applies in relation to space in the common marine and coastal area in which aquaculture is not a prohibited activity; and

      • (c) the holder of the existing coastal permit (existing permit holder) makes an application for a new coastal permit that is—

        • (i) for occupation of some or all of the same space; and

        • (ii) for the same or another aquaculture activity; and

        • (iii) accompanied by any other applications for coastal permits related to the carrying out of the aquaculture activity; and

      • (d) the application and any related applications are—

        • (i) made to the appropriate consent authority; and

        • (ii) made—

          • (A) at least 6 months before the expiry of the existing coastal permit; or

          • (B) in the period that begins 6 months before the expiry of the existing coastal permit and ends 3 months before the expiry of the existing coastal permit, and the authority, in its discretion, allows the holder to continue to operate.

      (2) If this section applies, then—

      • (a) the applications, must be processed and determined before any other application for a coastal permit to occupy the space that the permit applies to; and

      • (b) no other application to occupy the space that the application relates to may be accepted before the determination of the application; and

      • (c) the holder may continue to operate under the existing coastal permit until—

        • (i) a new coastal permit is granted and all appeals are determined; or

        • (ii) a new coastal permit is declined and all appeals are determined.

53 Applications for space already used for aquaculture activities
  • (1) Section 165ZI(1) is amended by omitting carry out and substituting occupy space in the common marine and coastal area for.

    (2) Section 165ZI(3) is amended by omitting for and substituting to occupy.

    (3) Section 165ZI(4)(b) is amended by omitting section 124 and substituting section 165ZH(1)(c).

    (4) Section 165ZI(5) is amended—

    • (a) by omitting section 165ZH(2) and substituting section 165ZH(1)(c); and

    • (b) by omitting in accordance with section 124.

    (5) Section 165ZI(8) is amended by omitting section 124 and substituting section 165ZH(1)(c).

54 Additional criteria for considering applications for permits for space already used for aquaculture activities
  • (1) Section 165ZJ is amended by inserting the following subsection before subsection (1):

    • (1AA) When considering an application under section 165ZH that relates to the same aquaculture activity, a consent authority must consider all relevant information available in relation to the existing coastal permit, including any available monitoring data.

    (2) Section 165ZJ(1) is amended by omitting section 165ZH(2) and substituting section 165ZH.

    (3) Section 165ZJ(1) is amended by repealing paragraph (c).

55 New subpart 4 of Part 7A inserted
  • The following subpart is inserted after subpart 3 of Part 7A:

    Subpart 4Plan change requests and concurrent applications for coastal permits in relation to aquaculture activities

    165ZK Application
    • This subpart applies only in relation to a rule in a regional coastal plan that,—

      • (a) at the commencement of section 55 of the Resource Management Amendment Act (No 2) 2011, provided that an aquaculture activity is a prohibited activity, whether in all or part, of the common marine and coastal area that the plan applies to; and

      • (b) is still operative when a plan change request is made.

    165ZL Interpretation
    • In this subpart, unless the context otherwise requires,—

      concurrent application means an application made under section 165ZN that is made in conjunction with a plan change request

      plan change request means a plan change request—

      • (a) made under clause 21 of Schedule 1, in relation to a rule referred to in section 165ZK,—

        • (i) to provide for aquaculture activities; and

        • (ii) to make any related changes; and

      • (b) made in conjunction with, or in contemplation of, a concurrent application.

    165ZM Other provisions of Act apply subject to this subpart
    • (1) The provisions of this Act relating to consent applications and plan change requests apply to concurrent applications and plan change requests under this subpart subject to the provisions of this subpart.

      (2) Subsections (3) to (4) do not limit subsection (1).

      (3) Section 36AA and any regulations made under section 360(1)(hj) do not apply in relation to a concurrent application.

      (4) The following provisions of Part 6 do not apply to a concurrent application: sections 88A to 88E, 95 to 95G, 96(7), 97, 99 to 103A, 115, and 121(1)(c).

    165ZN Application for coastal permit to undertake aquaculture activities
    • (1) An application for a coastal permit to undertake an aquaculture activity in the common marine and coastal area that otherwise could not be made because of section 87A(6) may be made if—

      • (a) the person making the application also makes a plan change request under clause 21 of Schedule 1; and

      • (b) the application for the coastal permit is made—

        • (i) at the same time as the plan change request is made; or

        • (ii) if the plan change request is lodged with a regional council, within 20 working days after receiving the regional council's notification of its decision under clause 25(5) of Schedule 1; and

      • (c) the plan change request is to change—

        • (i) the regional coastal plan to make the aquaculture activity in the common marine and coastal area a controlled activity, a restricted discretionary activity, a discretionary activity, or a non-complying activity; and

        • (ii) related matters (if any) in the regional coastal plan; and

      • (d) the application for the coastal permit would be consistent with the plan change if the plan change request were accepted and made.

      (2) For the purposes of subsection (1)(d), section 165ZW(1) is to be disregarded.

    165ZO Identifying plan change requests and concurrent applications
    • (1) A concurrent application must identify the plan change request it relates to.

      (2) A plan change request must—

      • (a) identify the concurrent application it relates to, if the plan change request and concurrent application are made at the same time; or

      • (b) specify that it is intended to lodge a concurrent application subsequently, if the plan change request is accepted.

    165ZP Incomplete concurrent application
    • (1) This section applies if a concurrent application is returned, under section 88(3), as incomplete.

      (2) The regional council is not required to take any further action on the plan change request unless the application is lodged again within the time specified in subsection (3).

      (3) If the application is not lodged again within 20 working days after the date on which the applicant receives the returned application, the application and the plan change request lapse.

    165ZQ Additional consents
    • (1) If the regional council makes a determination under section 91(1), it must do so within 20 working days after—

      • (a) the expiry of the 5 working days specified in section 88(3), if the application is not returned as incomplete:

      • (b) the day after the application is lodged again under section 165ZP(3), if the application was returned as incomplete under section 88(3).

      (2) If the regional council determines that 1 or more further consents will be required, the regional council is not required to take any further action on the plan change request until the applications for the further consents have been lodged and accepted as complete under section 88(3).

    165ZR Concurrent application to be declined or treated as withdrawn if plan change request declined or withdrawn
    • (1) If, under clause 25(4) of Schedule 1, a regional council rejects a plan change request, then the concurrent application lapses.

      (2) If, under clause 25(2)(b) of Schedule 1, a regional council accepts a plan change request in part so that the aquaculture activity that the concurrent application relates to remains a prohibited activity, then the regional council must decline the concurrent application as a result of the decision made under clause 25(4) of Schedule 1.

      (3) If a plan change request is withdrawn or deemed to be withdrawn under clause 28 of Schedule 1, the concurrent application that relates to the plan change request is to be treated as having been withdrawn.

    165ZS Consideration of plan change request
    • (1) The regional council—

      • (a) may not adopt a plan change request under clause 25(2)(a) of Schedule 1; but

      • (b) may accept a plan change request under clause 25(2)(b) of Schedule 1.

      (2) If the regional council accepts a plan change request, the person making the plan change request may, within 20 working days after being notified of the council's decision under clause 25(5) of Schedule 1,—

      • (a) if a concurrent application has been lodged with the plan change request and the plan change request has been modified under clause 24 of Schedule 1,—

        • (i) amend the concurrent application; or

        • (ii) withdraw the concurrent application and lodge a replacement concurrent application:

      • (b) if a concurrent application has not been lodged with the plan change request, lodge a concurrent application.

    165ZT Notification of accepted plan change request
    • (1) For the purposes of publicly notifying an accepted plan change request and its concurrent application under clause 26(b)(i) of Schedule 1, the period of 4 months specified in that subparagraph begins on the day as determined in accordance with subsection (2), (3), or (4), as the case may require.

      (2) If a concurrent application has been lodged, the period begins on the day on which the regional council receives written confirmation from the applicant that the applications will not be amended or withdrawn.

      (3) If a concurrent application has been lodged but has been amended, or withdrawn and a replacement application lodged, the period begins on the day on which the regional council confirms to the applicant that the application as amended or the replacement application is complete and that no other resource consents are required.

      (4) If a concurrent application has not been lodged but is lodged after the plan change request is accepted by the regional council, the period begins on the day on which the regional council confirms to the applicant that the application is complete and that no other resource consents are required.

      (5) Notification of a plan change request under subsection (1) must also include notification of the concurrent application.

      (6) For the purposes of subsection (5), clause 5 of Schedule 1 applies with all necessary modifications and as if references to a plan or regional coastal plan were references to a plan change request and its related concurrent application and as if the reference to a proposed change in clause 5(3)(b) of that Schedule included a reference to its concurrent application.

    165ZU Submissions on plan change request and concurrent application
    • (1) The regional council must, in addition to preparing a summary of submissions on the plan change request, prepare a summary of submissions on the concurrent application.

      (2) Clause 7 of Schedule 1 accordingly applies also to the summary of submissions on the concurrent application.

      (3) However, no person may make further submissions under clause 8 of Schedule 1 on a concurrent application.

    165ZV Hearing of submissions
    • (1) The regional council must hear, under clause 8B of Schedule 1, any submissions on a plan change request and its concurrent application together.

      (2) For the purposes of clause 8C of Schedule 1, a hearing is not required if, in addition, no person indicates they wish to be heard, or the request to be heard is withdrawn, in relation to the concurrent application.

    165ZW Type of activity in relation to concurrent activities
    • (1) After a plan change request has been accepted and publicly notified, the regional council must process the concurrent application that the plan change request relates to on the basis that the activities for which the application is made are non-complying activities.

      (2) The concurrent application must be considered and determined on the basis that the activities for which the application is made are controlled activities, restricted discretionary activities, discretionary activities, or non-complying activities in accordance with the regional council's decision on the plan change request that the concurrent application relates to.

    165ZX Consideration of plan change request and concurrent application
    • (1) A regional council considering a plan change request and its concurrent application made under subpart 4 of Part 7A must,—

      • (a) firstly, determine matters in relation to the plan change request; and

      • (b) secondly, determine matters in relation to the concurrent application, based on its determination of matters in relation to the plan change request.

      (2) A regional council must decline a concurrent application if, as a result of the council's determination on the plan change request, the aquaculture activity that the concurrent application relates to remains a prohibited activity.

    165ZY Regional council's decision on concurrent application
    • The regional council must make and publicly notify its decision on the concurrent application not later than the close of the 20th working day after publicly notifying its decision on the plan change request in accordance with clause 10(4) of Schedule 1.

    165ZZ Appeals
    • (1) An appeal against a decision relating to the plan change request or the concurrent application or both must be lodged within 20 working days after the day on which the regional council publicly notifies its decision on the concurrent application.

      (2) If appeals are lodged against both the decision on the plan change request and the concurrent application, the appeals must be heard together.

    165ZZA Grant of coastal permit
    • (1) If the regional council grants a concurrent application and issues a coastal permit, the commencement of the coastal permit under section 116A is subject to the Minister of Conservation approving the plan change.

      (2) If the Minister of Conservation declines to approve the plan change, the regional council must cancel the coastal permit.

56 Right of objection to consent authority against certain decisions or requirements
57 New sections 360A to 360C inserted
  • The following sections are inserted after section 360:

    360A Regulations amending regional coastal plans in relation to aquaculture activities
    • (1) The Governor-General may, by Order in Council, amend provisions in a regional coastal plan that relate to the management of aquaculture activities in the coastal marine area.

      (2) An amendment made under subsection (1)—

      • (a) becomes part of the operative plan as if it had been notified under clause 20 of Schedule 1; and

      • (b) must not be inconsistent with, and is subject to, the other provisions of this Act (for example, subpart 1 of Part 7A); and

      • (c) may be amended—

        • (i) under this section; or

        • (ii) in accordance with Schedule 1; or

        • (iii) under any other provision of this Act.

      (3) In this section and sections 360B and 360C, amend provisions includes—

      • (a) omitting provisions (whether other provisions are substituted or not):

      • (b) adding provisions.

    360B Conditions to be satisfied before regulations made under section 360A
    • (1) Regulations must not be made under section 360A(1) except on the recommendation of the Minister of Aquaculture.

      (2) The Minister of Aquaculture must not make a recommendation unless the Minister—

      • (a) has first had regard to the provisions of the regional coastal plan that will be affected by the proposed regulations; and

      • (b) has consulted—

        • (i) the Minister of Conservation; and

        • (ii) other Ministers that the Minister of Aquaculture considers relevant to the proposed regulations; and

        • (iii) any regional council that will be affected by the proposed regulations; and

        • (iv) the public and iwi authorities in accordance with subsection (3); and

      • (c) is satisfied that—

        • (i) the proposed regulations are necessary or desirable for the management of aquaculture activities in accordance with the Government's policy for aquaculture in the coastal marine area; and

        • (ii) the matters to be addressed by the proposed regulations are of regional or national significance; and

        • (iii) the regional coastal plan to be amended by the proposed regulations will continue to give effect to—

          • (A) any national policy statement; and

          • (B) any New Zealand coastal policy statement; and

          • (C) any regional policy statement; and

        • (iv) the regional coastal plan as amended by the proposed regulations will not duplicate or conflict with any national environmental standard.

      (3) For the purposes of subsection (2)(b)(iv), the Minister of Aquaculture must—

      • (a) notify the public and iwi authorities of the proposed regulations; and

      • (b) establish a process that—

        • (i) the Minister of Aquaculture considers gives the public and iwi authorities adequate time and opportunity to comment on the proposed regulations; and

        • (ii) requires a report and recommendation to be made to the Minister on those comments and the proposed regulations; and

      • (c) publicly notify the report and recommendation.

      (4) For the purposes of subsection (2)(b)(iv), the Minister is not required to consult on matters that have already been the subject of consultation if the Minister is satisfied that the previous consultation related to subject matter that is in substance the same as that proposed in the regulations.

    360C Regional council's obligations
    • As soon as practicable after regulations are made under section 360A(1), the regional council whose regional coastal plan is or will be amended by the regulations must—

      • (a) give public notice that the regulations have been made, of the date on which the regulations come into force, and that provides a general description of the nature and effect of the regulations; and

      • (b) amend the plan in accordance with the regulations—

        • (i) without using the process in Schedule 1; and

        • (ii) by any date specified in the regulations for that purpose or, if no date is specified, as soon as practicable after the regulations come into force.

58 Existing notices, bylaws, etc, to become regional coastal plans
  • Section 370 is amended by adding the following subsection:

    • (5) However, subsection (4) does not apply to a plan change request made under subpart 4 of Part 7A.

59 Transitional coastal plan occupation charges
  • (1) Section 401A(3) is amended by omitting 1 July 2007 and substituting the expiry date.

    (2) Section 401A(4) is amended by—

    • (a) omitting 1 July 2007 and substituting the expiry date; and

    • (b) omitting after 30 June 2007 and substituting on or after the expiry date.

    (3) Section 401A is amended by adding the following subsection:

    • (5) In this section, expiry date means the date that is 3 years after the commencement of section 59 of the Resource Management Amendment Act (No 2) 2011.

60 Schedule 1 amended
  • Clause 25(4) of Schedule 1 is amended by repealing paragraph (b) and substituting the following paragraph:

    • (b) within the last 2 years, the substance of the request or part of the request—

      • (i) has been considered and given effect to, or rejected by, the local authority or the Environment Court; or

      • (ii) has been given effect to by regulations made under section 360A; or.

61 Schedule 1A repealed

Amendments to regional coastal plans

62 Amendments to proposed Tasman regional coastal plan
  • (1) The proposed Tasman regional coastal plan is amended in the manner specified in Schedule 1.

    (2) The proposed Tasman regional coastal plan, as amended by subsection (1), becomes operative on 1 October 2011.

    (3) The Tasman District Council must comply, as soon as practicable, with clause 20(4) and (5) of Schedule 1 of the Resource Management Act 1991 in relation to the plan when it becomes operative under subsection (2).

    (4) On and from the date the amended plan becomes operative, the plan, including the amendments made to it under subsection (1), may be subsequently changed in accordance with Schedule 1 of the Resource Management Act 1991.

    (5) To avoid doubt and without limiting subsection (4),—

    • (a) the amendments made by subsection (1) may be amended under clause 20A of Schedule 1 of the Resource Management Act 1991:

    • (b) a request to change the amendments made by subsection (1) may be rejected under clause 25(4) of Schedule 1 of the Resource Management Act 1991.

    (6) In this section, proposed Tasman regional coastal plan means the following provisions of the Tasman Resource Management Plan:

    • (a) the defined terms in Chapter 2 that are applicable to Part III and the provisions of Parts V and VI that are referred to in paragraphs (c) and (d):

    • (b) Part III:

    • (c) in Part V,—

      • (i) the provisions in Chapter 30 that are applicable to coastal water; and

      • (ii) in Chapter 31, Rule 31.1.2 and the applicable reasons for this rule in Section 31.1.20; and

      • (iii) Chapter 32 (as applicable to any activity affecting coastal water):

    • (d) in Part VI,—

      • (i) Chapter 35; and

      • (ii) in Chapter 36, Sections 36.2, 36.7, and Chapter 37 (as applicable to any activity in the coastal marine area):

    • (e) the planning maps 180 to 225 and 250 to 252.

63 Amendments to Waikato regional coastal plan
  • (1) The Waikato regional coastal plan is amended in the manner specified in Schedule 2.

    (2) The amendments to the plan made by subsection (1), become operative on 1 October 2011.

    (3) The Waikato Regional Council must, as soon as practicable after the amendments become operative, comply with clause 20(4) and (5) of Schedule 1 of the Resource Management Act 1991 in relation to the amended plan.

    (4) On and from the date the amendments to the plan become operative, the amendments may be subsequently changed in accordance with Schedule 1 of the Resource Management Act 1991.

