Aquaculture Legislation Amendment Bill (No 3)

  • enacted

Aquaculture Legislation Amendment Bill (No 3)

Government Bill

239—2

As reported from the Primary Production Committee

Commentary

Recommendation

The Primary Production Committee has examined the Aquaculture Legislation Amendment Bill (No 3) and recommends that it be passed with the amendments shown.

Introduction

This bill seeks to amend the Resource Management Act 1991 (RMA), the Fisheries Act 1996, the Maori Commercial Aquaculture Claims Settlement Act 2004, and the Aquaculture Reform (Repeals and Transitional Provisions) Act 2004.

The bill would provide an efficient legislative and regulatory framework that would enable the sustainable development of aquaculture within the coastal marine area. It is part of a wider programme of reform (including non-regulatory measures) that seeks to provide for a more active role for the Government in the development and management of aquaculture. The bill seeks to be consistent with the intent of the Maori Commercial Aquaculture Claims Settlement Act, but would put an alternative delivery mechanism in place.

This commentary focuses on the main amendments we recommend and does not address minor technical amendments.

Marine Farming Permit 364

We recommend amending clause 8 to no longer insert new section 17B into the Aquaculture Reform (Repeals and Transitional Provisions) Act, and recommend inserting new clause 9A to instead insert these provisions, redrafted to clarify their effect, as new section 20A. The new section would provide that the holder of Marine Farming Permit 364 would be the holder of a coastal permit issued by the Waikato Regional Council under the RMA on the condition specified in new Schedule 1 of the Aquaculture Reform (Repeals and Transitional Provisions) Act.

Marine Farming Permit 364 relates to the Waikato Communal Area, a 22.5 hectare marine farm used collectively by marine farmers in the Coromandel for the catching and holding of mussel spat, and for oyster depuration. Several irregularities in the administration of the site by local and central Government agencies from the early 1980s to 1998 had led to the lawfulness of the site being challenged in a series of court actions. While we note it is an irregular occurrence for Parliament to validate a site in this manner, we believe it is warranted in this instance. No issues have arisen with the activities undertaken at the site during the almost 30 years it has been in use, the local authority has taken no action to stop the activity on the site, and it is considered to play an important role in the local marine farming industry. Validating the site would enable its continued use in its present form without being subject to further legal action, providing a timely resolution to the issue and minimising costs to the parties.

We recommend amending Schedule 1, which would add a new Schedule 1 to the Aquaculture Reform (Repeals and Transitional Provisions) Act, to amend the boundary definition condition to reflect up-to-date practice, and to insert a new condition requiring the consent holder to submit an environmental monitoring plan for Environment Waikato’s approval. New Schedule 1 would set out the term of and the conditions imposed by the coastal permit. The recommended amendments would ensure that the conditions are workable and are consistent with the standard conditions for such permits.

Undue adverse effects test

Background

In the current legislative regime, the RMA provides that resource consents for an aquaculture activity can be granted only in aquaculture management areas (AMAs) established in regional coastal plans. The Fisheries Act provides that a proposed AMA will be subject to a test (aquaculture decision) of whether it will have an undue adverse effect (UAE) on commercial, customary, or recreational fishing. If a UAE on customary or recreational fishing is found, there will be no ability to apply for consent for the aquaculture activity; if a UAE on commercial fishing is found, consent for the aquaculture activity can proceed only if an aquaculture agreement can be reached with the affected fishing quota owners; this has not occurred in practice.

The bill would remove the requirement for AMAs; consent applications would be managed under the RMA in the same way as other activities in the coastal marine area. The UAE test would be applied to provide an aquaculture decision on individual resource consents as they were granted. The bill would integrate the UAE test with the RMA consent process; it would reduce the share of affected quota whose owners would need to agree to an aquaculture agreement from 90 to 75 percent.

The bill includes some elements of a seafood industry proposal presented to the Minister in July 2010, which recommended an alternative approach to the UAE test. The Minister decided that most of the outcomes sought by the industry could be achieved by means other than legislation. However, in submissions to us, the industry again proposed that legislation should require a collective action process for negotiating aquaculture agreements, and should provide for a flexible process that included the ability to seek a UAE test at any stage of the consenting process. The industry believes this would be more efficient, have lower transaction costs, be fairer for small parties, and would require less government intervention in industry business.

We considered this proposal at length and noted the benefits industry believed would result. On balance, however, we have been advised that mandatory collective action would potentially allow quota holders to block new entrants and to extract disproportionate compensation. The seafood industry comprises a relatively small number of companies that have extensive quota holdings, and a large number of others with only small holdings. We therefore believe that, under the industry proposal, there would be the potential for large quota holders with interests in aquaculture to join forces to block aquaculture proposals in order to gain access to the space themselves, or to force an agreement favourable to their role as quota holders. The bill provides for pre-request aquaculture agreements to be lodged before a formal request for an aquaculture decision is made. Allowing this to be done at any point in the process would lead to difficulty in maintaining the sequence of separate applications and in measuring their cumulative effects.

We therefore recommend only amendments aimed at improving and clarifying the existing provisions of the bill, as we believe the bill as introduced provides the best balance between expediting the process and treating all applicants fairly.

Consultation

We recommend amending clause 35 to amend new section 186D(1) of the Fisheries Act to provide that the chief executive of the Ministry of Fisheries may consult while making an aquaculture decision (and that time spent on consultation not be included in the 20-day time limit for making the final aquaculture decision). The bill as introduced would remove the current mandatory requirement for the chief executive to consult on an aquaculture decision. We believe that proceeding without consultation would be appropriate in most cases to help speed up the process. In cases where the chief executive exercises their discretion to consult, we believe it is appropriate to allow consultation to take place, and for the time taken to not count against the 20 working days available to the chief executive to make the decision. We would expect the chief executive to undertake any consultation as expeditiously as possible.

Receipt of information

We also recommend amending clause 35 to amend new section 186D(2) to allow the chief executive to extend the closing date for the receipt of information. We consider that a definite closing date is still required to help provide the certainty required to speed up the process, but that an ability to specify a new, later date is required for situations such as when delays in the RMA process lead to updated information being required for the UAE test.

Sequence for aquaculture decisions

We also recommend amending clause 35 to insert new section 186EA to set out the order in which the chief executive should process requests for aquaculture decisions received from regional councils. We understand that the Ministry of Fisheries would process aquaculture decisions in the order that requests were received from councils. The sequence might be unclear if a council sent several requests together or if requests were received from several different councils at the same time. Our proposed amendments would clarify the sequence in which decisions should be processed. The amendments would allow decisions to be processed out of sequence if they were from different regional councils and did not otherwise affect each other, and where this would allow some decisions to be made more quickly.

Repeal of aquaculture management areas

We recommend inserting new clause 69A, which would amend section 43AAC(1) of the RMA, amending clause 73, which would amend section 86B, and amending clause 89, which would amend section 149N(8), so that aquaculture-related matters in a proposed plan (including a plan notified by the Environmental Protection Authority) would have immediate legal effect as per other activities listed at sections 86B(3) or 149N(8) of the RMA. This would provide the ability to lodge a consent application concurrently with a private plan change to remove a prohibited activity status, and would ensure that rules dealing with managing competition apply early enough in the plan change process to be effective.

We recommend amending clause 96, which would insert new sections 360A to 360C into the RMA, to clarify the scope of the proposed power enabling the Minister of Aquaculture to recommend the making of regulations amending regional coastal plans. It is not intended that the power should be able to override the functions and responsibilities of regional councils and the Minister of Conservation under subpart 1 of Part 7A of the RMA, but this is not clear in the bill as introduced.

Coastal permits

We recommend amending clause 75, which would amend section 88 of the RMA, to delete new subsection 2B. In the bill as introduced, new subsection 2B would limit the range of information an applicant would be required to provide to a consent authority when seeking a consent to continue an existing aquaculture activity beyond the original term. We believe that this reform is more appropriately left to be considered in a wider legislative review of the RMA.

We recommend inserting new clause 75A to insert new section 88F into the RMA. This would allow an applicant for a coastal permit for aquaculture activities to pause the resource consent process to enable an opportunity to conclude a pre-request aquaculture agreement. This would facilitate the aquaculture agreement process.

Coastal planning, allocation, and managing demand

We recommend amending clause 90, which would substitute subpart 1—Managing occupation in coastal marine area—of Part 7A of the RMA, to clarify the operation of the existing coastal planning regime, of the proposed new intervention tools, and how they would work together.

Allocation of coastal space

We recommend amending sections 165D to 165I of new subpart 1 to provide further clarification to these sections. We also recommend further amendments to clarify sections 165J to 165O which would provide a new power for the Minister of Conservation to approve a regional council request to immediately use an allocation method, such as tendering, in situations where there is high or competing demand for the occupation of space in the coastal marine area. This mechanism would relate to any RMA-regulated occupations in the coastal marine area including aquaculture. The proposed new responsibilities would sit alongside the Minister of Conservation’s other responsibilities for management of the coastal marine area including preparation of the New Zealand Coastal Policy Statement.

Scope and purpose of Minister of Aquaculture’s powers

We recommend replacing section 165Z of new subpart 1 with new sections 165Z to 165ZC, which would provide new powers for the Minister of Aquaculture to suspend the receipt of applications for coastal permits to occupy the coastal marine area for the purpose of aquaculture activities. The amendments would clarify the scope and purpose of the powers.

We recommend replacing section 165ZA with new sections 165ZD to 165ZFF. New sections 165ZD and 165ZE would provide new powers for the Minister of Aquaculture to direct that such applications be processed and heard together. New sections 165ZF to 165ZFF would clarify what “process and hear together” means in the context of determining coastal permit applications to occupy space in the coastal marine area for the purpose of any activity in the common marine and coastal area. A requirement to “process and hear together” could be triggered by a regional coastal plan provision (amendment to clause 165D), a direction by the Minister of Conservation to process and hear together (clause 165L), and when the Minister of Aquaculture makes such a direction (new clause 165ZD). The requirement could include other applications for coastal permits related to the activity for which the occupation consent is sought.

Appendix

Committee process

The Aquaculture Legislation Amendment Bill (No 3) was referred to the committee on 16 November 2010. The closing date for submissions was 11 February 2011. We received and considered 120 submissions from interested groups and individuals. We heard 57 submissions, which included holding hearings in Auckland.

We received advice from the Ministry of Fisheries, the Department of Conservation, and the Ministry for the Environment.

Committee membership

Shane Ardern (Chairperson)

Hon Jim Anderton

Brendon Burns (to 9 February 2011)

Dr Ashraf Choudhary

Craig Foss

Sandra Goudie

Colin King

Moana Mackey (from 9 February 2011)

Hon Damien O’Connor

David Clendon was a non-voting member for this item of business


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Hon Phil Heatley

Aquaculture Legislation Amendment Bill (No 3)

Government Bill

239—2

Contents

1 Title

2 Commencement

Part 1
Amendments 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 section 17A inserted

9 Marine farming permits deemed to be coastal permits

9A New section 20A inserted

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

14 Applications after commencement of Act

15 New sections 26A and 26B inserted

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 Application for aquaculture decision in relation to interim aquaculture management area

20 New section 44 substituted

21 New headings and sections 44A to 44N inserted

Allocation of authorisations to trustee

Gazetted aquaculture areas

22 New section 45 substituted

23 New sections 47 to 47E substituted

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

27A Section 52 repealed

28 Off-site farms

28A Transitional provision relating to requirements to keep records and returns

29 New section 56 substituted

30 Schedules 1 and 2 added

Part 2
Amendments to Fisheries Act 1996

31 Principal Act amended

32 Interpretation

33 Application of Resource Management Act 1991

33A Heading to subpart 1 of Part 9A amended

34 Interpretation

35 New sections 186D to 186GA substituted

36 Requirements for aquaculture decision

37 Section 186I repealed

38 Judicial review of aquaculture decision

39 New section 186ZD substituted

40 Register of aquaculture agreements

41 New section 186ZF substituted

42 High Court may consent to aquaculture agreement on behalf of non-consenting persons

42A Lodging aquaculture agreements with chief executive for registration

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

47 General regulations

48 Requirements applying generally to applications and requests under this Act

48A Amendments to Fisheries Regulations

Part 3
Amendments 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 15 repealed and sections 7 to 11 substituted

53A New section 16 substituted

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 4
Amendments 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

66 Functions of regional councils under this Act

67 Consideration of alternatives, benefits, and costs

67A Transfer of powers

68 Local authority policy on discounting administrative charges

68A Power of waiver and extension of time limits

69 Persons who may be given hearing authority

69A Meaning of proposed plan

70 Preparation and change of coastal plans

71 Content of regional plans

72 New section 68A inserted

73 When rules in proposed plans and changes have legal effect

74 Class of activities

75 Making an application

75A New section 88F inserted

76 Consideration of applications

77 Heading above section 107E repealed

78 Section 107E repealed

79 New section 107F inserted

80 Notification

81 When resource consent commences

82 New section 116A inserted

83 Duration of consent

84 New section 123A inserted

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

89A Heading to Part 7A amended

90 New subpart 1 of Part 7A substituted

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

Ministerial approval of use of method of allocating authorisations

Authorisations

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

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

Processing and hearing together of applications for coastal permits

91 Subpart 2 of Part 7A repealed

92 Application

92 Application

93 Processing applications for existing permit holders

93A Applications for space already used for aquaculture activities

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

97 Transitional coastal plan occupation charges

98 Schedule 1 amended

99 Schedule 1A repealed

Amendments to regional coastal plans

100 Amendments to proposed Tasman regional coastal plan

101 Amendments to Waikato regional coastal plan

Schedule 1
New Schedules 1 and 2 added

Schedule 1A
Amendments to Part 4 of Schedule 2 of Fisheries (Commercial Fishing) Regulations 2001

Schedule 1B
Amendments to Fisheries (Registers) Regulations 2001

Schedule 2
Amendments to Tasman regional coastal plan

Schedule 3
Amendments to Waikato regional coastal plan


The Parliament of New Zealand enacts as follows:

1 Title
  • This Act is the Aquaculture Legislation Amendment Act (No 3) 2010.

2 Commencement
  • (1) Section 69(3) comes into force 2 3 years after the date on which this Act receives the Royal assent.

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

Part 1
Amendments to Aquaculture Reform (Repeals and Transitional Provisions) Act 2004

3 Principal Act amended
  • This Part amends the Aquaculture Reform (Repeals and Transitional Provisions) Act 2004.

4 Purpose
  • (1) Section 3(c) is amended by adding ; and.

    (2) Section 3 is amended by adding the following paragraph:

    • (d) to provide for transitional matters relating to amendments made in 2010 2011 to the Fisheries Act 1996, Resource Management Act 1991, and Maori Commercial Aquaculture Claims Settlement Act 2004 to further reform the law relating to aquaculture, including the removal of requirements relating to aquaculture management areas.

5 Arrangement of this Act
  • (1) Section 4(1)(a) is amended by adding and subsequent legislative reform relating to aquaculture.

    (2) Section 4(1)(b) is amended by adding and subsequent legislative reform relating to aquaculture.

    (3) Section 4(1) is amended by repealing paragraph (c) and substituting the following paragraph:

    • (c) sections 34 to 54 deal with transitional matters relating to—

      • (i) the ending on 31 December 2004 of the moratorium established under the Resource Management (Aquaculture Moratorium) Amendment Act 2002 on the granting of coastal permits for aquaculture activities; and

      • (ii) the removal of the requirements relating to aquaculture management areas from the Resource Management Act 1991, Fisheries Act 1996, and Maori Commercial Aquaculture Claims Settlement Act 2004:.

    (4) Section 4(2) to (4) are repealed.

6 Leases and licences deemed to be coastal permits
  • (1) Section 10(2) is amended by repealing paragraph (b) and substituting the following paragraph:

    • (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.

    (2) Section 10 is amended by repealing subsection (4) and substituting the following subsections:

    • (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 3) 2010 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.

    (3) Section 10 is amended by repealing subsections (5) and (6) and substituting the following subsections:

    • (5) In exercising the power in subsection (4C), the consent authority must not amend the species or area covered by the permit.

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

    • (6A) 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.

    (4) Section 10(7) is repealed.

7 Holder of deemed coastal permit to be treated as holder of fish farm registration pending registration by chief executive
  • Section 17(2) is amended by inserting or, if section 16 applies, the date referred to in section 10(2)(b) after this Act.

8 New sections 17A and 17B section 17A inserted
  • The following sections are section is inserted after section 17:

    17A Term of certain leases extended
    • (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 119 and 137.

      (3) The term of each lease is extended to expire 3 years after the commencement of Part 1 of the Aquaculture Legislation Amendment Act (No 3) 2010.

      (4) Subsections (5) and (6) apply to leases 42, 53, and 64.

      (5) Each lease is to be treated as having been varied on and from the date on which it would otherwise have expired to extend its term to expire 3 years after the commencement of Part 1 of the Aquaculture Legislation Amendment Act (No 3) 2010.

      (6) During the term of a lease 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 the extension of its term.

      (7) Subsection (8) 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 3) 2010.

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

    17B Marine Farming Permit 364 deemed to be coastal permit
    • (1) This section applies to marine farming permit MFP 364, which was granted under the Fisheries Act 1983 on 7 May 1998 and which expires on 31 December 2023, in relation to that part of the coastal marine area to the east of Esk Point in the Coromandel Harbour known as the Waikato Communal Area.

      (2) Section 20 of this Act does not apply to marine farming permit MFP 364.

      (3) Marine farming permit MFP 364 is to be treated as—

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

      • (b) having been in force immediately before the commencement of Part 1 of the Aquaculture Legislation Amendment Bill (No 3); and

      • (c) a deemed coastal permit granted under the Resource Management Act 1991 on the commencement of Part 1 of the Aquaculture Legislation Amendment Bill (No 3) by the Waikato Regional Council, and on the conditions referred to in Schedule 1, for the following activities:

        • (i) the marine farming of Green Mussels (Perna canaliculus) and Pacific Oysters (Crassostrea gigas); and

        • (ii) the occupation of 22.5 hectares of space in the coastal marine area known as the Waikato Communal Area; and

        • (iii) any associated existing structures; and

        • (iv) any associated discharges; and

        • (v) any associated disturbance of, and deposition on, the seabed.

      (4) Nothing in this section prevents the consent holder from applying for a change or cancellation of consent conditions under section 127 of the Resource Management Act 1991.

      (5) Nothing in this section prevents the consent authority from reviewing the conditions of consent in terms of section 128 of the Resource Management Act 1991.

      (6) In this section, the Waikato Communal Area means the rectangular 22.5 hectare (more or less) coastal marine space covered by 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, more particularly described as commencing at a point bearing 325° 805 metres from Trig 238 Tuhana and bounded by the lines running 90° 750 metres, 360° 300 metres, 270° 750 metres, 180° 300 metres to the point of commencement.

9 Marine farming permits deemed to be coastal permits
  • (1) Section 20 is amended by repealing subsection (3) and substituting the following subsections:

    • (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.

    (2) Section 20 is amended by repealing subsections (4) and (5) and substituting the following subsections:

    • (4) In exercising the power in subsection (3C), the consent authority must not amend the species or area covered by the permit.

    • (5) The holder of a coastal permit referred to in subsection (2) may appeal or object under subsection (5A)

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

    • (5A) The holder of a coastal permit referred to in subsection (2) 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.

    • (5B) A coastal permit referred to in subsection (2) expires on the same date as the coastal permit that relates to the marine farming permit that is deemed by subsection (2) to be a coastal permit.

9A New section 20A inserted
  • The following section is inserted after section 20:

    20A Marine Farming Permit 364 for Waikato Communal Area
    • (1) This section applies in relation to marine farming permit MFP 364 for the Waikato Communal Area, which was granted under the Fisheries Act 1983 on 7 May 1998 and which expires on 31 December 2023.

