• “(b) if—

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

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

• “(4) The consent authority may commence a review of a deemed coastal permit, including the conditions of the permit,—

  • “(a) within 12 months after—

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

    • “(ii) the commencement of Part 1 of the Aquaculture Legislation Amendment Act (No 2) 2008 if—

      • “(A) section 16(2) applies; and

      • “(B) the date on which the forfeiture is discontinued is after 1 January 2006 but before the commencement of that Part; and

  • “(b) if it considers it necessary to do so, vary, add, or delete conditions for the purpose of making the conditions consistent with the Resource Management Act 1991.

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

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

  • “(b) the commencement of Part 1 of the Aquaculture Legislation Amendment Act (No 2) 2008 if—

    • “(i) section 16(2) applies; and

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

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

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

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

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

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

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

• “(6A) If a consent authority decides to vary, add, or delete, or not to vary, add, or delete, any condition of a deemed coastal permit under subsection (4), the The holder of the deemed coastal permit may—

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

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

“17A Certain leases extended or reinstated

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

  “(2) Subsection (3) applies to leases 53, 64, 119, 137, and 160.

  “(3) The term of each lease is extended to expire 3 years after the date on which Part 1 of the Aquaculture Legislation Amendment Act (No 2) 2008 comes into force.

  “(4) Subsection (5) applies to lease 42.

  “(5) The lease is to be treated as having been varied on and from its expiry to extend its term to expire 3 years after the date on which Part 1 of the Aquaculture Legislation Amendment Act (No 2) 2008 comes into force.

  “(6) During the term of lease 42 as extended by subsection (5), the lessee may continue to operate the marine farm that is subject to the lease, subject to the same terms and conditions as applied immediately before its expiry.

  “(7) Subsection (7) applies to—

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

  • “(b) leases 165, 170, and 171.

  “(8) During the term of a lease specified in subsection (7), the lessee may continue to operate the marine farm that is subject to the lease, subject to the same terms and conditions as applied immediately before the commencement of Part 1 of the Aquaculture Legislation Amendment Act (No 2) 2008.

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

• “(3) The consent authority may,—

  • “(a) within 12 months after the commencement of this Act commence a review of the conditions of a coastal permit referred to in subsection (2); and

  • “(b) if it considers it necessary to do so, vary, add, or delete conditions for the purpose of making the conditions consistent with the Resource Management Act 1991.

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

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

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

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

• “(5) The holder of a deemed coastal permit may appeal or object under subsection (5A)—

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

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

• “(5A) If a consent authority decides to vary, add, or delete, or not to vary, add, or delete, any condition of a deemed coastal permit under subsection (3), the The holder of the deemed coastal permit may—

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

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

“20A Marine farming permit MFP 364

• “(1) This section applies to marine farming permit MFP 364 granted under the Fisheries Act 1983 on 7 May 1998 in relation to that part of the coastal marine area to the east of Esk Point in the Coromandel Harbour.

  “(2) The marine farming permit is to be treated—

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

  • “(b) as having been in force immediately before the commencement of this Act.”

• “(3) The consent authority may,—

  • “(a) within 12 months after the commencement of this Act, commence a review of the conditions of a coastal permit referred to in subsection (2); and

  • “(b) if it considers it necessary to do so, vary, add, or delete conditions for the purpose of making the conditions consistent with the Resource Management Act 1991.

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

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

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

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

• “(5) The holder of a deemed coastal permit may appeal or object under subsection (5A)—

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

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

• “(5A) If a consent authority decides to vary, add, or delete, or not to vary, add, or delete, any condition of a deemed coastal permit under subsection (3), the The holder of the deemed coastal permit may—

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

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

• “(3A) If a coastal permit or certificate of compliance referred to in subsection (2) has expired or is due to expire before an application referred to in subsection (3) is determined, then the coastal permit or certificate of compliance is to be treated as not having expired or does not expire (as the case may be), but continues in force and expires,—

  • “(a) if the application is granted and the decision to grant the application is not subject to appeal or review, 12 months after application is granted:

  • “(b) if the application is granted and the decision to grant the application is subject to appeal or review, 12 months after the determination of the appeal or the decision on review:

  • “(c) if the application is declined and the decision to decline the application is not subject to appeal or review, 3 months after the application is declined:

  • “(d) if the application is declined and the decision to decline the application is subject to appeal or review,—

    • “(i) 12 months after the determination of the appeal or the decision on review, if the appeal or decision on review does not uphold the decision:

    • “(ii) 3 months after the determination of the appeal or the decision on review, if the appeal or decision on review upholds the decision.”

• “(8) This section applies subject to section 25A.”

“25A Assessment of effect on fishing and fisheries resources of applications pending at commencement of Act

• “(1) This section applies to an application—

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

  • “(b) which, as at the commencement of Part 1 of the Aquaculture Legislation Amendment Act (No 2) 2008, has not been determined.

  “(2) The chief executive must decline the application if the chief executive is not satisfied that the activities contemplated by the application would not have an undue adverse effect on fishing or the sustainability of fisheries resources.

  “(2) The chief executive must—

  • “(a) grant the application under section 67J of the principal Act if the chief executive is satisfied that the activities contemplated by the application would not have an undue adverse effect on fishing or the sustainability of fisheries resources; but

  • “(b) decline the application under section 67J of the principal Act if the chief executive is not satisfied that the activities contemplated by the application would not have an undue adverse effect on fishing or the sustainability of fisheries resources.

  “(3) However, the chief executive must not decline defer making a decision whether to grant or decline the application under section 67J(8) of the principal Act if—

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

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

  “(4) If subsection (2) applies but subsection (3) does not, the chief executive must give the applicant and every person and organisation consulted under section 25B(3) a notice—

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

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

  “(5) If subsection (3) applies, the chief executive must give the applicant and every person and organisation consulted under section 25B(3) a notice accordingly. The notice must also—

  • “(a) specify—

    • “(i) the area concerned; and

    • “(ii) any stocks concerned that are subject to the quota management system that are in the area; and

    • “(iii) any stocks or species concerned that are specified in Schedules 4C and 4D of the Fisheries Act 1996 that are in the area; and

  • “(b) specify the chief executive's reasons for deciding that subsection (3) applies; and

  • “(c) contain a copy, or statement to the effect, of subsections (6) and (7).

  “(6) The chief executive must decline the application, if the applicant does not lodge an aquaculture agreement with the chief executive within 6 months after the date of the notice or before the expiry of any extension of time granted under section 186ZI of the Fisheries Act 1996.

  “(7) The chief executive may must grant the application and issue the permit if the applicant lodges an aquaculture agreement with the chief executive within 6 months after the date of the notice or before the expiry of any extension of time granted under section 186ZI of the Fisheries Act 1996.

  “(8) The provisions in the Schedule have effect in relation to aquaculture agreements for the purpose of this section.

  “(9) In this section,—

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

  “commercial fishing means the fishing, authorised by a permit issued under section 91 of the Fisheries Act 1996, of—

  • “(a) stocks subject to the quota management system; and

  • “(b) stocks or species specified in Schedules 4C and 4D of the Fisheries Act 1996.

“25B Further provisions relating to applications to which section 25A applies

• “(1) This section applies to applications to which section 25A applies.

  “(2) The chief executive may request the applicant and any fisher whose interests may be affected to provide him or her with further information about the effects that the application would have on access to or displacement of fishing if it were granted.

  “(3) Before making a decision on the application, the chief executive must—

  • “(a) consult the persons and organisations that the chief executive considers represent that, in the opinion of the chief executive, are representative of the classes of persons who have customary, commercial, or recreational fishing interests that may be affected by the application if it were granted; and

  • “(b) consider any submissions made by those persons and organisations.