    (5) To avoid doubt and without limiting subsection (4),—

    • (a) the amendments made by subsection (1) may be amended under clause 20A of Schedule 1 of the Resource Management Act 1991:

    • (b) a request to change the amendments made by subsection (1) may be rejected under clause 25(4) of Schedule 1 of the Resource Management Act 1991.

    (6) This section does not affect the application of section 81 of the Resource Management Act 1991, and the amendments to the plan made by subsection (1) do not apply, in relation to the area of the Auckland Region that became part of the Waikato Region under clause 5 of the Local Government (Auckland Boundaries) Determination 2010.

    (7) In this section, Waikato regional coastal plan means the operative Waikato Regional Coastal Plan.


Schedule 1
Amendments to Tasman regional coastal plan

s 62

Chapter 2: 2.2 Defined Words
  • Insert the following definitions in their appropriate alphabetical order:

    Additive Species – means species for which material is added to the water column, or directly to stock, including feed.

    Extractive Species – means species which extract food that occurs naturally in the water column (e.g. plankton) or seabed.

    Mussel Spat – means any stage of the lifecycle of Green-lipped mussel (Perna canaliculus) less than 40 millimetres in length.

    Scallop Spat – means any stage of the lifecycle of Scallop (Pecten novaezealandiae) less than 50 millimetres in length.

    Definition of Aquaculture: omit , scallop spat catching, mussel spat catching, and mussel farming and substitute spat catching.

    Definition of Spat: omit and substitute:

    Spat – means the larval or juvenile stages of an animal’s life cycle which settle from a motile or drifting phase onto natural or man-made substrates. For the purposes of this plan, the definition of spat also includes the spores or gametes of seaweeds.

    Definition of Mussel farming: omit.

Chapter 22: 22.0 Introduction
  • Second paragraph: omit the aquaculture provision of this Plan to be subject of an extensive inquiry. As a result, specific sites in the coastal marine area have been and substitute to specific sites in the coastal marine area being.

    Eighth paragraph: omit marine farming and substitute aquaculture.

    Eighth paragraph: insert and natural character after on the ecology.

    Eighth paragraph: omit and in some locations on natural character issues,.

    Tenth paragraph: omit marine farming and substitute aquaculture.

    Eleventh paragraph: omit Further, the approach recognises that mechanisms and substitute In addition to the adaptive management approach, there are also mechanisms that.

    Twelfth paragraph: omit and substitute:

    The Plan incorporates provisions for the ongoing sustainable management of aquaculture, while providing for consent applications to be made for a variety of species. The Plan recognises that the initial development and subsequent expansion of the industry is dependent upon a high level of ecological investigation, ongoing monitoring, and management of expansion. Ecological Advisory Groups will provide technical advice to assist the Council in managing any ecological effects that may arise for different types of aquaculture. Funding for the group(s) will be derived from monitoring charges imposed on relevant aquaculture consent holders.

Policy 22.1.4

Omit to scallop spat catching and mussel spat catching, and mussel farming and substitute in subzones (a) – (d) of AMA 2 Puramakau and subzones (a) – (d) of AMA 3 Te Kumara to seasonal and rotational catching of scallop spat.

New Policies 22.1.4A and 22.1.4B

Insert after policy 22.1.4:

22.1.4A
  • To limit aquaculture activities in subzones (e) – (k) of AMA 2 Puramakau and subzones (e) – (h) of AMA 3 Te Kumara to seasonal and rotational catching of mussel spat.

22.1.4B
  • To provide for the use of subzones (a) – (d) of AMA 1 Waikato, (l) – (q) of AMA 2 Puramakau, and (i) – (l) of AMA 3 Te Kumara for aquaculture that:

    • (a) safeguards the life-supporting capacity of the environment;

    • (b) is compatible with and does not adversely affect existing aquaculture activities; and

    • (c) avoids as far as practicable adverse effects on the environment, and where complete avoidance is not practicable, ensures that adverse effects are remedied or mitigated.

Policy 22.1.5

Omit spat catching and mussel farming and substitute aquaculture activities.

Heading above Policy 22.1.10

Heading to Policy 22.1.10: omit – Mussel Farming.

Policy 22.1.10

Omit mussel farming and substitute aquaculture in subzones (a) – (d) of AMA 1 Waikato, (l) – (q) of AMA 2 Puramakau, and (i) – (l) of AMA 3 Te Kumara.

New Policies 22.1.10A and 22.1.10B

Insert after policy 22.1.10:

22.1.10A
  • To allow successive stages of mussel farming development when Council is satisfied that the risk of adverse ecological effects is manageable.

22.1.10B
  • To manage aquaculture involving filter feeding bivalves (excluding mussels) and/or other extractive species in subzones (a) – (d) of AMA 1 Waikato, (l) – (q) of AMA 2 Puramakau, and (i) – (l) of AMA 3 Te Kumara by requiring that any development be staged through:

    • (a) authorising a first stage of development, with requirements to monitor and report on environmental effects resulting from farming the space at the full intensity of development allowed for that stage;

    • (b) allowing successive stages of development under the same consent, when Council is satisfied that the risk of adverse ecological effects is managed in accordance with Policy 22.1.4B.

22.1.10C
  • To manage the development of aquaculture involving additive species by using tendering to allocate authorisations to apply for coastal permits to occupy space in subzones (a) – (d) of AMA 1 Waikato, (l) – (q) of AMA 2 Puramakau, and (i) – (l) of AMA 3 Te Kumara.

22.1.10D
  • In accordance with Policy 22.1.10C, to tender a combined total of up to 280 hectares of space, for which consent applications can be made to occupy space for the purpose of aquaculture involving additive species.

22.1.10E
  • Subject to Policy 22.1.10D, to determine the actual area to be tendered using information from investigations into physical conditions (such as depth and current) for aquaculture activities and any scientific investigations undertaken into environmental limits on aquaculture involving additive species.

22.1.10F
  • Subject to Policies 22.1.10C and 22.1.10D, to:

    • (a) limit the extent of development of aquaculture involving additive species to 10 hectares as a first stage of development under any consent until the significance of any adverse ecological effects is better known;

    • (b) allow successive stages of development (up to the total area held under an authorisation issued pursuant to Policy 22.1.10C) under the same consent, when Council is satisfied that the risk of adverse ecological effects is managed in accordance with Policy 22.1.4B.

Policy 22.1.11

Omit.

Policy 22.1.12

Omit mussel farming and substitute aquaculture in subzones (a) – (d) of AMA 1 Waikato, (l) – (q) of AMA 2 Puramakau, and (i) – (l) of AMA 3 Te Kumara.

Policy 22.1.14

Omit mussel farming and substitute aquaculture in subzones (a) – (d) of AMA 1 Waikato, (l) – (q) of AMA 2 Puramakau, and (i) – (l) of AMA 3 Te Kumara.

Policy 22.1.15

Omit mussel farming within each AMA and substitute aquaculture in subzones (a) – (d) of AMA 1 Waikato, (l) – (q) of AMA 2 Puramakau, and (i) – (l) of AMA 3 Te Kumara.

Policies 22.1.16 and 22.1.17

Omit and substitute:

22.1.16
  • To establish Ecological Advisory Group(s) to advise the Council on appropriate staging and development of aquaculture in subzones (a) – (d) of AMA 1 Waikato, (l) – (q) of AMA 2 Puramakau, and (i) – (l) of AMA 3 Te Kumara.

22.1.17
  • To fund the activities of Ecological Advisory Group(s) through charges applied to consents for aquaculture in subzones (a) – (d) of AMA 1 Waikato, (l) – (q) of AMA 2 Puramakau, and (i) – (l) of AMA 3 Te Kumara.

New Policy 22.1.23

Insert after policy 22.1.22:

22.1.23
  • To ensure that aquaculture activities are managed to minimise:

    • (a) the risk of incursion, predation and disease transmission;

    • (b) introduction of biosecurity risk organisms;

    • (c) genetic risk to wild stock.

Chapter 22.1.30 Methods of Implementation
  • Paragraph (a)(i): omit for spat catching and mussel farming.

    Paragraph (a)(i): omit those activities and substitute aquaculture.

    Paragraph (a)(iii): omit mussel farming consent applications and substitute consent applications in specified subzones.

    Paragraph (a)(v): omit mussel farming applications for whole and substitute applications for aquaculture involving filter feeding bivalves (including mussels) and other extractive species for whole specified.

    Insert after paragraph (a)(v):

    • (va) Rules that allow applications for aquaculture involving additive species, but which limit the first stage of development, with progression beyond this if evaluation of monitoring from any stage indicates that the risk of adverse ecological effects is manageable.

    Paragraph (a)(vi): omit and substitute:

    • (vi) Establishment of Ecological Advisory Group(s) (EAG) comprised of appropriately qualified marine ecologists to advise the Council on ecological effects of aquaculture in specified subzones. The composition of an EAG will be in accordance with the protocol in Schedule 25.1J or Schedule 25.1JA.

    Paragraph (c): add:

    • (iv) Advocating for and participating in the gathering of information (including scientific investigations) relating to the effects of aquaculture involving additive species in Tasman Bay and Golden Bay, including to inform decisions about tendering space in subzones pursuant to Policy 21.1.10C and decisions on coastal permit applications.

Chapter 22.1.40 Principal Reasons and Explanation
  • Second paragraph: omit paragraphs (b) to (e) and substitute:

    • (b) requiring baseline assessment of application sites coupled with requirements to monitor the effects of aquaculture activities;

    • (c) seasonal use of spat catching sites;

    • (d) providing for development of aquaculture (other than spat catching in specified subzones) in stages according to the results of monitoring.

    Fifth paragraph: omit mussel farming and substitute aquaculture involving extractive or additive species.

    Sixth paragraph: omit and substitute:

    Aquaculture involving filter feeding bivalves and/or other extractive species

    Controlled activity status enables an initial stage of mussel or filter feeding bivalve farming to begin with minimal administrative processes, and restricted discretionary status is applied to larger scale proposals. Aquaculture involving other extractive species is subject to a discretionary resource consent process irrespective of the size of the proposal, in recognition of the limited information that is available on the farming of species other than filter feeding bivalves in Tasman. Ecological monitoring conditions are imposed to improve the information base for decisions about subsequent stages of mussel, filter feeding bivalve and other extractive species farming. Provision is made for review of consent conditions, providing opportunity to curb the activity or allow its expansion, depending on the results of the monitoring.

    Seventh paragraph: omit mussel.

    Add after the eighth paragraph:

    Aquaculture involving additive species

    Aquaculture involving additive species has not previously occurred in Tasman and its effects on the Tasman marine environment are largely unknown. A more cautious approach has therefore been adopted to applications for this type of aquaculture.

    A limited amount of space will be available to be used for aquaculture involving additive species, with a maximum of 280 hectares within subzones (a) – (d) of AMA 1 Waikato, (l) – (q) of AMA 2 Puramakau and (i) – (l) of AMA 3 Te Kumara. The actual area that will be made available will reflect the results of investigations into physical conditions (such as depth and current) and any scientific investigations undertaken into environmental limits on aquaculture involving additive species.

    As there is limited space, tendering will be used to offer the opportunity to convert existing farms or establish new farms for additive species. However, space in subzones (b) – (d) of AMA 1 Waikato, (l) – (o) of AMA 2 Puramakau and (l) of AMA 3 Te Kumara will not be tendered until these subzones have become gazetted aquaculture areas. There will therefore be more than one round of tendering. Furthermore, the Council may choose to tender smaller areas of space in several rounds of tendering.

    Tendering will provide industry with the flexibility to determine where they would like to farm additive species and the extent to which they would like to develop such farms. While the 280 hectare maximum of space is based on an average of 20 hectares in each subzone (excluding the spat catching subzones), tendering will enable industry to develop more space in one subzone and less in another.

    Successful tenderers will have to apply for resource consent to develop the allocated space. This will be subject to a discretionary resource consent process, which will be informed by available scientific research and include the requirement to develop ecological monitoring programmes to comprehensively assess both the individual effects of each proposal and cumulative effects in combination with other aquaculture activities in the same and neighbouring subzones. It will also be a requirement that the development be staged, with no more than 10 hectares developed initially under any consent. Further expansion would be dependent on the results of monitoring. A successful tender is no guarantee of obtaining resource consent.

New heading above Rule 25.1.5

Insert above rule 25.1.5:

Spat Catching in Subzone (a) AMA 1 Waikato, Subzones (a) – (k) AMA 2 Puramakau and Subzones (a) – (h) of AMA 3 Te Kumara.
Heading to Rule 25.1.5

Omit (Spat Catching).

Rule 25.1.5

First paragraph: insert in subzone (a) AMA 1 Waikato, subzones (a) – (k) AMA 2 Puramakau and subzones (a) – (h) of AMA 3 Te Kumara after or mussel spat catching.

First paragraph: omit standards and terms and substitute conditions.

Paragraph (a): omit Standards and substitute Conditions.

Paragraph (b): omit only in and substitute entirely within.

Paragraph (e): omit and substitute:

  • (e) Subject to condition (g), the activity occurs entirely within subzones (e) – (k) of AMA 2 Puramakau and (e) – (h) of AMA 3 Te Kumara.

Paragraph (f): omit.

Paragraph (g): omit Except as provided for in (f), in and substitute In.

Paragraph (i): omit Clause (b) or Clause (e) and substitute Condition (b) or Condition (e).

Paragraphs (l) and (m): omit.

Second paragraph in paragraph (3): omit Safety Authority and substitute New Zealand.

Second paragraph in paragraph (6): omit convenants,.

Third paragraph: omit paragraph (a).

Third paragraph in paragraph (b): insert Council after is to notify the.

Third paragraph in paragraph (d): omit the Duty Officer at the Maritime Safety Authority and substitute Maritime New Zealand.

Third paragraph in paragraph (d): omit the Nautical Adviser at.

Third paragraph: omit paragraph (e).

Third paragraph after paragraph (f): add:

  • (g) Where the spat catching is to occur in a subzone not used for spat catching in the last five years, no spat catching structures are placed in the water until information to implement Schedule 25.1H has been provided to the Council.

  • (h) Where the spat catching is to occur in a subzone used for spat catching within the last five years, no spat catching structures are to be placed in the water until the consent holder has provided a report to the Council detailing how the effects on the benthic environment from the previous spat catching operations have been dealt with and identifying how those effects from the operation of this consent will be dealt with, to the satisfaction of the Council.

Heading to 25.1.5AA

Omit (Spat Catching).

Rule 25.1.5AA

First paragraph: omit first sentence and paragraphs (i) and (ii) and substitute:

The occupation and disturbance of any site in the coastal marine area by structures, and the use of those structures in subzone (a) AMA 1 Waikato, subzones (a) – (k) AMA 2 Puramakau and subzones (a) – (h) of AMA 3 Te Kumara for mussel spat catching and scallop spat catching, and the activity does not comply with conditions (j) or (k) of Rule 25.1.5;.

First paragraph in second sentence: omit standards and terms and substitute conditions.

First paragraph in paragraph (a): omit , except that this standard shall not apply to mussel spat catching in a mussel farming subzone.

First paragraph: omit paragraphs (c) and (d).

Second paragraph in paragraph (4): omit Safety Authority and substitute New Zealand.

Second paragraph in paragraph (7): omit covenants,.

Third paragraph: omit paragraph (a).

Third paragraph in paragraph (b): insert Council after is to notify the.

Third paragraph in paragraph (d): omit the Duty Officer at the Maritime Safety Authority and substitute Maritime New Zealand.

Third paragraph in paragraph (d): omit the Nautical Adviser at.

Third paragraph: omit paragraph (e).

Third paragraph after paragraph (f): add:

  • (g) Where mussel spat catching is to occur in a subzone not used for mussel spat catching in the last five years, no spat catching structures are placed in the water until information to implement Schedule 25.1H has been provided to the Council.

  • (h) Where spat catching is to occur in a subzone used for spat catching in the last five years, no spat catching structures are placed in the water until the consent holder has provided a report to the Council detailing how the effects on the benthic environment from the previous spat catching operations have been dealt with and identifying how those effects from the operation of this consent will be dealt with, to the satisfaction of the Council.

Rule 25.1.5BB

Omit and substitute:

25.1.5BB Prohibited Activities
  • (a) Scallop and mussel spat catching in subzones (a) – (k) of AMA 2 Puramakau and subzones (a) – (h) of AMA 3 Te Kumara that does not comply with conditions (a) – (i) of Rule 25.1.5 or with Rule 25.1.5AA is a prohibited activity for which no resource consent application will be received or granted. For the avoidance of doubt, this does not preclude an applicant from applying for consent to catch spat across all spat catching subzones in an AMA in successive years, subject to compliance with Rule 25.1.5(b) and (g) in any spat catching season.

  • (b) The catching of spat of species other than scallops or mussels in subzones (a) – (k) of AMA 2 Puramakau and subzones (a) – (h) of AMA 3 Te Kumara is a prohibited activity for which no resource consent application will be received or granted.

  • (c) Aquaculture other than the catching of scallop or mussel spat in subzones (a) – (k) of AMA 2 Puramakau and subzones (a) – (h) of AMA 3 Te Kumara is a prohibited activity for which no resource consent application will be received or granted.

Aquaculture in Subzones (a) – (d) AMA 1 Waikato, Subzones (l) – (g) AMA 2 Puramakau and Subzones (i) – (l) AMA 3 Te Kumara

Note: Catching of spat falls within the definition of ‘aquaculture’ and is therefore provided for under Rules 25.1.5CC – 25.1.5FFA below within subzones (a) – (d) AMA 1 Waikato, subzones (l) – (g) AMA 2 Puramakau and subzones (i) – (l) AMA 3 Te Kumara.

Note: The activities provided for by Rules 25.1.5CC – 25.1.5FFA may also require consent for discharge under Rule 36.2.7A, but note that effects of shell and live organism drop-off, faeces and pseudofaeces are addressed under the rules for occupation of the coastal marine area for the purposes of aquaculture and therefore do not need separate discharge permits.

Rule 25.1.5CC

Heading to Rule 25.1.5CC: omit (Mussel Farming) and substitute (Aquaculture Involving Filter Feeding Bivalves, Including Mussels).

First paragraph: omit mussel farming and substitute aquaculture involving filter feeding bivalves (including mussels).

First paragraph: omit standards and terms and substitute conditions.

First paragraph in paragraph (a): omit in a subzone for mussel farming, being and substitute entirely within any of the following subzones.

First paragraph in paragraph (b): omit comprises mussel farming, which is identified in a whole subzone ecological management plan and substitute is identified in an ecological management plan which has been prepared for the entire subzone and is.

First paragraph in paragraph (c): omit for mussel farming (including any current application if granted) in any mussel farming and substitute in any one.

First paragraph in paragraph (c)(iii): omit mussel.

First paragraph in paragraph (c)(iii): omit block and substitute subzone.

First paragraph: omit paragraphs (f) and (g).

Second paragraph: insert after paragraph (1)(i):

  • (ia) managing risks of incursion, disease, biosecurity risk organisms, and genetic risk to wild stock;.

Second paragraph in paragraph (iii): omit an and substitute consistency with the.

Second paragraph in paragraph (iii): omit whole.

Second paragraph in paragraph (iv): omit mussel farming.

Third paragraph: omit Conditions may be imposed on the following matters over which the Council has reserved control:.

Third paragraph in paragraph (4): omit Safety Authority and substitute New Zealand.

Third paragraph: omit paragraph (5).

Third paragraph in paragraph (7): omit covenants,.

Fourth paragraph: omit paragraph (a).

Fourth paragraph in paragraph (b): insert Council after is to notify the.

Fourth paragraph in paragraph (d): omit the Duty Officer at the Maritime Safety Authority and substitute Maritime New Zealand.

Fourth paragraph in paragraph (d): omit the Nautical Adviser at.

Fourth paragraph: omit paragraph (e).

Fourth paragraph after paragraph (f): add:

  • (g) No structures are placed in the water until baseline information to implement Schedule 25.1H has been provided to the Council.

    For the avoidance of doubt, baseline information is not required for replacement consents where the application site has been farmed within the last five years.

Rules 25.1.5DD and 25.1.5EE

Omit and substitute:

25.1.5DD Restricted Discretionary Activities (Aquaculture Involving Filter Feeding Bivalves, Including Mussels)

The occupation and disturbance of any site in the coastal marine area by structures, and the use of those structures, for aquaculture involving filter feeding bivalves (including mussels) that does not comply with the conditions of Rule 25.1.5CC is a restricted discretionary activity if it complies with the following conditions:

  • (a) The activity occurs entirely within any of the following subzones:

    • (i) subzones (a) – (d) of AMA 1 Waikato;

    • (ii) subzones (l) – (q) of AMA 2 Puramakau;

    • (iii) subzones (i) – (l) of AMA 3 Te Kumara.

  • (b) The activity is identified in an ecological management plan which has been prepared for the entire subzone and is submitted as part of the resource consent application. The ecological management plan must address the matters set out in Schedule 25.1H, including baseline information.

  • (c) Except in AMA 1 Waikato subzone (a) or (b), in any subzone a maximum of 50 hectares farmed at up to the full intensity allowed by the consent, or 75 hectares farmed at up to 67% of that intensity, is allowed as the first stage of development.

    For the avoidance of doubt, and notwithstanding Rule 25.1.5GG, this restriction on initial development does not preclude consent being sought and granted over whole subzones. The progression to subsequent stages within any subzone will be assessed by the Council after the monitoring reports from three years or two growing cycles of the first stage at the full intensity of development allowed by the consent have been reviewed by the Ecological Advisory Group. Full intensity of development allowed by the consent means 50 hectares farmed at full intensity.

  • (d) The activity uses longline structures, incorporating surface buoys.

Note: In circumstances where it is not possible or practicable to farm at full intensity (as per condition (c) of this Rule), parties wishing to progress beyond the first stage of development will need to apply to the consent authority to review the conditions of consent.

A resource consent is required. Consent may be refused or conditions imposed on the following matters over which the Council has reserved its discretion:

  • (1) Ecological effects, including

    • (a) Monitoring to ensure sustainable management of the marine environment at and in the vicinity of the site.

    • (b) Application of available monitoring information through consent conditions and review.

    • (c) Consistency with the ecological management plan for the subzone.

    • (d) Intensity of development.

    • (e) Further development of aquaculture in any subzone.

    • (f) In AMA 1 Waikato subzones (a) and (b), the size of the initial stage of development.

    • (g) Integration with ecological management plans that are relevant for other subzones in the same AMA.

    • (h) Managing risks of incursion, disease, biosecurity risk organisms, and genetic risk to wild stock.

  • (2) Degree of exclusive occupation if sought.

  • (3) Treaty values.

  • (4) Type, size and scale, location, layout, density, and integrity of structures.

  • (5) Natural character and amenity values, including visual and noise effects; except that for mussel farming, this matter is limited to natural character values at AMA 2 Puramakau, subzone (l): see Schedule 25.1I.

  • (6) Navigation, including the form of compliance with Maritime New Zealand guidelines for the marking and lighting of aquaculture structures.

  • (7) Duration of the permit.

  • (8) Financial contributions, bonds, administrative charges.

  • (9) Timing and purpose of reviews of any or all conditions.

In addition, the following standard conditions (to the extent that they are applicable) will be applied to any consent granted under this rule:

  • (a) Where any structure or part of a structure sinks, breaks free or otherwise causes a navigation hazard, steps are taken as soon as practicable to recover, secure, and make safe the structure. The consent holder, or site manager, whoever is first aware of the matter, is to notify the Council Harbourmaster of any such incident as soon as practicable on becoming aware of it.

  • (b) The consent holder removes from the site any structure or material that is superfluous to the activity, including any discarded equipment.

  • (c) The consent holder notifies Maritime New Zealand immediately prior to the placement of structures; and within 24 hours of the placement of structures notifies Land Information New Zealand, and the Council Harbourmaster.

  • (d) The whole or any part of the interest in the coastal permit for the activity may be transferred to any other party. The transferor remains responsible for compliance with the terms and conditions of the permit until written notice of the transfer is given to the Council.

  • (e) Except where aquaculture activities have already commenced, no structures are placed in the water until baseline information to implement Schedule 25.1H has been provided to the Council.

25.1.5EE Discretionary Activities (Aquaculture Involving Extractive Species)

The occupation and disturbance of any site in the coastal marine area by structures, and the use of those structures for:

  • (i) aquaculture involving filter feeding bivalves (including mussels), that does not comply with standard and term (d) of Rule 25.1.5DD; or

  • (ii) aquaculture involving other extractive species

is a discretionary activity if it complies with the following conditions:

  • (a) The activity occurs entirely within any of the following subzones:

    • (i) subzones (a) – (d) of AMA 1 Waikato;

    • (ii) subzones (l) – (q) of AMA 2 Puramakau;

    • (iii) subzones (i) – (l) of AMA 3 Te Kumara

  • (b) No current consent exists for aquaculture involving additive species in that same subzone.

  • (c) Except in AMA 1 Waikato subzone (a), the activity is identified in an ecological management plan which has been prepared for the entire subzone and is submitted as part of the resource consent application. The ecological management plan must address the matters set out in Schedule 25.1H, including baseline information.

  • (d) Except in AMA 1 Waikato subzone (a), in any subzone a maximum of 50 hectares farmed at up to the full intensity allowed by the consent, or 75 hectares farmed at up to 67% of that intensity, is allowed as the first stage of development.

    For the avoidance of doubt, and notwithstanding Rule 25.1.5GG, this restriction on initial development does not preclude consent being sought and granted over whole subzones. The progression to subsequent stages within any subzone will be assessed by the Council after the monitoring reports from three years or two growing cycles of the first stage at the full intensity of development allowed by the consent have been reviewed by the Ecological Advisory Group.

A resource consent is required. Consent may be refused, or conditions imposed. In considering applications and determining conditions, Council will have regard to the following matters as well as other provisions of the Plan and the Act.

  • (1) Ecological effects, including

    • (a) Monitoring to ensure sustainable management of the marine environment at and in the vicinity of the site.

    • (b) Application of available monitoring information through consent conditions and review.

    • (c) Consistency with the ecological management plan for the subzone.

    • (d) Effects of intensity of development.

    • (e) Further development of aquaculture in any subzone.

    • (f) In AMA 1 Waikato subzone (a), the size of the initial stage of development.

    • (g) Integration with ecological management plans that are relevant for other subzones in the same AMA.

    • (h) Managing risks of incursion, disease, biosecurity risk organisms, and genetic risk to wild stock.

  • (2) Degree of exclusive occupation if sought.

  • (3) Treaty values.

  • (4) Type, size and scale, location, layout, density, and integrity of structures.

  • (5) Natural character and amenity values, including visual and noise effects; except that for mussel farming, this matter is limited to natural character values at AMA 2 Puramakau subzone (l); see Schedule 25.1I.

  • (6) Navigation, including the form of compliance with Maritime New Zealand guidelines for the marking and lighting of aquaculture structures.

  • (7) Duration of the permit.

  • (8) Financial contributions, bonds, administrative charges.

  • (9) Timing and purpose of reviews of any or all conditions.

In addition, the following standard conditions (to the extent that they are applicable) will be applied to any consent granted under this rule:

  • (a) Where any structure or part of a structure sinks, breaks free or otherwise causes a navigation hazard, steps are taken as soon as practicable to recover, secure, and make safe the structure. The consent holder, or site manager, whoever is first aware of the matter, is to notify the Council Harbourmaster of any such incident as soon as practicable on becoming aware of it.

  • (b) The consent holder removes from the site any structure or material that is superfluous to the activity, including any discarded equipment.

  • (c) The consent holder notifies Maritime New Zealand immediately prior to the placement of structures; and within 24 hours of the placement of structures notifies Land Information New Zealand, and the Council Harbourmaster.

  • (d) The whole or any part of the interest in the coastal permit for the activity may be transferred to any other party. The transferor remains responsible for compliance with the terms and conditions of the permit until written notice of the transfer is given to the Council.

  • (e) Except where aquaculture activities have already commenced, no structures are placed in the water until baseline information to implement Schedule 25.1H has been provided to the Council.

Rule 25.1.5FF

First paragraph: omit standards and terms and substitute conditions.

Third paragraph in paragraph (b): insert Council after is to notify the.

Third paragraph in paragraph (d): omit the Duty Officer at the Maritime Safety Authority and substitute Maritime New Zealand.

Third paragraph in paragraph (d): omit the Nautical Adviser at.

Third paragraph: omit paragraph (e).

New rule 25.1.5FFA

Insert after rule 25.1.5FF:

25.1.5FFA Discretionary Activities (All Other Aquaculture)

The occupation and disturbance of any site in the coastal marine area by structures, and the use of those structures, for:

  • (i) aquaculture involving additive species; or

  • (ii) aquaculture involving filter feeding bivalves (including mussels) that does not comply with condition (b) of Rule 25.1.5EE; or

  • (iii) aquaculture involving extractive species that does not comply with condition (b) of Rule 25.1.5EE

is a discretionary activity if it complies with the following conditions:

  • (a) The activity occurs entirely within one of the following subzones:

    • (i) subzones (a) – (d) of AMA 1 Waikato;

    • (ii) subzones (l) – (q) of AMA 2 Puramakau;

    • (iii) subzones (i) – (l) of AMA 3 Te Kumara

  • (b) With the exception of aquaculture activities in AMA 1 Waikato subzone (a), the activity is identified in an ecological management plan which has been prepared for the entire subzone and is submitted as part of the resource consent application. The ecological management plan must address the matters set out in Schedule 25.1HA, including baseline information, and must address the independent and cumulative effects of all aquaculture within the subzone.

  • (c) For aquaculture involving additive species in subzones other than AMA 1 Waikato subzone (a):

    • (i) the applicant holds an authorisation to apply for consent, issued by the Council pursuant to Policy 22.1.10C;

    • (ii) a maximum of 10 hectares is allowed as the first stage of development.

      For the avoidance of doubt, and notwithstanding Rule 25.1.5GG, this restriction on development does not preclude consent being sought and granted over the whole area for which an applicant holds an authorisation to apply for consent. The progression of development beyond 10 hectares will be assessed by the Council after the monitoring reports for three years of farming 10 hectares at the full intensity allowed by the consent have been reviewed by an Ecological Advisory Group.

  • (d) For aquaculture involving additive species in AMA 1 Waikato subzone (a):

    • (i) the applicant holds an authorisation to apply for consent, issued by the Council pursuant to Policy 22.1.10C;

    • (ii) the aggregate area authorised by all consents for aquaculture involving additive species within the subzone does not exceed 10 hectares as a first stage of development.

      For the avoidance of doubt, and notwithstanding Rule 25.1.5GG, this restriction on development does not preclude consent being sought and granted over the whole area for which an applicant holds an authorisation to apply for consent. The progression of development beyond the aggregate 10 hectares will be assessed by the Council after the monitoring reports for three years of farming 10 hectares at the full intensity allowed by the consent have been reviewed by an Ecological Advisory Group.

  • (e) For aquaculture involving extractive species in subzones other than AMA 1 Waikato subzone (a), in any subzone a maximum of 50 hectares farmed at up to the full intensity allowed by the consent, or 75 hectares farmed at up to 67% of that intensity, is allowed as the first stage of development.

    For the avoidance of doubt, and notwithstanding Rule 25.1.5GG, this restriction on initial development does not preclude consent being sought and granted over larger areas of subzones. The progression to subsequent stages within any subzone will be assessed by the Council after the monitoring reports from three years or two growing cycles of the first stage at the full intensity of development allowed by the consent have been reviewed by the Ecological Advisory Group.

  • (f) For aquaculture involving extractive species in AMA 1 Waikato subzone (a) the activity occurs on a site that has been farmed pursuant to a marine farm licence or coastal permit that existed on 25 May 1996, for which a new permit is sought.

A resource consent is required. Consent may be refused, or conditions imposed. In considering applications and determining conditions, Council will have regard to the following matters as well as other provisions of the Plan and the Act.

  • (1) Ecological effects, including:

    • (a) water column and benthic effects resulting from the activity, in the vicinity of the site, throughout the subzone, and beyond the AMA.

    • (b) effects of structures on or above the surface of the water.

    • (c) cumulative effects of activities throughout the subzone, adjoining subzones and the wider environment.

    • (d) monitoring to ensure sustainable management of the marine environment.

    • (e) application of available monitoring information through consent conditions and review.

    • (f) consistency with the ecological management plan for the subzone.

    • (g) effects of intensity of development.

    • (h) further development of aquaculture in any subzone.

    • (i) managing risks of incursion, disease, biosecurity risk organisms, and genetic risk to wild stock.

  • (2) Location of different aquaculture activities throughout the subzone, including separation distances.

  • (3) Type, size and scale, appearance, layout, density, and integrity of structures, including any accommodation and feed storage structures, plant and machinery.

  • (4) Any proposed staging of the first stage of development.

  • (5) Hydrodynamic effects.

  • (6) Natural character and amenity values, including visual and noise effects; except that for mussel farming, this matter is limited to natural character values at AMA 2 Puramakau subzone (l); see Schedule 25.1I.

  • (7) Degree of exclusive occupation if sought.

  • (8) Treaty values.

  • (9) Navigation, including the form of compliance with Maritime New Zealand guidelines for the marking and lighting of aquaculture structures.

  • (10) Duration of the permit.

  • (11) Financial contributions, bonds, administrative charges.

  • (12) Timing and purpose of reviews of any or all conditions.

In addition, the following standard conditions (to the extent that they are applicable) will be applied to any consent granted under this rule:

  • (a) Where any structure or part of a structure sinks, breaks free or otherwise causes a navigation hazard, steps are taken as soon as practicable to recover, secure, and make safe the structure. The consent holder, or site manager, whoever is first aware of the matter, is to notify the Council Harbourmaster of any such incident as soon as practicable on becoming aware of it.

  • (b) The consent holder removes from the site any structure or material that is superfluous to the activity, including any discarded equipment.

  • (c) The consent holder notifies Maritime New Zealand immediately prior to the placement of structures; and within 24 hours of the placement of structures notifies Land Information New Zealand, and the Council Harbourmaster.

  • (d) The whole or any part of the interest in the coastal permit for the activity may be transferred to any other party. The transferor remains responsible for compliance with the terms and conditions of the permit until written notice of the transfer is given to the Council.

  • (e) No structures for aquaculture involving additive species are placed in the water until the information to implement Schedule 25.1HA has been provided to the Council.

Rule 25.1.5GG

Omit and substitute:

25.1.5GG Prohibited Activities (Aquaculture other than Spat Catching)

Aquaculture that would otherwise be a restricted discretionary activity or a discretionary activity, that does not comply with:

  • (a) conditions (a), (b), and/or (c) of Rule 25.1.5DD; or

  • (b) conditions (a), (c), and/or (d) of Rule 25.1.5EE; or

  • (c) Rule 25.1.5FF; or

  • (d) Rule 25.1.5FFA

is a prohibited activity for which no resource consent will be received or granted.