      (2) Section 20 of this Act does not apply to marine farming permit MFP 364.

      (3) Marine farming permit MFP 364 is to be treated as—

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

      • (b) having been in force immediately before the commencement of Part 1 of the Aquaculture Legislation Amendment Act (No 3) 2010.

      (4) The holder of marine farming permit MFP 364 is to be treated as having been authorised, on and from 7 May 1998, to occupy the Waikato Communal Area for the purpose of carrying out the activity authorised by the permit.

      (5) On and from the commencement of Part 1 of the Aquaculture Legislation Amendment Act (No 3) 2010, the holder of marine farming permit MFP 364 is deemed to be the holder of a coastal permit granted by the Waikato Regional Council on the conditions referred to in Schedule 1 for the following activities:

      • (a) the marine farming of Green Mussels (Perna canaliculus) and Pacific Oysters (Crassostrea gigas); and

      • (b) the occupation of the Waikato Communal Area; and

      • (c) any associated existing structures; and

      • (d) any associated discharges; and

      • (e) any associated disturbance of, and deposition on, the seabed.

      (6) Nothing in this section prevents the holder of the coastal permit from applying for a change or cancellation of the conditions of the permit under section 127 of the Resource Management Act 1991.

      (7) Nothing in this section prevents the consent authority from reviewing the conditions of the coastal permit in terms of section 128 of the Resource Management Act 1991.

      (8) In this section, the Waikato Communal Area means the rectangular 22.5 hectare (more or less) coastal marine area to the east of Esk Point in the Coromandel Harbour, more particularly described as commencing at a point bearing 325° 805 metres from Trig 238 Tuhana and bounded by the lines running 90° for 750 metres, 360° for 300 metres, 270° for 750 metres, and 180° for 300 metres to the point of commencement.

10 Certain spat catching permits deemed to be coastal permits
  • (1) Section 21 is amended by repealing subsection (3) and substituting the following subsections:

    • (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.

    (2) Section 21 is amended by repealing subsections (4) and (5) and substituting the following subsections:

    • (4) In exercising the power in subsection (3C), the consent authority must not amend the species or area covered by the permit.

    • (5) The holder of a coastal permit referred to in subsection (2) may appeal or object under subsection (5A)

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

    • (5A) The holder of the coastal permit referred to in subsection (2) 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.

11 Section 24 repealed
  • Section 24 is repealed.

12 Completion of certain matters pending at commencement of Act
  • Section 25 is amended by repealing subsection (1) and substituting the following subsections:

    • (1) If a person to whom subsection (2) applies makes an application to which subsection (3) applies, the application is to be continued and completed under the principal Act as it was before the commencement of this Act.

    • (1A) Subsection (1) applies subject to section 25A.

13 New sections 25A and 25B inserted
  • The following sections are inserted after section 25:

    25A Assessment of effect on fishing 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 3) 2010, has not been determined.

      (2) The chief executive may, in addition to seeking information from the applicant under section 67J(7) of the principal Act, seek information relevant to the application from—

      • (a) any fisher whose interests may be affected if the application is granted; and

      • (b) 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 if the application is granted.

      (3) The chief executive may set a date by which information must be provided and is not required to consider or take into account any information received after that date.

      (3) The chief executive—

      • (a) may set a date by which information must be provided and may grant 1 or more extensions of that date if he or she considers it necessary to do so; and

      • (b) is not required to consider or take into account any information received after that date or extended date (as the case may be).

      (4) The chief executive must—

      • (a) grant the application under section 67J, 67K, or 67Q of the principal Act (as the case may require) if the chief executive is satisfied that the activities contemplated by the application would not have an undue adverse effect on fishing; but

      • (b) decline the application under section 67J, 67K, or 67Q of the principal Act (as the case may require) if the chief executive is not satisfied that the activities contemplated by the application would not have an undue adverse effect on fishing.

      (5) However, the chief executive must defer making a decision whether to grant or decline the application under section 67J, 67K, or 67Q of the principal Act (as the case may require) 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; 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.

      (6) To avoid doubt, subsections (4) and (5) apply in place of section 67J(8) of the principal Act.

      (7) If subsection (4) applies but subsection (5) does not, the chief executive must give a notice to the applicant and give public notification—

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

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

      (8) If subsection (5) applies, the chief executive must give a notice to the applicant and give public notification accordingly. The notice and public notification must also—

      • (a) specify—

        • (i) the area concerned; and

        • (ii) the stocks subject to the quota management system in the area that are the reason for the chief executive's view under subsection (5)(b); and

      • (b) specify the chief executive's reasons for deciding that subsection (5) applies; and

      • (c) contain a copy, or statement to the effect, of subsections (9) and (10).

      (9) 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 under section 186ZI(4) of the Fisheries Act 1996.

      (10) The chief executive 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 under section 186ZI(4) of the Fisheries Act 1996.

      (11) For the purposes of this section, the reference in section 67J(10) of the principal Act to adverse effects on fishing or the sustainability of any fisheries resource must be read as if it were a reference to adverse effects on fishing.

      (12) Any person wishing to seek, under Part 1 of the Judicature Amendment Act 1972, judicial review of a decision under this section must do so within 15 30 working days after the decision.

      (13) The provisions in Schedule 2 have effect in relation to aquaculture agreements for the purpose of this section.

      (14) 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 Schedule 2

      commercial fishing means the fishing, authorised by a permit issued under section 91 of the Fisheries Act 1996, of stocks subject to the quota management system

      public notification has the same meaning as in section 2(1) of the Fisheries Act 1996.

    25B Information and matters to be considered in relation to applications to which section 25A applies
    • (1) In making a decision under section 25A(4) or (5), the chief executive must have regard to any—

      • (a) information held by the Ministry of Fisheries; and

      • (b) information supplied by the applicant; and

      • (c) information supplied to the chief executive by the persons referred to in section 25A(2), whether before or after the commencement of Part 1 of the Aquaculture Legislation Amendment Act (No 3) 2010; and

      • (d) other information requested and obtained by the chief executive from any other source.

      • (d) any other information that the chief executive has requested and obtained.

      (2) In considering for the purposes of section 25A(4) and (5) whether granting the application 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 that the application relates to in relation to areas in which fishing is carried out:

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

      • (c) the degree to which the granting of the permit in the area that the application relates to will lead to the exclusion of fishing:

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

      • (e) the extent to which the granting of the permit will increase the cost of fishing:

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

      (3) This section applies subject to section 25A(3).

14 Applications after commencement of Act
  • (1) Section 26 is amended by repealing subsection (2) and substituting the following subsections:

    • (2) The application must be made and completed under the principal Act as it was before the commencement of this Act.

    • (2A) Subsection (2) applies subject to section 26A.

    (2) Section 26 is amended by adding the following subsections:

    • (5) Subsections (6) and (7) apply to a person who—

      • (a) holds a coastal permit or certificate of compliance to occupy a coastal marine area for the purposes of marine farming or spat catching that was granted before the commencement of this Act; and

      • (b) has previously made an application for a marine farming permit or spat catching permit that met the criteria in subsection (1)(b), but which was declined.

    • (6) The person may make 1 further application for a marine farming permit or spat catching permit in accordance with subsection (1) before the date that is 12 months after the commencement of Part 1 of the Aquaculture Legislation Amendment Act (No 3) 2010.

    • (7) However, if the person has made a subsequent application for a marine farming permit or spat catching permit in accordance with subsection (1) before the commencement of Part 1 of the Aquaculture Legislation Amendment Act (No 3) 2010, but which has not been determined before commencement of that Part, the person may not make a further application in accordance with subsection (1).

15 New sections 26A and 26B inserted
  • The following sections are inserted after section 26:

    26A Assessment of effect on fishing of applications after commencement of Act
    • (1) This section applies to an application—

      • (a) that section 26 applies to, whether the application is made before, on, or after the commencement of Part 1 of the Aquaculture Legislation Amendment Act (No 3) 2010; 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 may, in addition to seeking information from the applicant under section 67J(7) of the principal Act, seek information relevant to the application from—

      • (a) any fisher whose interests may be affected if the application is granted; and

      • (b) 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 if the application is granted.

      (3) The chief executive may set a date by which information must be provided and is not required to consider or take into account any information received after that date.

      (3) The chief executive—

      • (a) may set a date by which information must be provided and may grant 1 or more extensions of that date if he or she considers it necessary to do so; and

      • (b) is not required to consider or take into account any information received after that date or extended date (as the case may be).

      (4) The chief executive must—

      • (a) grant the application under section 67J, 67K, or 67Q of the principal Act (as the case may require) if the chief executive is satisfied that the activities contemplated by the application would not have an undue adverse effect on fishing; but

      • (b) decline the application under section 67J, 67K, or 67Q of the principal Act (as the case may require) if the chief executive is not satisfied that the activities contemplated by the application would not have an undue adverse effect on fishing.

      (5) However, the chief executive must defer making a decision whether to grant or decline the application under section 67J, 67K, or 67Q of the principal Act (as the case may require) 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; 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.

      (6) To avoid doubt, subsections (4) and (5) apply in place of section 67J(8) of the principal Act.

      (7) If subsection (4) applies but subsection (5) does not, the chief executive must give a notice to the applicant and give public notification—

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

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

      (8) If subsection (5) applies, the chief executive must give a notice to the applicant and give public notification accordingly. The notice and public notification must also—

      • (a) specify—

        • (i) the area concerned; and

        • (ii) the stocks subject to the quota management system in the area that are the reason for the chief executive's view under subsection (5)(b); and

      • (b) specify the chief executive's reasons for deciding that subsection (5) applies; and

      • (c) contain a copy, or statement to the effect, of subsections (9) and (10).

      (9) 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 under section 186ZI(4) of the Fisheries Act 1996.

      (10) The chief executive 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 under section 186ZI(4) of the Fisheries Act 1996.

      (11) For the purposes of this section, the reference in section 67J(10) of the principal Act to adverse effects on fishing or the sustainability of any fisheries resource must be read as if it were a reference to adverse effects on fishing.

      (12) Any person wishing to seek, under Part 1 of the Judicature Amendment Act 1972, judicial review of a decision under this section must do so within 15 30 working days after the decision.

      (13) The provisions in Schedule 2 have effect in relation to aquaculture agreements for the purpose of this section.

      (14) 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 Schedule 2

      commercial fishing means the fishing, authorised by a permit issued under section 91 of the Fisheries Act 1996, of stocks subject to the quota management system

      public notification has the same meaning as in section 2(1) of the Fisheries Act 1996.

    26B Information and matters to be considered in relation to applications to which section 26A applies
    • (1) In making a decision under section 26A(4) or (5), the chief executive must have regard to any—

      • (a) information held by the Ministry of Fisheries; and

      • (b) information supplied by the applicant; and

      • (c) information supplied to the chief executive by the persons referred to in section 26A(2), whether before or after the commencement of Part 1 of the Aquaculture Legislation Amendment Act (No 3) 2010; and

      • (d) other information requested and obtained by the chief executive from any other source.

      • (d) any other information that the chief executive has requested and obtained.

      (2) In considering for the purposes of section 26A(4) and (5) whether granting the application 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 that the application relates to in relation to areas in which fishing is carried out:

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

      • (c) the degree to which the granting of the permit in the area that the application relates to will lead to the exclusion of fishing:

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

      • (e) the extent to which the granting of the permit will increase the cost of fishing:

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

      (3) This section applies subject to section 26A(3).

16 Order of processing applications and requests for aquaculture decision in relation to aquaculture management area or interim aquaculture management area
  • (1) The heading to section 27 is amended by omitting aquaculture management area or.

    (2) Section 27(1) is amended by omitting an aquaculture management area or.

    (3) Section 27(1)(b) is amended by adding or section 37 of this Act.

17 Holder of deemed coastal permit to be treated as holder of fish farmer registration pending registration by chief executive
  • Section 29(2) is amended by inserting or any later date on which the application for a marine farming permit or spat catching permit was granted after this Act.

18 Interpretation
  • (1) Section 35 is amended by inserting the following definitions in their appropriate alphabetical order:

    agreed space means space identified in an agreement under sections 44B to 44D for allocation to the trustee

    aquaculture agreement has the same meaning as in section 186ZD of the Fisheries Act 1996

    commercial fishing has the same meaning as in section 2(1) of the Fisheries Act 1996

    Gazetted aquaculture area means an area—

    • (a) described and defined in a Gazette notice under section 44(2), including any amendments made to the area under section 44(5) or 44N; or

    • (b) that is deemed to be a Gazetted aquaculture area under section 44M, including any amendments made to that area under section 44N

    identified space means space identified in a public notice under section 44E(1) for allocation to the trustee

    iwi aquaculture organisation means an iwi aquaculture organisation recognised under section 33 of the Maori Commercial Aquaculture Claims Settlement Act 2004

    recognised iwi organisation has the same meaning as in section 5 of the Maori Fisheries Act 2004

    settlement assets has the same meaning as in section 5 of the Maori Commercial Aquaculture Claims Settlement Act 2004

    trustee means Te Ohu Kai Moana Trustee Limited, a company established in accordance with section 33 of the Maori Fisheries Act 2004.

    (2) Section 35 is amended by repealing paragraph (b) of the definition of interim aquaculture management area and substituting the following paragraph:

    • (b) does not include a coastal marine area described in paragraph (a) that became an aquaculture management area under this Act before the commencement of Part 1 of the Aquaculture Legislation Amendment Act (No 3) 2010.

19 Transfer of provisional catch history Application for aquaculture decision in relation to interim aquaculture management area
  • Section 37(2) is amended by omitting section 39(a) and substituting section 39(1)(a).

20 New section 44 substituted
  • Section 44 is repealed and the following section substituted:

    44 Effect of aquaculture decision in relation to interim aquaculture management area
    • (1) A regional council must, after being notified of an aquaculture decision in relation to an interim aquaculture management area,—

      • (a) comply, as soon as practicable, with sections 44B to 44D and, if necessary, section 44E; and

      • (b) notify the chief executive, immediately, when it has completed its allocation of authorisations to the trustee under those provisions.

      (1A) Subsection (1) applies whether the aquaculture decision is made before or after the commencement of Part 1 of the Aquaculture Legislation Amendment Act (No 3) 2010.

      (2) On receipt of a notice under subsection (1)(b), the chief executive must,—

      • (a) if the chief executive made a determination in relation to the interim aquaculture management area (whether the whole area or part of it), publish a notice in the Gazette that describes and defines the area that the determination relates to as an aquaculture area; and

      • (b) if the chief executive made a reservation in relation to commercial fishing for stocks subject to the quota management system in relation to the interim aquaculture management area (whether the whole area or part of it), give public notification that any application for a coastal permit to undertake aquaculture activities in the area that the reservation relates to will be cancelled (unless already cancelled under section 44D(5) or 44E(7)) if an aquaculture agreement is not lodged with the chief executive within 6 months from the date of the notice.

      (3) Subpart 4 of Part 9A of the Fisheries Act 1996 applies to an aquaculture agreement referred to in subsection (2)(b), with the following modifications:

      • (a) section 186ZF(2) applies to the persons specified in that section as at 5 pm on the date on which public notice is given under subsection (2)(b); and

      • (b) section 186ZI(1)(b) applies as if it referred to 6 months after the date of the notice under subsection (2)(b) of this Act.

      (4) Subsection (5) applies if, before the expiry of the period specified in subsection (2)(b) or section 44J or 44K, a person referred to in subsection (2)(b) an applicant for a coastal permit to undertake aquaculture activities in the area, an iwi aquaculture organisation, or the trustee, as the case may be, lodges an aquaculture agreement in respect of an area in relation to which the chief executive made a reservation in relation to commercial fishing for stocks subject to the quota management system.

      (5) If this subsection applies, the chief executive must, as soon as practicable after the aquaculture agreement is lodged, publish a notice in the Gazette that amends the aquaculture area defined and described in any previous Gazette notice under this section by describing and defining the area that the aquaculture agreement relates to.

21 New heading headings and sections 44A to 44N inserted
  • The following heading headings and sections are inserted after section 44:

    Allocation of authorisations to trustee

    44A Overview of sections 44B to 44L
    • (1) The purpose of sections 44B to 44L is to provide a process for allocation to the trustee of authorisations in respect of 20% of any space in an interim aquaculture management area in respect of which the chief executive has made a determination or a reservation relating to commercial fishing for stocks subject to the quota management system.

      (2) Sections 44B to 44D provide a negotiating period for the persons specified in section 44B(2) to try to reach an agreement about the allocation of authorisations in respect of the space.

      (3) Sections 44E to 44H provide a process for allocation of authorisations in respect of the space, if the persons specified in section 44B(2) have failed to reach agreement.

      (4) Sections 44E to 44H apply only to the extent that an agreement is not entered into by the persons specified in section 44B(2) within the required period.

      (5) Section 44I to 44L deal with the lodging of aquaculture agreements by the trustee and when authorisations allocated to the trustee lapse.

    44B Notifications of period to negotiate and enter into agreement about 20% space
    • (1) A regional council that is required to comply with this section under section 44(1) must notify the persons specified in subsection (2) that they have the period specified in subsection (3) to negotiate to enter into an agreement identifying 20% of the space referred to in section 44A(1) for allocation to the trustee.

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

      • (a) the trustee; and

      • (b) any person who has applied for a coastal permit in relation to the space referred to in section 44A(1).

      (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.

    44C 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 44B, 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 under the Maori Commercial Aquaculture Claims Settlement Act 2004, 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 space referred to in section 44A(1) belongs, an agreement (subject to their subsequent approval) with the other persons specified in section 44B(2) on the 20% of the space referred to in section 44A(1) 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 under the Maori Commercial Aquaculture Claims Settlement Act 2004, 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.

    44D 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 44E.

      (2) If, at any time before 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 44E; and

      • (b) must allocate to the trustee authorisations for the agreed space, in accordance with the agreement, as soon as practicable after receiving the agreement.

      (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 into by the iwi aquaculture organisations for all the iwi in relation to the regional coastline or harbour to which the space referred to in section 44A(1) belongs; and

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

        • (iii) any applicant for a coastal permit in the space referred to in section 44A(1):

      • (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) any applicant for a coastal permit in the space referred to in section 44A(1).

      (4) For the purposes of this section, any space referred to in section 44A(1) must be treated as available for allocation of authorisations under the agreement.

      (5) An application to which section 47A of this Act or section 150B(2) or 165BC of the principal Act applies is cancelled to the extent that the space to which it applies is agreed space, on and from the date of the agreement.

    44E Allocation of authorisations to trustee
    • (1) A regional council that is required to comply with this section under section 44D(1) must, by public notice, identify 20% of the space referred to in section 44A(1) for allocation to the trustee.

      (2) The identified space must be representative of all the space in the space referred to in section 44A(1).

      (3) The regional council must allocate to the trustee authorisations for the identified space as soon as practicable after the date on which the space is identified.

      (4) For the purposes of this section, any space in the space referred to in section 44A(1) must be treated as available for allocation of authorisations.

      (5) If the space referred to in section 44A(1) includes space that is subject to a reservation relating to commercial fishing for stocks subject to the quota management system, the representative space allocated to the trustee must include 20% of the space that is subject to the reservation and that is representative of all the space referred to in section 44A(1) that is subject to the reservation.

      (6) In identifying whether space is representative for the purposes of this section, a regional council must have regard to—

      • (a) the overall productive capacity of the space referred to in section 44A(1); and

      • (b) the provisions of any regional coastal plan or proposed regional coastal plan that relate to the space referred to in section 44A(1).

      (7) An application to which section 47A of this Act or section 150B(2) or 165BC of the principal Act applies is cancelled to the extent that the space to which it applies is identified space, on and from the date the identified space was publicly notified under subsection (1).

      (8) This section applies subject to sections 44F and 44G.

    44F Space to be allocated must be of economic size
    • (1) The space identified under section 44E must be of an economic size.