  “(4) The following persons may appeal to the High Court against a decision made under section 25A(2):

  • “(a) the applicant:

  • “(b) any person or organisation consulted or who ought to have been consulted under in accordance with subsection (3):

  • “(ba) any person or organisation that ought to have been consulted in accordance with subsection (3):

  • “(c) any person who has an interest in the decision greater than the public generally.

  “(5) An appeal must be filed within 3 months after notification of the decision is given to the applicant.

  “(6) The High Court may confirm or modify the decision appealed against or substitute a different decision.

  “(7) Any person wishing to seek, under Part 1 of the Judicature Amendment Act 1972, judicial review of a decision must do so within 3 months after the notification of the decision.”

• “(5) This section applies subject to section 26A.”

• “(5) If a coastal permit or certificate of compliance referred to in subsection (1)(a) has expired or is due to expire before an application referred to in subsection (1)(b) is determined, then the coastal permit or certificate of compliance is to be treated as not having expired or does not expire (as the case may be), but continues in force and expires,—

  • “(a) if the application is granted and the decision to grant the application is not subject to appeal or review, 12 months after application is granted:

  • “(b) if the application is granted and the decision to grant the application is subject to appeal or review, 12 months after the determination of the appeal or the decision on review:

  • “(c) if the application is declined and the decision to decline the application is not subject to appeal or review, 3 months after the application is declined:

  • “(d) if the application is declined and the decision to decline the application is subject to appeal or review,—

    • “(i) 12 months after the determination of the appeal or the decision on review, if the appeal or decision on review does not uphold the decision:

    • “(ii) 3 months after the determination of the appeal or the decision on review, if the appeal or the decision on review upholds the decision.

• “(6) To avoid doubt, if, when an application is declined, the coastal permit or certificate of compliance is not due to expire until later, no further application can be made under this section.

• “(7) This section applies subject to section 26A.”

“26A Assessment of effect on fishing and fisheries resources of applications after commencement of Act

• “(1) This section applies to an application—

  • “(a) to which section 26 applies whether the application is made before, on, or after the commencement of Part 1 of the Aquaculture Legislation Amendment Act (No 2) 2008; and

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

  “(2) The chief executive must decline the application if the chief executive is not satisfied that the activities contemplated by the application would not have an undue adverse effect on fishing or the sustainability of fisheries resources.

  “(2) The chief executive must—

  • “(a) grant the application under section 67J of the principal Act if the chief executive is satisfied that the activities contemplated by the application would not have an undue adverse effect on fishing or the sustainability of fisheries resources; but

  • “(b) decline the application under section 67J of the principal Act if the chief executive is not satisfied that the activities contemplated by the application would not have an undue adverse effect on fishing or the sustainability of fisheries resources.

  “(3) However, the chief executive must not decline defer making a decision whether to grant or decline the application under section 67J(8) of the principal Act if—

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

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

  “(4) If subsection (2) applies but subsection (3) does not, the chief executive must give the applicant and every person and organisation consulted under section 26B(3) a notice—

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

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

  “(5) If subsection (3) applies, the chief executive must give the applicant and every person and organisation consulted under section 26B(3) a notice accordingly. The notice must also—

  • “(a) specify—

    • “(i) the area concerned; and

    • “(ii) the stocks and species concerned; and

    • “(iii) any stocks concerned that are subject to the quota management system that are in the area; and

    • “(iv) any stocks or species concerned that are specified in Schedules 4C and 4D of the Fisheries Act 1996 that are in the area; and

  • “(b) specify the chief executive's reasons for deciding that subsection (3) applies; and

  • “(c) contain a copy, or statement to the effect, of subsections (6) and (7).

  “(6) The chief executive must decline the application, if the applicant does not lodge an aquaculture agreement with the chief executive within 6 months after the date of the notice or before the expiry of any extension of time granted under section 186ZI of the Fisheries Act 1996.

  “(7) The chief executive may must grant the application and issue the permit if the applicant lodges an aquaculture agreement with the chief executive within 6 months after the date of the notice or before the expiry of any extension of time granted under section 186ZI of the Fisheries Act 1996.

  “(8) The provisions in the Schedule have effect in relation to aquaculture agreements for the purpose of this section.

  “(9) In this section,—

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

  “commercial fishing means the fishing, authorised by a permit issued under section 91 of the Fisheries Act 1996, of—

  • “(a) stocks subject to the quota management system; and

  • “(b) stocks or species specified in Schedules 4C and 4D of the Fisheries Act 1996.

“26B Further provisions relating to applications to which section 26A applies

• “(1) This section applies to applications to which section 26A applies.

  “(2) The chief executive may request the applicant and any fisher whose interests may be affected to provide him or her with further information about the effects that the application would have on access to or displacement of fishing if it were granted.

  “(3) Before making a decision on the application, the chief executive must—

  • “(a) consult the persons and organisations that the chief executive considers represent that, in the opinion of the chief executive, are representative of the classes of persons who have customary, commercial, or recreational fishing interests that may be affected by the application if it were granted; and

  • “(b) consider any submissions made by those persons and organisations.

  “(4) The following persons may appeal to the High Court against a decision made under section 26A(2):

  • “(a) the applicant:

  • “(b) any person or organisation consulted or who ought to have been consulted under in accordance with subsection (3):

  • “(ba) any person or organisation that ought to have been consulted in accordance with subsection (3):

  • “(c) any person who has an interest in the decision greater than the public generally.

  “(5) An appeal must be filed within 3 months after notification of the decision is given to the applicant.

  “(6) The High Court may confirm or modify the decision appealed against or substitute a different decision.

  “(7) Any person wishing to seek, under Part I 1 of the Judicature Amendment Act 1972, judicial review of a decision must do so within 3 months after the notification of the decision.”

• “(2) This section—

  • “(a) does not apply—

    • “(i) to any space specified in a regional coastal plan or proposed regional coastal plan at the commencement of this Act as space in which aquaculture activities authorised by the coastal permit are prohibited; or

    • “(ii) to any space that a coastal permit no longer applies to as a result of being amended under section 53 or 54; but

  • “(b) does apply to space referred to in paragraph (a)(i) if the coastal permit applies to it as a result of the permit being amended under section 53 or 54.

• “(3) The area to which a coastal permit that this section applies to is deemed to be an aquaculture management area in a regional coastal plan for the purposes of the principal Act.”

• “(4A) However, in the case of space referred to in subsection (2)(b), the deemed aquaculture management area is subject to the provisions of the regional coastal plan or proposed regional coastal plan that applied to the space specified in the coastal permit immediately before the coastal permit was amended under section 53 or 54, subject to any subsequent amendment or replacement of those provisions.”

• “(5) An area that is deemed to be an aquaculture management area by subsection (3) ceases to be, or is modified as, an aquaculture management area only by a regional coastal plan that—

  • “(a) expressly provides that the area ceases to be, or is modified as, an aquaculture management area; and

  • “(b) was notified under clause 5 or 26 of Schedule 1 of the principal Act after the commencement of this Act.

• “(6) If a coastal permit is deemed to be coastal permit under section 10, 20, or 21 after the commencement of this Act, subsections (2) and (5) apply, as if every reference to commencement of this Act were a reference to the date on which the coastal permit is deemed to be a coastal permit.”

• “(8) If an application referred to in subsection (1) is granted, but the coastal permit has expired or is due to expire before an application referred to in subsection (3) is determined, then the coastal permit or certificate of compliance is to be treated as not having expired or does not expire (as the case may be), but continues in force and expires,—

  • “(a) if the application is granted and the decision to grant the application is not subject to appeal or review, 12 months after application is granted:

  • “(b) if the application is granted and the decision to grant the application is subject to appeal or review, 12 months after the determination of the appeal or the decision on review:

  • “(c) if the application is declined and the decision to decline the application is not subject to appeal or review, 3 months after the application is declined:

  • “(d) if the application is declined and the decision to decline the application is subject to appeal or review,—

    • “(i) 12 months after the determination of the appeal or the decision on review, if the appeal or decision on review does not uphold the decision:

    • “(ii) 3 months after the determination of the appeal or the decision on review, if the appeal or decision on review upholds the decision.

• “(9) To avoid doubt, if, when an application is declined, the coastal permit or certificate of compliance is not due to expire until later, no further application can be made under this section.

• “(810) This section applies subject to section 50A.”

“50A Assessment of effect on fishing and fisheries resources of applications to which section 50(3) applies

• “(1) This section applies to an application under section 67J or 67Q(2) referred to in section 50(3)—

  • “(a) whether the application is made before, on, or after the commencement of Part 1 of the Aquaculture Legislation Amendment Act (No 2) 2008; and

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

  “(2) The chief executive must decline the application if the chief executive is not satisfied that the activities contemplated by the application would not have an undue adverse effect on fishing or the sustainability of fisheries resources.

  “(2) The chief executive must—

  • “(a) grant the application under section 67J of the principal Act if the chief executive is satisfied that the activities contemplated by the application would not have an undue adverse effect on fishing or the sustainability of fisheries resources; but

  • “(b) decline the application under section 67J of the principal Act if the chief executive is not satisfied that the activities contemplated by the application would not have an undue adverse effect on fishing or the sustainability of fisheries resources.

  “(3) However, the chief executive must not decline defer making a decision whether to grant or decline the application under section 67J(8) of the Fisheries Act 1983 if—

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

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

  “(4) If subsection (2) applies but subsection (3) does not, the chief executive must give the applicant and every person and organisation consulted under section 50B(3) a notice—

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

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

  “(5) If subsection (3) applies, the chief executive must give the applicant and every person and organisation consulted under section 50B(3) a notice accordingly. The notice must also—

  • “(a) specify—

    • “(i) the area concerned; and

    • “(ii) the stocks or species concerned; and

    • “(iii) any stocks concerned that are subject to the quota management system that are in the area; and

    • “(iv) any stocks or species concerned that are specified in Schedules 4C and 4D of the Fisheries Act 1996 that are in the area; and

  • “(b) specify the chief executive's reasons for deciding subsection (3) applies; and

  • “(c) contain a copy, or statement to the effect, of subsections (6) and (7).

  “(6) The chief executive must decline the application, if the applicant does not lodge an aquaculture agreement with the chief executive within 6 months after the date of the notice or before the expiry of any extension of time granted under section 186ZI of the Fisheries Act 1996.

  “(7) The chief executive may must grant the application and issue the permit if the applicant lodges an aquaculture agreement with the chief executive within 6 months after the date of the notice or before the expiry of any extension of time granted under section 186ZI of the Fisheries Act 1996.

  “(8) The provisions in the Schedule have effect in relation to aquaculture agreements for the purpose of this section.

  “(9) In this section,—

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

  “commercial fishing means the fishing, authorised by a permit issued under section 91 of the Fisheries Act 1996, of—

  • “(a) stocks subject to the quota management system; and

  • “(b) stocks or species specified in Schedules 4C and 4D of the Fisheries Act 1996.

“50B Further provisions relating to applications to which section 50A applies

• “(1) This section applies to applications to which section 50A applies.

  “(2) The chief executive may request the applicant and any fisher whose interests may be affected to provide him or her with further information about the effects that the application would have on access to or displacement of fishing if it were granted.

  “(3) Before making a decision on the application, the chief executive must—

  • “(a) consult the persons and organisations that the chief executive considers represent that, in the opinion of the chief executive, are representative of the classes of persons who have customary, commercial, or recreational fishing interests that may be affected by the application if it were granted; and

  • “(b) consider any submissions made by those persons and organisations.

  “(4) The following persons may appeal to the High Court against a decision made under section 50A(2):

  • “(a) the applicant:

  • “(b) any person or organisation consulted or who ought to have been consulted under in accordance with subsection (3):

  • “(ba) any person or organisation that ought to have been consulted in accordance with subsection (3):

  • “(c) any person who has an interest in the decision greater than the public generally.

  “(5) An appeal must be filed within 3 months after notification of the decision is given to the applicant.

  “(6) The High Court may confirm or modify the decision appealed against or substitute a different decision.

  “(7) Any person wishing to seek, under Part 1 of the Judicature Amendment Act 1972, judicial review of a decision must do so within 3 months after the notification of the decision.”

• “(2A) An application under subsection (2) must be made within 12 months after—

  • “(a) the commencement of Part 1 of the Aquaculture Legislation Amendment Act (No 2) 2008; but

  • “(b) if—

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

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

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

• “(k) fish, aquatic life, or seaweed in accordance with an exemption granted under section 186Q for the purpose of monitoring the environment.”

“experimental aquaculture activities has the same meaning as in section 2 of the Resource Management Act 1991”.

“186DA Order in which certain requests for aquaculture decisions to be processed

• “(1) This section applies to requests for aquaculture decisions if—

  • “(a) the requests are made by persons who have requested changes to a regional coastal plan or proposed regional coastal plan in response to an invitation under section 165Z(1) or 165ZFA(1) of the Resource Management Act 1991; and

  • “(b) the requests for changes have been accepted by the regional council under clause 25(2)(b) of Schedule 1 of the Resource Management Act 1991.

  “(2) The chief executive must process the requests for aquaculture decisions in the order in which they are received.

  “(3) However, if requests are received at the same time on the same working day before 5 pm, then subsection (2) applies subject to subsections (4) to (7) apply.

  “(4) If all of the persons who make the requests agree that the requests should be processed in a particular order, the chief executive must process the requests in that order.

  “(5) Subsection (6) applies if—

  • “(a) subsection (4) does not apply; and

  • “(b) the chief executive is satisfied that making an aquaculture decision about 1 or more of the requests may have an effect on making an aquaculture decision on 1 or more of the other requests.

  “(6) If the chief executive is satisfied that he or she has sufficient information about the impact of each request on fishing to determine the order in which aquaculture decisions should be made in relation to proposed aquaculture management areas, the chief executive must (having regard to the matters specified in section 186G)—

  • “(a) rank the proposed aquaculture management areas according to the extent of their impact on fishing; and

  • “(b) make aquaculture decisions starting with the proposed aquaculture management area that would have the least impact on fishing and finishing with the proposed aquaculture management area that would have the greatest impact on fishing.

  “(7) If subsection (6) does not apply, then the chief executive must determine by ballot the order in which the proposed aquaculture management areas requests will be processed.

  “(8) For the purposes of this section, a single request for 2 or more aquaculture decisions is to be treated as separate requests in relation to each aquaculture decision.”

• “(4A) Without limiting subsection (4)(b), an exemption may be granted for fish farming for the ongrowing of fish, aquatic life, or seaweed for the purpose of monitoring the environment.”

• “(1A) If an application relates to more than 1 fish farm, the chief executive may grant the application in relation to all or some of the fish farms.”

• “(2A) The chief executive may decline an application if the activity proposed by the applicant is the subject of an exemption under section 186Q.

• “(2A) The chief executive must decline an application if the applicant has been granted an exemption under section 186Q for fish farming for the purpose of monitoring the environment.”

• “(5) Where the regional council makes an offer of authorisations for available space in an aquaculture management area under section 165E of the Resource Management Act 1991, subsection (2) applies to the persons specified in that subsection as at 5 pm on the date on which notice is given under section 165G(2)(a) of the Resource Management Act 1991.

• “(6) Where authorisations are required to be allocated to a person under section 165ZF(3)(a) of the Resource Management Act 1991, subsection (2) applies to the person specified in that subsection as at 5 pm on the date on which public notice is given under section 165G(2)(c) of the Resource Management Act 1991.

• “(7) Where the regional coastal plan provides for allocation of space other than by an offer of authorisations, subsection (2) applies to the person specified in that subsection as at 5 pm on the date on which notice is given under section 165G(2)(b) of the Resource Management Act 1991.

• “(5) Subsection (2) applies to the persons specified in that subsection as at 5 pm on the date on which notice is given under—

  • “(a) section 165G(2)(a) of the Resource Management Act 1991, in relation to an offer of authorisations under section 165E of the Resource Management Act 1991; or

  • “(b) section 165G(2)(b) of the Resource Management Act 1991, in relation to a regional coastal plan that provides for the allocation of available space other than by an offer of authorisations; or

  • “(c) section 165G(2)(c) of the Resource Management Act 1991, in relation to—

    • “(i) authorisations for available space that are required to be allocated to a person under section 165ZF(3)(a) of the Resource Management Act 1991; or

    • “(ii) space that is subject to an application to which section 150B(2) or 165BC of the Resource Management Act 1991 applies; or

  • “(d) section 15(3) of the Maori Commercial Aquaculture Claims Settlement Act 2004, in relation to authorisations for new space that have been allocated to the trustee under section 9 of that Act; or

  • “(e) section 15A(3) of the Maori Commercial Aquaculture Claims Settlement Act 2004 in relation to authorisations for new space that have been allocated to the trustee under section 9 of that Act and in relation to which the trustee has been authorised to enter into an aquaculture agreement.”

• “(b) within 6 months after,—

  • “(i) where an offer of authorisations is made under section 165E of the Resource Management Act 1991, the date referred to in section 186ZF(5); or

  • “(ii) where authorisations are required to be allocated to a person under section 165ZF(3)(a) of the Resource Management Act 1991, the date referred to in section 186ZF(6); or

  • “(iii) where the regional coastal plan provides for allocation of space other than by offer of authorisations, the date referred to in section 186ZF(7); or

  • “(iv) the date on which a notice of receipt is given under section 15(3) of the Maori Commercial Aquaculture Claims Settlement Act 2004.

• “(b) within 6 months after the date on which notice is given under section 186ZF(5).”

• “(1) Subsection (2) applies—

  • “(a) if a regional council gives the chief executive notice under section 165G of the Resource Management Act 1991 in relation to space that is subject to a reservation relating to commerical fishing; or

  • “(b) if section 15(1) of the Maori Commercial Aquaculture Claims Settlement Act 2004 applies, and the chief executive gives notice under section 15(3) of that Act; or

  • “(c) if section 15A(1) of the Maori Commercial Aquaculture Claims Settlement Act 2004 applies and the chief executive gives notice under section 15A(3) of that Act.”

• “(4) A memorial recorded in a register under subsection (2) that relates to a notice referred to in subsection (1) must be cancelled on the expiry of the period specified in section 186ZI(1)(b).”

“Subpart 5—Experimental aquaculture activities

“186ZM Request for initial evaluation of proposals to undertake experimental aquaculture activities

• “(1) A person may apply to the chief executive for an initial evaluation about whether an assessment of the effect on fishing will be required for a proposal to undertake experimental aquaculture activities in the following areas:

  • “(a) a coastal marine area that is not in an aquaculture management area; or

  • “(b) an aquaculture management area in a proposed regional coastal plan that is subject to—

    • “(i) a reservation; or

    • “(ii) a determination based on a rule in the plan under section 186H(1)(d).

  “(2) An application under subsection (1) must be made on an approved form and be accompanied by the prescribed fee (if any).

“186ZN Initial evaluation

• “(1) The chief executive must notify the applicant, within 15 working days after receiving an application under section 186ZM, about whether or not an assessment under section 186ZO is required.

  “(2) If the chief executive notifies the applicant that an assessment is not required, the chief executive must also notify the applicant of the factors that were material in deciding that an assessment is not required, including—

  • “(a) the size of the area concerned; and

  • “(b) the location of the area concerned; and

  • “(c) the duration of the proposed experimental aquaculture activities.

  “(3) The chief executive must send a copy of the notice to the regional council concerned.

“186ZO Assessment of effects on fishing

• “(1) A person who has received a notice from the chief executive under section 186ZN that an assessment is required may apply to the chief executive for an assessment of whether the proposal will have an undue adverse effect on fishing.

  “(2) An application under subsection (1) must be made on an approved form and be accompanied by the prescribed fee (if any).

  “(3) The chief executive may request the applicant and any fisher whose interests may be affected to provide the chief executive with further information about the effects that the proposed experimental aquaculture activities would have on access to or displacement of fishing.

  “(4) If the chief executive requests further information under subsection (3), then the period beginning on the day when the further information is requested and ending on the day when the information is provided or the day that is 15 working days after the day when the further information is requested (whichever is the shorter) is excluded from the periods referred to in subsection (5) and section 186ZP.

  “(5) Within 10 working days after receiving the application, the chief executive must—

  • “(a) identify the persons and organisations that the chief executive considers represent the classes of persons who have customary, commercial, or recreational fishing interests that may be affected by the proposal; and

  • “(b) notify the persons and organisations identified of the application.

  “(6) A person who is notified under subsection (5)(b) may make submissions on the application within 20 working days after being notified.

  “(7) In considering, for the purposes of making an assessment, whether the proposal will have an undue adverse effect on fishing, the chief executive must have regard only to the following matters:

  • “(a) the location of the area concerned in relation to areas in which fishing is carried out:

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

  • “(c) the degree to which experimental aquaculture activities within the area concerned will lead to the exclusion of fishing:

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

  • “(e) the extent to which the proposal will increase the cost of fishing:

  • “(f) the cumulative effect on fishing of any previous aquaculture activities.

“186ZP Decision after making assessment

• “(1) Within 25 working days after the end of the period for making submissions under section 186ZO(2A), the chief executive must complete the assessment and make a decision in relation to the area concerned that either—

  • “(a) he or she is satisfied that the proposal will not have an undue adverse effect on fishing; or

  • “(b) he or she is not satisfied that the proposal will not have an undue adverse effect on fishing.

  “(2) As soon as the chief executive has made a decision under subsection (1), the chief executive must notify the applicant and any person or organisation notified under section 186ZO(5)(b) of the decision.

  “(3) If the chief executive makes a decision under subsection (1)(a), the notice must specify the factors that were material in making the decision, including—

  • “(a) the size of the area concerned; and

  • “(b) the locations of the area; and

  • “(c) the duration of the proposed experimental aquaculture activities.

  “(4) The chief executive must send a copy of the notice to the regional council concerned.”

“regional council has the same meaning as in section 2(1) of the Resource Management Act 1991”.

• “(2) Sections 9 to 18 apply only if an agreement is not entered into in accordance with section 18D.”

• “(4) The regional council must allocate to the trustee authorisations for the space identified under subsection (1) as soon as practicable after the date on which the new space becomes available for—

  • “(a) applications for coastal permits to authorise occupation for the purpose of an aquaculture activity; or

  • “(b) the allocation of authorisations.”

• “(c) the trustee has not been authorised to enter into an aquaculture agreement under section 15A.”

“15A Time within which trustee may lodge aquaculture agreement on behalf of all recognised iwi aquaculture organisations concerned

• “(1) This section applies if—

  • “(a) authorisations for new space have been allocated to the trustee under section 9; and

  • “(b) the new space is subject to a reservation relating to commercial fishing.