Note: Existing TRMP Rule 25.1.5B is a permitted activity rule for the deployment of structures for scientific investigation. This rule would permit control sites for monitoring effects of aquaculture outside the AMAs, without conflicting with prohibited activity Rule 25.1.5GG.

New heading and Rule 25.1.5HH

Insert after rule 25.1.5GG:

Aquaculture in the Aquaculture Exclusion Area
25.1.5HH Prohibited Activities (Aquaculture Exclusion Area)

The occupation and disturbance of any site in the coastal marine area by structures, and the use of those structures for aquaculture in the Aquaculture Exclusion Area (except for the sites of the marine farm licences and coastal permits that existed at Wainui Bay on 25 May 1996) is a prohibited activity for which no resource consent application will be received or granted.

Chapter 25.1.9 Principal Reasons for Rules
  • Second paragraph: omit marine farming area and substitute marine farms area.

    Third paragraph: omit mussel farming, and the catching of mussel and scallop and substitute permanent farming activities, and the catching of.

    Insert after third paragraph:

    As there is uncertainty in relation to the effects on marine ecology of aquaculture activities over extensive areas of Tasman and Golden Bays a cautious and adaptive approach has generally been adopted. Spat catching in specific subzones is provided for on the basis that it is undertaken on a seasonal and rotational basis. For other aquaculture activities the rules provide for the staged uptake of space within the subzones dependent on the results of monitoring effects of the activities prior to expansion. The effects of mussel farming in the region are relatively well known and consequently mussel farming (and farming of other filter feeding bivalves – which are considered to have similar effects to mussels) has been provided with a specific restricted discretionary activity status. Aquaculture involving other extractive species that does not require the addition of material such as feed or therapeutants is provided for through a discretionary activity rule that requires staged development to be undertaken. For species such as, for example, finfish that require addition of material a more cautious approach has been adopted. A limited amount of space will be made available within the subzones through a tendering process to convert existing farms or establish new farms for aquaculture involving additive species. Within this space a limited first stage of development will be provided for, with progression to the full area available under the tender process being guided by the results of monitoring. Ecological Advisory Groups will be established to assist Council in assessing the significance of monitoring results as development proceeds.

    Fifth, sixth, seventh, and eighth paragraphs: omit.

Schedule 25.1H

Heading to Schedule 25.1H: add Involving Extractive Species after Activities.

Third paragraph: omit for mussel farming and substitute for aquaculture involving filter feeding bivalves (including mussels) and other extractive species.

Third paragraph: omit governing mussel farming and substitute governing the activity.

Fourth paragraph: omit for mussel farming.

Item relating to 1. Baseline Assessment and Monitoring in first paragraph: omit spat catching or marine farming.

Item relating to 1. Baseline Assessment and Monitoring in second paragraph: omit marine farming and substitute aquaculture.

Item relating to 2. Monitoring Sites: omit third paragraph and substitute:

Benthic monitoring should include sites directly beneath structures, and sites between structures (noting that, depending on the type of structure, the position of the structure may change with tide and sea conditions). Specific provisions may need to be made for benthic monitoring in relation to growing species such as seaweeds, sponges and sea cucumbers.

Applicants should ensure that an appropriately competent person in assessing the effects of these types of aquaculture species has identified suitable monitoring sites to enable assessment of the effects on benthic sites.

Item relating to 5. Reporting and Assessing Information in first paragraph: omit mussel.

New Schedule 25.1HA

Insert after Schedule 25.1H:

25.1HA Ecological Management Plans and Monitoring Requirements for Aquaculture Activities Involving Additive Species, or Aquaculture Activities Involving Additive and Extractive Species in the Same Subzone

Where aquaculture activities are proposed to occur under Rule 25.1.5FFA, the requirements for an ecological management plan differ from those outlined in Schedule 25.1H above in the type and level of detail required.

The purpose of an ecological management plan required under Rule 25.1.5FFA is to:

  • establish the level of information required for consent applications

  • outline how that information is to be gathered and presented to the Council

  • for aquaculture involving both additive and extractive species in the same subzone, demonstrate to the Council how aquaculture on more than one site in a subzone and involving more than one species can be managed to avoid, remedy or mitigate adverse effects of the individual activity and its cumulative effects with any other aquaculture in the same subzone

  • establish a means of assessing effects of aquaculture involving additive, or additive and extractive species, to inform development of successive stages and ongoing management of the activities through consent conditions.

Aquaculture involving additive species is not currently occurring in Tasman and information on effects and site suitability within the district is limited. Combinations of aquaculture involving additive and extractive species occur in both Marlborough and Southland, but in quite different environmental conditions. The onus will therefore fall on the applicant to provide a sufficient level of information to prove that adverse effects from aquaculture under Rule 25.1.5FFA can be avoided, remedied or mitigated to the satisfaction of the Council.

In the first instance, applicants should refer to Schedule 25.1H for the basic information that should be provided in an ecological management plan. Outlined below are additional matters that should be considered. Ecological management plans for aquaculture involving additive, or additive and extractive species, must be prepared by an appropriately competent person in marine ecology to identify the significance of any effects likely to result from the activity.

Applicants should also demonstrate how management of the proposed farm will be integrated with any existing ecological management plan for any other aquaculture in the same subzone, or for aquaculture in adjacent subzones.

1. Baseline Assessment and Monitoring

As for ecological management plans prepared under Schedule 25.1H, baseline information for aquaculture involving additive species should provide an indication of the existing conditions at the site, in the subzone and at any control sites. This information is needed in order to assess changes likely to result from the establishment of aquaculture involving additive species.

Suitable intervals for repeat monitoring will need to be established and agreed with the Council, dependent on the species that is being grown and the technology used.

A baseline assessment of water and sediment quality and benthic communities will be particularly critical for aquaculture involving additive species in recognition of the potential effects of discharges of feed, therapeutants, waste material and contaminants from anti-fouling protection measures.

The baseline assessment will also need to assess any additional environmental parameters that could be affected by a combination of different types of aquaculture, as opposed to single species.

Refer to Schedule 25.1H for further requirements for baseline assessment and monitoring.

2. Monitoring Sites

At a minimum, the monitoring sites established at the baseline information stage should be as outlined in Schedule 25.1H. Benthic monitoring should include sites directly below the structures as well as within the wider affected area. Monitoring sites adjoining the aquaculture site should be located taking into account the depositional characteristics of and hydrodynamic effects on discharges of contaminants in order to ensure that the maximum area of effect is monitored.

The regional rules retain the possibility that more than one site for aquaculture activities may be able to establish within any subzone, particularly where both additive and extractive species are being farmed in the same subzone. In these situations, control sites for monitoring will need to be located in areas with similar characteristics to the sites where aquaculture is proposed to occur, but beyond the influence of any sites within the same subzone and/or any adjoining subzones. Several types of monitoring sites will be necessary, including sites directly affected by each type of aquaculture, sites affected by a combination of types and locations of aquaculture, and control sites of similar characteristics but completely removed from any influence of aquaculture activities.

3. Monitoring Methods

In general the types of monitoring outlined in section 3 of Schedule 25.1H will also be suitable for monitoring of aquaculture involving additive species, or additive and extractive species.

4. Parameters to be Monitored

The parameters to be monitored should include those listed in Schedule 25.1H. In addition, monitoring should be undertaken of:

  • levels of contaminants arising from feed, therapeutants and anti-fouling treatments

  • any other contaminants specific to aquaculture involving additive species

  • any contaminants and/or effects that arise as a result of interactions between different types of aquaculture.

5. Reporting and Assessing Information

An assessment of the results of monitoring from the first stage of development should be made prior to further development of farming within any subzone, with recommendations for ongoing management of existing activities and/or development of successive stages.

As for mussel farming or aquaculture involving extractive species, the assessment should compare monitoring results with the initial prediction of potential environmental effects provided with the application for the first stage of development, with the baseline information, with the conditions of the consent, and with any other available information about the state of the marine environment.

For a general outline of the requirements of an appropriate assessment, see Schedule 25.1H.

6. Integration of Information

As noted earlier, under Rule 25.1.5FFA more than one discrete site for aquaculture involving additive species may be able to be applied for within a subzone. Integration of information relating to different sites will allow the Council to assess both the individual effects of specific farming sites and the cumulative effects of multiple sites within subzones, adjoining subzones and surrounding coastal waters. This will ensure that the information gathered is relevant over a wide area, and that sufficient information is provided to enable decisions on subsequent applications to be made.

Schedule 25.1.J

Item relating to Composition in paragraph 3 the first bullet point: omit Minister for Conservation, and substitute Minister of Aquaculture (within the meaning of the Resource Management Act 1991), Minister of Conservation,.

New Schedule 25.1.JA

Insert after Schedule 25.1.J:

Schedule 25.1.JA Protocol for Tasman District Council Ecological Advisory Group (EAG) – Aquaculture Involving Extractive or Additive Species (excluding mussels)
Purpose
  • 1. To peer review consent-holder reports on the results of monitoring ecological effects of aquaculture involving extractive or additive species (excluding mussels) in subzones (a) – (d) of AMA 1 Waikato, (l) – (q) of AMA 2 Puramakau, and (i) – (l) of AMA 3 Te Kumara.

  • 2. After reviewing consent-holder monitoring reports, to advise the Council in relation to Council decisions on:

    • the adequacy and appropriateness of the monitoring;

    • whether consent conditions are delivering the intended ecological results; and if not, what matters need to be addressed in revised conditions;

    • the significance of any ecological effects detected by the monitoring;

    • the scale, intensity and timing at which aquaculture involving extractive or additive species (excluding mussels) in these subzones should continue, within the ecological parameters set by the Plan or the consent, or be modified after reviewing monitoring results.

Composition
  • 1. An EAG should consist of a working group of up to three members, to be appointed by Council from a panel of nominees. Separate EAGs may be established by the Council for each different species being farmed.

  • 2. The members of an EAG must have a relevant tertiary qualification and appropriate experience in marine ecology and/or the species being farmed.

  • 3. The members will be appointed by Council after:

    • each of following parties has nominated up to two candidates for inclusion on a panel of potential members: Ngati Tama ki Te Tau Ihu, Te Atiawa ki Te Tau Ihu, Ngati Rarua ki Te Tau Ihu, Minister of Aquaculture (within the meaning of the Resource Management Act 1991), Minister of Conservation, Friends of Nelson Haven and Tasman Bay, Friends of Golden Bay;

    • prior to nominating a candidate, the nominating party has established each candidate’s willingness to participate in an EAG, and confirmed with the Council that the candidate will provide advice to the Council from his or her professional expertise;

    • the Council has sought nominations for up to two candidates from appropriate industry representatives for the species that is being farmed.

  • 4. Membership of an EAG will be reviewed five years after its inauguration, or when any member withdraws from it.

Operation
  • 1. An EAG for aquaculture activities being undertaken subject to Rule 25.1.5DD or Rule 25.1.5EE is required when the holder of a consent for these species wishes to expand the operation beyond the scale of the first stage of development (limited by a consent condition to 50 or 75 hectares); and then only when there are ecological monitoring results after an area of 50 hectares has been farmed at the full intensity allowed by the consent conditions for three years or two growing cycles, whichever is the earliest.

  • 2. An EAG for aquaculture activities being undertaken subject to Rule 25.1.5FFA is required when the holder of a consent wishes to expand the operation beyond the scale of the first 10 hectares of development, and then only when there are ecological monitoring results after that area has been farmed at the full intensity allowed by the consent conditions for a period of three years.

  • 3. The Council will take an EAG’s advice into account in assessing the results of monitoring and in considering the consent holder’s proposals for development beyond the first stage outlined in the relevant rules.

  • 4. Advice from an EAG will be required when the consent holder requests a change to the consent condition restricting development or governing staged development, or when the Council reviews the condition. The monitoring results referred to in (1) and (2) above are a prerequisite for an application to change consent conditions or a review of consent conditions.

  • 5. The members of an EAG will be provided with copies of the ecological monitoring report submitted to Council by or on behalf of a consent holder and will have access to monitoring data on request.

  • 6. An EAG will provide a report to the Council on the implications of the monitoring results for the future development of the specific type of aquaculture that is being assessed and future monitoring obligations.

  • 7. EAG members will invoice Council for time and disbursements incurred in reviewing the monitoring reports and advising Council. Those costs will be passed on to the consent holder concerned, through section 36 monitoring charges.

Chapter 26.2.2

Heading to Chapter 26.2.2: omit Spat Catching and Mussel Farming and substitute Aquaculture.

First paragraph: omit spat catching and mussel farming and substitute aquaculture.

Paragraph (a)(iii): insert stocking after including.

Paragraph (a)(iii): insert and density after intensity.

Paragraph (d): insert and its vicinity after application area.

Paragraph (e)(i): add and/or enhancement after depletion.

Insert after paragraph (e)(i):

  • (ia) water quality, including effects specified in section 107 of the Act;.

Insert after paragraph (e)(iii):

  • (iv) the potential for incursion, predation, disease and genetic risk to wild stock;

  • (v) effects on natural character and amenity values;

  • (vi) effects of density of development;

  • (vii) hydrodynamic effects;

  • (viii) effects on navigation;

  • (ix) cumulative effects.

Insert after paragraph (e):

  • (ea) Where accommodation for workers is proposed, the number of persons likely to be resident and methods of waste collection and disposal.

Paragraph (f): omit mussel farming and substitute the type of aquaculture.

Chapter 35

Second paragraph: omit marine farming and substitute aquaculture.

Item relating to Discharges to the Coastal Marine Area in second paragraph: omit marine farming with and substitute use of.

Policy 35.1.4A

Paragraph (c): add ; and and after insert:

  • (d) discharges of contaminants from aquaculture activities.

Policy 35.1.8

Omit To discourage and substitute Subject to Policy 35.1.8A, to discourage.

New Policy 35.1.8A

Insert after Policy 35.1.8:

35.1.8A
  • To ensure that adverse effects from the discharge of contaminants (including feed and therapeutants) from aquaculture activities on water and sediment quality, ecology, and the benthic environment are avoided, remedied or mitigated.

Chapter 35.1.30 Principal Reasons and Explanation
  • Fifth paragraph: insert and discharges arising from aquaculture activities after hazardous waste discharges.

New rule 36.2.7A

Insert above rule 36.2.8:

36.2.7A Discharges from Aquaculture

The discharge to coastal water of:

  • (a) feed;

  • (b) therapeutants;

  • (c) waste materials;

  • (d) contaminants arising from anti-fouling protection measures; or

  • (e) any other contaminant arising from the activity

is a discretionary activity.

A resource consent is required. Consent may be refused or conditions imposed.

Note: Effects of shell and live organism drop-off, faeces and pseudofaeces are addressed under the rules for occupation of the coastal marine area for the purposes of aquaculture. For the purposes of this rule, this material is not considered to be a contaminant.

New section 2A in Schedule 36.1D

Insert after item relating to 2. Assessment Criteria for Discharges to Water:

2A. Assessment Criteria for Discharges from Aquaculture

Additional criteria:

  • (a) The type, volume, rate and frequency of discharge of any feed, therapeutants, and contaminants arising from anti-fouling protection measures.

  • (b) Persistence and potential bioaccumulation of discharged contaminants in the environment.

  • (c) Amount of nutrient inputs compared to nature and amount of waste material discharged as uneaten feed or faecal waste.

  • (d) Physical conditions, including hydrodynamics, at the proposed site and resultant effects on the dispersion of the discharge.

  • (e) Potential effects of the discharge, either by itself or in combination with any other discharge on aquatic life, and the benthic and wider ecological environment.

  • (f) The setting of limits on nitrogen and other contaminants.

  • (g) The effect of the discharge, after reasonable mixing, either by itself or in combination with any other discharge (including effects outlined in section 107 of the Act), on water quality and any water quality standards specified in any relevant water classification.

  • (h) The effect of the discharge on any other aquaculture activities in the same or adjoining subzones.

  • (i) Mortality rates and proposed procedures for recovering and disposing of dead stock.

  • (j) Adoption of the best practicable option to prevent or minimise any actual or likely adverse effect on the environment of the discharge.

  • (k) Potential effects on amenity values, including production of scums and odour, reduction in water clarity and changes in colour.

Chapter 37.2.1

First paragraph: insert (with the exception of permits for discharges from aquaculture, which are covered under Chapter 37.2.1A) after discharge consent.

New Chapter 37.2.1A

Insert after Chapter 37.2.1:

37.2.1A Discharges from Aquaculture

Applicants for coastal permits for discharges from aquaculture must submit information on matters (a) to (k) below.

  • (a) A description of the proposed activity, including:

    • (i) site identification (latitude and longitude), location of discharge, and the location of monitoring control sites;

    • (ii) species, method, structures and equipment;

    • (iii) site plan and development programme, including stocking intensity and density of structures placement;

    • (iv) type, volume, rate, and frequency of discharges of feed, therapeutants, contaminants arising from anti-fouling protection measures, and any other contaminant arising from aquaculture;

    • (v) composition and origin of feed and therapeutants.

  • (b) A description of the hydrodynamic and hydrographic properties of the site and in its vicinity, including:

    • (i) water depth;

    • (ii) current velocities, over at least one neap/spring tide cycle, and their ability to:

      •  replenish the site with nutrients;

      •  disperse material released by the aquaculture activity;

    • (iii) temperature;

    • (iv) salinity;

    • (v) density;

    • (vi) stratification of any of the above parameters;

    • (vii) general water quality, including the influence of rivers and discharges from land;

    • (viii) wind and wave conditions.

  • (c) A description of the benthic environment and variability within the application area and at monitoring control sites, including:

    • (i) substrate characteristics:

      •  physico-chemical characteristics;

      •  sediment size, type, and variability;

      •  whether it is typical, unusual, or rare.

    • (ii) epifauna and infauna:

      •  distribution and relative abundance of species;

      •  dominant or characteristic species;

      •  vulnerable species, or species under stress;

      •  species of particular ecological value.

  • (d) A description of effects of the activity, including:

    • (i) on water and sediment quality (including effects outlined in section 107 of the Act);

    • (ii) from the interaction between or combinations of discharges of feed, therapeutants, contaminants arising from anti-fouling protection measures and/or other contaminants;

    • (iii) persistence and potential bioaccumulation of contaminants;

    • (iv) deposition of material onto the seabed;

    • (v) on habitat and species;

    • (vi) on natural character and amenity values;

    • (vii) on other aquaculture activities in the same or adjoining subzones;

    • (viii) cumulative effects;

    and including an assessment of the mixing zone and an assessment of the extent to which effects are likely to occur beyond the application site.

  • (e) A description of a monitoring and review process appropriate to the discharge from aquaculture and to the nature of the site, taking into account any prior use of the site for aquaculture activities.

  • (f) An analysis of the best practicable option for preventing or minimising any actual or potential effect of the discharge on the environment.

  • (g) A description of the ways in which the activity will affect Treaty values.

  • (h) Details of any management plan for the operation and maintenance of the discharge including any waste treatment and disposal systems.

  • (i) The proximity of the discharge to any other contaminant discharges in the vicinity affecting the same receiving environment.

  • (j) A description of any possible changes to the nature, volume or rate of the discharge that might result from failure or breakdown of equipment, accidental spill or discharge, natural hazards, and the contingency measures that have been developed to deal with such situations.

  • (k) Details of expected mortality rates and proposed procedures for recovering and disposing of dead stock.

Planning Maps

Special Maps Legend the item relating to Part III – Coastal Marine Area in the first column: omit Mussel Farming and Mussel Spat Catching and substitute Marine Farming and Spat Catching.


Schedule 2
Amendments to Waikato regional coastal plan

s 63

Chapter 6

Second and third paragraphs: omit and substitute:

Marine farming has an established history in the Waikato Region, having been undertaken since the late 1960s. The majority of marine farms are found off the West Coast of the Coromandel Peninsula, offshore between Wilson Bay and Papaaroha, because of the favourable climate and water temperatures, high water quality, nutrient availability and a number of sheltered areas.

The cultivation of marine species uses a variety of different types of structures, including suspended culture from rafts, longlines, sea-cages, inter-tidal racks and bottom sea culture. New forms of technology are continually being explored to increase farming efficiency and capability and to reduce environmental impacts. At present, the two major types of marine farming within the Waikato Region are conventional mussel longlines and inter-tidal oyster rack farms.

Conventional longline mussel farms and other sub-tidal farming, such as for finfish, usually require permanent and relatively deep water in order to achieve optimum growth. Oyster farms are generally established within inter-tidal areas on conventional rack structures.

Fifth paragraph in the second bullet point: insert , uneaten feed, after shell.

Fifth paragraph in the sixth bullet point: insert , effects on sediment quality after farms.

Fifth paragraph after the sixth bullet point: insert:

  • entanglement of marine mammals and birds with structures.

Eighth paragraph: to omit this paragraph and substitute the following paragraph:

Most of the western Coromandel Peninsula coastline has been closed to new marine farm applications since the early 1980s by Gazette notices issued under the Marine Farming Act 1971. Therefore, there are a limited number of marine farms established along this coast. However, demand for space for new marine farming development, including space for the farming of other species, is high and could potentially continue into the future. The careful allocation and management of space for marine farming will be critical to achieving sustainable management of the natural and physical resources of the CMA.

Insert the following paragraphs after the ninth paragraph:

In recognition of this demand, the Coromandel marine farming zone (located within the Hauraki Gulf; refer to Map 13 and Schedule 6 in Appendix III) has been established to provide sufficient area for the commercialisation of fed aquaculture such as the farming of kingfish and hāpuku. This zone is located away from major constraints such as commercial shipping, ferry, and major cruising routes, recreational boating anchorages, and recreational fishing hotspots. The zone has been created following investigations by the National Institute of Water and Atmospheric Research and a report from a Ministerial Advisory Panel appointed by the Minister of Aquaculture.

The zone is located in a deep (30 to 40 metres), well-flushed area where the seafloor is comprised of soft sands and mud that accommodate no known habitats or assemblages of particular ecological or conservation value, that are likely to be adversely affected by marine farming activities within the zone. While public access will be maintained through appropriate parts of the zone, the zone will effectively exclude some users of the coastal marine area such as yachts and commercial fishing. Likewise the presence of marine farm structures within the zone will have an impact on the natural character and visual amenity of the area, although it is considered that the location of the zone reduces landscape effects on land-based observers as the zone is not visible from land at sea level. These potential public access, natural character and visual amenity effects will be managed by conditions on, for example, the vertical height, type and appearance of structures.

Fourteenth paragraph: omit.

Policy 6.1.1

Paragraph 2 second sentence: insert within which the Wilson Bay marine farming zone is located after water body.

Paragraph 2 fourth sentence: insert , principally within specific marine farming zones, after coastal marine area.

New Policies 6.1.1A to 6.1.1D

Insert after Policy 6.1.1:

6.1.1A Policy—Diversification of Aquaculture in the Region

Provide for the diversification of marine farming and the use of multi-trophic farming systems in a way that:

  • (a) safeguards the life-supporting capacity of the environment;

  • (b) is compatible with and does not adversely affect marine farming activities;

  • (c) avoids, as far as practicable, adverse effects on water and sediment quality, indigenous biodiversity, coastal processes, landscape and natural character, and amenity values. Where complete avoidance is not practicable, adverse effects shall be remedied or mitigated; and

  • (d) avoids adverse effects on areas of ecological significance.

Explanation and Principal Reasons for Adopting: Sustaining the life supporting capacity of Tikapa Moana, the Hauraki Gulf, is a matter of national importance and is required to achieve the purposes of the Resource Management Act 1991 and the Hauraki Gulf Marine Park Act 2000. The life supporting capacity of Tikapa Moana includes its ability to provide for social, cultural, spiritual and economic needs. Diversification of aquaculture must also be undertaken in a way that gives effect to the New Zealand Coastal Policy Statement 2010.

Diversification will increase the flexibility and resilience of the industry. Diversification can reduce the risk of farm failure. Failure can occur through adverse seasonal and climatic effects, attack from diseases and pests, and economic factors such as competition and collapse of markets. Such failures would have significant economic and social impacts on the community.

The aquaculture industry in the Waikato region is dominated by mussel farming with oyster farming also making a major contribution. There is potential for many other species, including fish, seaweeds, sponges and other shellfish, to be farmed. In addition, some marine farming systems involve multiple species grown together, which may offset their individual environmental effects. New types of marine farming should be compatible with existing farms and not have adverse effects on them.

The potential for and severity of adverse effects due to marine farming depends on the scale, type and intensity of the farming, and the nature of the environment within which it operates.

6.1.1B Policy – Limits on Fed Aquaculture

Manage fed aquaculture by:

  • (i) within the Firth of Thames, limiting the total net discharge of nitrogen from fed aquaculture to a maximum of 300 tonnes of nitrogen per year;

  • (ii) within the Wilson Bay marine farming zone (as identified in Map 11 and Schedule 6 in Appendix III), restricting fed aquaculture to Area C and giving preference to the use of this area for fed aquaculture; and

  • (iii) within the Coromandel marine farming zone (as identified in Map 13 and Schedule 6 in Appendix III), limiting the total net discharge of nitrogen from fed aquaculture to a maximum of 800 tonnes per year and an associated maximum of 13,600 tonnes of feed discharged per year.

Explanation and Principal Reasons for Adopting: In keeping with the precautionary approach established by Policy 6.1.1, and the guidance provided by Policy 6.1.1A, and the requirements of Policy 6.1.4, new types of aquaculture that involve the discharge of nitrogen into the coastal marine area will only be able to occur on a limited scale in the semi-enclosed waters of the Firth of Thames and on a larger scale outside the Firth.

Marine farms outside the Firth of Thames are not subject to these limits and may apply for consent to carry out new types of aquaculture (including fed aquaculture such as fish farming where water depth is sufficient). These sites will be subject to assessment on their merits guided by the assessment criteria in Rules 16.5.5B and 16.5.5C.

For the purposes of this policy the Firth of Thames is considered to be all the coastal marine area south of a line between Deadmans Point and Orere Point (refer to the Glossary in Appendix VI).

6.1.1C Policy—Extensions to Marine Farms

Where assessment shows that the adverse effects of an authorised marine farm are not significant, provide for small extensions that:

  • (a) avoid adverse effects on areas of ecological significance;

  • (b) maintain access to the shoreline from the coastal marine area;

  • (c) maintain navigational safety and recreational values;

  • (d) maintain natural character and amenity values.

Explanation and Principal Reasons for Adopting: Outside the Wilson Bay Marine Farming Zone there are a number of small marine farms. Small extensions to these farms will allow further development of the marine farming industry in the region, while ensuring that adverse effects can be managed. Policy 6.1.1C, in conjunction with Policy 6.1.1, provides guidance on matters that will be considered when a proposal to extend a marine farm is assessed. Where the adverse effects of a marine farm are significant, a consent application for an extension is likely to be declined. Policy 6.1.1C is implemented through Rule 16.5.5A which relates to applications to extend marine farms with the exception of inter-tidal oyster farms. Extensions to inter-tidal oyster farms (or new farms) will be addressed under Rule 16.5.5.

6.1.1D Policy – Establishment and Management of the Coromandel Marine Farming Zone
  • a) Provide for fed aquaculture in the Coromandel marine farming zone through the provision of space in appropriately deep and well-flushed water while avoiding effects on significant ecological values and significant effects on other users of the coastal marine area.

  • b) Ensure that the Coromandel marine farming zone is used for environmentally sustainable fed aquaculture and any associated multi-trophic aquaculture by:

    • i) allocating space within the zone to the most efficient and effective use of the space in accordance with Method 17.5.2A;

    • ii) requiring staged and adaptive management of the zone in accordance with Policy 6.1.4 and Rule 16.5.8; and

    • iii) requiring consistent monitoring of all farms operating within the zone.

Explanation and Principal Reasons for Adopting: There is demand for the establishment of higher-value aquaculture, in particular the farming of fish such as kingfish and hāpuku. These species require feeding and this introduces environmental effects that require careful management. To optimise the value of these species on global markets they must be produced in an environmentally sustainable manner.

The Coromandel marine farming zone, located within the Hauraki Gulf (refer to Map 13 and Schedule 6 in Appendix III) is considered suitable for fed aquaculture in terms of physical and hydrological characteristics due to the water depth and the nature of the seafloor in that area. As such, marine farming in the zone is considered to be sustainable in terms of its environmental impacts. Its sustainability will be ensured by monitoring and adaptive management including the staging of development. Investigations into this site have indicated that it is an appropriate location for fed aquaculture1.

Policy 6.1.4

Paragraphs (i) and (ii): omit and substitute:

  • (i) in accordance with Policy 6.1.1B, using tendering to allocate space in Area C of the Wilson Bay Marine Farming Zone (as identified in Map 11 in Appendix III); and

  • (ii) using tendering to allocate any space for which consents have lapsed.

Omit the second paragraph and substitute the following paragraphs:

Explanation and Principal Reasons for Adopting: The western coast of the Coromandel Peninsula is subject to a high demand for space for marine farming, and there is limited suitable space available for marine farming in other parts of the Region. To avoid the adverse effects of marine farms on the coastal environment as far as possible, sporadic developments will be avoided and the appropriate use of any space allocated for marine farming will be encouraged. Thus, on the western coast of the Coromandel Peninsula, marine farming zones have been identified (known as the Wilson Bay and Coromandel marine farming zones, refer to the marine farming zone maps and schedules in Appendix III) within which marine farms will be located.

Tendering (under subpart 1, Part 7A of the RMA) will be used as a method to efficiently allocate space for marine farming in Area C of the Wilson Bay Zone. In accordance with Policies 6.1.1B and 6.1.1D, in Area C of the Wilson Bay and the Coromandel marine farming zones preference will be given to fed aquaculture in allocating the space. Tendering will also be used if, for any reason, a consent for an authorised marine farm lapses.

Policy 6.1.4 therefore promotes the sustainable management of coastal resources within the CMA including providing for the efficient use and development of coastal resources (s7(b) RMA), throughout the Region.

New heading above Rule 16.5.4

Insert above Rule 16.5.4:

Marine Farming within Wilson Bay Zone.

Heading to Rule 16.5.4 omit within the Marine Farming Zone and substitute in Wilson Bay Zone Areas A and B.

Omit first paragraph and substitute:

The erection, placement, use of, or occupation of space by any conventional longline marine farming structure and associated discharges to water and air, and disturbance of and deposition on seabed, in Area A or Area B of the marine farming zone as shown on Map 11 in Appendix III of the Plan, for the purpose of marine farming, is a controlled activity provided it complies with the standards and terms stated in this Rule.

First paragraph relating to Principal Reasons for Adopting: omit currently.

First paragraph relating to Principal Reasons for Adopting: omit , and is aligned to the current areas approved for marine farming in the Wilson Bay area.

Item relating to Advisory Notes in fifth bullet point: omit Aquaculture can only occur within an Aquaculture Management Area described in the Regional Coastal Plan..

New Rules 16.5.4A to 16.5.4C

Insert after Rule 16.5.4:

16.5.4A Other Marine Farm Structures in Wilson Bay Zone Areas A and B (Discretionary Activity)

The erection, placement, use of, or occupation of space by any marine farming structure (excluding conventional longlines) and associated discharges to water and air, and disturbance of and deposition on the seabed, in Area A or Area B of the marine farming zone as shown on Map 11 in Appendix III of the Plan, for the purpose of marine farming, is a discretionary activity provided it complies with the standards and terms stated in this Rule.

Standards and Terms
  • i) The activity occurs within an authorised marine farm.

  • ii) No fed aquaculture shall occur, and no medicinal compounds shall be added to the water.

  • iii) The applicant shall submit as part of the resource consent application a baseline survey and a proposed monitoring programme that addresses the matters set out in Appendix IA of this Plan.

Assessment Criteria

In assessing any application, regard shall be had to:

  • i) the Decision-Making Criteria and Considerations which are set out in Appendix II of this Plan, and which are relevant to this activity;

  • ii) the potential for genetic effects on the wild population as a result of the presence of the farmed stock;

  • iii) the potential for parasites and/or diseases to be introduced and their potential transmission between farmed stock and wild populations;

  • iv) the extent to which the activity will adversely affect any conservation value within the ASCV areas as marked on the maps in Appendix III and described in Appendix IV of this Plan or affect indigenous biodiversity, including any area of significant indigenous vegetation or significant habitat of indigenous fauna;

  • v) the adequacy of the proposed environmental monitoring programme, marine mammal and bird interaction management plan, and disease management plan (as per the Information Requirements set out in Appendix I); and

  • vi) the adequacy of any development plan, including proposals for staged development.

Conditions will be imposed in respect of, but not limited to, the following matters:
  • i) integrity of the structure and associated anchoring and mooring systems;

  • ii) navigation lighting, buoyage and beaconage requirements;

  • iii) provision of written notice to Land Information New Zealand and Maritime New Zealand;

  • iv) provision of bonds or other suitable security in favour of Waikato Regional Council in respect of the likely costs of removal of the structure;

  • v) removal of the structure on expiry of the consent (if no further consent has been applied for or granted);

  • vi) provision of information to the Waikato Regional Council with respect to the final location of the structure;

  • vii) environmental monitoring to be undertaken sufficient to demonstrate the environmental effects associated with the use of the structure;

  • viii) reporting of stock escapes, measures taken to recapture escaped stock, and prevention of further escapes;

  • ix) reporting of pest or disease outbreaks and measures taken to control them;

  • x) reporting of interactions with or entanglements of marine mammals, and seabird mortalities;

  • xi) location of landing, loading and unloading activities associated with the operation of the marine farm; and

  • xii) timing and purpose of reviews of any or all conditions in accordance with Section 128 of the Resource Management Act 1991.

Principal Reasons for Adopting

Rule 16.5.4A provides for the establishment of new types of aquaculture in Areas A and B of the Wilson Bay Zone, provided that it occurs on authorised farms and that no fed aquaculture occurs. By allowing consent applications for structures other than conventional longlines the Council can provide for diversification of marine farming within the Wilson Bay Zone, consistent with Policy 6.1.1A.

Advisory Notes:
  •  Any person carrying out aquaculture activities must register with the Ministry of Fisheries.

  •  In addition to any reporting requirements imposed as a condition of consent, other legislation such as the Marine Mammals Protection Act 1978 and Biosecurity Act 1993 may require the consent holder to notify other agencies in specified circumstances.

16.5.4B Marine Farming in Wilson Bay Zone Area C (Discretionary Activity)

The erection, placement, use of, or occupation of space by any marine farming structure and associated discharges to water and air (but excluding the discharge of feed and medicinal or therapeutic compounds), and disturbance of and deposition on the seabed, in Area C of the marine farming zone as shown on Map 11 in Appendix III of the Plan, for the purpose of marine farming, is a discretionary activity provided it complies with the standards and terms stated in this Rule.

NB: Discharges of feed, medicinal or therapeutic compounds require a separate consent under Rule 16.5.4C.

Standards and Terms
  • i) The consent applicant holds an authorisation to apply for a coastal permit to occupy space within Area C of the Wilson Bay Zone, issued by the Waikato Regional Council pursuant to Policy 6.1.4(i).

  • ii) The applicant shall submit as part of the resource consent application a baseline survey and a proposed monitoring programme that addresses the matters set out in Appendix IA of this Plan.

Assessment Criteria

In assessing any application, regard shall be had to:

  • i) the Decision-Making Criteria and Considerations which are set out in Appendix II of this Plan, and which are relevant to this activity;

  • ii) the potential for genetic effects on the wild population resulting from escapees and/or interbreeding;

  • iii) the potential for parasites and/or diseases to be introduced and their potential transmission between farmed stock and wild populations;

  • iv) the extent to which the activity will adversely affect any conservation value within the ASCV areas as marked on the maps in Appendix III and described in Appendix IV of this Plan or affect indigenous biodiversity, including any area of significant indigenous vegetation or significant habitat of indigenous fauna; and

  • v) the adequacy of the proposed environmental monitoring programme, marine mammal and bird interaction management plan, and disease management plan (as per the Information Requirements set out in Appendix I); and

  • vi) the adequacy of any development plan, including proposals for staged development.

Conditions will be imposed in respect of, but not limited to, the following matters:
  • i) integrity of the structure and associated anchoring and mooring systems;

  • ii) navigation lighting, buoyage and beaconage requirements;

  • iii) provision of written notice to Land Information New Zealand and Maritime New Zealand;

  • iv) provision of bonds or other suitable security in favour of Waikato Regional Council in respect of the likely costs of removal of the structure;

  • v) removal of the structure on expiry of the consent (if no further consent has been applied for or granted);

  • vi) provision of information to the Waikato Regional Council with respect to the final location of the structure;

  • vii) environmental monitoring to be undertaken sufficient to demonstrate the environmental effects associated with the use of the structure;

  • viii) reporting of stock escapes, measures taken to recapture escaped stock, and prevention of further escapes;

  • ix) reporting of pest or disease outbreaks and measures taken to control them;

  • x) reporting of interactions with or entanglements of marine mammals, and seabird mortalities;

  • xi) location of landing, loading and unloading activities associated with the operation of the marine farm; and

  • xii) timing and purpose of reviews of any or all conditions in accordance with Section 128 of the Resource Management Act 1991.

Principal Reasons for Adopting

Rule 16.5.4B provides for the establishment of aquaculture within Area C of the Wilson Bay Zone. In accordance with Policy 6.1.4(i), tendering will be used to allocate space within Area C of the Wilson Bay Zone, and it is therefore a requirement that consent applicants under Rule 16.5.4B hold an authorisation to apply for a coastal permit to occupy space.

16.5.4C Discharge of Feed, Medicines and Therapeutic Compounds Associated with Marine Farming in Area C of Wilson Bay Zone (Discretionary Activity)

The discharge of any feed, medicine or therapeutic compound into the CMA associated with marine farming activities in Area C of the marine farming zone as shown on Map 11 in Appendix III of the Plan is a discretionary activity provided it complies with the standards and terms stated in this Rule.

Standards and Terms
  • i) The total net discharge of nitrogen authorised by all consents (including any current application if granted) shall not exceed 300 tonnes per year.

  • ii) The consent applicant holds an authorisation to apply for a coastal permit to occupy space within Area C of the Wilson Bay Zone under Rule 16.5.4B, issued by the Waikato Regional Council pursuant to Policy 6.1.4(i).

  • iii) Fed aquaculture shall only be located at sites where there is a minimum water depth of 20 metres (relative to chart datum) at all parts of the site.

  • iv) The applicant shall submit as part of the resource consent application a baseline survey and a proposed monitoring programme that must address the matters set out in Appendix IA of this Plan.

Assessment Criteria

In assessing any application, regard shall be had to:

  • i) the Decision-Making Criteria and Considerations which are set out in Appendix II of this Plan, and which are relevant to this activity;

  • ii) the flushing characteristics of the site (including water depth, residual currents and clearance between the structures and the seafloor);

  • iii) the extent to which the activity will adversely affect any conservation value within the ASCV areas as marked on the maps in Appendix III and described in Appendix IV of this Plan or affect indigenous biodiversity, including any area of significant indigenous vegetation or significant habitat of indigenous fauna;

  • iv) the extent to which the discharge (either by itself or in combination with other discharges) will or is likely to result in any adverse effects (including bio-accumulative effects) on flora, fauna, kaimoana or on any other marine farms;

  • v) the adequacy of the proposed environmental monitoring programme; and

  • vi) the adequacy of any development plan including proposals for staged development.

Conditions will be imposed in respect of, but not limited to, the following matters:
  • i) environmental monitoring to be undertaken;

  • ii) reporting of the quantities of feed discharged into the coastal marine area and its nutrient content, addition of stock, stock harvesting, and removal of stock mortalities from the farm area;

  • iii) reporting of the timing, types, quantity and method of discharge of medicinal and therapeutic compounds into the coastal marine area; and

  • iv) timing and purpose of reviews of any or all conditions in accordance with section 128 of the Resource Management Act 1991.

Principal reasons for adopting

Several types of marine farming involve feeding of the stock and may require the use of medicines to manage pests and diseases. The discharge of such compounds raises additional matters that require assessment at the consenting stage.

Consistent with Policy 6.1.1B marine farming involving the feeding of stock and/or the discharge of any medicine or therapeutic compound within the Wilson Bay Zone and the Firth of Thames will be restricted in order to ensure that effects on nutrient levels within this semi-enclosed body of water are minimised. Rule 16.5.4C applies to marine farming within the Wilson Bay Zone2 only. Rule 16.5.5C applies to any other marine farming that occurs within the Firth of Thames.

Intensive marine farming is susceptible to the transmission of pests and diseases from wild populations. As well as affecting production, this can have animal health and welfare implications for the farm stock and act as a reservoir for the re-infection of the wild population. If the infection cannot be managed by active husbandry techniques, such as rotating stock and fallowing sites, it may be appropriate to treat the farmed animals with medicines and other therapeutic compounds. The potential environmental effects of the treatment and potential impacts on neighbouring marine farms will require assessment.

Advisory Note:
  •  Any medicine or therapeutic compound must have been approved for use under the Agricultural Compounds and Veterinary Medicines Act 1997.

New heading above Rule 16.5.5

Insert above rule 16.5.5:

Marine Farming Activities outside the Wilson Bay and the Coromandel Marine Farming Zones
New Rules 16.5.5A to 16.5.5E

Insert after Rule 16.5.5:

16.5.5A Extensions of Marine Farms (Discretionary Activity)

The erection, placement, use of, and occupation of space associated with the extension of any marine farming structure and/or area of the CMA occupied by a marine farm (excluding conventional inter-tidal oyster farming rack structures), and any associated discharges to water and air (but excluding the discharge of feed and medicinal or therapeutic compounds), and disturbance of and deposition on seabed, for the purpose of marine farming, is a discretionary activity provided it complies with the standards and terms stated in this Rule.

NB: This Rule does not authorise the discharge of any feed, medicinal or therapeutic compounds. These require a separate consent under Rule 16.5.5C.

Standards and Terms
  • i) The marine farming structure is not located in the Wilson Bay or Coromandel marine farming zone as shown on the marine farming maps in Appendix III of the Plan.

  • ii) The extension is proposed to be undertaken by the consent holder for the marine farm that is proposed to be extended.

  • iii) The extension adds no more than one hectare or 10 percent to the authorised area of the marine farm that is proposed to be extended, whichever is the greater.

  • iv) The marine farm has not been granted consent to extend in the previous five years.

  • v) Either:

    • (a) The area subject to application is not a previous extension of a marine farm; or

    • (b) If the area is a previous extension, a period of 5 years has elapsed since the consent for the extension was first granted.

  • vi) The extension is contiguous with the marine farm that is proposed to be extended.

  • vii) The applicant shall submit as part of the resource consent application a baseline survey and a proposed monitoring programme that addresses the matters set out in Appendix IA of this Plan.

  • viii) A separation distance of at least 50 metres is maintained between the extension and any other marine farm, and of at least 50 metres between the extension and mean low water.

Assessment Criteria

In assessing any application, regard shall be had to:

  • i) the structure shall not be located in any area identified by the tangata whenua as waahi tapu;

  • ii) the decision-making criteria listed in Appendix II that are relevant to this activity;

  • iii) the extent of compliance with the conditions of the consent for the marine farm;

  • iv) the layout of the proposed extension;

  • v) the potential effects of the extension on hydrodynamics, water quality, benthic characteristics, and ecology and compared to the authorised marine farming site;

  • vi) the extent to which the activity will adversely affect any conservation value within the ASCV areas as marked on the ASCV Maps in Appendix III and described in Appendix IV of this Plan or indigenous biodiversity, including any areas of significant indigenous vegetation or significant habitat of indigenous fauna;

  • vii) separation distances;

  • viii) the potential cumulative effects resulting from granting the extension may have on the coastal environment; and

  • ix) the adequacy of the proposed environmental monitoring programme.

Conditions will be imposed in respect of, but not limited, to the following matters:
  • i) integrity of the structure and associated anchoring and mooring systems;

  • ii) navigation lighting, buoyage and beaconage requirements;

  • iii) provision of written notice to Land Information New Zealand and Maritime New Zealand;

  • iv) provision of bonds or other suitable security in favour of Waikato Regional Council in respect of the likely costs of removal of the structure;

  • v) removal of the structure on expiry of the consent (if no further consent has been applied for or granted);

  • vi) provision of information to the Waikato Regional Council with respect to the final location of the structure;

  • vii) environmental monitoring to be undertaken sufficient to demonstrate the environmental effects associated with the use of the structure;

  • viii) the expiry date, including desirability of alignment with the expiry date of the consent for the authorised marine farm; and

  • ix) timing and purpose of reviews of any or all conditions in accordance with Section 128 of the Resource Management Act 1991.

Principal Reasons for Adopting: This rule provides for small extensions of marine farms where adverse effects can be appropriately avoided, remedied or mitigated. Conventional intertidal oyster farms are excluded from the rule as Rule 16.5.5 provides for both new farms and extensions of farms.

Small extensions are defined as an addition of 1 hectare or 10 percent of the size of the marine farm that is proposed to be extended. Applications for extensions are only able to be made every five years in order to further limit the potential for adverse effects on the environment. In order to keep effects within a relatively limited area, extensions must also be contiguous with the authorised area of the farm.

As many of the farms were developed prior to RMA requirements, before a farm can extend information is required on the effects of marine farming on the surrounding area. Where effects are significant, consent for any extension may be declined.

For the avoidance of doubt, when consents granted under this rule expire, replacement consents are to be sought under Rule 16.5.5B.

16.5.5B Marine Farming Structures (Discretionary Activity)

The erection, placement, use of, and occupation of space by any marine farming structure not provided for by Rules 16.5.1 – 16.5.5A and Rule 16.5.5D, and any associated discharges to water and air (but excluding the discharge of feed and medicinal or therapeutic compounds), and disturbance of and deposition on the seabed, for the purpose of marine farming, is a discretionary activity provided it complies with the standards and terms stated in this Rule.

NB: Discharges of feed, medicinal or therapeutic compounds require a separate consent under Rule 16.5.5C.

Standards and Terms
  • i) The activity is not located in the Wilson Bay Marine Farming Zone as shown on Map 11 in Appendix III of the Plan.

  • ii) The activity occurs within an authorised marine farm.

  • iii) Fed aquaculture within the Firth of Thames shall only be located at sites where there is a minimum water depth of 20 metres (relative to chart datum) at all parts of the site.

  • iv) Fed aquaculture outside the Firth of Thames shall only be located at sites where:

    • (a) For finfish, there is a minimum water depth of 20 metres (relative to chart datum) at all parts of the site;

    • (b) For all other fed aquaculture species, there is a minimum water depth of 10 metres (relative to chart datum) at all parts of the site.

  • v) The applicant shall submit as part of the resource consent application a baseline survey and a proposed monitoring programme that addresses the matters set out in Appendix IA of this Plan.

Assessment Criteria

In assessing any application, regard shall be had to:

  • i) the structure shall not be located in any area identified by the tangata whenua as waahi tapu;

  • ii) the Decision-Making Criteria and Considerations which are set out in Appendix II of this Plan, and which are relevant to this activity;

  • iii) the potential for genetic effects on the wild population resulting from escapees and/or interbreeding;

  • iv) the potential for parasites and/or diseases to be introduced and their potential transmission between farmed stock and wild populations;

  • v) the extent to which the activity will adversely affect any conservation value within the ASCV areas as marked on the maps in Appendix III and described in Appendix IV of this Plan or affect indigenous biodiversity, including any area of significant indigenous vegetation or significant habitat of indigenous fauna;

  • vi) the adequacy of the proposed environmental monitoring programme, marine mammal and bird interaction management plan, and disease management plan (as per the Information Requirements set out in Appendix I); and

  • vii) the adequacy of any development plan including proposals for staged development.

Conditions will be imposed in respect of, but not limited to, the following matters:
  • i) integrity of the structure and associated anchoring and mooring systems;

  • ii) navigation lighting, buoyage and beaconage requirements;

  • iii) provision of written notice to Land Information New Zealand and Maritime New Zealand;

  • iv) provision of bonds or other suitable security in favour of Waikato Regional Council in respect of the likely costs of removal of the structure;

  • v) removal of the structure on expiry of the consent (if no further consent has been applied for or granted);

  • vi) provision of information to the Waikato Regional Council with respect to the final location of the structure;

  • vii) environmental monitoring to be undertaken sufficient to demonstrate the environmental effects associated with the use of the structure;

  • viii) reporting of stock escapes, measures taken to recapture escaped stock, and prevention of further escapes;

  • ix) reporting of pest or disease outbreaks and measures taken to control them;

  • x) reporting of interactions with or entanglements of marine mammals, and seabird mortalities;

  • xi) location of landing, loading and unloading activities associated with the operation of the marine farm; and

  • xii) timing and purpose of reviews of any or all conditions in accordance with Section 128 of the Resource Management Act 1991.

Principal Reasons for Adopting: Rule 16.5.5B provides for the establishment of new types of aquaculture within Waikato outside the Wilson Bay Zone, provided that it occurs within authorised marine farms. Marine farming within the Wilson Bay Zone is covered by Rules 16.5.4 – 16.5.4C. Applications for fed aquaculture will be assessed on their merits.

Advisory Notes:
  •  Any person carrying out aquaculture activities must register with the Ministry of Fisheries.

  •  In addition to any reporting requirements imposed as a condition of consent, other legislation such as the Marine Mammals Protection Act 1978 and Biosecurity Act 1993 may require the consent holder to notify other agencies in specified circumstances.

16.5.5C Discharge of Feed, Medicines and Therapeutic Compounds Associated with Marine Farming outside the Wilson Bay Zone (Discretionary Activity)

The discharge of any feed, medicine or therapeutic compound into the CMA associated with marine farming activities (excluding discharges provided for by Rules 16.5.4C and 16.5.5E) is a discretionary activity provided it complies with the standards and terms stated in this Rule.

Standards and Terms
  • i) The discharge is not located in the Wilson Bay Marine Farming Zone as shown on Map 11 in Appendix III of the Plan.

  • ii) Fed aquaculture within the Firth of Thames shall only be located at sites where there is a minimum water depth of 20 metres (relative to chart datum) at all parts of the site.

  • iii) Fed aquaculture outside the Firth of Thames shall only be located at sites where:

    • (a) For finfish, there is a minimum water depth of 20 metres (relative to chart datum) at all parts of the site;

    • (b) For all other fed aquaculture species, there is a minimum water depth of 10 metres (relative to chart datum) at all parts of the site.

  • iv) The applicant shall submit as part of the resource consent application a baseline survey and a proposed monitoring programme that must address the matters set out in Appendix IA of this Plan.

Assessment Criteria

In assessing any application, regard shall be had to:

  • i) the discharge shall not be located in any area identified by the tangata whenua as waahi tapu;

  • ii) the Decision-Making Criteria and Considerations which are set out in Appendix II of this Plan, and which are relevant to this activity;

  • iii) the flushing characteristics of the site (including water depth, residual currents and clearance between the structures and the seafloor);

  • iv) the extent to which the activity will adversely affect any conservation value within the ASCV areas as marked on the maps in Appendix III and described in Appendix IV of this Plan or affect indigenous biodiversity, including any area of significant indigenous vegetation or significant habitat of indigenous fauna;

  • v) the extent to which the discharge (either by itself or in combination with other discharges) will or is likely to result in any adverse effects (including bio-accumulative effects) on flora, fauna, kaimoana or on any other marine farms;

  • vi) the adequacy of the proposed environmental monitoring programme; and

  • vii) the adequacy of any development plan including proposals for staged development.

Conditions will be imposed in respect of, but not limited to, the following matters:
  • i) environmental monitoring to be undertaken;

  • ii) reporting of the quantities of feed discharged into the coastal marine area and its nutrient content, addition of stock, stock harvesting, and removal of stock mortalities from the farm area;

  • iii) reporting of the timing, types, quantity and method of discharge of medicinal and therapeutic compounds into the coastal marine area; and

  • iv) timing and purpose of reviews of any or all conditions in accordance with section 128 of the Resource Management Act 1991.

Principal Reasons for Adopting: Some types of marine farming involve the feeding of the stock and may require the use of medicines to manage pests and diseases. The discharge of such compounds raises additional matters that require assessment at the consenting stage.

Intensive marine farming is susceptible to the transmission of pests and diseases from wild populations. As well as affecting production, this can have animal health and welfare implications for the farm stock and act as a reservoir for the re-infection of the wild population. If the infection cannot be managed by active husbandry techniques, such as rotating stock and fallowing sites, it may be appropriate to treat the farmed animals with medicines and other therapeutic compounds. The treatments used will have to be approved under other legislation relating to food safety and veterinary medicines. The potential environmental effects of the treatment and potential impacts on neighbouring marine farms will require assessment.

