Supplementary Order Paper No 251

No 251

House of Representatives

Supplementary Order Paper

Tuesday, 23 September 2008

Aquaculture Legislation Amendment Bill


Proposed amendments

Hon Trevor Mallard, in Committee, to move the following amendments:

New clause 9C

To insert the following clause after clause 9B (after line 28 on page 6):

9C New section 186ZL substituted
  • Section 186ZL is repealed and the following section substituted:

    186ZL Memorials
    • (1) Subsection (2) applies if—

      • (a) a regional council gives notice under—

        • (i) section 165G(2)(a) of the Resource Management Act 1991 in relation to available space in an aquaculture management area; or

        • (ii) section 165G(2)(c) of the Resource Management Act 1991 in relation to space in the coastal marine area that is subject to an application to which section 165BC of that Act applies; and

      • (b) the space is subject to a reservation in relation to commercial fishing.

      (2) The chief executive must ensure that a memorial is recorded in the appropriate register against all quota for the stocks specified in a notice given by the chief executive under section 186H of this Act or section 41 of the Aquaculture Reform (Repeals and Transitional Provisions) Act 2004 in relation to the reservation.

      (3) A memorial must be to the effect that—

      • (a) the chief executive has made a reservation under section 186E of this Act or section 38 of the Aquaculture Reform (Repeals and Transitional Provisions) Act 2004; and

      • (b) as a result, an aquaculture agreement can be registered under this Part; and

      • (c) if an agreement is registered, fishing may be affected by the allocation of space in the area subject to the reservation for aquaculture activities.

      (4) A memorial recorded in a register under subsection (2) that relates to a notice referred to in—

      • (a) subsection (1)(a)(i) must be cancelled on the expiry of the period specified in section 186ZI(1)(b)(i) :

      • (b) subsection (1)(a)(ii) must be cancelled on the expiry of the period specified in section 186ZI(1)(b)(ii).

      (5) If a memorial recorded in a register under subsection (2) applies to space that is the subject of an authorisation allocated to the trustee under section 9 of the Maori Commercial Aquaculture Claims Settlement Act 2004, the memorial does not expire until the end of the period specified in section 186ZI(1)(b)(iii).

Clause 22

Subclause (2): new clause 1A(1)(c): to insert after applies (line 8 on page 14) and the application has not been determined or withdrawn.

Subclause (2): new clause 1A(1)(d)(i): to omit application was granted; but (line 11 on page 14) and substitute coastal permit applied for has been granted; and.

Subclause (2): new section 1A(1)(d): to insert the following subparagraph after subparagraph (i) (after line 11 on page 14):

  • (ia) the coastal permit has not lapsed or been cancelled or surrendered; but

Subclause (2): new clause 1A(2): to omit subsection (line 16 on page 14) and substitute subclause.

Subclause (2): new clause 1A(3): to omit Subsection (line 21 on page 14) and substitute Subclause.

Subclause (2): new clause 1A(4): to omit subsection (line 28 on page 14) and substitute subclause.

Subclause (3): new clause 2(3): to omit Subsection (line 21 on page 15) and substitute Subclause.


Explanatory note

This Supplementary Order Paper amends the Aquaculture Legislation Amendment Bill. The amendments insert new clause 9C and make drafting changes to clause 22.

New clause 9C substitutes new section 186ZL in the Fisheries Act 1996, which provides for the chief executive of the Ministry of Fisheries to enter memorials in the appropriate register against all quota for stocks specified in a notice by the chief executive of an aquaculture decision that is a reservation. The new section takes into account the amendments in clauses 9A and 9B to sections 186ZF and 186ZI relating to new section 165BC of the Resource Management Act 1991 as inserted by clause 19.

The amendments to clause 22 are drafting amendments to correct certain cross-references from subsection to subclause and to clarify that the restriction on describing certain areas as aquaculture management areas applies only where certain matters have not been determined, withdrawn, lapsed, cancelled, or surrendered.