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

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

  • “(b) all the iwi aquaculture organisations referred to in paragraph (a) have authorised the trustee to enter into an aquaculture agreement on behalf of all the iwi aquaculture organisations.

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

  “(4) A notice given by the chief executive under subsection (3) has the same effect as if the notice were given under section 165G(2)(a) of the Resource Management Act 1991.”

“Agreements about allocation of new space

“18A Purpose of sections 18B to 18D

• The purpose of sections 18B to 18D is to provide an alternative process to the process set out in sections 9 to 18 by providing a negotiating period to try to reach an agreement about the allocation of authorisations in respect of 20% of new space in an aquaculture management area.

“18B Notifications of period to negotiate and enter into agreement about new space

• “(1) Before a regional coastal plan or a change to a regional coastal plan that provides for aquaculture activities in new space becomes operative, a regional council must notify the persons specified in subsection (2) that they have the period specified in subsection (3) to negotiate to enter into an agreement to identify 20% of new space in aquaculture management areas for allocation to the trustee.

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

  • “(a) the trustee; and

  • “(b) in the case of a private plan change, the person who requested the plan change; and

  • “(c) any applicant for a coastal permit.

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

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

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

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

“18C Trustee to notify iwi aquaculture organisations of notice received from regional council

• “(1) The trustee must, as soon as practicable after receiving a notice under section 18B, notify iwi aquaculture organisations (in accordance with subsection (2) or (3), as the case may require) that it has received the notice.

  “(2) If the notice received by the trustee relates to a regional coastline or harbour in respect of which the trustee has not made its determination as to settlement assets allocation entitlements, then, in the notice given under subsection (1), the trustee must undertake to negotiate, on behalf of the iwi aquaculture organisations for all the iwi in relation to the regional coastline or harbour to which the aquaculture management area belongs, an agreement (subject to their subsequent approval) with the other persons specified in section 18B(2) on the 20% of new space in respect of which authorisations are to be issued to the trustee.

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

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

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

“18D Position at conclusion of negotiations

• “(1) If, at the conclusion of the period for negotiations, there is no agreement, the regional council must proceed to comply with section 9.

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

  • “(a) is not required to comply with section 9; and

  • “(b) must allocate to the trustee authorisations for the new space, in accordance with the agreement, as soon as practicable after the date on which the new space becomes available for applications for coastal permits or allocation of authorisations.

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

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

    • “(i) the trustee in order to confirm that the agreement has been entered by the iwi aquaculture organisations for all the iwi in relation to the regional coastline or harbour to which the acquaculture management area belongs; and

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

    • “(iii) in the case of a private plan change, the person who requested the plan change; and

    • “(iv) any applicant for a coastal permit:

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

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

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

    • “(iii) in the case of a private plan change, the person who requested the plan change; and

    • “(iv) any applicant for a coastal permit.”

• “(ii) was, at the close of 31 December 2004, still the subject of a lease or licence under the Marine Farming Act 1971, unless it was subject to forfeiture and the forfeiture (pursuant to section 16 of the Aquaculture Reform (Repeals and Transitional Provisions) Act 2004) was subsequently completed under the Marine Farming Act 1971; and”.

• “(ba) space—

  • “(i) that was not subject to a lease or licence issued under the Marine Farming Act 1971 before 21 September 1992; and

  • “(ii) that is the subject of an application under section 26 or 50 of the Aquaculture Reform (Repeals and Transitional Provisions) Act 2004 that was granted; and

  • “(iii) in relation to which a permit under section 67J or 67Q(2)(a) of the Fisheries Act 1983 is subsequently issued.”

• “(c) space that—

  • “(i) was not subject to a lease or licence issued under the Marine Farming Act 1971 before 21 September 1992; and

  • “(ii) was, at the close of 31 December 2004, subject to an application for a permit under section 67J or 67Q(2)(a) of the Fisheries Act 1983 which was subsequently granted; and”.

• “(iaa) was not subject to a lease or licence issued under the Marine Farming Act 1971 before 21 September 1992; and”.

• “(da) space—

  • “(i) that was not the subject of a lease or licence to occupy for aquaculture activities under the Marine Farming Act 1971 issued before 21 September 1992; and

  • “(ii) that was the subject of a lease or licence to occupy for aquaculture activities under the Marine Farming Act 1971 that—

    • “(A) was issued on or after 21 September 1992; and

    • “(B) expired before 1 January 2005; and

  • “(iii) that, on 1 January 2005, was the subject of an application to extend the term of the lease or licence to which section 16(1) of the Aquaculture Reform (Repeals and Transitional Provisions) Act 2004 applied; and

  • “(iv) in relation to which the application to extend the term is granted; and”.

• “(4A) The period is 12 months after—

  • “(a) the trustee has recognised iwi aquaculture organisations for all the iwi of the region; and

  • “(b) the first of the settlement assets for the region has been allocated to the trustee.”

• “(1) The trustee must determine settlement assets allocation entitlements in accordance with this section and Schedule 1 if,—

  • “(a) by the end of the 12-month period specified in section 45(4A), the iwi aquaculture organisations have not made a written agreement; and

  • “(b) at any time after the end of the 12-month period specified in section 45(4A), an iwi aquaculture organisation notifies the trustee in writing that it does not intend to enter into a written agreement.”

• “(d) does not include any activity specified in paragraph (a) or (b) if the activity is carried out solely for the purpose of monitoring the state of the coastal marine area environment”.

“experimental aquaculture activities means aquaculture activities undertaken as scientific experiments to research or investigate 1 or more of the following:

• “(a) the suitability of an area for aquaculture activities:

• “(b) new species of fish, aquatic life, or seaweed:

• “(c) new structures:

• “(d) new techniques”.

• “(5A) Subsection (2)(a) does not apply to anything to which section 12A(1)(a) or 12C applies.”

• “(4) This section applies subject to section 12C.”

“12A Restrictions on occupation of coastal marine area for aquaculture activities and restrictions on occupation of aquaculture management areas for other activities

• “(1) No person may occupy—

  • “(a) a coastal marine area for the purpose of an aquaculture activity except as provided in subsection (2):

  • “(b) an aquaculture management area for a purpose that is not an aquaculture activity except as provided in subsection (4).

  “(2) A person may occupy a coastal marine area for the purpose of an aquaculture activity—

  • “(a) if—

    • “(i) the area is an aquaculture management area in a regional coastal plan; and

    • “(ii) the activity is authorised by a coastal permit, if the area is vested in the Crown or a regional council:

  • “(b) if—

    • “(i) the area is not an aquaculture management area in a regional coastal plan; and

    • “(ii) the activity is authorised by a coastal permit granted in accordance with subpart 4 of Part 7A.

  “(3) No person may apply for a coastal permit to occupy a coastal marine area for the purpose of an aquaculture activity except—

  • “(a) in an aquaculture management area in a regional coastal plan; or

  • “(b) in accordance with subpart 4 of Part 7A.

  “(4) In an aquaculture management area, any other activity requiring occupation may be undertaken only as—

  • “(a) a restricted discretionary activity; or

  • “(b) a discretionary activity; or

  • “(c) a non-complying activity.

  “(5) To avoid doubt, a coastal permit granted before the commencement of Part 4 of the Aquaculture Legislation Amendment Act (No 2) 2008 to authorise the occupation of a coastal marine area for the purpose of an aquaculture activity is to be treated as a coastal permit that expressly authorises occupation of the coastal marine area for the purposes of an aquaculture activity under subsection (2)(a).”

“12C Restriction on experimental aquaculture activities in coastal marine area outside aquaculture management area in regional coastal plan

• “(1) No person may, for the purpose of an experimental aquaculture activity, occupy a coastal marine area unless expressly authorised by a coastal permit granted in accordance with subpart 4 of Part 7A.

  “(2) However, subsection (1) does not apply to occupation of a coastal marine area for the purpose of an experimental aquaculture activity if the occupation is authorised by or under section 12A.”

• “(cab) charges payable by persons submitting expression of interest in response to an invitation in a public notice given by a regional council under section 165ZFA, for the carrying out by the local authority of its functions in relation to such expressions of interest, including inviting expressions of interest, tendering under section 165ZFF(2) or carrying out any other process adopted by a council under section 165ZFF(3) 165ZFA(2)(c):”.

• “(2) The period for which a coastal permit for experimental aquaculture activities that would otherwise contravene section 12C is granted may be granted under subpart 4 of Part 7A is—

  • “(a) the period, not exceeding 5 years, specified in the consent; and

  • “(b) if no period is specified, 5 years from the date of commencement of the consent under section 116.”

• “(4) This section does not apply to a coastal permit granted under section 165ZK subpart 4 of Part 7A.”

• “(4) A coastal permit for experimental aquaculture activities that would otherwise contravene section 12C granted under subpart 4 of Part 7A lapses 5 years after the date of commencement of the consent or after the expiry of any shorter period specified in the permit, and no application may be made under this section to extend the period of the permit after which it lapses.”

• “(3) The holder of a coastal permit granted under subpart 4 of Part 7A may not transfer the whole or any part of the holder's interest in the permit to another site except to the extent authorised by the coastal permit.”

• “(3A) Subsection (3) does not apply in relation to applications for coastal permits, and coastal permits granted, under subpart 4 of Part 7A.”

“165VA Outline of subpart

• “(1) This section provides a general outline of this subpart and is not to limit or affect the meaning of the other sections of this subpart.

  “(2) This subpart provides for regional councils to invite requests for a change to a regional coastal plan or proposed regional coastal plan to establish an aquaculture management area.

  “(3) A regional council may invite requests by public notice—

  • “(a) inviting requests under section 165Z; or

  • “(b) inviting expressions of interest in making a request under section 165ZFA.

  “(4) Before a regional council invites requests or expressions of interest for a change to a regional coastal plan or proposed regional coastal plan, the regional council must consider whether it should identify areas in the coastal marine area as excluded areas.

  “(5) If the regional council decides that it should identify excluded areas, then before doing so it must comply with the consultation requirements in clauses 3 and 3B of Schedule 1.

  “(6) A regional council must not invite requests or expressions of interest in relation to excluded areas.

  “(7) A regional council cannot invite requests under section 165Z or and expressions of interest under section 165ZFA in relation to the same coastal marine area at the same time.

  “(8) The purpose of inviting expressions of interest (as opposed to inviting requests for plan changes at the outset) is to enable a regional council provide a process to identify and resolve competition for the same space in the coastal marine area due to overlapping proposals for the establishment of aquaculture management areas.

  “(9) If a regional council invites expressions of interest,—

  • “(a) no person can request a plan change under this subpart unless the person is the holder of an accepted expression of interest:

  • “(b) persons who submit overlapping expressions of interest must be provided with an opportunity to negotiate among themselves and amend their expressions of interest so that they are not overlapping:

  • “(b) persons who submit overlapping expressions of interest must be provided with an opportunity to negotiate among themselves and—

    • “(i) amend their expressions of interest so that they do not overlap; or

    • “(ii) to agree to reduce the extent to which the expressions of interest overlap:

  • “(c) to the extent that that process does not resolve overlapping expressions of interest, then the regional council must invite the persons concerned to submit tenders for the overlapping areas and accept the highest tender. However, the regional council must use an alternative process for that purpose if the alternative process is fair and reasonable and it has been adopted using the special consultative procedure in before inviting expressions of interest but after undertaking consultation in accordance with section 82 of the Local Government Act 2002.

  “(10) A person whose expression of interest has been accepted may request a plan change within the time specified in the notice under section 165ZFI.

  “(11) A regional council must process a request in accordance with section 165Z(2) or (3), whether the request is made—

  • “(a) in response to an invitation under section 165Z(1); or

  • “(b) as a result of an acceptance of an expression of interest under section 165ZFD(2), 165ZFE(2)(7), 165ZFF(3), or 165ZFG(2)(3) or (4).”

• “(2) A regional council must not invite, under this subpart, an expression of interest in making a request for a change to a regional coastal plan or proposed regional coastal plan to establish an aquaculture management area in any part of the coastal marine area that is an excluded area.”

“165Y When request can be made or expression of interest can be submitted

• “(1) A person may not make a request for change under this subpart except—

  • “(a) in response to a regional council inviting requests under section 165Z; or

  • “(b) unless the person has submitted an expression of interest which has been accepted under section 165ZFD(2), 165ZFE(7), or 165ZFG(3).

  “(2) A person may not submit an expression of interest under this subpart except in response to a regional council seeking expressions of interest under section 165ZFA.”

• “(a) the council has not sought expressions of interest under section 165ZFA in relation to any area that is to be subject to a notice under subsection (1); and

• “(a) any area to which a notice under subsection (1) relates—

  • “(i) has not been subject to an invitation seeking expressions of interest under section 165ZFA; or

  • “(ii) has been subject to an invitation seeking expressions of interest under section 165ZFA, but is no longer subject to the process set out in sections 165ZFA to 165ZFI; and

• “(ab) the council has considered whether it should identify areas as excluded areas under section 165W and, if it decides that it should, has complied with that section; and.”.

“165ZBA Application of Schedule 1A, and Part 9A of Fisheries Act 1996, to requests adopted or accepted under this subpart

• “(1) Schedule 1A applies to a request made under this subpart and—

  • “(a) adopted under clause 25(2)(a) of Schedule 1; or

  • “(b) adopted and combined with another request under section 165ZA and clause 25(2)(a) of Schedule 1; or

  • “(c) accepted under clause 25(2)(c)(b) of Schedule 1.

  “(2) Sections 186D and 186E of the Fisheries Act 1996 apply to a request to which subsection (1)(b) or (c) applies as if the references to a regional council, where were references to the person who requested the change.”

“Expressions of interest

“165ZFAA Purpose of sections 165ZFA to 165ZFI

• The purpose of sections 165ZFA to 165ZFI is to provide a process to identify and resolve competition for the same space in the coastal marine area due to proposals that overlap (in whole or in part) for the establishment of aquaculture management areas.

“165ZFA Invitation to submit expression of interest

• “(1) A regional council may, by public notice, invite any person to submit to the council an expression of interest (expression of interest) in making a request for a change to a regional coastal plan or a proposed regional coastal plan to establish an aquaculture management area.

  “(2) A regional council may give an invitation under subsection (1) only if all the following apply:

  • “(a) the council has not invited requests under section 165Z in relation to any area that is to be subject to a notice under subsection (1); and

  • “(a) any area to which a notice under subsection (1) relates—

    • “(i) has not been subject to an invitation seeking requests under section 165Z; or

    • “(ii) has been the subject of an invitation seeking requests under section 165Z, but is no longer subject to the process set out in sections 165Z to 165ZF; and

  • “(b) the council has considered whether it should identify areas as excluded areas under section 165W and, if it decides that it should, has complied with that section; and

  • “(c) if the council proposes to use an alternative process to the process set out in sections 165ZFF(2) and 165ZFG, it must have adopted the alternative process after undertaking consultation in accordance with section 82 of the Local Government Act 2002.

  “(3) For the purposes of subsection (2)(c), to the extent that the alternative process involves the payment of money by persons submitting expressions of interest, the money is to be applied in the same manner as tender money is to be applied under section 165ZFH.

“165ZFB Requirements for notice under section 165ZFA

• “(1) A public notice given under section 165ZFA must—

  • “(aa) specify the part of the coastal marine area in respect of which expressions of interest are sought:

  • “(a) specify that an expression of interest must contain a description of the space in the coastal marine area that it relates to:

  • “(b) specify any other information that the expression of interest must contain:

  • “(c) state the terms or effect of sections 165ZFC to 165ZFI:

  • “(d) specify whether the process set out in sections 165ZFF(2) to and 165ZFHG or an alternative process decided adopted by the regional council will be used to select an expression of interest where negotiations under section 165ZFE do not resolve or fully resolve the position with 2 or more expressions of interest that relate to the same space overlap, wholly or in part:

  • “(e) specify the closing date for the receipt of expressions of interest:

  • “(f) specify any charges fixed under section 36(1)(cab)

  “(2) A regional council may amend, replace, or revoke a notice given under section 165ZFA, and may do so—

  • “(a) whether before or after the date specified as the closing date for the receipt of expressions of interest; but

  • “(b) in the case of an amendment or replacement, only if the amended or replaced notice specifies another closing date for the receipt of expressions of interest.

“165ZFC Rejection of expression of interest

• “(1) Before complying with section 165ZFD, a regional council must consider whether it should reject any expressions of interest submitted to it.

  “(2) A regional council may reject an expression of interest, but only on the grounds that the expression of interest—

  • “(a) does not contain the information required by the public notice given under section 165ZFA; or

  • “(b) has been received after the closing date; or

  • “(c) is not accompanied by the appropriate charge (if fixed by the regional council under section 36(1)(cab); or

  • “(d) is frivolous or vexatious.

  “(3) A regional council must reject an expression of interest that relates to—

  • “(a) an excluded area; or

  • “(b) an area that is, wholly or in part, outside the space specified in the notice given under section 165ZFA for the purposes of section 165ZFB(1)(aa).

“165ZFD Process after closing date for expressions of interest

• “(1) After the closing date for receipt of expressions of interest, the regional council must, if it receives 2 or more expressions of interest, determine whether any of them relateoverlap , wholly or in part to the same space.

  “(2) If an expression of interest relates to space that is not does not overlap, wholly or in part, the subject of 1 or more other expressions of interest, the regional council must accept the expression of interest and section 165ZFI applies accordingly.

  “(3) If an expression of interest relates overlaps wholly or in part to space that is also the subject of 1 or more other expressions of interest sections 165ZFE to 165ZFH apply.

“165ZFE Expressions of interest relating to the same space that overlap, wholly or in part

• “(1) If 2 or more expressions of interest relate, wholly or in part, to the same space, the regional council must notify all the persons concerned, specifying the space concerned and providing contact details of the persons concerned.

  “(1) If 2 or more expressions of interest overlap, the regional council must notify the persons who submitted those expressions of interest and any person who submitted a linked expression of interest, and provide each of those persons with,—

  • “(a) copies of the others' expressions of interest; and

  • “(b) the contact details of the other persons.

  “(2) The notice must also state—

  • “(a) the terms or effect of subsections (3) to (6) and sections 165ZFF to 165ZFH; and

  • “(b) the date by which negotiations are to be completed for the purposes of subsection (3).

  “(3) The persons notified under subsection (1) may negotiate with each other in the period expiring on the close of the date specified for the purposes of this subsection in the notice given under subsection (2).

  “(4) The purpose of the negotiations is to reach an agreement so that the expressions of interest do not relate to the same space.

  “(4) The purpose of the negotiations is to reach an agreement so that—

  • “(a) the expressions of interest do not overlap; or

  • “(b) the extent to which they overlap is reduced.

  “(5) For the purpose of subsection (4), a person who has submitted an expression of interest may—

  • “(a) withdraw the expression of interest; or

  • “(b) substitute an amended expression of interest.

  “(6) However, the regional council must refuse substituted expressions of interest if they relate to the same space.

  “(6) However, the regional council must, unless consistent with an agreement reached under subsection (4), refuse a substituted expression of interest if—

  • “(a) it overlaps, wholly or in part, with another substituted expression of interest:

  • “(b) it overlaps, wholly or in part, with another expression of interest that has not been substituted.

  “(6A) The regional council must refuse a substituted expression of interest, if the substituted expression of interest relates to space that extends beyond the boundaries of any overlapping or linked expression of interest as originally submitted in response to a public notice given under section 165ZFA.

  “(7) If, as a result, of expressions of interest being substituted or withdrawn, an expression of interest no longer relates to the same space as overlaps any other expression of interest, then the regional council must accept the expression of interest and section 165ZFI applies accordingly.

  “(7A) For the purposes of this section, if an expression of interest (A) overlaps, wholly or in part, with the space in another expression of interest (B), and B overlaps, wholly or in part, with the space in another expression of interest (C), but A and C do not overlap, then A and C are to be treated as linked expressions of interest.

  “(8) The following examples are for the purposes of this section. The examples are only illustrative and do not limit or affect the meaning of subsections (1) to (7A):

  Example 1

  Persons A, B, and C each submit an expression of interest for space in the coastal marine area. The space that person B's expression of interest relates to overlaps with the space that person A's and C's expressions of interest relate to. But the space that person A's and C's expressions of interest relate to do not overlap. Person A's and C's expression of interest are linked and persons A and C are included for the purposes of negotiating and reaching an agreement.

  Some of the possible scenarios in this example are as follows.

  First, after the period of negotiations has expired, the expressions of interest have been substituted or withdrawn with the result that the space each expression of interest relates to does not overlap with the other.

  Second, after the period of negotiations has expired, no agreement has been reached and the expressions of interest remain as originally submitted. In this scenario, section 165ZFF applies in relation to the space where the expressions of interest overlap.

  Third, after the period of negotiations has expired, persons A, B, and C have reached an agreement which reduces, but does not remove entirely, the areas of overlap. In this scenario, section 165ZFF applies in relation to the overlapping space as specified in the agreement and not as specified in the expression of interest as originally submitted.

  Example 2

  This example is the same as example 1 except that another person (person D) has submitted an expression of interest that does not overlap with the expressions of interest submitted by persons A and B but does overlap with the expression of interest submitted by person C.

  By reapplying subsection (7A) person D's expression of interest is, for the purposes of negotiating and reaching an agreement, linked with person A's and B's expression of interest.

  The scenarios described for example 1 apply also to this example.

“165ZFF Expressions of interest that continue to overlap after expiry of period for negotiations

• “(1) This section applies in relation to expressions of interest that, after the period for negotiations provided by section 165ZFE, continue to relate overlap, wholly or in part, to the same space.

  “(2) The regional council must notify in writing the persons concerned and invite them to submit tenders for acceptance of an expression of interest to the extent that they relate to the same space in respect of the overlapping space, specifying the manner in which and the date by which tenders for the sameoverlapping space must be submitted to the council.

  “(3) However, instead of complying with subsection (2), the regional council must use an alternative process if—

  • “(a) the alternate process is fair and reasonable; and

  • “(b) the alternative process has been adopted using the special consultative procedure in the Local Government Act 2002.

  “(3) However, if the regional council has specified in the notice given under section 165ZFA that it is proposed to use an alternative process to the process set out in subsection (2) and section 165ZFG, the regional council must use the alternative process and accept or reject expressions of interest, as the case may require, in accordance with the alternative process.

  “(4) If a regional council is required to use an alternative process, the alternative process must be used only in respect of the overlapping space to which the expressions of interest relate.

“165ZFG Tenders

• “(1) The regional council must reject a tender for acceptance of an expression of interest if it is submitted after the closing date for receipt of tenders, but rejection of the tender does not affect the expression of interest to the extent that it does not overlap any other expression of interest.

