Hon Phil Heatley
Government Bill
239—1
Explanatory note
1 Title
2 Commencement
Part 1Amendments to Aquaculture Reform (Repeals and Transitional Provisions) Act 2004
3 Principal Act amended
4 Purpose
5 Arrangement of this Act
6 Leases and licences deemed to be coastal permits
7 Holder of deemed coastal permit to be treated as holder of fish farm registration pending registration by chief executive
8 New sections 17A and 17B inserted
17A Term of certain leases extended
17B Marine Farming Permit 364 deemed to be coastal permit
9 Marine farming permits deemed to be coastal permits
10 Certain spat catching permits deemed to be coastal permits
11 Section 24 repealed
12 Completion of certain matters pending at commencement of Act
13 New sections 25A and 25B inserted
25A Assessment of effect on fishing of applications pending at commencement of Act
25B Information and matters to be considered in relation to applications to which section 25A applies
14 Applications after commencement of Act
15 New sections 26A and 26B inserted
26A Assessment of effect on fishing of applications after commencement of Act
26B Information and matters to be considered in relation to applications to which section 26A applies
16 Order of processing applications and requests for aquaculture decision in relation to aquaculture management area or interim aquaculture management area
17 Holder of deemed coastal permit to be treated as holder of fish farmer registration pending registration by chief executive
18 Interpretation
19 Transfer of provisional catch history
20 New section 44 substituted
44 Effect of aquaculture decision in relation to interim aquaculture management area
21 New heading and sections 44A to 44N inserted
Allocation of authorisations to trustee
44A Overview of sections 44B to 44L
44B Notifications of period to negotiate and enter into agreement about 20% space
44C Trustee to notify iwi aquaculture organisations of notice received from regional council
44D Position at conclusion of negotiations
44E Allocation of authorisations to trustee
44F Space to be allocated must be of economic size
44G Allocation of authorisations to trustee in relation to staged developments and harbours
44H Appeal to Environment Court against regional council's decision
44I Application for coastal permits for occupation of space referred to in section 44A(1) subject to reservation relating to commercial fishing for stocks subject to the quota management system
44J Time within which iwi aquaculture organisation may lodge aquaculture agreement if trustee not authorised to enter into aquaculture agreement
44K Time within which trustee may lodge aquaculture agreement on behalf of all recognised iwi aquaculture organisations concerned
44L When authorisations allocated to trustee lapse
Gazetted aquaculture areas
44M Areas that become aquaculture management areas before commencement of Part 1 of Aquaculture Legislation Amendment Act (No 3) 2010 to be treated as Gazetted aquaculture areas
44N Further provisions relating to Gazetted aquaculture areas
22 Section 45 substituted
45 Status of former deemed aquaculture management areas
23 New sections 47 to 47B substituted
47 Pending applications where moratorium ends on close of 31 December 2004
47A Applications made from 1 January 2005 to 10 May 2006
47B Processing of applications that sections 47 and 47A apply to
24 Certain coastal permits granted during moratorium not to be exercised until end of moratorium
25 Preferential right for deemed permit holder to apply to coastal permit for occupation
26 Pre-moratorium and pre-commencement applications for coastal permits not subject to moratorium
27 New sections 50A and 50B inserted
50A Assessment of effect on fishing of applications to which section 50(3) applies
50B Information and matters to be considered in relation to applications to which section 50A applies
28 Off-site farms
29 New section 56 substituted
56 Restriction on erection of structures in coastal marine area
30 Schedules 1 and 2 added
Part 2Amendments to Fisheries Act 1996
31 Principal Act amended
32 Interpretation
33 Application of Resource Management Act 1991
34 Interpretation
35 New sections 186D to 186GA substituted
186D Chief executive may seek information for purposes of making aquaculture decision
186E Chief executive to make aquaculture decision
186F Provision of fisheries information relating to stock
186G Aquaculture decisions must not be made in relation to certain areas
186GA Matters to be considered before aquaculture decision made
36 Requirements for aquaculture decision
37 Section 186I repealed
38 Judicial review of aquaculture decision
39 New section 186ZD substituted
186ZD Interpretation
40 Register of aquaculture agreements
41 New section 186ZF substituted
186ZF Fishers whose consent is necessary for aquaculture agreement
42 High Court may consent to aquaculture agreement on behalf of non-consenting persons
43 Period within which aquaculture agreements must be lodged for registration
44 No proceedings to be taken against chief executive
45 Memorials
46 New heading and section 186ZM inserted
Pre-request aquaculture agreements
186ZM Pre-request aquaculture agreements
47 General regulations
48 Requirements applying generally to applications and requests under this Act