Advisory Notes:
  •  Any medicine or therapeutic compound must have been approved for use under the Agricultural Compounds and Veterinary Medicines Act 1997.

Marine Farming within the Coromandel Marine Farming Zone
16.5.5D Marine Farm Structures within Coromandel Marine Farming Zone (Discretionary Activity)

The erection, placement, use of, or occupation of space by, any marine farming structure within the marine farming zone as shown on Map 13 in Appendix III of this Plan and associated discharges to water and air (but excluding the discharge of feed and medicinal or therapeutic compounds), and disturbance of and deposition on the seabed for the purpose of marine farming, is a discretionary activity provided it complies with the standards and terms stated in this Rule.

NB: Discharges of feed, medicinal or therapeutic compounds require a separate resource consent under Rule 16.5.5E.

Standards and Terms
  • i) The applicant holds a current authorisation issued by the Waikato Regional Council pursuant to Method 17.5.2A or a current authorisation granted as a settlement asset to apply for a coastal permit to occupy space within the zone.

  • ii) The application is consistent with the applicant's tender as accepted by the Waikato Regional Council or any agreement negotiated under section 165X of the Resource Management Act 1991 under Method 17.5.2A or a current authorisation granted as a settlement asset and approved by the Waikato Regional Council.

  • iii) The applicant has submitted, as part of the resource consent application for this activity, a baseline survey and a proposed monitoring programme that addresses the matters set out in Appendix IA of this Plan.

  • iv) The application is not for the farming of unfed shellfish except as part of a multi-trophic farming system including fed aquaculture.

Assessment Criteria

In assessing any application, regard shall be had to:

  • i) the Decision-Making Criteria and Considerations which are set out in Appendix II of this Plan, and which are relevant to this activity;

  • ii) the potential for genetic effects on wild populations resulting from escapees and/or interbreeding;

  • iii) the potential for parasites and/or diseases to be introduced and their potential transmission between farmed stock and wild populations;

  • iv) the extent to which the activity will affect indigenous biodiversity, including any area of significant indigenous vegetation or significant habitat of indigenous fauna;

  • v) the matters considered by a Ministerial Advisory Panel on the Coromandel marine farming zone3;

  • vi) the extent to which the baseline survey and proposed environmental monitoring programme meet or exceed the guidance provided in Appendix IA, including consistency of approach with other consent holders in relation to addressing potential cumulative effects within the zone;

  • vii) the adequacy of the proposed marine mammal and bird interaction management plan, and disease management plan required under Appendix I of this Plan; and

  • viii) the adequacy of any development plan, including proposals for staged and/or adaptive development.

Conditions will be imposed in respect of, but not limited to, the following matters:
  • i) Integrity of the structure and associated anchoring and mooring systems;

  • ii) Navigation lighting, buoyage and beaconage requirements;

  • iii) Provision of written notice to Land Information New Zealand and Maritime New Zealand;

  • iv) Provision of bonds or other suitable security in favour of Waikato Regional Council in respect of the likely costs of removal of the structure;

  • v) Removal of the structure on expiry of the consent (if no further consent has been applied for or granted);

  • vi) Provision of information to the Waikato Regional Council with respect to the final location of the structure;

  • vii) Environmental monitoring to be undertaken sufficient to demonstrate the environmental effects associated with the use of the structure;

  • viii) Reporting of stock escapes, measures taken to recapture escaped stock, and prevention of further escapes;

  • ix) Reporting of pest or disease outbreaks and measures taken to control them;

  • x) Interactions with or entanglements of marine mammals and seabird mortalities;

  • xi) Location of landing, loading and unloading activities associated with the operation of the marine farm;

  • xii) Adaptive management in order to address adverse effects on the environment, including measures such as, but not limited to, reducing production capacity or area of cages; and

  • xiii) Timing and purpose of reviews of any or all conditions in accordance with section 128 of the Resource Management Act 1991.

Reasons for Adopting: Rule 16.5.5D provides for the establishment of fed aquaculture and multi-trophic aquaculture within the Coromandel marine farming zone given the provisions of Policy 6.1.1D. Consistent with Policies 6.1.1D and 6.1.4(i), tendering will be used to allocate space within the zone, and it is therefore a requirement that applicants under this Rule hold an authorisation to apply for a coastal permit to occupy space. Applications for unfed shellfish farming that is not part of a multi-trophic proposal that includes fed aquaculture cannot be made within the Coromandel marine farming zone.

16.5.5E Discharge of Feed, Medicines and Therapeutic Compounds Associated with Marine Farming within Coromandel Marine Farming Zone (Restricted Discretionary Activity)

The discharge of any feed, medicine or therapeutic compound into the coastal marine area associated with marine farming activities located within the Coromandel marine farming zone, and any associated deposition of fish wastes, is a restricted discretionary activity provided it complies with the standards and terms stated in this Rule.

Standards and Terms
  • i) The applicant holds or has applied for a consent under Rule 16.5.5D for the same farm site.

  • ii) The amount of net nitrogen and feed discharge authorised by the consent will be a proportion of the total allowed in the zone, equivalent to the proportion of the area of the zone that the proposed farm will occupy.

  • iii) The cumulative total net nitrogen discharge within the Coromandel marine farming zone shall not exceed 800 tonnes per year and the cumulative total feed discharge shall not exceed 13,600 tonnes per year.

Extent of Discretion

The matters to which the Waikato Regional Council will restrict the exercise of its discretion are:

  •  The extent to which the discharge is likely to cause the production of conspicuous oil, grease films, scums, foams, or floatable suspended materials.

  •  The ecological toxicity, persistence and bio-accumulations potential of any discharged compound or contaminants derived from them (individually and in combination) to any species potentially exposed.

  •  The effect of the discharge, and any contaminants derived from it, and any associated fish wastes (either by itself or in combination with other discharges) on aquatic life, kaimoana or on other marine farms.

  •  The effect of the discharge, and any contaminants derived from it, and any associated fish wastes on sediment quality and water quality, including colour, clarity and odour.

  •  The solubility of any discharged compound and contaminants derived from it.

  •  The extent to which adverse effects on water and sediment quality will impact on other activities, in particular marine farming.

  •  Demonstration that the volume and level of discharge has been minimised to the greatest extent possible.

  •  Mechanisms for modifying or changing the medicines or therapeutics to be used within the farm.

  •  The adequacy of the proposed disease management plan.

  •  The proposed adaptive management regime.

  •  The proposed environmental monitoring programme in relation to its ability to address the standards and terms of this Rule.

  •  Whether or not a consent has been granted under Rule 16.5.5D that relates to the same part of the coastal marine area.

  •  The consistency of the proposed activity with the objectives and policies of this Plan.

  •  The imposition of a condition relating to the review of any or all conditions.

Conditions will be imposed in respect of, but not limited to, the following matters:
  • i) The staging of development consistent with Rule 16.5.8;

  • ii) The type, volume, rate and frequency of discharges of feed, medicinal or therapeutic compounds; and

  • iii) Timing and purpose of reviews of any or all conditions in accordance with section 128 of the Resource Management Act 1991.

Principal Reasons for Adopting: Some types of marine farming involve the feeding of the stock and may require the use of therapeutic compounds and medicines to manage pests and diseases. Although the Coromandel marine farming zone is characterised by deep and well-flushed water, and is therefore considered an appropriate area for the establishment of fed aquaculture, it is still important that the potential effects of these discharges are assessed and, where appropriate, managed through the imposition of conditions.

Fed aquaculture will result in increased deposition of faeces on the seafloor. Poor management will also result in excessive quantities of feed being deposited. This has the potential to smother benthic habitats and, in extreme cases, result in the seafloor in the vicinity of the marine farm becoming anoxic. The release of feed beyond the cages can also attract wild populations to the farm. The potential environmental effects associated with the discharge of marine farm feed therefore needs to be assessed and managed.

Intensive marine farming is susceptible to the transmission of pests and diseases from wild populations. As well as affecting production, this can have animal health and welfare implications for the farm stock and act as a reservoir for the re-infection of the wild population. If the infection cannot be managed by good farm husbandry, it may be appropriate to treat the farmed animals with medicines and other therapeutic compounds. The treatments used must be approved under other legislation relating to food safety and veterinary medicines. The potential environmental effects of the treatment and potential impacts on the receiving environment, including neighbouring marine farms, will require assessment through the consent process.

The discharge of feed, medicine and therapeutic compounds raises additional matters that require assessment separately from the matters being considered in relation to the development and operation of the marine farm as a whole (as assessed under other rules in the Plan). This restricted discretionary rule provides for the consideration of these specific discharge matters.

Advisory Notes:
  •  Any medicine or therapeutic compound must have been approved for use under the Agricultural Compounds and Veterinary Medicines Act 1997.

New heading above Rule 16.5.6

Insert above Rule 16.5.6:

Marine Farming Prohibited Activities.
Rule 16.5.6

Heading to Rule 16.5.6: omit All Other Marine Farm and substitute Marine Farming.

First paragraph: omit is not otherwise provided for by Rules 16.5.1, 16.5.2, 16.5.3, 16.5.4 and 16.5.5, or.

First paragraph: omit Rules 16.5.3, or 16.5.4 and substitute Rules 16.5.3, 16.5.4, 16.5.4A, 16.5.4B, 16.5.5A, 16.5.5B or 16.5.5D.

Second paragraph in first sentence: omit or 16.5.4 (Wilson Bay Zone), and substitute 16.5.4, 16.5.4A, 16.5.4B (Wilson Bay Zone), 16.5.5A (Extensions to Marine Farms) or 16.5.5B (Marine Farming Structures Outside Wilson Bay Zone) or 16.5.5D (Marine Farm Structures within the Coromandel marine farming zone).

Second paragraph: omit and, except for fish aggregation devices, will require the presence of an AMA).

New Rule 16.5.6A

Insert after Rule 16.5.6:

16.5.6A Discharge of Feed, Medicines and Therapeutic Compounds Associated with Marine Farming (Prohibited Activity)

The discharge of any feed, medicine or therapeutic compound into the CMA associated with marine farming activities that does not comply with the standards and terms in Rules 16.5.4C, 16.5.5C, or 16.5.5E is a prohibited activity for which no resource consent shall be granted.

Principal Reasons for Adopting: This rule prohibits the discharge of any feed, medicine or therapeutic compound from marine farming if it does not comply with the standards and terms of Rule 16.5.4C or 16.5.5C. This means that, within the Firth of Thames, consent applications cannot be received or granted to discharge material unless an authorisation is held to apply for a permit. Discharges that would result in the total net discharge of nitrogen to the Firth of Thames from marine farming exceeding 300 tonnes per annum are also prohibited. This will ensure that effects on nutrient levels within this semi-enclosed body of water are minimised. Discharges that would result in the total net discharge of nitrogen to the Coromandel marine farming zone from marine farming exceeding 800 tonnes per annum are also prohibited.

New Rule 16.5.8

Insert after Rule 16.5.7:

16.5.8 Staging of the Consents within the Coromandel Marine Farming Zone

Resource consents for marine farming that involve fed and multi-trophic aquaculture in the Coromandel marine farming zone will include conditions requiring a staged development of the marine farm. Each resource consent will be divided into a series of stages.

The staging of each consent will be relative to the limit specified in Policy 6.1.1B and proportional to the allocation provided to the applicant under Method 17.5.2A. Stage 1 will allow discharge of up to 50% of the nitrogen and feed authorised by the discharge consent issued under Rule 16.5.5E. Stage 2 will allow discharge of up to 75% of the nitrogen and feed authorised by the consent. Stage 3 will allow discharge of up to 100% of the nitrogen and feed authorised by the consent.

The first stage of each resource consent may not be exercised until a baseline survey is complete. Development to the next stage may not occur until permission is granted to do so by the Waikato Regional Council. The Council will not grant that permission until:

  • 1. monitoring of a minimum of two production cycles at full development of that stage is complete;

  • 2. the monitoring data has been analysed in comparison to pre-determined thresholds;

  • 3. there are no significant adverse effects occurring including cumulative effects; and

  • 4. compliance against resource consent conditions held for the marine farming activity has been assessed.

Principal Reasons for Adopting: Fed aquaculture has not been carried out in the Waikato region prior to the establishment of the Coromandel marine farming zone. A staged approach assists in fulfilment of Policy 6.1.1B of this Plan.

New Method 17.5.2A

Insert after Method 17.5.2:

17.5.2A Allocation of Space within the Coromandel Marine Farming Zone

Authorisations to apply for a resource consent within the Coromandel marine farming zone will be allocated in two ways, as settlement assets and by a weighted attribute tender process.

The Waikato Regional Council will not allocate any of the Coromandel marine farming zone, until 20% of space within the zone has been declared by notice in the Gazette to be an aquaculture settlement area or areas under the Maori Commercial Aquaculture Claims Settlement Act 2004.

The remaining space within the Coromandel marine farming zone will then be allocated to industry by weighted attribute tendering.

The weighted attribute tender process will use criteria that will include, but are not limited to, the following:

  • 1. The extent to which the tender proposal achieves the purpose of the Coromandel marine farming zone consistent with Policy 6.1.1D.

  • 2. Promotion of the sustainable management of natural resources.

  • 3. Contribution to the economic and social wellbeing of the region and country.

  • 4. Environmental management practices of the applicant.

  • 5. Monetary contribution.

Authorisations are not transferable unless the authorisation is a settlement asset.

Principal Reasons for Adopting: The Crown has an obligation under the Maori Commercial Aquaculture Claims Settlement Act 2004 to provide 20% of space in the Coromandel marine farming zone to Māori for settlement purposes, and has advised that it intends to declare a representative 20% of the zone to be an aquaculture settlement area or areas. This will prevent the Council from granting any authorisation to industry to apply for a resource consent within that space. The remaining space will be allocated by weighted attributes tendering. It is important that this space is used well and benefits accrue to the local, regional, and national economies and social wellbeing. For these reasons, the attributes used to select an appropriate applicant to carry out marine farming in the zone will be weighted towards those benefits. Obtaining an authorisation to apply does not guarantee the granting of a consent. The holder of an authorisation must complete the normal consent application process. An authorisation granted under this method cannot be transferred and will lapse after two (2) years (unless the authorisation is a settlement asset) if no consent application is lodged (refer to section 165T of the RMA). Any consent granted to the holder of an authorisation can be transferred, subject to any restriction imposed as a condition of the consent.

Method 17.5.8

First paragraph in bullet point i): omit the first sentence and substitute New farms located in the Wilson Bay and Coromandel marine farming zones shall be required to have a comprehensive lighting plan, which will light each area within the zone.

Second paragraph in first sentence: omit marine farming zone and substitute and Coromandel marine farming zones.

Appendix I: Information Requirements
  • Section relating to Marine Farming: omit and substitute:

    Marine Farming
    General requirements for all marine farming consent applications

    All marine farm proposals must include the following information:

    • a) The location (including surveyed grid references) and area to be occupied by the proposed marine farm.

    • b) A description of the activity, including but not limited to:

      • (i) the species to be farmed and source of the stock;

      • (ii) the farm layout details, including the type and number of structures to be used, their placement, marking and lighting, method of construction, type of construction material, and the extent to which the structure may be surface, subsurface or inter-tidal;

      • (iii) daily and seasonal operational details of the farm;

      • (iv) details on the management of non-biodegradable products, bio-fouling, and waste materials;

      • (v) the requirements for land-based facilities (including proposed landing, loading and unloading location(s)), and the availability and adequacy of any land-based facilities;

      • (vi) the level of noise and light emissions which are likely to occur, and for what periods of time;

      • (vii) the extent of disturbance to the foreshore or seabed.

    • c) A description of:

      • (i) the natural character of the area;

      • (ii) the natural values including flora and fauna, landscapes, seascapes and landforms, and the community values including scenic, amenity, recreational and historical, in the vicinity of the proposed marine farm; and

      • (iii) the extent to which natural and community values have been identified and significant values protected.

    • d) A description of the:

      • (i) hydrodynamic regime;

      • (ii) water quality; and

      • (iii) sediment characteristics

      at the site.

    • e) An assessment of any actual or potential effects on the environment and the way in which any adverse effects may be mitigated, including but not limited to:

      • (i) the extent to which the marine farm will affect and be affected by coastal processes, including in particular, natural hazards, sediment drift, erosion, scouring, silting, current flows, displacement of fauna, habitat, and sea level rise and inundation;

      • (ii) the extent to which the operation of the marine farm will impact on water and sediment quality;

      • (iii) the likely impact of the marine farm on the biomass of plankton communities;

      • (iv) the extent to which habitats, feeding grounds, ecosystems and species, or any other values will be adversely affected (including in particular, within any ASCV);

      • (v) any flow-on effects (as defined in s3 of the RMA) of the activity on other parts of the coastal ecology, including any effects on habitats of fish and shellfish;

      • (vi) identification of significant adverse effects on the relationship tangata whenua as Kaitiaki have with their identified ancestral taonga such as water, lands, sites, waahi tapu and kaimoana, and how these may be avoided, remedied or mitigated;

      • (vii) the extent to which the appearance of the structure is compatible with natural character and amenity values;

      • (viii) the extent to which the proposed marine farm will add to the cumulative effects of the proliferation of structures in any one area;

      • (ix) the extent to which the marine farm will impact on navigation safety, e.g. major navigation routes and recreational use;

      • (x) the extent to which public access might be affected, and where public access will be restricted, demonstration that any proposed restriction is necessary:

        •  to protect public health and safety; or

        •  to ensure a level of security consistent with the purpose of a resource consent;

        •  in other exceptional circumstances sufficient to justify the restriction, notwithstanding the national importance of maintaining that access;

      • (xi) the extent to which heritage values have been identified, and how the adverse effects on these values will be avoided, remedied or mitigated;

      • (xii) an outline of the possible cumulative effects of the marine farm;

      • (xiii) the way in which any adverse effects will be avoided, remedied or mitigated.

    • f) Any possible alternative locations or methods for undertaking the activity (including proposed landing, loading and unloading location(s)) and the applicant’s reasons for making the proposed choice.

    • g) A record of the consultation undertaken by the applicant, including details of consultation undertaken with tangata whenua having responsibilities in the area applied for.

    • h) A statement specifying all other resource consents that the applicant may require from any consent authority in respect of the activity to which the application relates, and whether or not the applicant has applied for such consents.

    Detailed guidance on the design of baseline surveys and monitoring programmes is provided in Appendix IA. In addition, further details on the investigative studies for sub-tidal shellfish farming are provided in a guideline prepared for Environment Waikato.4

    For applications for small extensions to marine farms the information provided with an application should focus on the extent to which any of the matters outlined above will change as a result of the extension.

    Requirements for applications under Rules 16.5.4B, 16.5.5B, and 16.5.5D

    In addition to the above, all marine farm proposals under Rule 16.5.5B must include the following information:

    • (a) a marine mammal and bird interaction management plan; and

    • (b) a farmed stock disease management plan

    Requirements for applications under Rules 16.5.4C, 16.5.5C, and 16.5.5E

    In addition to the above, all marine farm proposals for fed aquaculture must include the following information:

    • (a) The ecological toxicity, persistence and bio-accumulative potential of any contaminants (individually and in combination) to any species potentially exposed;

    • (b) The type, volume, rate and frequency of discharges of feed, medicinal or therapeutic compounds;

    • (c) The effect of the discharge on water colour, clarity and odour;

    • (d) The mixing ability of any contaminants;

    • (e) The extent to which adverse effects on water and sediment quality will impact on other activities, in particular other marine farms; and

    • (f) Demonstration that the volume and level of contamination of the discharge has been minimised to the greatest extent practicable.

New Appendix IA

Insert after Appendix I:

Appendix IA: Baseline Survey and Monitoring Requirements for Aquaculture Activities

This Appendix provides guidance for:

  • designing, conducting and reporting results of baseline surveys required for applications for farm extensions, species change and new marine farms; and

  • designing, conducting and reporting results of monitoring programmes for aquaculture activities.

The information requirements below are based on knowledge at the time this part of the Plan was prepared. There may be changes to monitoring and information requirements as development of aquaculture proceeds, knowledge expands, and technology evolves. There may also be changes to the methods by which monitoring is carried out in the future.

To ensure that baseline surveys and monitoring programmes are appropriate for a specific activity and location, consent applicants should discuss baseline survey and monitoring requirements with Council staff prior to lodging consent applications.

1. Fundamental aspects of baseline surveys and monitoring programmes
1.1 Baseline survey

A baseline survey is an assessment of the state of environmental conditions below, within and in the vicinity of a marine farm.

A baseline survey:

  • is required for an application for marine farming. Additional information to that described in this Schedule may be required depending on the type and scope of the aquaculture activity applied for.

  • may, depending on the scale of the activity, be both spatial and temporal, giving baseline data on the natural environment and its changes throughout the proposed development area.

  • generates data that can aid in the design of an appropriate monitoring programme.

  • generates data that may be used for subsequent comparison to data gathered during a continuing monitoring programme. To allow this, site locations need to be recorded with sufficient accuracy to allow repeat sampling.

A baseline survey aims to provide:

  • a description of the sediment characteristics below and in the vicinity of the marine farm site, in the chosen reference area and in any other area relevant for the consent application.

  • a description of distribution, abundance and diversity of epifauna and infauna below and in the vicinity of the marine farm site, in the chosen reference area and in any other area relevant for the consent application.

  • a description of hydrodynamic conditions within and in the vicinity of the marine farm site and in any other area relevant for the consent application.

  • a description of water column characteristics within and in the vicinity of the marine farm site, in the chosen reference area and in any other area relevant for the consent application.

1.2 Monitoring programme

Monitoring is the regular collection of biological, chemical and/or physical data from pre-determined locations such that environmental changes attributable to an activity can be quantified and evaluated. Monitoring provides data on the actual effects of an activity, in relation to contemporary reference and baseline data.

A monitoring programme sets out details of the monitoring requirements for a particular consent.

Monitoring aims to assess:

  • the spatial scale of adverse effects of an activity,

  • the intensity of adverse effects of an activity,

  • the level of environmental change over time (biological, chemical or physical) attributable to an activity.

A monitoring programme specifies:

  • the frequency of monitoring,

  • the ecosystem components to be monitored,

  • the monitoring site locations,

  • the parameters to be measured,

  • the methods to be used,

  • the way results are to be reported,

  • data to be provided to the Council.

1.3 General considerations for designing a baseline survey or monitoring programme

Table 1 lists matters that should be taken into account when designing a baseline survey or monitoring programme:

Table 1: Matters to be taken into account when designing a baseline survey or monitoring programme.
Baseline survey or monitoring programme specifications Considerations

Frequency of monitoring

(applies to monitoring programme only)

 

Intervals could be set as a number of years, a number of crop cycles, or after each stage of development.

Ecosystem components to be surveyed or monitored

 

Baseline surveys and monitoring require assessment of ecosystem components affected by the aquaculture activity. These include (but may not be limited to) the water column, sediment and benthic biota.

Site locations 

Sites must represent the range of characteristics of the ecosystem to be assessed, a gradient in anticipated intensity of effects and include contemporary reference sites. Sites are typically arranged along transects or in a grid pattern.

Parameters to be measured  

Parameters must be appropriate for the anticipated effects of the aquaculture activity. Appropriate methods or specifications (e.g. water or sediment depth to be sampled) may be critical in ensuring relevance, consistency and comparability. The most suitable parameters may change and thus deviate from those listed in this schedule as development of aquaculture proceeds, knowledge expands and technology evolves.

Methods to be used 

Methods used to collect samples, measure parameters and analyse data must be appropriate and scientifically sound. The most suitable methods may change and thus deviate from those listed in this schedule as development of aquaculture proceeds, knowledge expands and technology evolves.

Reporting of results 

Results must be presented in a report. The scope of the report relates to the scope of the aquaculture activity and the consent being applied for.

Data to be provided to the Council

 

Raw data shall be provided to the Council at the same time as the report. If necessary, additional information must be provided to enable the recreation of any results (values, figures) shown in the report.

Data may be used by Council to inform modelling of effects from aquaculture activities.

1.4 Qualification and experience standards

Baseline surveys and monitoring must be conducted by a person or persons appropriately qualified and experienced to measure and assess effects of the aquaculture activity, identify the statistical significance of adverse effects and assess the relevance of results in relation to management of aquaculture activities in the region.

1.5 Sampling site locations

Sampling site location is a critical step in the design of a baseline survey or monitoring programme. The following list provides some guidelines on how to select appropriate sampling sites. Location specific aspects may create a need for additional sites.

Sampling sites must be located:

  • within the area of the marine farm including the area expected to display the greatest effects;

  • adjoining the marine farm site, along a transect (or transects) of decreasing effect intensity in the direction of the prevailing current;

  • in a reference area (for example at the end of transects). Reference sites need to be located in areas with similar characteristics and water depth to the aquaculture site but beyond the influence of water flowing through and deposition from the marine farm. There must be at least three reference sites, and the total number of reference sites must reflect the scope of the aquaculture activity;

  • in areas potentially affected by the marine farm identified to have significant conservation value or ecological significance;

  • in areas potentially affected by the marine farm of significance to tangata whenua.

1.6 Requirements to be assessed in a baseline survey or monitoring programme

The range of parameters to be included in a baseline survey or monitoring programme must be related to the type and scope of the aquaculture activity.

In general, baseline surveys and monitoring programmes related to extension of marine farms require a relatively low number of parameters. In fed aquaculture many specimens are grown in a confined area, which produces considerable amounts of nutrient waste in dissolved and particulate form, which are usually discharged to the surrounding environment. Therefore baseline survey and monitoring requirements for fed aquaculture are more stringent compared to those for non-fed aquaculture and require more parameters to be measured.

Parameter requirements are provided in Table 2.

Table 2. Parameter requirements for baseline surveys and monitoring programmes related to consents considered in this schedule.
  Extension Species change and/or new marine farms
      Non-fed Fed
Parameter Baseline Monitoring Baseline Monitoring Baseline Monitoring
Water quality        
Temperature X X X X X X
Salinity X X X X X X
Water clarity X X X X X X
Ammonium (NH4-N)     X X X X
Ammonia (NH4-N)     X X X X
Oxides of nitrogen (NOx-N)     X X X X
Total N (TN)     X X X X

Dissolved reactive phosphorus (DRP)

     X X X X
Total phosphorus (TP)     X X X X
Dissolved oxygen saturation         X X

Chlorophyll a (phytoplankton biomass)

 X X X X X X
Sediment chemistry        
Organic carbon X X X X X X
Nitrogen X X X X X X
Phosphorus     X X X X
Redox potential (Eh)         X X
Trace elements          X X

Depth of the oxygenated sediment layer

         X X
Sulphide         X X
Benthic fauna and flora    
Macroinfauna species X X X X X X

Macroinfauna community parameters (abundance, richness, diversity)

 X X X X X X
Epifauna species X X X X X X
Epiflora X X X X X X
Seafloor          
Sediment grain size X X X X X X

Substrate (e.g. mud, sand, rock, shell, boulder)

 X   X   X  

Features of ecological interest (e.g. faeces, feed pellets)

         X X
Bacterial mat development (e.g. Beggiatoa spp.)         X X
Sediment outgassing         X X
Bathymetry         X  
Hydrodynamics        
Current speed     X   X  
Current direction     X   X  
Farm characteristics      

Farm development layout at time of sampling

 X X X X X X

Stocking densities at time of sampling

 X X X X X X
Other parameters      

Relevant landscape features (e.g. structures)

         X  
1.7 Methodological considerations

Table 3 lists a selection of methods recommended for sample collection or measurements that do not require sample collection. The most suitable methods may differ among locations and may change as development of aquaculture proceeds, knowledge expands and technology evolves. Thus methods chosen may differ from those listed in this schedule.

Table 3. Recommended sampling methods and considerations for method selection.
Parameter type Method for sample collection/measurement General considerations

Water quality/phytoplankton biomass

 

Water sampling using a sampling device that enables accurate depth selection.

 

Water samples to be taken at water depth relevant for the aquaculture activity and parameter measured. Depths should represent areas where effects are expected to be greatest.

Sediment chemistry/benthic fauna and flora

 

Methods may include grab or core sample, or SCUBA survey.

 

For most physical and chemical sediment properties the top 2 cm of the sediment shall be sampled. Samples for macroinfauna analysis must be sufficiently deep to capture all individuals.

Seafloor 

Methods may include SCUBA, video or photographic surveys. Methods for bathymetry may include echo or side-scan sonar or other methods capable of producing bathymetric contour maps.

 

Quantitative data must be obtained. Bathymetry, substrate and seafloor features should be mapped for the relevant area (marine farm and surrounding area, including reference area).

Hydrodynamics 

Methods may include deployment of an Acoustic Doppler Current Profiler (ADCP or ADP) or other instrument capable of measuring current velocities for a range of water depths.

 

Instrument deployments must be sufficiently long to resolve current dynamics in the region. Typically this means a minimum of 4–8 weeks. In most cases deployment at one site is sufficient.

General methodological considerations:

  •  Sufficient sample replication and frequency of sampling is needed to achieve statistical verification for observed changes over space and time, including separation of effects from natural variability.

  •  Particular care must be taken to ensure appropriate handling during sampling and transport of samples (e.g. appropriate refrigeration).

1.8 Reporting and assessment of results

Results of a baseline or monitoring survey must be reported in the form of a technical report. The report should follow accepted scientific protocols (including separation of results from analysis) and be written clearly and concisely.

The analysis of results should address:

  • whether the situation is likely to represent a stable state,

  • the relevance of findings to species and habitat and ecosystem functioning.

The report should identify as far as is possible which changes are attributable to the aquaculture activity, which are attributable to other human activities, and which are attributable to natural factors.

If adverse effects are found, the report should provide information on if and how these effects can be avoided, remedied or mitigated.

Specific considerations for preparation of a monitoring report (in addition to those listed above):

  • The report should provide a comparison of monitoring results with the initial prediction of potential environmental effects provided with the application for consent, with the baseline information, with the conditions of the consent, and with any other information about the state of the marine environment.

  • The analysis of monitoring results should address:

    • whether observed changes are likely to precipitate further changes,

    • whether changes are likely to be reversible,

    • the relevance of changes to species and habitat and ecosystem functioning.

  • The report should identify changes in criteria for assessing the significance of any changes or trends apparent from the monitoring if these are considered necessary.

Appendix II: Decision-making Criteria and Considerations Marine Farming

Insert before paragraph (a):

In addition to the General Decision-Making Criteria and Considerations, the following matters will be considered specifically in relation to marine farming:.

Paragraph (d): insert and sediment after water.

Paragraph (i): omit of neighbouring marine farms and substitute and functioning of other marine farms.

Add after paragraph (j):

For the avoidance of doubt, for any application for marine farming relevant criteria relating to Tangata Whenua, Habitat and Coastal Processes, Structures, Disturbances, Air Quality and Noise, and Public Access will also be considered. For applications under Rule 16.5.5C, relevant criteria relating to Water Quality will be considered.

Appendix III: Maps

Item relating to Schedules: Schedule 6: omit Wilsons Bay Marine Farming Zone and substitute Marine Farming Zones.

Omit Map 11 and substitute the following map:

.

Omit Map 13 and substitute the following map:

.

Omit Schedule 6 and substitute:

Schedule 6: Marine Farming Zones
Wilson Bay Marine Farming Zone Farmed Areas:

Area A contains 470 farmed hectares

Area B contains 520 farmed hectares

Area C contains 90 farmed hectares

Current farmed area is 220 hectares

Total available zone is 1,210 hectares

Wilson Bay Marine Farming Zone Corner Point Co-ordinates:
 WGS84 DatumNZ Map Grid
1949 Datum
c175:24.2934 E36:53.8045 S27247036475463
d175:26.6558 E36:56.2858 S27280846470779
e175:23.8260 E36:58.0211 S27237976467686
f1175:21.6381 E36:55.7217 S27206656472025
f2175:21.5197 E36:55.5057 S27205006472429
History of the Establishment of the Wilson Bay Marine Farming Zone

Pursuant to section 36(1) of the Aquaculture Reform (Repeals and Transitional Provisions) Act 2004, the Wilson Bay Marine Farming Zone was declared an interim Aquaculture Management Area in February 2008. The Chief Executive of the Ministry of Fisheries subsequently made a determination that the interim Aquaculture Management Area does not have an undue adverse effect on fishing or the sustainability of fisheries resources. A copy of that decision is available on request from Waikato Regional Council.

Coromandel Marine Farming Zone Farmed Area:

Total available zone is 300 hectares

Coromandel Marine Farming Zone Corner Point Co-ordinates:
 WGS84 DatumNZ Map Grid
1949 Datum
a175 21 32.051 E 36 45 50.153 S27210016490307
b175 21 33.045 E 36 46 22.579 S27209986489307
c175 19 32.123 E 36 46 24.961 S27179996489313
d175 19 31.144 E 36 45 52.534 S27180016490313
Appendix VI: Glossary

Insert the following definitions in their appropriate alphabetical order:

Authorised marine farm: means, for the purpose of Rule 16.5.5B, a marine farm that was lawfully established by lease or licence under the Marine Farming Act 1971, or a current marine farming permit under the Fisheries Act 1983, or a coastal permit under the Resource Management Act 1991 issued under Rules 16.5.3, 16.5.4 or 16.5.5 of this Plan.

Fed aquaculture: means the farming of any aquatic organism that involves the discharge of feed into the coastal marine area and includes finfish farming.

Firth of Thames: means, for the purpose of Policy 6.1.1B, Policy 6.1.4, Rule 16.5.5B and Rule 16.5.5C, all of the coastal marine area south of a line extending from Deadmans Point to Orere Point.

Total net discharge of nitrogen (Nnet discharge) means the discharge of nitrogen from a marine farm that is calculated according to the following formula:

Nnet discharge = Nfeed + Nother sources − Nfish stock − Nfish removed

where

  • Nfeed is the quantity of nitrogen contained in feed added to the CMA;

  • Nother sources is the quantity of nitrogen from sources other than feed added to the CMA, such as the addition of fingerlings or other nitrogen containing compounds;

  • Nfish stock is the quantity of nitrogen contained in current stock;

  • Nfish removed is the quantity of nitrogen contained in stock removed from the CMA.


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 for the Environment.


  • 1 Refer to the Aquaculture Ministerial Advisory Panel’s report entitled Proposed Coromandel Finfish Marine Farming Zone. Report of the Ministerial Advisory Panel. 25 February 2011. Ministry of Fisheries Unpublished Report. 56 p.

  • 2 Noting that fed aquaculture is not permitted within Areas A or B of the Wilson Bay Zone.

  • 3 Refer to the Aquaculture Ministerial Advisory Panel's report entitled Proposed Coromandel Finfish Marine Farming Zone. Report of the Ministerial Advisory Panel. 25 February 2011. Ministry of Fisheries Unpublished Report. 56 p.

  • 4 Davidson RJ (1999) Guideline for Ecological Investigations related to subtidal shellfish marine farm applications in the Environment Waikato Region. NB: This guideline does not form part of the Regional Coastal Plan.