  “(2) The regional council must notify the person who submitted the highest tender that, subject to the payment of the tender money, the person's tender will be accepted.

  “(2) The regional council must—

  • “(a) notify the person who submitted the highest tender that, subject to the payment of the tender money, the person's tender will be accepted; and

  • “(b) send a copy of the notice under paragraph (a) to the other persons who submitted tenders for the overlapping space that the tender referred to in paragraph (a) relates to.

  “(2A) If the tender money is not paid within 30 days after notification under subsection (2)(a), the regional council must notify the person who submitted the next highest tender that that person's tender is accepted subject to payment of the tender money.

  “(2B) If the tender money is not paid within 30 days after notification under subsection (2)(a), then subsection (2A) continues to apply to each next highest tender until the tender money is paid.

  “(3) As soon as the regional council has received the tender money, the council must notify—

  • “(a) the person who paid the tender money that the person's expression of interest has been accepted; and

  • “(b) all the other persons who submitted tenders that their tenders have been unsuccessful and their expressions of interest have therefore been rejected.

  • “(b) all other persons who submitted tenders that—

    • “(i) their tenders have been unsuccessful; and

    • “(ii) their expressions of interest, to the extent that they overlap, have therefore been rejected; but

    • “(iii) their expressions of interest to the extent that they do not overlap, have been accepted.

  “(4) If the regional council does not receive any tenders in response to a notice under section 165ZFF(2) or does receive tenders but does not receive any tender money, then the regional council must—

  • “(a) reject the expressions of interest to the extent that they overlap; and

  • “(b) accept the expressions of interest to the extent that they do not overlap; and

  • “(c) notify the persons who submitted the expressions of interest accordingly.

“165ZFH Tender money

• “(1) The regional council must apply the money received under section 165ZFG as follows:

  • “(a) the regional council must apply 50% of the money to achieving the purpose of this Act in the coastal marine area in its region; and

  • “(b) the regional council must forward 50% of the money to the Minister.

  “(2) The Minister must cause the money received under subsection (1)(b) to be paid into a Crown Bank Account in accordance with the Public Finance Act 1989.

  “(3) Money paid under section 165ZFG is not refundable.

“165ZFI Acceptance of expression of interest

• “(1) The regional council must notify a person whose expression of interest is accepted under section 165ZFD(2), 165ZFE(7), 165ZFF(3), or 165ZFG(3) or (4)—

  • “(a) that the expression of interest has been accepted; and

  • “(b) of the last day by which the person may lodge a request to change a regional coastal plan or proposed regional coastal plan.

  “(2) A person whose expression of interest is accepted by a regional council may lodge with the regional council a request to change a regional coastal plan or proposed regional coastal plan to establish an aquaculture management area for the space the person's expression of interest relates to.

  “(2A) If a person who has been notified under section 165ZFF(2) does not lodge under subsection (2) a request to change a regional coastal plan or proposed regional coastal plan by the close of the day notified under subsection (1), then the regional council must notify the person who submitted the second highest tender—

  • “(a) that that person's tender is accepted and, subject to the payment of tender money, the person may lodge a request to change a regional coastal plan or proposed regional coastal plan; and

  • “(b) of the date by which the person must lodge the request.

  “(3) The regional council must reject a request if—

  • “(a) it is given to the council after the date specified in the notice given under subsection (1) or (2A) for the lodgement of requests; or

  • “(b) it does not relate to the same space as the accepted expression of interest relates to; or

  • “(c) it is inconsistent with the expression of interest to which it relates.

  “(4) A request accepted by a regional council must be dealt with in accordance with section 165Z(2) and (3), and those provisions apply with all necessary modification.”

“Subpart 4—Experimental aquaculture activities

“165ZK Grant of coastal permits authorising experimental aquaculture activities

• “(1) A consent authority may, in accordance with and subject to this subpart, grant a coastal permit authorising occupation of a coastal marine area for the purpose of an experimental aquaculture activity in a coastal marine area that is not in an aquaculture management area in a regional coastal plan.

  “(2) To avoid doubt, subsection (1) applies to space occupied by an anchoring or mooring system used for the purpose of an experimental aquaculture activity.

“165ZL Applications for coastal permits for experimental aquaculture activities

• An application for the grant of a coastal permit under section 165ZK must include a research proposal that explains why occupation of the coastal marine area, to the extent and the period applied for, is reasonably necessary to undertake the experimental aquaculture activities.

“165ZM When application must be refused

• A consent authority must not grant a coastal permit under section 165ZK,—

  • “(a) if the coastal marine area concerned—

    • “(i) has been occupied for the purpose of experimental aquaculture activities during the 6 months immediately preceding the date of the application; or

    • “(ii) is subject to application to which section 150B(2) applies (unless the person who has made that application has agreed in writing to the grant of the coastal permit); or

    • “(iia) is subject to a request for a change to a regional coastal plan or a proposed regional coastal plan made in response to an invitation under section 165Z or 165ZFA and the request has been adopted by the regional council under clause 25(2)(a) of Schedule 1 (unless the person who has made the request has agreed in writing to the grant of the coastal permit); or

    • “(iii) is subject to a request for a change to a regional coastal plan or a proposed regional coastal plan made in response to an invitation under section 165Z or 165ZFA and the request has been accepted by the regional council under clause 25(2)(b) of Schedule 1 (unless the person whose request has been accepted has agreed in writing to the grant of a coastal permit); and

  • “(b) unless the consent authority—

    • “(i) has received a notice from the chief executive of the Ministry of Fisheries—

      • “(A) under section 186ZN of the Fisheries Act 1996 that an assessment under section 186ZO of that Act is not required; or

      • “(B) under section 186ZP of the Fisheries Act 1996 that the chief executive is satisfied that the proposal to which the application relates will not have an undue adverse effect on fishing; and

    • “(ii) is satisfied that the application does not differ from the notice from the chief executive of the Ministry of Fisheries, or, if it does differ, it does not do so to the extent that it changes the character or increases the scale or intensity of the activities in or occupation of the coastal marine area.

“165ZN Limitation relating to area

• “(1) A coastal permit granted under section 165ZK must not authorise the occupation of more than 2 hectares of the coastal marine area.

  “(2) Space occupied by warps, lines, and anchors an anchoring or mooring system used for the purpose of an experimental aquaculture activity is to be excluded for the purposes of subsection (1).

“165ZO Application not to proceed if area becomes aquaculture management area in regional coastal plan

• If an application for the grant of a coastal permit under section 165ZK is made in relation to an aquaculture management area in a proposed regional coastal plan and, before the application is determined, the plan becomes operative, then the regional council—

  • “(a) must not process the application; and

  • “(b) must not determine the application; and

  • “(c) must return the application, and any fee accompanying the application, to the applicant as soon as practicable.

“165ZP Permit not to lapse if area becomes aquaculture management area

• “(1) Subsection (2) applies if the area to which a coastal permit granted under section 165ZK becomes an aquaculture management area or part of an aquaculture management area in a regional coastal plan.

  “(2) The coastal permit—

  • “(a) does not lapse; and

  • “(b) is to be treated as having been granted for the purposes of section 12C 12A(2)(b).

“165ZQ Application of Part 6

• To avoid doubt, Part 6 applies (subject to this subpart) in relation to applications for coastal permits under this subpart and to coastal permits granted under this subpart.”

• “(5) In this section, expiry date means the date that is 12 months 3 years after the date on which a New Zealand coastal policy statement is issued under section 52(3)(a) after the commencement of Part 4 of the Aquaculture Legislation Amendment Act (No 2) 2008.”