Part 3Amendments to Maori Commercial Aquaculture Claims Settlement Act 2004
49 Principal Act amended
50 Interpretation
51 Meaning of settlement assets
52 Heading above section 7 amended
53 Sections 7 to 16 repealed and sections 7 to 7D substituted
7 Purpose of sections 7A to 7D
7A Crown's obligations in respect of new space
7B Purchase of coastal permits by the Crown for new space
7C Purchase of coastal permits to occupy new space for aquaculture activities, including purchase of improvements for new space
7D Regional agreements
54 Expiry, lapsing, or cancellation of coastal permit to occupy space for aquaculture activities
55 Crown's obligations
56 Section 25 repealed
57 Section 26 repealed
58 Allocation of assets to iwi of region
59 Basis of allocation of settlement assets
Part 4Amendments to Resource Management Act 1991
60 Principal Act amended
61 Interpretation
62 Section 12A repealed
63 Section 12B repealed
64 Functions of Minister of Conservation
65 New section 28B inserted
28B Functions of Minister of Aquaculture
66 Functions of regional councils under this Act
67 Consideration of alternatives, benefits, and costs
68 Local authority policy on discounting administrative charges
69 Persons who may be given hearing authority
70 Preparation and change of coastal plans
71 Content of regional plans
72 New section 68A inserted
68A Regional coastal plan not to authorise aquaculture activities in coastal marine area as permitted activities
73 When rules in proposed plans and changes have legal effect
74 Class of activities
75 Making an application
76 Consideration of applications
77 Heading above section 107E repealed
78 Section 107E repealed
79 New section 107F inserted
107F Applications to undertake aquaculture activities
80 Notification
81 When resource consent commences
82 New section 116A inserted
116A When coastal permit for aquaculture activities may commence
83 Duration of consent
84 New section 123A inserted
123A Duration of consent for aquaculture activities
85 Lapsing of consents
86 Change or cancellation of consent condition on application by consent holder
87 Circumstances when consent conditions can be reviewed
88 Decisions on review of consent conditions
89 Process if section 149M applies or proposed plan or change not yet prepared
90 New subpart 1 of Part 7A substituted
Subpart 1—Managing occupation in coastal marine area
165A Interpretation
165B Power of consent authorities to refuse to receive applications for coastal permits
165C Some applications for coastal permits must be cancelled
Regional coastal plan provisions relating to occupation of coastal marine area
165D Provisions about occupation of coastal marine area
165E Plan may specify allocation methods
165F Duty to adopt most efficient and effective allocation method
165G Offer of authorisations for activities in coastal marine area in accordance with plan
165H When applications not to be made or granted unless applicant holds authorisation in accordance with plan
165I Power to give directions relating to allocation of authorisations for space provided for in plan
Ministerial approval of use of method of allocating authorisations
165J Regional council may request use of allocation method
165K Stay on applications following request under section 165J
165L Minister of Conservation may approve use of allocation method
165M Period of approval
165N Offer of authorisations for activities in the coastal marine area where approved by Minister of Conservation
165O When applications not to be made or granted unless applicant holds authorisation in accordance with Gazette notice
Authorisations
165P Authorisation not to confer right to coastal permit
165Q Authorisation transferable
165R Authorisation lapses in certain circumstances
165S Public notice of offer of authorisations
165T Requirements for offers
165U Preferential rights of iwi
165V Acceptance of offer
165W Grant of authorisation
165X Tender money
165Y Use of tender money
Ministerial powers in relation to applications for coastal permits to undertake aquaculture activities in coastal marine area
165Z Ministerial power to suspend receipt of applications for coastal permits to occupy coastal marine area for purpose of aquaculture activities
165ZA Ministerial power to direct applications to be processed and heard together
91 Subpart 2 of Part 7A repealed
92 Application
93 Processing applications for existing permit hoders
94 Additional criteria for considering applications for permits for space already used for aquaculture activities
95 Right of objection to consent authority against certain decisions or requirements
96 New sections 360A to 360C inserted
360A Regulations amending regional coastal plans in relation to aquaculture activities
360B Conditions to be satisfied before regulations made under section 360A
360C Regional council's obligations
97 Transitional coastal plan occupation charges
98 Schedule 1 amended
99 Schedule 1A repealed
Amendments to regional coastal plans
100 Amendments to Tasman regional coastal plan
101 Amendments to Waikato regional coastal plan
Schedule 1 New Schedules 1 and 2 added
Schedule 2 Amendments to Tasman regional coastal plan
Schedule 3 Amendments to Waikato regional coastal plan
The Parliament of New Zealand enacts as follows: