Resource Management Act 1991

360B Conditions to be satisfied before regulations made under section 360A

(1)

Regulations must not be made under section 360A(1) except on the recommendation of the Minister of Aquaculture.

(2)

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

(a)

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

(b)

has consulted—

(i)

the Minister of Conservation; and

(ii)

other Ministers that the Minister of Aquaculture considers relevant to the proposed regulations; and

(iii)

any regional council that will be affected by the proposed regulations; and

(iv)

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

(c)

is satisfied that—

(i)

the proposed regulations are necessary or desirable for the management of aquaculture activities in accordance with the Government’s policy for aquaculture in the coastal marine area; and

(ii)

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

(iii)

the regional coastal plan to be amended by the proposed regulations will continue to give effect to—

(A)

any national policy statement; and

(B)

any New Zealand coastal policy statement; and

(BA)

a national planning standard; and

(C)

any regional policy statement; and

(iv)

the regional coastal plan as amended by the proposed regulations will not duplicate or conflict with any national environmental standard; and

(d)

has prepared an evaluation report for the proposed regulations in accordance with section 32 and had particular regard to that report when deciding whether to recommend the making of the regulations.

(3)

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

(a)

notify the public and iwi authorities of the proposed regulations; and

(b)

establish a process that—

(i)

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

(ii)

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

(c)

publicly notify the report and recommendation.

(4)

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

Section 360B: inserted, on 1 October 2011, by section 57 of the Resource Management Amendment Act (No 2) 2011 (2011 No 70).

Section 360B(2)(c)(iii)(BA): inserted, on 19 April 2017, by section 115 of the Resource Legislation Amendment Act 2017 (2017 No 15).

Section 360B(2)(c)(iv): amended, on 3 December 2013, for all purposes, by section 82(1) of the Resource Management Amendment Act 2013 (2013 No 63).

Section 360B(2)(d): inserted, on 3 December 2013, for all purposes, by section 82(2) of the Resource Management Amendment Act 2013 (2013 No 63).