      (2) However, if it is not possible for a regional council to comply with subsection (1), the regional council must identify space that is of an economic size even though the space is not representative.

      (3) However, if it is not possible for a regional council to comply with subsection (2), the regional council must identify space that comprises a single area.

      (4) Space identified under subsection (2) or (3) must not have less than average productive capacity compared with the space referred to in section 44A(1) that it was originally intended to be representative of.

    44G Allocation of authorisations to trustee in relation to staged developments and harbours
    • (1) For the purposes of section 44E, if the space referred to in section 44A(1) includes space in a staged development or a harbour, then,—

      • (a) to comply with section 44E(1), the public notice given by the regional council must identify 20% of the space referred to in section 44A(1) separately for each stage of the staged development or harbour; and

      • (b) to comply with section 44E(2), that space must be representative of space referred to in section 44A(1) available at each stage of the staged development or harbour; and

      • (c) to comply with section 44E(3), the regional council must allocate to the trustee authorisations for that space.

      (2) The identification of space in a staged development under section 44E(1) is to be treated as an interim identification, and any necessary adjustments may be made at the time that authorisations for the space for that stage are made available for applications for coastal permits or allocation of authorisations.

      (3) If the space to which a staged development applies is not made available for the allocation of authorisations or applications for coastal permits, the regional council must not allocate authorisations for that space to the trustee.

      (4) In this section,—

      harbour means a harbour listed in Schedule 2 of the Maori Commercial Aquaculture Claims Settlement Act 2004

      staged development means provision in a regional coastal plan or the principal Act for space to become available for application for coastal permits or allocation of authorisations on a date later than the operative date of the regional coastal plan.

    44H Appeal to Environment Court against regional council's decision
    • (1) The following persons may appeal to the Environment Court against a decision of a regional council under any of sections 44E, 44F, and 44G:

      • (a) an applicant for a coastal permit in the identified space:

      • (b) an iwi aquaculture organisation:

      • (c) a recognised iwi organisation:

      • (d) any other person who has an interest in aquaculture activities in the region concerned greater than the public generally.

      • (b) the trustee:

      • (c) an iwi aquaculture organisation or recognised iwi organisation for an iwi in relation to the regional coastline or harbour to which the space referred to in section 44A(1) relates.

      (2) An appeal under this section must be filed within 15 working days after the public notice is given under section 44E(1).

      (3) The Environment Court may confirm, amend, or cancel the decision of the regional council appealed against.

    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
    • (1) This section applies to agreed space or identified space if—

      • (a) authorisations for the space have been allocated to the trustee under section 44D(2)(b) or 44E; and

      • (b) the agreed or identified space is subject to a reservation relating to commercial fishing for stocks subject to the quota management system.

      (2) The only person who may apply for a coastal permit to occupy the agreed space or identified space for aquaculture activities is the holder of—

      • (a) an authorisation for the space; and

      • (b) an aquaculture agreement registered under section 186ZH of the Fisheries Act 1996.

    44J Time within which iwi aquaculture organisation may lodge aquaculture agreement if trustee not authorised to enter into aquaculture agreement
    • (1) This section applies if—

      • (a) authorisations for space have been allocated to the trustee under section 44D(2)(b) or 44E; and

      • (b) the space is subject to a reservation relating to commercial fishing for stocks subject to the quota management system; and

      • (c) the trustee has not been authorised to enter into an aquaculture agreement under section 44K.

      (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 with an interest in the authorisations; and

      • (b) the trustee has determined the entitlements for all those iwi in relation to the regional coastline or harbour to which the space referred to in section 44A(1) belongs.

      (3) The chief executive must, as soon as practicable after receiving the notice under subsection (2), notify in writing the trustee and every iwi aquaculture organisation and the regional council concerned of the receipt of the notice.

      (4) An iwi aquaculture organisation must lodge an aquaculture agreement in respect of any agreed or identified space that is subject to a reservation in relation to commercial fishing for stocks subject to the quota management system within 6 months after the date of the notice given by the chief executive under subsection (3).

      (5) Subpart 4 of Part 9A of the Fisheries Act 1996 applies to an aquaculture agreement referred to in subsection (4) with the following modifications—

      • (a) section 186ZF(2) applies to the persons specified in that subsection as at 5 pm on the date of the notice given by the chief executive under subsection (3):

      • (b) section 186ZI(1)(b) applies as if it referred to 6 months after the date of the notice given by the chief executive under subsection (3).

    44K 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 space have been allocated to the trustee under section 44D(2)(b) or 44E; and

      • (b) the agreed or identified space is subject to a reservation relating to commercial fishing for stocks subject to the quota management system.

      (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 space 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) An aquaculture agreement in respect of any of the agreed or identified space that is subject to a reservation in relation to commercial fishing for stocks subject to the quota management system must be lodged within 6 months after the date of the notice given by the chief executive under subsection (3).

      (5) Subpart 4 of Part 9A of the Fisheries Act 1996 applies to an aquaculture agreement referred to in subsection (4), with the following modifications—

      • (a) section 186ZF(2) applies to the persons specified in that subsection as at 5 pm on the date of the notice given by the chief executive under subsection (3):

      • (b) section 186ZI(1)(b) applies as if it referred to 6 months after the date of the notice given by the chief executive under subsection (3).

    44L When authorisations allocated to trustee lapse
    • (1) Section 165R of the principal Act does not apply to authorisations allocated under this Act.

      (2) However, an authorisation allocated under this Act does lapse if—

      • (a) a regional coastal plan provides that all aquaculture activities are prohibited activities in the space that is subject to the authorisation; or

      • (b) the authorisation is for space that is subject to a reservation relating to commercial fishing for stocks subject to the quota management system and no aquaculture agreement is lodged in respect of the space within the time required by section 44J or 44K, as the case may be.

      (3) If an authorisation allocated under this Act is transferred and (as a result of the transfer) it ceases to be a settlement asset, the authorisation lapses 2 years after the date on which the holder gives a notice of transfer of the authorisation to the regional council under section 165Q of the Resource Management Act 1991.

    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
    • (1) An area of the coastal marine area that became an aquaculture management area under section 44 as in force before the commencement of Part 1 of the Aquaculture Legislation Amendment Act (No 3) 2010 is deemed to be a Gazetted aquaculture area.

      (2) To avoid doubt, sections 44 and 44A to 44L do not apply to an area described in subsection (1).

      (3) As soon as practicable after the commencement of Part 1 of the Aquaculture Legislation Amendment Act (No 3) 2010, the chief executive must, by notice in the Gazette, identify and describe all the aquaculture management areas deemed to be Gazetted aquaculture areas by this section.

      (4) Subsection (1) does not apply to an area of the coastal marine area—

      • (a) in relation to which the chief executive of the Ministry of Fisheries granted an application for a marine farming permit under section 67J of the Fisheries Act 1983; and

      • (b) which became an aquaculture management area under section 52(3).

      (5) To avoid doubt, subsection (4) does not affect the application of section 186G(a) of the Fisheries Act 1996 or section 107F(2) of the Resource Management Act 1991 to the area referred in that subsection.

    44N Further provisions relating to Gazetted aquaculture areas
    • (1) A regional council may amend a regional coastal plan or proposed regional coastal plan to reflect an aquaculture decision under section 38 or a Gazetted aquaculture area, and Schedule 1 of the principal Act does not apply to the amendment.

      (1) A regional council must amend a regional coastal plan or proposed regional coastal plan—

      • (a) to remove any interim aquaculture management area or any space from an interim aquaculture management area that is subject to a reservation for—

        • (i) customary fishing, recreational fishing, or commercial fishing for stocks that are not subject to the quota management system:

        • (ii) commercial fishing for stocks that are subject to the quota management system and an aquaculture agreement has not been lodged within the required time:

      • (b) to change any references to any space in an interim aquaculture management area that becomes a Gazetted aquaculture area to clarify that the space is now space in a Gazetted aquaculture area:

      • (c) if an aquaculture management area is deemed by section 44M to be a Gazetted aquaculture area, to change any references to the aquaculture management area to refer to a Gazetted aquaculture area:

      • (d) if an aquaculture management area has not been deemed by section 44M to be a Gazetted aquaculture area, to remove any reference to the area being an aquaculture management area.

      (2) The regional council must notify the chief executive before a proposed regional coastal plan becomes operative under the principal Act if the plan provides that all aquaculture activities are prohibited activities in any space in a Gazetted aquaculture area.

      (3) As soon as practicable after receiving a notice under subsection (2) the chief executive must publish a notice in the Gazette that—

      • (a) amends the Gazetted aquaculture area by removing any area in which all aquaculture activities will be prohibited activities (or if aquaculture activities will be prohibited activities in the whole Gazetted aquaculture area, notifies that the Gazetted aquaculture area no longer exists); and

      • (b) takes effect from the operative date of the plan.

      (4) Schedule 1 of the principal Act does not apply to an amendment made under subsection (1).

22 New section 45 substituted
  • Section 45 is repealed and the following section substituted:

    45 Status of former deemed aquaculture management areas
    • To avoid doubt, on and from the commencement of Part 1 of the Aquaculture Legislation Amendment Act (No 3) 2010,—

      • (a) deemed aquaculture management areas cease to exist; and

      • (b) any legal consequences of an area having been a deemed aquaculture management area cease.

    45 Status of former deemed aquaculture management areas
    • (1) To avoid doubt, on and from the commencement of Part 1 of the Aquaculture Legislation Amendment Act (No 3) 2010, deemed aquaculture management areas cease to exist.

      (2) Subsection (3) applies to a coastal permit that relates to a deemed aquaculture management area that ceases to exist under subsection (1).

      (3) The coastal permit is not to be treated as invalid because—

      • (a) the area to which it relates was not in an aquaculture management area in a regional coastal plan at the time it was granted; or

      • (b) it relates to a species of fish or aquatic life, or contains conditions, that are different from those that applied to a deemed coastal permit under section 10, 20, or 21 that related to the same area.

23 New sections 47 to 47B 47E substituted
  • Section 47 is repealed and the following sections are substituted:

    47 Pending applications where moratorium ends on close of 31 December 2004
    • (1) This section applies to an application—

      • (a) that section 150B(2) of the principal Act applies to; but

      • (b) only to the extent that it relates to an area for which the moratorium expires on the close of 31 December 2004.

      (2) After the end of the moratorium, a consent authority must resume processing the application, but only if and to the extent that—

      • (a) the application does not relate to an aquaculture activity that is a prohibited activity in the area of the coastal marine area that the application relates to; and

      • (b) if the application relates to an area in respect of which an aquaculture decision was required to be made under section 38,—

        • (i) an aquaculture decision has been made in relation to the area; and

        • (ii) the application is not required to be cancelled by the consent authority under section 47B.

      • (b) if the application relates to an area in relation to which an aquaculture decision was required to be made under section 38, the area has become a Gazetted aquaculture area.

      (2A) A consent authority must cancel the application if and to the extent that the application relates to an area in respect of which the chief executive was required to make an aquaculture decision under section 38 and the chief executive—

      • (a) made a reservation relating to—

        • (i) the sustainability of fisheries resources or effects on customary or recreational fishing; or

        • (ii) commercial fishing for stocks not subject to the quota management system; or

      • (b) made a reservation relating to commercial fishing for stocks subject to the quota management system and the applicant has not lodged an aquaculture agreement within the time specified in section 44(2)(b).

      (3) The application is deemed to be cancelled on and from 31 December 2014 to the extent that, by that date,—

      • (aa) it has been unable to be processed because it relates to an aquaculture activity that is a prohibited activity in the area of the coastal marine area that the application relates to; and

      • (a) a regional coastal plan continues to provide that the aquaculture activity that the application relates to is a prohibited activity in the area that the application relates to; and

      • (b) no proposed regional coastal plan has been notified under clause 5 of Schedule 1 of the principal Act in which the aquaculture activity the application relates to is not specified as a prohibited activity.

      (4) An application that is not cancelled under subsection (3) because a proposed regional coastal plan has been notified in which the aquaculture activity that the application relates to are is not prohibited is cancelled,—

      • (a) if the proposed plan is withdrawn, on the date on which the plan is withdrawn; or

      • (b) if the proposed plan is amended to provide that aquaculture is a prohibited activity, on the date on which the decision is made that results in the amendment.

    47A Applications made from 1 January 2005 to 10 May 2006
    • (1) This section applies to an application for a coastal permit for the occupation of space in the coastal marine area for the purpose of aquaculture activities made on or after 1 January 2005 but before 10 May 2006.

      (2) After the commencement of Part 1 of the Aquaculture Legislation Amendment Act (No 3) 2010, a consent authority must resume processing the application, but only if and to the extent that—

      • (a) the application does not relate to an aquaculture activity that is a prohibited activity in the area of the coastal marine area that the application relates to; and

      • (b) if the application relates to an area in respect of which an aquaculture decision was required to be made under section 38,—

        • (i) an aquaculture decision has been made in relation to the area; and

        • (ii) the application is not required to be cancelled by the consent authority under section 47B.

      • (b) if the application relates to an area in relation to which an aquaculture decision was required to be made under section 38, the area has become a Gazetted aquaculture area.

      (2A) A consent authority must cancel the application if and to the extent that the application relates to an area in respect of which the chief executive was required to make an aquaculture decision under section 38 and the chief executive—

      • (a) made a reservation relating to—

        • (i) the sustainability of fisheries resources or effects on customary or recreational fishing; or

        • (ii) commercial fishing for stocks not subject to the quota management system; or

      • (b) made a reservation relating to commercial fishing for stocks subject to the quota management system and the applicant has not lodged an aquaculture agreement within the time specified in section 44(2)(b).

      (3) The application is deemed to be cancelled on and from 28 September 2018 to the extent that, by that date,—

      • (aa) it has been unable to be processed because it relates to an aquaculture activity that is a prohibited activity in the area of the coastal marine area that the application relates to; and

      • (a) a regional coastal plan continues to provide that the aquaculture activity that the application relates to is a prohibited activity in the area that the application relates to; and

      • (b) no proposed regional plan has been notified under clause 5 of Schedule 1 of the principal Act in which the aquaculture activity that the application relates to is not specified as prohibited activity.

      (4) An application that is not cancelled under subsection (3) because a proposed regional coastal plan has been notified in which the aquaculture activity that the application relates to is not prohibited is cancelled,—

      • (a) if the proposed plan is withdrawn, on the date on which the plan is withdrawn; or

      • (b) if the proposed plan is amended to provide that aquaculture is a prohibited activity, on the date on which the decision is made that results in the amendment.

    47B Processing of applications that sections 47 and 47A apply to
    • (1) This section applies to applications that sections 47 and 47A apply to.

      (2) Applications that are able to be processed in accordance with section 47(2) or 47A(2),—

      • (a) as at the commencement of Part 1 of the Aquaculture Legislation Amendment Act (No 3) 2010, are to be treated as having been lodged on that day, but in the order in which they were received:

      • (b) on any later date, are to be treated as having been lodged on that later date.

      (3) Applications must be processed and determined under the provisions in the regional coastal plan and any proposed regional coastal plan applying at the time the consent authority considers the application.

      (3) Applications that can be processed under section 47(2) or 47A(2) must be processed and determined—

      • (a) under the provisions in the principal Act and in the regional coastal plan and any proposed regional coastal plan applying at the time the consent authority resumes processing the application; but

      • (b) from the stage they had reached immediately before their processing and determination were prevented under the principal Act.

      (3A) For the purposes of subsection (3)(b), the provisions of the principal Act apply subject to following:

      • (a) any action taken under a provision of the principal Act that has been amended since the date of the action is to be treated as having occurred under any corresponding provision in the principal Act in force at the time that processing of an application resumes:

      • (b) the period during which the application was unable to be processed is excluded from any period of time in a provision of the principal Act:

      • (c) section 92A does not apply to requests for information, but instead the application lapses if the consent authority has requested or requests further information under section 92 and the applicant does not comply with the request within 12 months after—

        • (i) the date of the commencement of this section, if the request was made before the commencement of this section; or

        • (ii) the date on which the request is made, if the request was made after the commencement of this section.

      (4) Subsection (3) applies in place of section 88A of the principal Act.

      (5) A consent authority must cancel an application in relation to any area that was subject to an aquaculture decision under section 38 and—

      • (a) in relation to which the chief executive made a reservation relating to—

        • (i) the sustainability of fisheries resources or effects on customary or recreational fishing; or

        • (ii) commercial fishing for stocks that are not subject to the quota management system; or

      • (b) in relation to which the chief executive made a reservation relating to commercial fishing for stocks subject to the quota management system, unless the applicant has lodged an aquaculture agreement within the time required under this Act.

      (6) Sections 107F, 114, and 116A of the principal Act—

      • (a) apply to an application required to be processed by section 47 or 47A if the application is in an area that was not subject to an aquaculture decision under section 38; but

      • (b) do not apply to an application required to be processed by section 47 or 47A if that application is in an area that was subject to an aquaculture decision under section 38.

      (7) To avoid doubt, section 159 of the Resource Management (Simplifying and Streamlining) Amendment Act 2009 does not apply to applications that sections 47 and 47A apply to.

    47C Some applications for coastal permits must be cancelled
    • A consent authority must cancel an application for a coastal permit for the occupation of space in the coastal marine area for the purpose of aquaculture activities if the application is made after 9 May 2006, but before the commencement of the Resource Management Amendment Act 2008.

      Compare: 1991 No 69 s 165BB

    47D Applications for coastal permits for aquaculture activities in deemed aquaculture management area made before but not determined at commencement of Part 1 of Aquaculture Legislation Amendment Act (No 3) 2010
    • (1) Subsection (2) applies to an application for a coastal permit under the principal Act to undertake aquaculture activities in a deemed aquaculture management area made before, but not determined at, the commencement of Part 1 of the Aquaculture Legislation Amendment Act (No 3) 2010.

      (2) The application is to be determined under the principal Act as if Part 1 of the Aquaculture Legislation Amendment Act (No 3) 2010 had not been enacted except that the application—

      • (a) does not have to relate to an aquaculture management area in a regional coastal plan; and

      • (b) is not limited by the fish, aquatic life, or seaweed referred to in the deemed coastal permit under section 10, 20, or 21 to which the deemed aquaculture management area relates.

    47E Applications for coastal permits for aquaculture activities in aquaculture management area being processed at commencement of Part 1 of the Aquaculture Legislation Amendment Act (No 3) 2010
    • (1) This section applies to an application for a coastal permit for the occupation of space in the coastal marine area for the purpose of aquaculture activities if—

      • (a) the application is an application referred to in section 47(1) or 47A(1) and the consent authority has resumed processing the application before, but has not determined the application at the commencement of Part 1 of the Aquaculture Legislation Amendment Act (No 3) 2010; or

      • (b) the application is not an application referred to in section 47(1) or section 47A(1) and has been made before but not determined at the commencement of that Act.

      (2) The application is to be determined as if Parts 1 and 4 of the Aquaculture Legislation Amendment Act (No 3) 2010 had not been enacted.

24 Certain coastal permits granted during moratorium not to be exercised until end of moratorium
  • Section 48(8) is amended by omitting 357 and substituting 357A, 357C, 357D,.

25 Preferential right for deemed permit holder to apply to coastal permit for occupation
  • Section 49(1)(b) is repealed.

26 Pre-moratorium and pre-commencement applications for coastal permits not subject to moratorium
  • (1) Section 50(2) is amended by omitting as if the Resource Amendment Act (No 2) 2004 had not been passed and substituting as it was at the commencement before the commencement of this Act.

    (2) Section 50(4)(b) is amended by adding ; or and also by adding the following paragraph:

    • (c) granted and any appeal in relation to the granted application is successful.

    (3) Section 50 is amended by repealing subsection (5) and substituting the following subsections:

    • (5) If an application that subsection (2) applies to is granted, the application under subsection (3) must be determined under Part 4A of the Fisheries Act 1983 which applies as it was before the commencement of this Act.

    • (5A) Subsection (5) applies subject to section 50A.

    (4) Section 50 is amended by adding the following subsections:

    • (8) Subsections (9) and (10) apply to a person who has—

      • (a) made an application that subsection (2) applies to, whether or not that application has been granted; and

      • (b) has previously made an application for a marine farming permit or spat catching permit that met the criteria in subsection (3), but which was declined.

    • (9) The person may make 1 further application for a marine farming permit or spat catching permit in accordance with subsection (3) before the date that is 12 months after the date of commencement of Part 1 of the Aquaculture Legislation Amendment Act (No 3) 2010.

    • (10) However, if the person has made a subsequent application for a marine farming permit or spat catching permit in accordance with subsection (3) before the commencement of Part 1 of the Aquaculture Legislation Amendment Act (No 3) 2010, but which has not been determined before the commencement of that Part, the person may not make a further application in accordance with subsection (3).

27 New sections 50A and 50B inserted
  • The following sections are inserted after section 50:

    50A Assessment of effect on fishing of applications to which section 50(3) applies
    • (1) This section applies to an application under section 67J or 67Q(2) of the Fisheries Act 1983 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 3) 2010; 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 may, in addition to seeking information from the applicant under section 67J(7) of the Fisheries Act 1983, seek information relevant to the application from—

      • (a) any fisher whose interests may be affected if the application is granted; and

      • (b) 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 if the application is granted.

      (3) The chief executive may set a date by which information must be provided and is not required to consider or take into account any information received after that date.

      (3) The chief executive—

      • (a) may set a date by which information must be provided and may grant 1 or more extensions of that date if he or she considers it necessary to do so; and

      • (b) is not required to consider or take into account any information received after that date or extended date (as the case may be).

      (4) The chief executive must—

      • (a) grant the application under section 67J, 67K, or 67Q of the Fisheries Act 1983 (as the case may require) if the chief executive is satisfied that the activities contemplated by the application would not have an undue adverse effect on fishing; but

      • (b) decline the application under section 67J, 67K, or 67Q of the Fisheries Act 1983 (as the case may require) if the chief executive is not satisfied that the activities contemplated by the application would not have an undue adverse effect on fishing.

      (5) However, the chief executive must defer making a decision whether to grant or decline the application under section 67J, 67K, or 67Q of the Fisheries Act 1983 (as the case may require) 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; 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.

      (6) To avoid doubt, subsections (4) and (5) apply in place of section 67J(8) of the Fisheries Act 1983.

      (7) If subsection (4) applies but subsection (5) does not, the chief executive must give a notice to the applicant and give public noficiation—

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

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

      (8) If subsection (5) applies, the chief executive must give a notice to the applicant and give public notification accordingly. The notice and public notification must also—

      • (a) specify—

        • (i) the area concerned; and

        • (ii) the stocks subject to the quota management system in the area that are the reason for the chief executive's view under subsection (5)(b); and

      • (b) specify the chief executive's reasons for deciding subsection (5) applies; and

      • (c) contain a copy, or statement to the effect, of subsections (9) and (10).

      (9) 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 under section 186ZI(4) of the Fisheries Act 1996.

      (10) The chief executive 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 under section 186ZI(4) of the Fisheries Act 1996.

      (11) For the purposes of this section, the references in section 67J(10) of the principal Act to adverse effects on fishing or the sustainability of any fisheries resource must be read as if it were a reference to adverse effects on fishing.

      (12) Any person wishing to seek, under Part 1 of the Judicature Amendment Act 1972, judicial review of a decision under this section must do so within 15 30 working days after the decision.

      (13) The provisions in Schedule 2 have effect in relation to aquaculture agreements for the purpose of this section.

      (14) 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 Schedule 2

      commercial fishing means the fishing, authorised by a permit issued under section 91 of the Fisheries Act 1996, of stocks subject to the quota management system

      public notification has the same meaning as in section 2 of the Fisheries Act 1996.

    50B Information and matters to be considered in relation to applications to which section 50A applies
    • (1) In making a decision under section 50A(4) or (5), the chief executive must have regard to any—

      • (a) information held by the Ministry of Fisheries; and

      • (b) information supplied by the applicant; and

      • (c) information supplied to the chief executive by the persons referred to in section 50A(2), whether before or after the commencement of Part 1 of the Aquaculture Legislation Amendment Act (No 3) 2010; and

      • (d) other information requested and obtained by the chief executive from any other source.

      • (d) any other information that the chief executive has requested and obtained.

      (2) In considering for the purposes of section 50A(4) and (5) whether granting the application 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 that the application relates to in relation to areas in which fishing is carried out:

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

      • (c) the degree to which the granting of the permit in the area that the application relates to will lead to the exclusion of fishing:

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

      • (e) the extent to which the granting of the permit will increase the cost of fishing:

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

      (3) This section applies subject to section 50A(3).

27A Section 52 repealed
  • Section 52 is repealed.

28 Off-site farms
  • (1) Section 53(2) is amended by omitting , within 2 years after the commencement of this Act,.

    (2) Section 53 is amended by inserting the following subsection subsections after subsection (2):

    • (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 3) 2010; 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.

    • (2A) An application under subsection (2) must be made not later than 12 months after the commencement of Part 1 of the Aquaculture Legislation Amendment Act (No 3) 2010.

    • (2B) Subsection (2A) applies subject to subsections (2C) and (2D).

    • (2C) If section 16(1) applies, an application under subsection (2) must be made within 12 months after the date on which the application referred to in that subsection is determined.

    • (2D) If section 16(2) applies, an application under subsection (2) must be made within 12 months after the date on which the forfeiture referred to in that subsection is discontinued.

    (2A) Section 53 is amended by inserting the following subsection after subsection (4):

    • (4A) Before deciding whether to amend a deemed coastal permit under this section, the consent authority must consider—

      • (a) the matters referred to in subsection (3)(c) and (d); and

      • (b) where the actual space is located compared to the location of the authorised space; and

      • (c) how the activities to which the deemed coastal permit relate came to be carried out in the actual space; and

      • (d) if aquaculture activities are prohibited activities in the actual space, the reasons for that; and

      • (e) any other matters the consent authority considers relevant.

    (3) Section 53 is amended by inserting the following subsections after subsection (5):

    • (5A) The consent authority may amend the deemed coastal permit to reflect the actual space even though aquaculture is specified in a regional coastal plan or proposed regional coastal plan as a prohibited activity in all or part of the actual space.

    • (5B) Subsection (5C) applies if a deemed coastal permit is amended to reflect the actual space in respect of which aquaculture is specified in a regional coastal plan or proposed regional coastal plan as a prohibited activity.

    • (5C) The actual space is subject to the provisions of the regional coastal plan or proposed regional coastal plan that applied to the authorised space, subject to any subsequent amendment or replacement of those provisions by any enactment or under Schedule 1 of the principal Act.

    (4) Section 53(6) is amended by omitting Section 120 and substituting Sections 120 and 121.

    (5) Section 53 is amended by repealing subsection (10) and substituting the following subsection:

    • (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.

    (6) Section 53 is amended by inserting the following subsection after subsection (11):

    • (11A) The amendments made to this section by Part 1 of the Aquaculture Legislation Amendment Act (No 3) 2010 apply to applications made before the commencement of that Act if they have not been determined at the commencement of that Act.

28A Transitional provision relating to requirements to keep records and returns
  • Section 55 is amended by adding the following subsection:

    • (3) In subsection (1), Minister of Fisheries has the same meaning as Minister in the Fisheries Act 1996.

29 New section 56 substituted
  • Section 56 is repealed and the following section substituted:

    56 Restriction on erection of structures in coastal marine area
    • (1) This section applies to a person who—

      • (a) is the holder of a coastal permit or certificate of compliance under the Resource Management Act 1991 to occupy a coastal marine area for marine farming or spat catching; and

      • (b) makes or has made an application or is entitled to make an application for a marine farming permit or spat catching permit, as provided for by section 25, 26, or 50(3).

      (2) The person must not erect a structure for the purpose of an aquaculture activity unless—

      • (a) the application referred to in subsection (1)(b) is granted; and

      • (b) the structure is to be erected in an area covered by—

        • (i) the marine farming permit or the spat catching permit; and

        • (ii) the coastal permit or certificate of compliance.

30 Schedules 1 and 2 added
  • The Act is amended by adding Schedules 1 and 2 set out in Schedule 1 of this Act.

Part 2
Amendments to Fisheries Act 1996

31 Principal Act amended
  • This Part amends the Fisheries Act 1996.

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

    (2) Section 2(1) is amended by inserting the following definition in its appropriate alphabetical order:

    regional council

    • (a) has the same meaning as in section 5 of the Local Government Act 2002; and

    • (b) includes a unitary authority within the meaning of that Act.

33 Application of Resource Management Act 1991
  • (1) Section 6 is amended by repealing subsection (2) and substituting the following subsection:

    • (2) Subsection (1) does not—

      • (a) prevent a regional council from taking into account the effects of aquaculture activities on fishing or fisheries resources when making a decision on an application for a coastal permit authorising aquaculture activities carrying out its functions under section 30(1)(d) of the Resource Management Act 1991; or

      • (b) prevent any coastal permit authorising aquaculture activities from being granted.

    (2) The definition of fishing sector in section 6(3) is amended by repealing paragraph (d).

33A Heading to subpart 1 of Part 9A amended
  • The heading to subpart 1 of Part 9A is amended by omitting aquaculture management areas and substituting coastal permits.

34 Interpretation
  • (1) Section 186C is amended by repealing the definitions of determination and reservation.

    (2) Section 186C is amended by inserting the following definitions in their appropriate alphabetical order:

    application for a coastal permit

    • (a) means an application for a coastal permit under section 88 of the Resource Management Act 1991; and

    • (b) includes—

      • (i) an application for a change or cancellation of condition of a coastal permit under section 127 of that Act; and

      • (ii) a notice of intention to review conditions under section 128 of the Resource Management Act 1991

    coastal permit means a coastal permit granted under the Resource Management Act 1991 that authorises aquaculture activities to be undertaken in the coastal marine area

    determination, in relation to a coastal permit, means a decision by the chief executive that he or she is satisfied that the aquaculture activities authorised by the coastal permit will not have an undue adverse effect on fishing

    regional council means a regional council acting as a consent authority under the Resource Management Act 1991

    reservation, in relation to a coastal permit, means a decision by the chief executive that he or she is not satisfied that the aquaculture activities authorised by the coastal permit will not have an undue adverse effect on fishing.

35 New sections 186D to 186GA substituted
  • Sections 186D to 186GA 186G are repealed and the following sections substituted:

    186D Chief executive may seek information for purposes of making aquaculture decision
    • (1) After receiving a copy of an application for a coastal permit forwarded by a regional council to the chief executive under section 107F of the Resource Management Act 1991, the chief executive may, for the purpose of making an aquaculture decision that may be requested under that Act, seek information relevant to the application from—

      • (a) the applicant for or the holder of the coastal permit:

      • (b) any fisher whose interests may be affected:

      • (c) 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 granting, or change to conditions, or cancellation of the coastal permit.

      (2) For the purposes of subsection (1), the chief executive—

      • (a) may set a closing date for the receipt of information; and

      • (b) is not required to consider or take into account any information received after that date.

    186D Chief executive may seek information or consult certain persons for purposes of making aquaculture decision
    • (1) After receiving a copy of an application for a coastal permit forwarded by a regional council to the chief executive under section 107F of the Resource Management Act 1991, the chief executive may, for the purpose of making an aquaculture decision that may be requested under that Act seek information relevant to the application from—

      • (a) the applicant for or the holder of the coastal permit:

      • (b) any fisher whose interests may be affected:

      • (c) 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 granting of the coastal permit or change to, or cancellation of, the conditions of the coastal permit.

      (2) For the purposes of subsection (1), the chief executive—

      • (a) may set a date by which information must be provided and may grant 1 or more extensions of that date if he or she considers it necessary to do so; and

      • (b) is not required to consider or take into account any information received after that date or extended date (as the case may be).

      (3) Before making an aquaculture decision under section 186E, the chief executive may consult any of the persons or organisations specified in subsection (1).

      (4) For the purposes of subsection (3), the chief executive—

      • (a) may set a date by which the consultation is to be completed and may grant 1 or more extensions of that date if he or she considers it necessary to do so; and

      • (b) is not required to consider or take into account any submissions made for the purposes of the consultation received after that date or extended date (as the case may be).

    186E Chief executive to make aquaculture decision
    • (1) Within 20 working days after receiving a request for an aquaculture decision from a regional council under section 114 of the Resource Management Act 1991, the chief executive must—

      • (a) make a determination; or

      • (b) make a reservation; or

      • (c) make 1 or more determinations or reservations or both in relation to different parts of the area to which the request relates.

      (1A) One or both of the following periods are excluded from the period of 20 working days specified in subsection (1) to the extent that the periods could otherwise fall within the period of 20 working days:

      • (a) a period during which the chief executive is undertaking consultation under section 186D(3):

      • (b) a period during which the chief executive is, is in compliance with section 186EA(1) making an aquaculture decision in relation to a prior request.

      (2) In making an aquaculture decision, the chief executive must have regard to—

      • (a) information held by the Ministry of Fisheries; and

      • (b) information supplied by the applicant for or holder of the coastal permit; and

      • (c) information supplied, or submissions made, to the chief executive under section 186D(1) or (3); and

      • (d) information that is forwarded by the regional council; and

      • (e) any other information that the chief executive has requested and obtained.

      (3) For the purposes of this section, the chief executive is not required to consider or take into account any information received after receiving the request for an aquaculture decision.

      (4) Subsection (3) applies subject to section 186D(2) and (4).

    186EA Order in which requests for aquaculture decisions to be processed
    • (1) The chief executive must make aquaculture decisions in the same order in which the requests for the decisions are received.

      (2) For the purposes of subsection (1), the order in which aquaculture decisions must be made in relation to requests for aquaculture decisions received on the same day is determined according to the time when the requests are received.

      (3) If 2 or more requests for aquaculture decisions are received at the same time from the same regional council, the chief executive must make aquaculture decisions in the order specified by the regional council under section 107F(4) of the Resource Management Act 1991.

      (4) For the purposes of subsections (1) to (3), the chief executive's aquaculture decision is not to be treated as made until any judicial review of the decision is finally disposed of.

      (5) The chief executive may make aquaculture decisions in a different order from that required by subsections (1) to (3), but the chief executive may do so only if satisfied that in making an aquaculture decision out of order it will not have an adverse effect on any other aquaculture decision that the chief executive has been requested to make.

    186F Provision of fisheries information relating to stock
    • For the purposes of this subpart and subpart 4, the chief executive may, by notice in the Gazette, specify the manner and form in which fisheries information relating to stocks is to be made publicly available by the Ministry of Fisheries.

    186G Aquaculture decisions must not be made in relation to certain areas
    • The chief executive must not make an aquaculture decision in relation to an area

      • (a) that is subject to a deemed coastal permit under section 10, 17B, 20, or 21 of the Aquaculture Reform (Repeals and Transitional Provisions) Act 2004; or

      • (a) an area—

        • (i) that is or was subject to a lease, licence, marine farming permit, or spat catching permit that was deemed under section 10, 20, or 21 of the Aquaculture Reform (Repeals and Transitional Provisions) Act 2004 to be a coastal permit granted under the Resource Management Act 1991; and

        • (ii) where, since the date on which the lease, licence, marine farming permit, or spat catching permit was deemed to be a coastal permit, aquaculture activities have been continuously authorised under that permit or another permit granted under the Resource Management Act 1991; or

      • (ab) an area that is or was subject to the coastal permit referred to in section 20A of the Aquaculture Reform (Repeals and Transitional Provisions) Act 2004 and where, since the date the coastal permit was deemed to be granted, aquaculture activities have been continuously authorised under the permit or another permit granted under the Resource Management Act 1991; or

      • (b) an area that is in a Gazetted aquaculture area within the meaning of section 35 of the Aquaculture Reform (Repeals and Transitional Provisions) Act 2004; or

      • (c) an area that is subject to a coastal permit to which section 114(5) of the Resource Management Act 1991 applies.

    186GA Matters to be considered before aquaculture decision made
    • (1) In making an aquaculture decision, the chief executive must have regard only to the following matters:

      • (a) the location of the area that the coastal permit relates to in relation to areas in which fishing is carried out:

      • (b) the likely effect of the aquaculture activities in the area that the coastal permit relates to on fishing of any fishery, including the proportion of any fishery likely to become affected:

      • (c) the degree to which the aquaculture activities in the area that the coastal permit relates to will lead to the exclusion of fishing:

      • (d) the extent to which fishing for a species in the area that the coastal permit relates to can be carried out in other areas:

      • (e) the extent to which the occupation of the coastal marine area authorised by the coastal permit will increase the cost of fishing:

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

      (2) If an aquaculture agreement or a pre-request aquaculture agreement has been registered under section 186ZH in relation to the area that the coastal permit relates to, the chief executive must not have regard to the undue adverse effects on commercial fishing in respect of any stocks covered by the aquaculture agreement or pre-request aquaculture agreement when having regard to the matters specified in subsection (1).

36 Requirements for aquaculture decision
  • (1AA) Section 186H(1) is amended by repealing paragraph (d).

    (1) Section 186H is amended by inserting the following subsection after subsection (1):

    • (1A) If the chief executive makes a determination, the determination may—

      • (a) specify any condition of the coastal permit that is material to the decision and that relates to the character, intensity, or scale of the aquaculture activities; and

      • (b) state that the condition may not be changed or cancelled until the chief executive makes a further aquaculture decision in relation to the area affected by the change or cancellation.

    (2) Section 186H(1)(e) is amended by adding and the holder of the coastal permit that the decision relates to.

    (3) Section 186H(2)(b) is amended by—

    • (a) omitting only; and

    • (b) omitting , any stocks or species specified in Schedules 4C and 4D,.

37 Section 186I repealed
  • Section 186I is repealed.

38 Judicial review of aquaculture decision
  • (1) Section 186J is amended by omitting 3 months and substituting 15 30 working days.

    (2) Section 186J is amended by adding the following subsection as subsection (2):

    • (2) The chief executive must notify the relevant regional council of—

      • (a) any proceedings brought to seek judicial review of an aquaculture decision; and

      • (b) the result of those proceedings, including any appeals.

39 New section 186ZD substituted
  • Section 186ZD is repealed and the following section substituted:

    186ZD Interpretation
    • In this subpart, unless the context otherwise requires,—

      aquaculture agreement means 1 or more documents, in the approved form, containing the consents required under section 186ZF

      pre-request aquaculture agreement means 1 or more documents, in the approved form, containing the consents required under section 186ZM.

40 Register of aquaculture agreements
  • (1) The heading to section 186ZE is amended by adding and register of pre-request aquaculture agreements.

    (2) Section 186ZE(1) is amended by adding and a register of pre-request aquaculture agreements.

    (3) Section 186ZE(2) is amended by adding and to the pre-request aquaculture agreement register.

41 New section 186ZF substituted
  • Section 186ZF is repealed and the following section substituted:

    186ZF Fishers Quota owners whose consent is necessary for aquaculture agreement
    • (1) An aquaculture agreement lodged with the chief executive for registration must contain the consents required under subsection (2) to aquaculture activities being undertaken in the area concerned.

      (2) The consents required are, for each stock specified in a reservation in relation to commercial fishing for stocks subject to the quota management system—

      • (a) the consents of the registered quota owners of the stock holding not less than 75% of the quota shares for the stock; and

      • (b) to the extent that the consents referred to in paragraph (a) are given by persons holding 75% or more but less than 100% of the quota shares for the stock, the consent of the High Court in relation to the persons who did not consent.

      (3) After an aquaculture agreement is lodged with the chief executive registered, no person whose consent is contained in the agreement may revoke the consent, but the consent and the aquaculture agreement itself come to an end when the coastal permit to which they relate comes to an end, unless the coastal permit is replaced by a new permit in accordance with section 165ZH of the Resource Management Act 1991.

      (4) For the purposes of this section, subsection (2) applies to the persons specified in that subsection as at 5 pm on the date on which the chief executive gives public notice of a reservation under section 186H(3) in relation to the coastal permit concerned.

42 High Court may consent to aquaculture agreement on behalf of non-consenting persons
  • (1) Section 186ZG(1) is amended by omitting (a), (b), or (c).

    (2) Section 186ZG(2) is amended by repealing paragraph (b).

42A Lodging aquaculture agreements with chief executive for registration
  • Section 186ZH(3)(a) and (b) are amended by omitting fisher in each place where it appears and substituting in each case quota owner.

43 Period within which aquaculture agreements must be lodged for registration
  • (1) Section 186ZI(1)(a) is amended by omitting ; and and substituting and be accompanied by the prescribed fee; and.

    (2) Section 186ZI(1) is amended by repealing paragraph (b) and substituting the following paragraph:

    • (b) within 6 months after the date of the public notice of reservation under section 186H(3) in relation to the coastal permit concerned.

    (2A) Section 186ZI(4) is amended by adding ; and and also by adding the following paragraph:

    • (c) the period beginning with the day on which proceedings are brought seeking judicial review of the chief executive's aquaculture decision or the chief executive's decision to register an aquaculture agreement and ending on the day on which the proceedings are finally disposed of.

    (3) Section 186ZI(5) is repealed.

44 No proceedings to be taken against chief executive
  • Section 186ZJ(1) is amended by omitting or section 186ZI and substituting , 186ZI, or 186ZM.

45 Memorials
  • (1) Section 186ZL is amended by repealing subsection (1) and substituting the following subsection:

    • (1) Subsection (2) applies if the chief executive makes a reservation in relation to commercial fishing for stocks subject to the quota management system under section 186E or section 38 of the Aquaculture Reform (Repeals and Transitional Provisions) Act 2004.

    (2) Section 186ZL(2) is amended by adding on the date of the public notice under section 186H(3).

    (3) Section 186ZL(3)(a) is amended by inserting in relation to commercial fishing for stocks subject to the quota management system after reservation.

    (4) Section 186ZL(3)(c) is amended by inserting aquaculture activities being undertaken in the area subject to the reservation after affected by.

    (4) Section 186ZL(3)(c) is amended by omitting the allocation of space in the area subject to the reservation for aquaculture activities and substituting aquaculture activities being undertaken in the area subject to the reservation.

    (5) Section 186ZL is amended by repealing subsection (4) and substituting the following subsection:

    • (4) A memorial recorded in a register under subsection (2) must be cancelled on the expiry of the period specified in section 186ZI(1)(b) or any extension of the period under section 186ZI(4).

    (6) Section 186ZL(5) is repealed.

46 New heading and section 186ZM inserted
  • The following heading and section are inserted after section 186ZL:

    Pre-request aquaculture agreements

    186ZM Pre-request aquaculture agreements
    • (1) A person who has applied for a coastal permit to undertake aquaculture activities in the coastal marine area may, before a regional council makes a request under section 114 of the Resource Management Act 1991 for an aquaculture decision in relation to the coastal permit, lodge a pre-request aquaculture agreement in relation to the area covered by the application with the chief executive for registration.”

      (2) The pre-request aquaculture agreement must be in the approved form, be accompanied by the prescribed fee, and

      • (a) relate to 1 or more stocks subject to the quota management system; and

      • (b) contain the consents required under subsection (3) to the exclusion of the stock from consideration by the chief executive when making an aquaculture decision in relation to the area covered by the application if the coastal permit is granted; and

      • (c) be accompanied by information showing that each registered quota owner had a reasonable opportunity to consider whether to consent.

      (3) A pre-request aquaculture agreement must contain, as at 5 pm on the day before the date on which the agreement is lodged for registration, the consent, for each stock included in the agreement, of the registered quota owners of the stock holding not less than 75% of the quota shares for the stock.

      (4) A person who wishes to lodge a pre-request aquaculture agreement with the chief executive for registration must, at least 20 working days before lodging the agreement, give notice of the person’s intention to lodge the agreement—

      • (a) to each quota owner who may be affected by the agreement; and

      • (b) by a notice published in a newspaper circulating in the locality of the proposed coastal permit the agreement relates to.

      (5) After a pre-request aquaculture agreement is lodged with the chief executive, no person whose consent is contained in the agreement may revoke the consent.

      (5) After a pre-request aquaculture agreement is registered, no person whose consent is contained in the agreement may revoke the consent, but the consent and the aquaculture agreement itself come to an end—

      • (a) if the application for the coastal permit they relate to is declined or withdrawn; or

      • (b) if the application is granted, when the coastal permit to which they relate comes to an end, unless the coastal permit is replaced by a new permit in accordance with section 165ZH of the Resource Management Act 1991.

      (6) Sections 186ZH and 186ZK apply with any necessary modifications as if references to an aquaculture agreement were references to a pre-request aquaculture agreement and references to section 186ZF were references to section 186ZM.

      (7) A quota holder for a stock, which is the subject of a registered pre-request aquaculture agreement, who did not consent to the agreement is entitled to receive from the applicant in proportion to the quota holder's shareholding of the stock equivalent entitlements and benefits (whether financial or otherwise), to those that were agreed between the applicant and the persons who consented to the agreement.

      (8) The High Court may make such orders or give such directions as it thinks fit for the purposes of subsection (7).

      (9) An order or direction under subsection (8) must not prevent or delay the chief executive making an aquaculture decision.

47 General regulations
  • Section 297(1) is amended by inserting the following paragraph after paragraph (m):

    • (ma) without limiting the application of paragraph (m) to matters relating to aquaculture, prescribing the fees and charges payable by an applicant for or holder of a coastal permit under the Resource Management Act 1991 authorising aquaculture activities, in respect of the functions of the chief executive in relation to the application, whether or not the coastal permit is granted including decisions on registration and processing of aquaculture agreement and pre-request aquaculture agreements:

    • (ma) without limiting paragraph (m), prescribing fees and charges payable under this Act in respect of the functions of the chief executive in relation to aquaculture activities or proposed aquaculture activities in the coastal marine area:.

48 Requirements applying generally to applications and requests under this Act
  • Section 305B(3) is amended by inserting or a pre-request aquaculture agreement for registration under section 186ZM after section 186ZH.

48A Amendments to Fisheries Regulations
  • (1) The Fisheries (Commercial Fishing) Regulations 2001 are amended in the manner specified in Schedule 1A.

    (2) The Fisheries (Registers) Regulations 2001 are amended in the manner specified in Schedule 1B.

Part 3
Amendments to Maori Commercial Aquaculture Claims Settlement Act 2004

49 Principal Act amended
  • This Part amends the Maori Commercial Aquaculture Claims Settlement Act 2004.

50 Interpretation
  • (1) Section 4 is amended by repealing the definition of aquaculture management area.

    (1A) Section 4 is amended by inserting the following definition in its appropriate alphabetical order:

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

    (2) Section 4 is amended by repealing the definition of new space and substituting the following definition:

    new space

    • (a) means space that, after the commencement of Part 3 of the Aquaculture Legislation Amendment Act (No 3) 2010, first becomes subject to a coastal permit authorising aquaculture activities; but

    • (b) does not include—

      • (i) space that is pre-commencement space as defined in section 20:

      • (ii) space in respect of which a regional council is required to comply with sections 44B to 44D and, if necessary, section 44E of the Aquaculture Reform (Repeals and Transitional Provisions) Act 2004:

      • (iii) any space that has previously been subject of the settlement provided for by this Act.

51 Meaning of settlement assets
  • Section 5(1)(a) is amended by inserting or the Aquaculture Reform (Repeals and Transitional Provisions) Act 2004 after this Act.

52 Heading above section 7 amended
  • The heading above section 7 is amended by—

    • (a) omitting of authorisations; and

    • (b) omitting for new and substituting of new.

53 Sections 7 to 16 15 repealed and sections 7 to 7D 11 substituted
  • Sections 7 to 16 15 are repealed and the following sections substituted:

    7 Purpose of sections 7A to 7D 8 to 11
    • The purpose of sections 7A to 7D 8 to 11 is to provide for the Crown to transfer to the trustee 20% of new space, or an agreed equivalent.

    7A8 Crown's obligations in respect of new space
    • (1) The Crown is responsible for meeting its obligations to deliver the settlement to Maori.

      (2) The Crown’s obligations must be complied with by way of either—

      • (a) ensuring that 20% of new space in the coastal marine area is transferred to the trustee for the purpose of aquaculture activities; or

      • (b) agreeing to an equivalent by way of a regional agreement.

      (3) The Crown must comply with subsection (2) as soon as practicable.

    7B9 Purchase of coastal permits by the Crown for new space
    • (1) The Crown may acquire space for the purposes of complying with section 7A 8 by acquiring or purchasing authorisations or coastal permits for equivalent aquaculture activities.

      (2) Before acquiring or purchasing an authorisation or a coastal permit under subsection (1), the Minister of Aquaculture (within the meaning of the Resource Management Act 1991) must establish processes and methods for determining the appropriate value of coastal permits.

      (3) Without limiting subsection (2), the processes and methods must—

      • (a) avoid increasing demand for coastal permits which would increase the value of the space; and

      • (b) reduce the risk of collusion among sellers of coastal permits; and

      • (c) be cost-effective for the Crown; and

      • (d) assess the average current value of space in the part of the coastal marine area concerned.

    7C10 Purchase of coastal permits to occupy new space for aquaculture activities, including purchase of improvements for new space
    • Section 29 applies for the purpose of section 7A 8.

    7D11 Regional agreements
    • Section 29A (other than subsection (5)) applies for the purpose of section 7A 8.

53A New section 16 substituted
  • Section 16 is repealed and the following section substituted:

    16 When authorisations allocated to trustee lapse
    • (1) Section 165R of the Resource Management Act 1991 does not apply to settlement assets.

      (2) However, a settlement asset that is an authorisation does lapse if a regional coastal plan provides that all aquaculture activities are prohibited activities in the space that is subject to the authorisation.

      (3) If an authorisation allocated under this Act is transferred and (as a result of the transfer) it ceases to be a settlement asset, the authorisation lapses 2 years after the date on which the holder gives a notice of transfer of the authorisation to the regional council under section 165Q of the Resource Management Act 1991.

54 Expiry, lapsing, or cancellation of coastal permit to occupy space for aquaculture activities
  • Section 17(2) is amended by omitting section 9 and substituting section 44 of the Aquaculture Reform (Repeals and Transitional Provisions) Act 2004.

55 Crown's obligations
  • Section 22(3) is amended by repealing paragraph (a).

56 Section 25 repealed
  • (1) Section 25 is repealed.

    (2) The Maori Commercial Aquaculture Claims Settlement (Additional Allocation of Space) Order 2006 (SR 2006/86) is consequentially revoked.

57 Section 26 repealed
  • Section 26 is repealed.

58 Allocation of assets to iwi of region
  • (1) Section 45(4) is amended by omitting 12 months after the trustee has recognised iwi aquaculture organisations for all the iwi of a region and substituting period specified in subsection (4A).

    (2) Section 45 is amended by inserting the following subsection after subsection (4):

    • (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.

59 Basis of allocation of settlement assets
  • Section 47 is amended by repealing subsection (1) and substituting the following subsection:

    • (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.

Part 4
Amendments to Resource Management Act 1991

60 Principal Act amended
  • This Part amends the Resource Management Act 1991.

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

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

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

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

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

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

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

62 Section 12A repealed
  • Section 12A is repealed.

63 Section 12B repealed
  • Section 12B is repealed.

64 Functions of Minister of Conservation
  • Section 28 is amended by adding the following paragraph:

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

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

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

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

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

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

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

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

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

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

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

67A Transfer of powers
  • Section 33(2)(c) is repealed.

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

    • (1) A local authority must provide a discount on an administrative charge imposed under section 36 in accordance with—

      • (a) regulations made under section 360(1)(hj); or

      • (b) any policy it has adopted under subsection (3), if the policy is more generous than that provided for in the regulations.

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

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

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

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

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

    (3) Section 36AA(5) is repealed.

68A Power of waiver and extension of time limits
  • Section 37 is amended by inserting the following subsection after subsection (1):

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

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

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

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

    • (d) a plan change that is notified under clause 5 of Schedule 1.

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

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

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

    • (g) any matter under section 357C.

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

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

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

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

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

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

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

69A Meaning of proposed plan
  • (1) Section 43AAC(1)(b) is amended by adding ; and.

    (2) Section 43AAC(1) is amended by adding the following paragraph:

    • (c) includes a change to a plan proposed by a person under Part 2 of Schedule 1 that has been accepted under clause 25(2)(b) of Schedule 1 by the local authority or under section 149M(2)(a) by a board of inquiry, if the change—

      • (i) provides for aquaculture activities to be undertaken in the coastal marine area as a controlled, restricted discretionary, discretionary, or non-complying activity; and

      • (ii) relates to a regional coastal plan that was operative on 1 July 2011 and which prohibited that aquaculture activity at that date.

70 Preparation and change of coastal plans
  • Section 64(1) and (4) are amended by omitting and Schedule 1A.

71 Content of regional plans
  • Section 67(4) is amended by repealing paragraph (c).

72 New section 68A inserted
  • The following section is inserted after section 68:

    68A Regional coastal plan not to authorise aquaculture activities in coastal marine area as permitted activities
    • (1) Despite section 68, after the commencement of section 72 of the Aquaculture Legislation Amendment Act (No 3) 2010 no rule may be included in a regional coastal plan which authorises as a permitted activity any aquaculture activity in the coastal marine area.

      (2) If, immediately before the commencement of section 72 of the Aquaculture Legislation Amendment Act (No 3) 2010, a regional coastal plan contains a rule that authorises as a permitted activity any part of an aquaculture activity in the coastal marine area—

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

      • (b) a regional council must, as soon as is reasonably practicable and not later than 2 years after the commencement of section 72 of the Aquaculture Legislation Amendment Act (No 3) 2010, initiate a review of the rules rule under section 79 and propose to alter any provisions necessary to ensure compliance with subsection (1), in the manner set out in Part 1 of Schedule 1 and this Part.

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

    • (e) provides for an alteration to any rule that immediately before the commencement of section 73 of the Aquaculture Legislation Amendment Act (No 3) 2010 authorised, as a permitted activity, any part of an aquaculture activity in the coastal marine area or relates to aquaculture activities.

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

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

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

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

    • (2B) If an application is for a coastal permit to undertake an aquaculture activity to which section 165ZH(1)(a)(ii) applies, subsection (2) applies except that the assessment of environmental effects under Schedule 4 relates only to information about the effects of the activity and changes to the environment that mean that the effects of the activity are no longer the same or similar in character, intensity, or scale to those anticipated at the time the original consent was granted.

75A New section 88F inserted
  • The following section is inserted after section 88E:

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

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

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

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

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

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

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

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

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

76 Consideration of applications
  • Section 104(3)(c)(i) is amended by omitting 107E,.

77 Heading above section 107E repealed
  • The heading above section 107E is repealed.

78 Section 107E repealed
  • Section 107E is repealed.

79 New section 107F inserted
  • The following section is inserted before section 108:

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

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

      • (a) that is subject to a deemed coastal permit under section 10, 17B, 20, or 21 of the Aquaculture Reform (Repeals and Transitional Provisions) Act 2004; or

      • (a) an area—

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

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

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

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

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

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

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

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

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

    • (4) If the decision is to grant an application that section 107F(1) relates applies to, the consent authority must—

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

      • (b) advise the applicant that—

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

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

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

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

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

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

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

      • (a) that permit had conditions specified under section 186H(1)(1A) of the Fisheries Act 1996; and

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

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

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

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

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

      • (a) amend the permit, if necessary, to note any conditions specified under section 186H(1)(1A) of the Fisheries Act 1996 that may not be changed or cancelled until the chief executive of the Ministry of Fisheries makes a further aquaculture decision:

      • (b) notify the applicant, as soon as is reasonably practicable, that the permit commences in respect of the area that is the subject of the determination, on the date of notification under this section paragraph, unless the permit states a later date.

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

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

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

      • (c) provide the applicant with a copy of the amended permit.

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

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

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

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

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

      • (c) notify the applicant that the permit will not commence in the area affected by the reservation, unless an aquaculture agreement is registered in accordance with section 186ZH of the Fisheries Act 1996.

      (5) If subsection (4) applies and the chief executive has notified the consent authority that an aquaculture agreement for those stocks has been registered, in accordance with section 186ZK of the Fisheries Act 1996, the consent authority must, as soon as reasonably practicable,

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

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

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

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

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

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

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

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

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

      (9) Subsection (7) applies even if the permit was granted under section 104A.

      (10) In this section, determination and reservation have the same meaning as in section 186C of the Fisheries Act 1996.

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

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

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

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

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

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

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

      (4) This section applies subject to section 125.

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

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

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

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

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

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

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

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

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

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

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

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

    • (3A) If the resource consent is a coastal permit authorising aquaculture activities to be undertaken in the coastal marine area, no aquaculture decision is required in respect of the application if the application is for a change or cancellation of a condition of the consent and does not relate to a condition that has been specified under section 186H(1A) of the Fisheries Act 1996 as material to the aquaculture decision a condition that may not be changed or cancelled until the chief executive of the Ministry of Fisheries makes a further aquaculture decision.

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

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

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

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

89 Process if section 149M applies or proposed plan or change not yet prepared
  • (1) Section 149N(8) is amended by repealing paragraph (e) and substituting the following paragraph:

    • (e) provides for an alteration to any rule, that immediately before the commencement of section 89 of the Aquaculture Legislation Amendment Act (No 3) 2010, authorised, as a permitted activity, any part of an aquaculture activity in the coastal marine area or relates to aquaculture activities.

    (2) Section 149N(9) is repealed.

89A Heading to Part 7A amended
  • The heading to Part 7A is amended by omitting coastal marine area and substituting common marine and coastal area.

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

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

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

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

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

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

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

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

      • (f) general provisions about authorisations:

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

      (3) Subpart 2 has been repealed.

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

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

    Subpart 1Managing occupation in coastal marine common marine and coastal area

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

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

      Minister means the Minister of Conservation

      public notice has the same meaning as in section 151

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

      Compare: 1991 No 69 s 165A

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

      Compare: 1991 No 69 s 165B

    165C Some applications for coastal permits must be cancelled
    • A consent authority must cancel an application for a coastal permit for the occupation of space in the coastal marine area for the purpose of aquaculture activities if the application is made after 9 May 2006, but before the commencement of the Resource Management Amendment Act 2008.

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

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

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

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

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

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

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

      • (c) limits on—

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

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

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

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

      Compare: 1991 No 69 s 165D

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

      Compare: 1991 No 69 s 165H

    165F Duty to adopt most efficient and effective allocation method Regional council to have regard to and be satisfied about certain matters before including allocation rule in regional coastal plan or proposed regional coastal plan
    • (1) Before adopting a rule in relation to the method of allocation of authorisations for space in a coastal marine area, other than as provided for in this Act, a regional council must—

      • (a) have regard to—

        • (i) the reasons for and against adopting the proposed method; and

        • (ii) the principal alternative means available; and

      • (b) be satisfied that the adoption of the proposed method is—

        • (i) necessary in the circumstances of the region; and

        • (ii) the most appropriate for allocation in the circumstances of the region, having regard to its efficiency and effectiveness compared with other methods.

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

      • (a) have regard to—

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

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

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

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

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

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

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

      • (b) be satisfied that—

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

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

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

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

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

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

      Compare: 1991 No 69 s 165I

    165G Offer of authorisations for activities in coastal marine common marine and coastal area in accordance with plan
    • If a regional coastal plan includes a rule in relation to a method of allocating authorisations, the regional council may (or must if required by the plan), by public notice and in accordance with the plan, offer authorisations for coastal permits for the occupation of space in the coastal marine area.

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

      (2) Subsection (1) applies subject to—

      • (a) subsection (3); and

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

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

      Compare: 1991 No 69 s 165F

    165H When applications not to be made or granted unless applicant holds authorisation in accordance with plan
    • (1) Subsection (2) applies to space in a coastal marine area if the regional coastal plan provides for the allocation of authorisations of space by public tender or another method.

      (2) A person must not apply for, and a regional council must not grant, a coastal permit authorising occupation of the space for activities unless the person is a holder of an authorisation for the space.

      (1) Subsection (2) applies to space in the common marine and coastal area if a regional coastal plan or a rule in a proposed regional coastal plan that has legal effect provides for public tendering or another method of allocating authorisations in relation to an activity in the space.

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

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

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

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

      Compare: 1991 No 69 s 165K

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

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

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

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

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

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

      • (c) the purpose of section 165U.

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

      • (a) the allocation method to be used:

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

      • (c) the allocation of authorisations relating to specific spaces within a coastal marine common marine and coastal area to the Crown.

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

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

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

      (5) If an Order in Council contains a direction under subsection (3)(b) or (c), the order must be made before the regional council publicly notifies the offer under section 165G or 165N(1).

      (6) A regional council must give the Minister of Conservation not less than 4 months' notice of an offer of authorisations under section 165G.

      (7) The Minister must not make a recommendation except within 3 months after receiving notification from the regional council under subsection (6).

      (8) The Order in Council does not affect any allocation of authorisations advertised or a plan approved under clause 19 of Schedule 1 or an application for a coastal permit made before the Order in Council comes into force.

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

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

      • (a) a publicly notified offer of authorisations:

      • (b) an application for a coastal permit.

      Compare: 1991 No 69 s 165O

    Ministerial approval of use of method of allocating authorisations

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

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

      • (b) either—

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

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

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

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

      • (a) specify—

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

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

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

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

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

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

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

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

      (5) A regional council must give public notice of a request under subsection (2) on the day the request is made or as soon as practicable after the request is made.

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

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

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

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

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

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

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

      (2) A person must not apply for a coastal permit to occupy any space that is the subject of the request for the purpose of an activity in the request during the period commencing on the date of the request, and ending on the earlier of—

      • (a) the day on which the regional council publicly notifies under section 165L(4) 165L(5) that the request has been declined; or

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

      (3) If the request is approved, section 165O(1) and (2) apply applies to applications from the date the approval applies.

      (4) Neither this section nor section 165O affects any application received by the regional council before the request was made under section 165J(2).

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

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

      • (b) may—

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

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

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

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

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

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

        • (ii) decline the request.

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

      (2A) Any period of consultation under subsection (1)(b)(i) is excluded from the period specified in subsection (1)(c).

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

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

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

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

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

      (3A) In considering whether to approve a request, the Minister must have regard to—

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

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

      • (c) the purpose of section 165U.

      (3B) As soon as practicable after deciding whether to approve a request, the Minister must notify the Environmental Protection Authority of his or her decision.

      (4) A Gazette notice under subsection (1)(c)(i)

      • (a) must specify—

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

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

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

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

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

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

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

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

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

        • (vi) that authorisations relating to specific spaces within a common marine and coastal area must be allocated to the Crown.

      (5) If the Minister declines a request made under section 165J(2),—

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

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

        • (i) the request was declined; and

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

      (6) An application for judicial review of the decision of the Minister under this section must be lodged within 15 working days after—

      • (a) the date of the notice in the Gazette in subsection (1)(c), if the request is granted:

      • (b) the public notification under subsection (4)(b), if the request is declined.

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

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

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

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

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

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

      • (b) considers that—

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

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

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

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

      • (b) the Minister considers that—

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

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

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

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

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

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

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

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

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

    Authorisations

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

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

      Compare: 1991 No 69 s 165L

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

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

      • (a) a Gazette notice:

      • (b) the relevant regional coastal plan.

      Compare: 1991 No 69 s 165M

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

      (2) Subsection (3) applies,—

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

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

        • (ii) on the second anniversary date,—

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

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

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

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

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

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

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

      (3) The authorisation does not lapse until—

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

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

      Compare: 1991 No 69 s 165N

    165S Public notice of offer of authorisations by regional council
    • (1) A notice given under section 165G or 165N(1) must—

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

      • (b) describe the space in the coastal marine area that the authorisation will apply to after it is issued common marine and coastal area that offers for authorisations are invited for, including the size, shape, and location of the space; and

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

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

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

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

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

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

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

      (2) A notice given under section 165N(1) may specify conditions on which the authorisation will be granted, including—

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

      • (b) requirements relating to the order of processing of any application made in reliance on the authorisation relative to other applications.

      • (b) restrictions on the transfer of authorisations.

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

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

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

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

      Compare: 1991 No 69 s 165P

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

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

      • (b) the site it applies to.

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

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

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

      (3) A tender must be accompanied by—

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

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

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

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

      Compare: 1991 No 69 s 165Q

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

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

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

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

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

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

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

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

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

      Compare: 1991 No 69 s 165R

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

      • (a) accept any offer; or

      • (b) reject all offers; or

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

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

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

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

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

      Compare: 1991 No 69 s 165S

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

      Compare: 1991 No 69 s 165T

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

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

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

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

      Compare: 1991 No 69 s 165U

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

      Compare: 1991 No 69 s 165V

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

    165Z Ministerial power to suspend receipt of applications for coastal permits to occupy coastal marine area for purpose of aquaculture activities
    • (1) The Minister of Aquaculture may, by notice in the Gazette, suspend the receipt of applications for coastal permits authorising aquaculture activities to be undertaken in the coastal marine area.

      (2) A notice given under subsection (1)

      • (a) may be given only in response to a request by a regional council; and

      • (b) may be given only if the Minister of Aquaculture is satisfied that it is necessary or desirable to suspend the receipt of applications because of actual or anticipated high demand or competing demands for coastal permits and the existing methods are not adequate to deal with a high demand or competing demands for coastal permits; and

      • (c) must specify—

        • (i) the part or parts of the coastal marine area it applies to; and

        • (ii) whether it applies in relation to all aquaculture activities or only to those aquaculture activities specified in the notice.

      (3) A notice applies on and from—

      • (a) the day after the date on which it is notified in the Gazette; or

      • (b) any later date specified in the notice.

      (4) On and from the date on which the notice comes into force, the consent authority concerned—

      • (a) must not process an application received while the direction is in force; and

      • (b) must not determine the application; and

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

      (5) A notice expires on whichever of the following dates occurs first:

      • (a) the date that is 12 months after the date on which the direction comes into force:

      • (b) any date specified in the notice as the date on which it expires.

      (6) For the purposes of subsection (4), application does not include an application in relation to which section 165ZH applies.

    165ZA Ministerial power to direct applications to be processed and heard together
    • (1) The Minister of Aquaculture may, by notice in the Gazette, direct a consent authority to process and hear together applications for coastal permits authorising aquaculture activities to be undertaken in the coastal marine area.

      (2) However, a consent authority must continue to process and determine an application as if there were no Gazette notice in force if, before the Gazette notice came into force, the consent authority had decided in respect of the application that—

      • (a) a hearing must be held and the hearing has commenced or been completed; or

      • (b) no hearing is required.

      (3) A notice given under subsection (1)

      • (a) may be given only in response to a request by the consent authority; and

      • (b) must specify—

        • (i) the part or parts of the coastal marine area it applies to; and

        • (ii) whether it applies in relation to all aquaculture activities or only to those aquaculture activities specified in the notice; and

        • (iii) what applications or classes of applications it applies to.

      (4) A notice applies on and from—

      • (a) the day after the date on which it is notified in the Gazette; or

      • (b) any later date specified in the notice.

      (5) On and from the date on which the notice comes into force, the consent authority concerned must process and hear together applications to which the notice applies.

      (6) A notice expires on whichever of the following dates occur first:

      • (a) the date that is 12 months after the date on which it comes into force:

      • (b) any date specified in the notice as the date on which it appears.

      (7) On and from the expiry of a notice, the processing and hearing of applications together that has not been completed must be completed as if the notice had not expired.

    165Z Regional council may request suspension of applications to occupy common marine and coastal area for purposes of aquaculture activities
    • (1) This section applies if—

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

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

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

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

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

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

      • (a) specify—

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

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

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

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

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

      (4) A regional council must—

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

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

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

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

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

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

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

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

      • (a) if the request is declined, the day on which the regional council publicly notifies under section 165ZB(5) that the request has been declined; or

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

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

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

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

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

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

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

      • (b) may—

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

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

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

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

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

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

        • (ii) decline the request.

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

      (2A) Any period of consultation under subsection (1)(b)(i) is excluded from the period specified in subsection (1)(c).

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

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

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

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

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

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

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

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

      (5) If the Minister declines a request made under section 165Z(2),—

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

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

        • (i) the request was declined; and

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

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

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

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

      • (b) the Minister considers that—

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

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

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

      (2) Sections 165Z to 165ZB apply with any necessary modifications to a request for a further suspension of receipt of applications.

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

    165ZD Regional council may request direction to hear and process together applications for permits to occupy common marine and coastal area for purpose of aquaculture activities
    • (1) This section applies if, in a regional council’s opinion,—

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

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

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

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

      • (a) specify—

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

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

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

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

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

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

      • (b) may—

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

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

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

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

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

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

        • (ii) decline the request.

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

      (2A) Any period of consultation under subsection (1)(b)(i) is excluded from the period specified in subsection (1)(c).

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

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

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

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

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

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

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

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

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

        • (ii) may not include applications—

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

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

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

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

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

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

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

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

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

      (5A) The regional council must comply with a provision specified in the Gazette notice under subsection (5).

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

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

    Processing and hearing together of applications for coastal permits

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

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

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

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

    165ZFA Interpretation
    • In this section and sections 165ZFB to 165ZFF,—

      affected application, in relation to a PHT requirement,—

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

      (9) If the regional council—

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

      • (d) despite section 115,—

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

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

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

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

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

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

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

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

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

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

          • (B) the regional council; and

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

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

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

91 Subpart 2 of Part 7A repealed
  • Subpart 2 of Part 7A is repealed.

92 Application
  • Section 165ZG(1)(a) is amended by omitting , that relate to an aquaculture management area.

92 Application
  • (1) Section 165ZG(1) is amended by repealing paragraph (a) and substituting the following paragraph:

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

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

    • (2) However, this subpart does not apply to an application for a coastal permit to occupy space in the common marine and coastal area for an aquaculture activity if, at the time the application is made,—

      • (a) a regional coastal plan provides for a method of allocating authorisations in respect of the space and activity; or

      • (b) an approval by the Minister to use public tendering or another allocation method applies under section 165M in respect of the space and activity.

    • (3) Despite section 165H, this subpart does apply even if there is a rule in a proposed regional coastal plan that has legal effect.

93 Processing applications for existing permit hoders holders
  • (1) Section 165ZH(1)(a)(i) is amended by inserting or 17B 20A after section 10 or 20.

    (2) Section 165ZH(1)(a)(ii) is amended by omitting to occupy space for the purpose of and substituting to undertake.

    (2) Section 165ZH(1)(a)(ii) is amended by omitting for the purpose of and substituting in the common marine and coastal area for.

    (3) Section 165ZH(1)(b)(ii) is amended by omitting an area located in an aquaculture management area and substituting space in the common marine and coastal area in which aquaculture is not a prohibited activity.

    (4) Section 165ZH(2)(a) and (b) is amended by omitting for in the second place where it appears and substituting to occupy.

    (5) Section 165ZH(2)(b) is amended by omitting for and substituting to occupy.

93A Applications for space already used for aquaculture activities
  • (1) Section 165ZI(1) is amended by omitting carry out and substituting occupy space in the common marine and coastal area for.

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

94 Additional criteria for considering applications for permits for space already used for aquaculture activities
  • Section 165ZJ(1) is amended by repealing paragraph (c).

95 Right of objection to consent authority against certain decisions or requirements
  • Section 357A(1)(a)(ii) is amended by omitting 125(1)(b) and substituting 125(1A)(b).

96 New sections 360A to 360C inserted
  • The following sections are inserted after section 360:

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

      (2) An amendment made under subsection (1)

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

      • (b) is subject to the other provisions of this Act; and

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

      • (c) may be amended—

        • (i) under this section; or

        • (ii) in accordance with Schedule 1; or

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

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

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

      • (b) adding provisions.

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

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

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

      • (b) has consulted—

        • (i) the Minister of Conservation; and

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

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

        • (iv) any other person whom the Minister of Aquaculture considers appropriate to consult; and

        • (iv) the public and iwi authorities in accordance with subsection (2A); and

      • (c) is satisfied that—

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

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

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

          • (A) any national policy statement; and

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

          • (C) any regional policy statement; and

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

      (2A) 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.

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

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

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

      • (b) ensure that—

        • (i) a copy of the regulations is attached to every copy of the regional coastal plan; and

        • (ii) that the provisions of the regional coastal plan are annotated to show the amendments made by the regulations.

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

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

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

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

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

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

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

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

    • (5) In this section, expiry date means the date that is 3 years after the commencement of section 97 of the Aquaculture Legislation Amendment Act (No 3) 2010.

98 Schedule 1 amended
  • Clause 25(4)(b) of Schedule 1 is amended by inserting or was made by regulations under section 360A after Environment Court.

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

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

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

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

99 Schedule 1A repealed
  • Schedule 1A is repealed.

Amendments to regional coastal plans

100 Amendments to proposed Tasman regional coastal plan
  • (1) The proposed Tasman regional coastal plan is amended in the manner specified in Schedule 2.

    (2) The Resource Management Act 1991 does not apply to the amendments to the proposed Tasman regional coastal plan as amended by subsection (1) except to the extent this section states otherwise.

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

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

    (5) On and from the date the amended plan becomes operative, the plan, including the amendments made to it under subsection (1), may be subsequently changed in accordance with Schedule 1 of the Resource Management Act 1991 as if the amendments had been made by the Tasman District Council and, to avoid doubt, all relevant provisions of the Act, including (without limitation) clause 20A and the relevant provisions of clause 25(4) of Schedule 1, apply to or in respect of the amendments.

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

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

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

    (6) In this section, proposed Tasman regional coastal plan means the following provisions of the Tasman Resource Management Plan as prepared by the Tasman District Council and approved by the Minister of Conservation on 14 June 2005:

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

    • (b) Part III:

    • (c) in Part V,—

      • (i) the paragraphs in Chapter 30 that are applicable to coastal waters; and

      • (ii) in Chapter 31, Rules 31.1.2, 31.1.3, 31.1.6, 31.1.6A and the applicable reasons in Section 31.1.7; and

      • (iii) Chapter 32 (as applicable to any activity in the coastal marine area):

    • (d) in Part VI,—

      • (i) Chapter 35; and

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

    • (e) in the planning maps, the planning maps referred to in the provisions listed in paragraphs (a) to (d).

101 Amendments to Waikato regional coastal plan
  • (1) The Waikato regional coastal plan is amended in the manner specified in Schedule 3.

    (2) The Resource Management Act 1991 does not apply to the amendment of the plan by subsection (1) except to the extent this section states otherwise.

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

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

    (5) On and from the date the amendments to the plan become operative, the amendments may be subsequently changed in accordance with Schedule 1 of the Resource Management Act 1991 as if the amendments had been made by the Waikato Regional Council, and, to avoid doubt, all relevant provisions of the Act, including (without limitation) clause 20A and the relevant provisions of clause 25(4) of Schedule 1 apply to or in respect of the amendments.

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

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

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

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

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


Schedule 1
New Schedules 1 and 2 added

s 30

Schedule 1
Marine Farming Permit 364 (Waikato Communal Area)

s 17B 20A

Deemed Coastal Permit Conditions

Term
1
  • This resource consent expires on 31 December 2023.

Activities authorised
2
  • This resource consent authorises:

    • (i) the marine farming of Green Mussels (Perna canaliculus) and Pacific Oysters (Crassostrea gigas);

    • (ii) the occupation of 22.5 hectares of space in the coastal marine area known as the Waikato Communal Area (as defined in section 20A(8) of the Aquaculture Reform (Repeals and Transitional Provisions) Act 2004);

    • (iii) any associated existing structures; and

    • (iv) any associated discharges, and

    • (v) any associated disturbance of, and deposition on, the seabed;

    (see advice note 7).

  • Note: Conventional marine farming structures include longlines and associated structures described in the marine farming chapters of the Waikato Regional Coastal Plan.

Notification
3
  • By 1 September 2011 the consent holder shall provide Maritime New Zealand (hereinafter referred to as “MNZ”) and Land Information New Zealand with written notice of the details of the marine farm authorised by this resource consent, including its geographic location and details of navigation lighting and marking.

4
  • By 1 September 2011 the consent holder shall provide the Waikato Regional Council with a structures plan showing the details of the existing marine farming structures within the space authorised by this resource consent, and details of navigation lighting and marking.

Boundary definition
5
  • The consent holder shall, if requested by the Waikato Regional Council in writing, provide the following:

    • (i) a survey plan prepared by a registered surveyor that defines the boundary of the marine farm (to an accuracy as stated on the request from the WRC); and/or

    • (ii) Global Positioning System (GPS) coordinates of the corner points of the marine farm (to an accuracy of at least plus or minus 10 metres).

    The consent holder shall, if requested by the Waikato Regional Council in writing, provide the following:

    • (a) a survey plan prepared in accordance with the Rules for Cadastral Survey 2010 promulgated by the Surveyor-General that defines the boundary of the marine farm and/or

    • (b) coordinates of the corner points of the marine farm suitable for use with a global navigation satellite system such as Global Positioning System (to an accuracy of at least plus or minus 10 metres).

  • This information shall be provided to the Waikato Regional Council as soon as is practicable but no later than one (1) month from the date of receipt of that request.

  • Unless otherwise agreed by the Waikato Regional Council, the survey plan shall be made in accordance with the Surveyor General’s Rules for Cadastral Survey 2002/2, or any regulations made in substitution thereof. The location coordinates are to be in Geodetic Datum 2000, New Zealand Transverse Mercator Projection.

Code of Practice
6
  • The marine farm shall be operated in general accordance with the mussel farming code of practice document titled Mussel Industry Environmental Code of Practice, New Zealand Mussel Industry Council Limited, dated 1999 (or any subsequent update to that document) to the satisfaction of the Waikato Regional Council.

  • Where any conflict exists between the Code of Practice and the conditions of this resource consent, the conditions shall prevail.

Marking and lighting
7
  • Each corner of the marine farm and the middle of each of the seaward-most and landward-most longlines shall be marked with an orange marker buoy of a minimum diameter of 500 millimetres.

8
  • The marine farm shall be clearly marked with the consent holders holder's name and consent number or former marine farming permit number on at least one of the four orange corner marker buoys, unless otherwise agreed in writing by the Waikato Regional Council.

9
  • Each structure used by a member of the Coromandel Marine Farmers Association is to be clearly marked at its corners with buoys bearing the member’s name.

10
  • The consent holder shall ensure that the marine farming structures authorised by this resource consent are marked and lit in accordance with the navigation safety requirements of MNZ and the Harbourmaster or their delegate. This condition will be satisfied by complying with the document titled Guideline for Aquaculture Management Areas and Marine Farms, Maritime New Zealand, dated December 2005 (or any subsequent update to that document).

Navigation safety and structural integrity
11
  • The consent holder shall maintain all structures authorised by this resource consent to ensure that they are restrained, secure and in working order at all times so as to not create a navigational hazard, and take whatever steps are reasonably necessary to ensure structural integrity is maintained.

  • Note: A separate resource consent may be required as a result of the need to undertake further works. Any such consent shall be obtained by the consent holder at their sole expense prior to any works being undertaken.

12
  • Should any part of the structures authorised by this resource consent be lost into the marine environment that is of a size that could constitute a navigation hazard, the consent holder shall inform the Waikato Regional Council as soon as practicable. The consent holder shall also undertake all necessary steps where practicable to find the lost part and once found shall undertake such actions as are necessary to ensure it does not constitute a navigation hazard.

Waste removal
13
  • The consent holder shall ensure that non-biodegradable material lost or removed from the structures authorised by this resource consent, including but necessarily limited to, anchors, lines, droppers, ties, buoys, cages and timber, shall be removed as soon as practicable from the seabed, water column or foreshore and disposed of on land to the satisfaction of the Waikato Regional Council.

Removal of unused and/or abandoned structures
14
  • The consent holder shall inform the Waikato Regional Council as soon as practicable should the marine farming operation cease within all or part of the space authorised by this resource consent. Unless otherwise agreed in writing by the Waikato Regional Council, the structures authorised by this resource consent shall be removed and suitably disposed of on land to the satisfaction of the Waikato Regional Council at the consent holder’s expense within six (6) months of the date of ceasing to farm this area, or at the expiry or lapse or cancellation or surrender of this resource consent.

  • Note: Removal upon expiry shall not apply where the consent holder has applied to the Waikato Regional Council pursuant to sections 165ZH and 124 of the Resource Management Act 1991 to replace this resource consent and a final decision on the application has not been determined.

Discharges
15
  • The consent holder shall ensure that there are no unauthorised discharges of contaminants such as oil, diesel, or petrol, to surface water or the coastal marine area as a result of the exercise of this resource consent.

16
  • The consent holder shall not introduce artificial feed or antibiotics to the water column unless authorised by a separate resource consent.

Monitoring
16A
  • The consent holder shall, within 2 months of the commencement of Part 1 of the Aquaculture Legislation Amendment Act (No 3) 2010, submit an environmental monitoring plan for the approval of the Chief Executive of the Waikato Regional Council, to effectively monitor the environmental effects of the existing marine farm.

Bond
17
  • Before 1 September 2011, unless otherwise agreed in writing by the Waikato Regional Council, the consent holder shall provide a bond to secure compliance with condition [14] of this resource consent to the satisfaction of the Waikato Regional Council.

18
  • Unless the Waikato Regional Council agrees to an earlier release, the consent holder shall maintain the bond in favour of the Waikato Regional Council until two (2) years after the expiry of this resource consent. Where the consent holder has applied to the WRC Waikato Regional Council pursuant to sections 165ZH and 124 of the Resource Management Act 1991 to replace this resource consent, the consent holder shall maintain the bond in favour of the Waikato Regional Council until one (1) year after the decision and any subsequent appeals on that decision.

19
  • The bond shall be in a form approved by the Waikato Regional Council and shall be on the terms required by the Waikato Regional Council. Unless the bond is a cash deposit, the performance of the bond shall be guaranteed by a guarantor which is acceptable to the Waikato Regional Council. The guarantor shall bind itself to pay for, or undertake, the work necessary for the carrying out and completion of any works to ensure compliance with condition [14] in the event of any default of the consent holder. Alternatively, the bond requirement may be met by a legally enforceable industry pooled fund and/or security scheme which has been approved by the WRC.

20
  • Before 1 September 2011 the consent holder shall propose a bond quantum for the Waikato Regional Council’s consideration. The bond shall be fixed by the Waikato Regional Council after taking into account any calculations or other matters submitted by the consent holder which are relevant to the determination of the bond quantum. Failure to propose a bond quantum by this date will result in the bond quantum being fixed by the Waikato Regional Council without such consideration.

21
  • The bond shall make provision so that every third year, beginning 1 March 2014, the quantum of the bond shall be adjusted for inflation.

22
  • The bond may be varied or cancelled at any time by agreement in writing between the consent holder and the Waikato Regional Council.

  • Note: The Waikato Regional Council may include in any written agreement cancelling the bond a stipulation that the requirement for the bond shall be reinstated at any time if it is deemed necessary by the Waikato Regional Council following consultation with the consent holder.

23
  • The transfer of this resource consent is subject to the transferee providing a bond on the same terms as the existing bond, unless this requirement is provided for by an industry security scheme approved by the Waikato Regional Council. In the case of any transfer in part or in whole to another person, the bond lodged by the transferor shall be retained until any outstanding work at the date of transfer is completed to ensure compliance with condition [14] of this resource consent.

  • Note: The Waikato Regional Council will not unreasonably retain the bond if it is satisfied that adequate or alternative provisions have been made in this regard.

24
  • The consent holder shall pay all reasonable costs incurred by the Waikato Regional Council in relation to the preparation, administration and execution of the bond.

Review
25
  • The Waikato Regional Council may, within two (2) months either side of 1 March 2012, and at five yearly periods thereafter, serve notice on the consent holder under section 128(1) of the Resource Management Act 1991, of its intention to review the conditions of this resource consent. The review will be for the following purposes:

    • (i) to review the effectiveness of the conditions of this resource consent in avoiding or mitigating any adverse effects on the environment from the exercise of this resource consent and if necessary to avoid, remedy or mitigate such effects by way of further or amended conditions; and/or

    • (ii) if necessary and appropriate, to require the holder of this resource consent to adopt the best practicable option to remove, or reduce, adverse effects on the environment resulting from the exercise of this resource consent; and/or

    • (iii) to review the adequacy of and the necessity for monitoring (including, but not limited to, environmental monitoring and biosecurity monitoring) undertaken by the consent holder.

  • Note: Costs associated with any review of the conditions of this resource consent will be recovered from the consent holder in accordance with the provisions of section 36 of the Resource Management Act 1991.

Administration
26
  • The consent holder shall pay to the Waikato Regional Council any administrative charge fixed in accordance with section 36 of the Resource Management Act 1991, or any charge prescribed in accordance with regulation made under section 360 of the Resource Management Act 1991.

Advice notes

General
  • 1. The consent holder is responsible for all sub-contracted operations related to the exercise of this consent.

  • 2. The consent holder may apply to change the conditions of this resource consent under section 127 of the Resource Management Act 1991.

  • 3. In accordance with section 126 of the Resource Management Act 1991, if this resource consent has been exercised in the past, but has not been exercised during the preceding five (5) years, it may be cancelled by the Waikato Regional Council.

  • 4. The consent holder is advised that they have a general duty under section 17(1) of the Resource Management Act 1991 to avoid, remedy or mitigate any adverse effect on the environment arising from the marine farming activity.

  • 5. The consent holder is required to comply with all relevant provisions of the Building Act 2004.

Aquaculture reforms
  • 6. This resource consent provides for activities previously authorised by a marine farming permit. This resource consent (deemed coastal permit) was created on 1 July 2011 by Part 1 of the Aquaculture Legislation Amendment Act (No 3) 2010 and expires on 31 December 2023 (section 8 of that Act). The consent holder has a right to apply for a replacement resource consent pursuant to sections 165ZH and 124 of the Resource Management Act 1991.

Extent of occupation
  • 7. This resource consent does not grant exclusive occupation rights to the consent holder. The consent holder may not occupy the coastal marine area outside the space authorised by this resource consent.

Biosecurity
  • 8. Under section 44 of the Biosecurity Act 1993 every person has a duty to inform the Ministry of Agriculture and Forestry (MAF), as soon as practicable, of the presence of an organism not normally seen or otherwise detected in New Zealand.

  • Under section 46 of the Biosecurity Act 1993 every person is required, without unreasonable delay, to notify the Chief Technical Officer of the presence or possible presence of notifiable organisms (under MAF policy all notifiable organisms are also unwanted organisms).

Marine mammals
  • 9. In the event a marine mammal is entangled or stranded within the farm structures the consent holder should, as soon as practicable, contact the nearest office of the Department of Conservation. This is a legal requirement under the Marine Mammals Protection Act 1978.

  • 10. In the event that a protected species other than a marine mammal is entangled, that is protected under the Wildlife Act 1953 (for example, sea turtles) the consent holder should as soon as practicable, contact the nearest office of the Department of Conservation or the Ministry of Fisheries. This is a legal requirement under the Wildlife Act 1953, in respect of permits issued under the Fisheries Act 1983.

Administration

The reasonable costs incurred by Waikato Regional Council arising from supervision and monitoring of this resource consent will be charged to the consent holder (section 36 of the Resource Management Act 1991). This may include, but not be limited to, routine inspection by Waikato Regional Council officers or agents, liaison with the consent holder, responding to complaints or enquiries relating to the marine farm, and review and assessment of compliance with the conditions of consent.

Schedule 2
Aquaculture agreements

ss 25A, 26A, 50A

1
  • Subpart 4 of Part 9A of the Fisheries Act 1996 applies in relation to aquaculture agreements entered into for the purposes of sections 25A, 26A, and 50A of this Act subject to the exclusion and modifications in this schedule.

2
  • Section 186ZF applies as if subsection (2) were repealed and the following subsection substituted:

    • (2) The consents required are, in relation to each stock specified in the chief executive’s notice under section 25A(5), 26A(5), or 50A(5) section 25A(8), 26A(8), or 50A(8) of the Aquaculture Reform (Repeals and Transitional Provisions) Act 2004, as the case may be,—

      • (a) the consents of registered quota owners of the stock holding not less than 75% of the quota shares for the stock; and

      • (b) to the extent that the consents referred to in paragraph (a) are given by persons holding 75% or more but less than 100% of the quota shares for the stock, the consent of the High Court in relation to the persons who did not consent.

3
  • Section 186ZF applies as if subsection (4) were repealed and the following subsection substituted:

    • (54) For the purposes of this section, subsection (2) applies to the persons specified in that subsection as at 5 pm on the date on which notice is given under section 25A(5), 26A(5), or 50A(5) section 25A(8), 26A(8), or 50A(8) of the Aquaculture Reform (Repeals and Transitional Provisions) Act 2004, as the case may be.”

4
  • Section 186ZI(1)(b) applies as if “date of the public notice of the reservation under section 186H(3) in relation to the coastal permit concerned” were omitted and “date of the notice under section 25A(5), 26A(5), or 50A(5) section 25A(8), 26A(8), or 50A(8) of the Aquaculture Reform (Repeals and Transitional Provisions) Act 2004” were substituted.

5
  • Section 186ZK does not apply.

6
  • Section 186ZL applies as if subsection (1) subsections (1) and (2) were repealed and the following subsection substituted:

    • (1) If the chief executive gives notice under section 25A(5), 26A(5), or 50A(5) section 25A(8), 26A(8), or 50A(8) of the Aquaculture Reform (Repeals and Transitional Provisions) Act 2004, the chief executive must, on the date of the public notice, ensure that a memorial is recorded in the appropriate register against all quota for the stocks specified in the notice.”

7
  • Section 186ZL(3) applies as if subsection (3)(a) paragraph (a) were repealed and the following paragraph substituted:

    • “(a) the chief executive has determined that section 25A(3)(5), 26A(3)(5), or 50A(3)(5) of the Aquaculture Reform (Repeals and Transitional Provisions) Act 2004 applies; and”.

8
  • Section 186ZL applies as if subsection (4) were repealed and the following subsection substituted:

    • (4) A memorial referred to in subsection (1) must be cancelled on the expiry of the period specified in section 186ZI(1)(b)(i).”


Schedule 1A
Amendments to Part 4 of Schedule 2 of Fisheries (Commercial Fishing) Regulations 2001

s 48A(1)

New clause 18A

Insert the following clause after clause 18:

18A Aquaculture matters
  • (1) The fee payable in relation to the following matters is $2,008.20:

    • (a) obtaining and analysing information for the purpose of making an aquaculture decision from the time of receipt of the application for a coastal permit to occupy space in the coastal marine area for an aquaculture activity:

    • (b) an aquaculture decision:

    • (c) preparing for, and making aquaculture decisions in relation to, changes to the conditions of coastal permits (whether the changes are initiated by the holder of the coastal permit or the consent authority that issued it).

    (2) The fee payable in relation to the following matters is $276 plus $24.15 for each additional stock involved:

    • (a) a decision whether to register a pre-request aquaculture agreement:

    • (b) registering a pre-request aquaculture agreement:

    • (c) a decision whether to register an aquaculture agreement:

    • (d) registering an aquaculture agreement:

    • (e) any administration associated with registering an aquaculture agreement or a pre-request aquaculture agreement.

Clause 20

Omit clauses 17 or 18 and substitute clause 17, 18, or 18A(1).


Schedule 1B
Amendments to Fisheries (Registers) Regulations 2001

s 48A(2)

New regulations 10 and 11 substituted

Revoke regulation 10 and substitute the following regulations:

10 Information to be entered in aquaculture agreement register
  • The chief executive must enter the following information in the aquaculture agreement register:

    • (a) the name and address of the regional council in whose region the area is situated that the agreement relates to:

    • (b) a description of the space in the coastal marine area that the aquaculture agreement relates to:

    • (c) the name, address, email address (if any), and client number of each person who has requested the registration of the aquaculture agreement; and the name and client number of, and stocks held by, each quota owner who has consented:

    • (d) the stocks that the aquaculture agreement relates to:

    • (e) a statement that the aquaculture agreement contains the consents required by section 186ZF of the Act:

    • (f) details of any consents given by the High Court under section 186ZG of the Act:

    • (g) the date on which the aquaculture agreement was registered:

    • (h) the coastal permit number or coastal permit application number which the aquaculture agreement relates to:

    • (i) the expiry date of the coastal permit that the aquaculture agreement relates to.

11 Information to be entered in pre-request aquaculture agreement register
  • The chief executive must enter the following information in the pre-request aquaculture agreement register:

    • (a) the name and address of the regional council in whose region the area is situated that the agreement relates to:

    • (b) a description of the site that the pre-request aquaculture agreement relates to:

    • (c) the name, address, email address (if any), and client number of each person who has requested the registration of the pre-request aquaculture agreement; and the name and client number of, and stocks held by, each quota owner who has consented:

    • (d) the stocks to which the pre-request aquaculture agreement relates:

    • (e) a statement that the pre-request aquaculture agreement contains the consents required by section 186ZM of the Act:

    • (f) the date on which the pre-request aquaculture agreement was registered:

    • (g) the coastal permit number or coastal permit application number to which the pre-request aquaculture agreement relates:

    • (h) the expiry date of the coastal permit to which the pre-request aquaculture agreement relates.


Schedule 2
Amendments to Tasman regional coastal plan

s 100

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

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

    Extractive Species – means species which extract food that occurs naturally in the water column (e.g. plankton) or seabed, and which do not need the addition of material such as feed and therapeutants.

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

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

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

    Definition of Spat: omit and substitute:

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

    Definition of Mussel farming: omit.

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

    Eighth paragraph: omit marine farming and substitute aquaculture.

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

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

    Tenth paragraph: omit marine farming and substitute aquaculture.

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

    Twelfth paragraph: omit and substitute:

    The Plan incorporates provisions for the ongoing sustainable management of the AMAs. Each AMA is divided into subzones that are identified as being suitable for either spat catching or permanent farming operations. As a result of the inquiry into the original plan provisions, aquaculture activities in Tasman were initially restricted to mussel and scallop spat catching and mussel farming. Recent amendments to the plan provisions through the Aquaculture Legislation Amendment Bill (No 3) will now allow consideration of applications to catch spat of other species and to farm species other than mussels in certain circumstances. Notwithstanding these amendments the Plan continues to recognise that the initial development and subsequent expansion of the industry within the AMAs is dependent upon a high level of ecological investigation, ongoing monitoring, and management of expansion, particularly for permanent farming activities.

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

Policy 22.1.4

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

New Policies 22.1.4A and 22.1.4B

Insert after policy 22.1.4:

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

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

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

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

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

Policy 22.1.5

Omit spat catching and mussel farming and substitute aquaculture activities.

Heading above Policy 22.1.10

Omit Mussel and substitute Marine.

Heading to Policy 22.1.10: omit – Mussel Farming.

Policy 22.1.10

Omit mussel farming and substitute marine farming.

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

New Policies 22.1.10A and 22.1.10B

Insert after policy 22.1.10:

22.1.10A
  • To manage aquaculture involving filter feeding bivalves and/or other extractive species (excluding spat catching) by:

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

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

22.1.10B
  • To manage aquaculture involving additive species or additive and extractive species in the same subzone (excluding spat catching) by:

    • (a) for a first stage of development of aquaculture involving additive species, using tendering to allocate authorisations for a combined total of up to 120 hectares of space in Golden Bay and Tasman Bay, across subzone (a) of AMA 1 Waikato, subzones (p) and (q) of AMA 2 Puramakau and subzones (i) – (k) of AMA 3 Te Kumara. The actual area to be tendered will be informed by investigations into physical conditions (such as depth and current) and any scientific investigations undertaken into environmental limits on aquaculture involving additive species in these subzones;

    • (b) once the interim AMAs are confirmed, and for a first stage of development of aquaculture involving additive species, using tendering to allocate authorisations for a combined total of up to 160 hectares of space in Golden Bay and Tasman Bay, across subzones (b) – (d) of AMA 1 Waikato, subzones (l) – (o) of AMA 2 Puramakau and subzone (l) of AMA 3 Te Kumara. The actual area to be tendered will be informed by investigations into physical conditions (such as depth and current) and any scientific investigations undertaken into environmental limits on aquaculture involving additive species in these subzones;

    • (c) within the first stage of aquaculture involving additive species in any subzone:

      • (i) authorising an initial area of development not exceeding 10 hectares, with requirements to monitor and report on environmental effects resulting from farming the space at the full intensity of development; and

      • (ii) allowing successive stages of development within the area defined by the same consent, when Council is satisfied that the risk of adverse ecological effects is managed in accordance with the objectives and policies of this Plan;

    • (d) where the Council is satisfied, based on scientific investigations and monitoring, that adverse effects (including on the sustainable carrying capacity of the AMA subzone, neighbouring subzones and the wider environment) will be managed in accordance with the objectives and policies of this Plan, using tendering to allocate authorisations to apply for consents to occupy further areas of subzones beyond the first stage of development.

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

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

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

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

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

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

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

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

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

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

Policy 22.1.11

Omit.

Policies 22.1.12, 22.1.14, and 22.1.15

Omit mussel farming in each place where it appears and substitute in each case aquaculture.

Policy 22.1.12

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

Policy 22.1.14

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

Policy 22.1.15

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

Policy 22.1.16

Omit an Ecological Advisory Group and substitute Ecological Advisory Group(s).

Omit of mussel farming development and substitute and development of aquaculture.

Policy 22.1.17

Omit the Ecological Advisory Group and substitute Ecological Advisory Group(s).

Omit mussel farming and substitute aquaculture (excluding spat catching).

Policies 22.1.16 and 22.1.17

Omit and substitute:

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

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

Policy 22.1.21

Omit mussel farming development in AMA 2 and substitute aquaculture activities.

Insert and amenity after natural character.

New Policy 22.1.23

Insert after rule policy 22.1.22:

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

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

    • (b) introduction of biosecurity risk organisms;

    • (c) genetic risk to wild stock.

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

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

    Paragraph (a)(iii): omit mussel farming.

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

    Paragraph (a)(v): omit mussel farming.

    Paragraph (a)(v): insert for aquaculture involving filter feeding bivalves (including mussels) and other extractive species after applications.

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

    Insert after paragraph (a)(v):

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

    Paragraph (a)(vi): omit an Ecological Advisory Group and substitute Ecological Advisory Group(s).

    Paragraph (a)(vi): omit mussel farming and substitute aquaculture.

    Paragraph (a)(vi): omit the EAG and substitute an EAG.

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

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

    Paragraph (c): add:

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

Chapter 22.1.40 Principal Reasons and Explanation
  • Second paragraph: omit paragraph (b).

    Second paragraph: insert after paragraph (c):

    • (a) seasonal use of spat catching sites.

    Second paragraph in paragraph (d): omit mussel farming and substitute aquaculture involving filter feeding bivalves (including mussels) and other extractive species.

    Second paragraph: omit paragraph (e) and substitute:

    • (e) providing the ability to apply for consents for a limited first stage of development of space for aquaculture involving additive species, using a tendering process informed by investigations into physical conditions (such as depth and current) and any scientific investigations undertaken into environmental limits on aquaculture involving additive species;

    • (f) where monitoring of the first stage of development and scientific investigations undertaken into environmental limits on aquaculture show that adverse effects of aquaculture involving additive species can be appropriately managed, providing through a further tendering process the ability to apply for consents for greater areas in the subzones;

    • (g) utilising monitoring results and scientific investigations that are undertaken to inform both the tendering process and the consideration of resource consent applications.

    Second paragraph: omit paragraphs (b) to (e) and substitute:

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

    • (c) seasonal use of spat catching sites;

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

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

    Sixth paragraph: omit and substitute:

    Aquaculture involving filter feeding bivalves and/or other extractive species

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

    Seventh paragraph: omit mussel.

    Add after the eight paragraph:

    Aquaculture involving additive species

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

    First stage of development

    Initially, the Council will tender the opportunity to apply for consents for aquaculture involving additive species for a small proportion of the total AMA space in Tasman and Golden Bays. A minimum of two rounds of tendering will occur, the first for space in the existing deemed AMAs and a second for space in the current interim AMAs once these have been confirmed. The Council may choose to tender smaller areas of space in more than two rounds of tendering. In addition the Council will advocate for and participate in the gathering of further information relating to the effects of aquaculture involving additive species. Such information would affect the location and size of the area to be tendered and the Council’s decisions on any subsequent consent applications. Policy 22.1.10B sets upper limits on the area to be tendered in the first stage of development for aquaculture involving additive species. The actual area to be tendered in this and any successive stages (see below) will reflect the results of investigations into physical conditons (such as depth and current) and any scientific investigations undertaken into environmental limits on aquaculture involving additive species.

    Successful tenderers will have to apply for resource consent to develop the allocated space. This will be subject to a discretionary resource consent process, which will be informed by available scientific research and include the requirement to develop ecological monitoring programmes to comprehensively assess both the individual effects of each proposal and cumulative effects in combination with other aquaculture activities in the same and neighbouring subzones. It will also be a requirement that the development in any subzone be staged, with an initial area of 10 hectares developed and monitored before any further expansion is allowed. Submitting a successful tender is no guarantee of obtaining resource consent.

    As all of the marine farming subzones are currently subject to either existing coastal permits or consent applications the tender process is likely to be restricted to these parties. The purpose of the tender process is to allow those parties involved in aquaculture to indicate where the most appropriate space for developing aquaculture involving additive species is located.

    Further development

    Any expansion of aquaculture involving additive species beyond the first stage of development will be subject to a further tendering process, once further information on the effects of aquaculture involving additive species in Tasman Bay and Golden Bay is available and the Council is satisfied that any adverse effects can be managed in accordance with the objectives and policies of the Plan.

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

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

    Tendering will provide industry with the flexibility to determine where they would like to farm additive species and the extent to which they would like to develop such farms. While the 280 hectare maximum of space is based on an average of 20 hectares in each subzone (excluding the spat catching subzones), tendering will enable industry to develop more space in one subzone and less in another.

    Successful tenderers will have to apply for resource consent to develop the allocated space. This will be subject to a discretionary resource consent process, which will be informed by available scientific research and include the requirement to develop ecological monitoring programmes to comprehensively assess both the individual effects of each proposal and cumulative effects in combination with other aquaculture activities in the same and neighbouring subzones. It will also be a requirement that the development be staged, with no more than 10 hectares developed initially under any consent. Further expansion would be dependent on the results of monitoring. A successful tender is no guarantee of obtaining resource consent.

New heading above Rule 25.1.5

Insert above rule 25.1.5:

Spat Catching in Subzone (a) AMA 1 Waikato, Subzones (a) – (k) AMA 2 Puramakau and Subzones (a) – (h) of AMA 3 Te Kumara.
Heading to Rule 25.1.5

Omit (Spat Catching).

Rule 25.1.5

First paragraph: insert in subzone (a) AMA 1 Waikato, subzones (a) – (k) AMA 2 Puramakau and subzones (a) – (h) of AMA 3 Te Kumara after or mussel spat catching.

First paragraph: omit standards and terms and substitute conditions.

Paragraph (a): omit Standards and substitute Conditions.

Paragraph (b): omit only in and substitute entirely within.

Paragraph (e): omit only in and substitute entirely within.

Paragraph (e): omit ; or (f) applies.

Paragraph (e): omit and substitute:

  • (e) Subject to condition (g), the activity occurs entirely within subzones (e) – (k) of AMA 2 Puramakau and (e) – (h) of AMA 3 Te Kumara.

Paragraph (f): omit.

Paragraph (g): omit Except as provided for in (f), in and substitute In.

Heading to item relating to For All Spat Catching: add in Spat Catching Subzones.

Paragraph (i): omit Clause (b) or Clause (e) and substitute Condition (b) or Condition (e).

Paragraphs (l) and (m): omit.

Second paragraph in paragraph (3): omit Safety Authority and substitute New Zealand.

Second paragraph in paragraph (6): omit convenants,.

Third paragraph: omit paragraph (a).

Third paragraph in paragraph (b): insert Council after is to notify the.

Third paragraph in paragraph (d): omit the Duty Officer at the Maritime Safety Authority and substitute Maritime New Zealand.

Third paragraph in paragraph (d): omit the Nautical Adviser at.

Third paragraph: omit paragraph (e).

Third paragraph after paragraph (f): add:

  • (g) Where the spat catching is to occur in a subzone not used for spat catching in the last five years, no spat catching structures are placed in the water until information to implement Schedule 25.1H has been provided to the Council.

  • (h) Where the spat catching is to occur in a subzone used for spat catching within the last five years, no spat catching structures are to be placed in the water until the consent holder has provided a report to the Council detailing how the effects on the benthic environment from the previous spat catching operations have been dealt with and identifying how those effects from the operation of this consent will be dealt with, to the satisfaction of the Council.

Heading to 25.1.5AA

Omit (Spat Catching)

Rule 25.1.5AA

First paragraph: omit first sentence and paragraphs (i) and (ii) and substitute:

The occupation and disturbance of any site in the coastal marine area by structures, and the use of those structures in subzone (a) AMA 1 Waikato, subzones (a) – (k) AMA 2 Puramakau and subzones (a) – (h) of AMA 3 Te Kumara for mussel spat catching and scallop spat catching in their respective subzones for spat catching, and the activity does not comply with the standards conditions (j) or (k) of Rule 25.1.5;

First paragraph in second sentence: omit standards and terms and substitute conditions.

First paragraph in paragraph (a): omit , except that this standard shall not apply to mussel spat catching in a mussel farming subzone.

First paragraph: omit paragraphs (c) and (d).

Second paragraph in paragraph (4): omit Safety Authority and substitute New Zealand.

Second paragraph in paragraph (7): omit covenants,.

Third paragraph: omit paragraph (a).

Third paragraph in paragraph (b): insert Council after is to notify the.

Third paragraph in paragraph (d): omit the Duty Officer at the Maritime Safety Authority and substitute Maritime New Zealand.

Third paragraph in paragraph (d): omit the Nautical Adviser at.

Third paragraph: omit paragraph (e).

Third paragraph after paragraph (f): add:

  • (g) Where mussel spat catching is to occur in a subzone not used for mussel spat catching in the last five years, no spat catching structures are placed in the water until information to implement Schedule 25.1H has been provided to the Council.

  • (h) Where spat catching is to occur in a subzone used for spat catching in the last five years, no spat catching structures are placed in the water until the consent holder has provided a report to the Council detailing how the effects on the benthic environment from the previous spat catching operations have been dealt with and identifying how those effects from the operation of this consent will be dealt with, to the satisfaction of the Council.

Rule 25.1.5BB

Paragraph (b): omit Spat catching that and substitute Scallop and mussel spat catching that

Paragraph (c): insert in a spat catching subzone after or mussels.

Add after paragraph (c):

Note: Catching of spat of species other than mussels and scallops falls within the definition of ‘aquaculture’ and is therefore provided for under Rules 25.1.5CC – 25.1.5FFA below within the marine farming subzones.

Aquaculture other than Spat Catching

Note: The activities provided for by Rules 25.1.5CC – 25.1.5FFA may also require consent for discharge under Rule 36.2.7A, but note that effects of shell and live organism drop-off, faeces and pseudofaces are addressed under the rules for occupation of the coastal marine area for the purposes of aquaculture.

Rule 25.1.5BB

Omit and substitute:

25.1.5BB Prohibited Activities
  • (a) Scallop and mussel spat catching in subzones (a) – (k) of AMA 2 Puramakau and subzones (a) – (h) of AMA 3 Te Kumara that does not comply with conditions (a) – (i) of Rule 25.1.5 or with Rule 25.1.5AA is a prohibited activity for which no resource consent application will be received or granted. For the avoidance of doubt, this does not preclude an applicant from applying for consent to catch spat across all spat catching subzones in an AMA in successive years, subject to compliance with Rule 25.1.5(b) and (g) in any spat catching season.

  • (b) The catching of spat of species other than scallops or mussels in subzones (a) – (k) of AMA 2 Puramakau and subzones (a) – (h) of AMA 3 Te Kumara is a prohibited activity for which no resource consent application will be received or granted.

  • (c) Aquaculture other than the catching of scallop or mussel spat in subzones (a) – (k) of AMA 2 Puramakau and subzones (a) – (h) of AMA 3 Te Kumara is a prohibited activity for which no resource consent application will be received or granted.

Aquaculture in Subzones (a) – (d) AMA 1 Waikato, Subzones (l) – (g) AMA 2 Puramakau and Subzones (i) – (l) AMA 3 Te Kumara

Note: Catching of spat falls within the definition of ‘aquaculture’ and is therefore provided for under Rules 25.1.5CC – 25.1.5FFA below within subzones (a) – (d) AMA 1 Waikato, subzones (l) – (g) AMA 2 Puramakau and subzones (i) – (l) AMA 3 Te Kumara.

Note: The activities provided for by Rules 25.1.5CC – 25.1.5FFA may also require consent for discharge under Rule 36.2.7A, but note that effects of shell and live organism drop-off, faeces and pseudofaces are addressed under the rules for occupation of the coastal marine area for the purposes of aquaculture and therefore do not need separate discharge permits.

Rule 25.1.5CC

Heading to Rule 25.1.5CC: omit (Mussel Farming) and substitute (Aquaculture Involving Filter Feeding Bivalves, Including Mussels).

First paragraph: omit mussel farming and substitute aquaculture involving filter feeding bivalves (including mussels).

First paragraph: omit standards and terms and substitute conditions.

First paragraph in paragraph (a): omit in a subzone for mussel farming, being and substitute entirely within any of the following subzones.

First paragraph in paragraph (b): omit comprises mussel farming, which is identified in a whole subzone ecological management plan and substitute is identified in an ecological management plan which has been prepared for the entire subzone and is.

First paragraph in paragraph (c): omit for mussel farming (including any current application if granted) in any mussel farming and substitute in any one.

First paragraph in paragraph (c)(iii): omit mussel.

First paragraph in paragraph (c)(iii): omit block and substitute subzone.

First paragraph in paragraph (f): omit mussel farming.

First paragraph: omit paragraphs (f) and (g).

Second paragraph: insert after paragraph (1)(i):

  • (ia) managing risks of incursion, disease, biosecurity risk organisms, and genetic risk to wild stock;

  • (ib) managing effects of shell and live organism drop-off and production of faecal and pseudofaecal material.

Second paragraph in paragraph (iii): omit an and substitute consistency with the.

Second paragraph in paragraph (iii): omit whole.

Second paragraph in paragraph (iv): omit mussel farming and substitute marine farming.

Third paragraph: omit Conditions may be imposed on the following matters over which the Council has reserved control:

Third paragraph in paragraph (4): omit Safety Authority and substitute New Zealand.

Third paragraph: omit paragraph (5).

Third paragraph in paragraph (7): omit covenants,.

Fourth paragraph: omit paragraph (a).

Fourth paragraph in paragraph (b): insert Council after is to notify the.

Fourth paragraph in paragraph (d): omit the Duty Officer at the Maritime Safety Authority and substitute Maritime New Zealand.

Fourth paragraph in paragraph (d): omit the Nautical Adviser at.

Fourth paragraph: omit paragraph (e).

Fourth paragraph after paragraph (f): add:

  • (g) No structures are placed in the water until baseline information to implement Schedule 25.1H has been provided to the Council.

    For the avoidance of doubt, baseline information is not required for replacement consents where the application site has been farmed within the last five years.

Rules 25.1.5DD and 25.1.5EE

Omit and substitute:

25.1.5DD Restricted Discretionary Activities (Aquaculture Involving Filter Feeding Bivalves, Including Mussels)

The occupation and disturbance of any site in the coastal marine area by structures, and the use of those structures, for aquaculture involving filter feeding bivalves (including mussels) that does not comply with the standards and terms conditions of Rule 25.1.5CC is a restricted discretionary activity if it complies with the following standards and terms conditions:

  • (a) The activity occurs entirely within any of the following subzones:

    • (i) subzones (a) – (d) of AMA 1 Waikato;

    • (ii) subzones (l) – (q) of AMA 2 Puramakau;

    • (iii) subzones (i) – (l) of AMA 3 Te Kumara.

  • (b) The activity is identified in a whole subzone ecological management plan an ecological management plan which has been prepared for the entire subzone and is submitted as part of the resource consent application. The ecological management plan must address the matters set out in Schedule 25.1H, including baseline information.

  • (c) Except in AMA 1 Waikato subzone (a) or (b), in any subzone a maximum of 50 hectares farmed at up to the full intensity allowed by the consent, or 75 hectares farmed at up to 67% of that intensity, is allowed as the first stage of development.

    For the avoidance of doubt, and notwithstanding Rule 25.1.5GG (c), this restriction on initial development does not preclude consent being sought and granted over whole subzones. The progression to subsequent stages within any subzone will be assessed by the Council after the monitoring reports from three years or two growing cycles of the first stage at the full intensity of development allowed by the consent have been reviewed by the Ecological Advisory Group. Full intensity of development allowed by the consent means 50 hectares farmed at full intensity.

  • (d) The activity uses longline structures, incorporating surface buoys.

  • (e) Except where aquaculture activities have already commenced, no structures are placed in the water until baseline information to implement Schedule 25.1H has been provided to the Council.

Note: In circumstances where it is not possible or practicable to farm at full intensity (as per condition (c) of this Rule), parties wishing to progress beyond the first stage of development will need to apply to the consent authority to review the conditions of consent.

A resource consent is required. Consent may be refused or conditions imposed on the following matters over which the Council has reserved its discretion:

  • (1) Ecological matters effects, including

    • (a) Monitoring to ensure sustainable management of the marine environment at and in the vicinity of the site.

    • (b) Application of available monitoring information through consent conditions and review.

    • (c) Consistency with the ecological management plan for the subzone.

    • (d) Intensity of development.

    • (e) Further development of aquaculture in any subzone.

    • (f) In AMA 1 Waikato subzone (a) subzones (a) and (b), the size of the initial stage of development.

    • (g) Integration with ecological management plans that are relevant for other subzones in the same AMA.

    • (h) Managing risks of incursion, disease, biosecurity risk organisms, and genetic risk to wild stock.

    • (i) Managing effects of shell and live organism drop-off and production of faecal and pseudofaecal material.

  • (2) Degree of exclusive occupation if sought.

  • (3) Treaty values.

  • (4) Type, size and scale, location, layout, density, and integrity of structures.

  • (5) Natural character and amenity values, including visual and noise effects; except that for mussel farming, this matter is limited to natural character values at AMA 2 Puramakau, subzone (l): see Schedule 25.1I.

  • (6) Navigation, including the form of compliance with Maritime New Zealand guidelines for the marking and lighting of aquaculture structures.

  • (7) Duration of the permit.

  • (8) Financial contributions, bonds, administrative charges.

  • (9) Timing and purpose of reviews of any or all conditions.

In addition, the following standard conditions (to the extent that they are applicable) will be applied to any consent granted under this rule:

  • (a) Where any structure or part of a structure sinks, breaks free or otherwise causes a navigation hazard, steps are taken as soon as practicable to recover, secure, and make safe the structure. The consent holder, or site manager, whoever is first aware of the matter, is to notify the Council Harbourmaster of any such incident as soon as practicable on becoming aware of it.

  • (b) The consent holder removes from the site any structure or material that is superfluous to the activity, including any discarded equipment.

  • (c) The consent holder notifies Maritime New Zealand immediately prior to the placement of structures; and within 24 hours of the placement of structures notifies Land Information New Zealand, and the Council Harbourmaster.

  • (d) The whole or any part of the interest in the coastal permit for the activity may be transferred to any other party. The transferor remains responsible for compliance with the terms and conditions of the permit until written notice of the transfer is given to the Council.

  • (e) Except where aquaculture activities have already commenced, no structures are placed in the water until baseline information to implement Schedule 25.1H has been provided to the Council.

25.1.5EE Discretionary Activities (Aquaculture Involving Extractive Species)

The occupation and disturbance of any site in the coastal marine area by structures, and the use of those structures for:

  • (i) aquaculture involving filter feeding bivalves (including mussels), that does not comply with standard and term (d) of Rule 25.1.5DD; or

  • (ii) aquaculture involving other extractive species

is a discretionary activity if it complies with the following conditions:

  • (a) The activity occurs entirely within any of the following subzones:

    • (i) subzones (a) – (d) of AMA 1 Waikato;

    • (ii) subzones (l) – (q) of AMA 2 Puramakau;

    • (iii) subzones (i) – (l) of AMA 3 Te Kumara.

  • (b) No current consent exists for aquaculture involving additive species in that same subzone.

  • (c) Except in AMA 1 Waikato subzone (a), the activity is identified in a whole subzone ecological management plan an ecological management plan which has been prepared for the entire subzone and is submitted as part of the resource consent application. The ecological management plan must address the matters set out in Schedule 25.1H, including baseline information.

  • (d) Except in AMA 1 Waikato subzone (a), in any subzone a maximum of 50 hectares farmed at up to the full intensity allowed by the consent, or 75 hectares farmed at up to 67% of that intensity, is allowed as the first stage of development.

    For the avoidance of doubt, and notwithstanding Rule 25.1.5GG(c), this restriction on initial development does not preclude consent being sought and granted over whole subzones. The progression to subsequent stages within any subzone will be assessed by the Council after the monitoring reports from three years or two growing cycles of the first stage at the full intensity of development allowed by the consent have been reviewed by the Ecological Advisory Group.

  • (e) Except where aquaculture activities have already commenced, no structures are placed in the water until baseline information to implement Schedule 25.1H has been provided to the Council.

A resource consent is required. Consent may be refused, or conditions imposed. In considering applications and determining conditions, Council will have regard to the following matters as well as other provisions of the Plan and the Act.

  • (1) Ecological matters effects, including

    • (a) Monitoring to ensure sustainable management of the marine environment at and in the vicinity of the site.

    • (b) Application of available monitoring information through consent conditions and review.

    • (c) Consistency with the ecological management plan for the subzone.

    • (d) Effects of intensity of development.

    • (e) Further development of aquaculture in any subzone.

    • (f) In AMA 1 Waikato subzone (a), the size of the initial stage of development.

    • (g) Integration with ecological management plans that are relevant for other subzones in the same AMA.

    • (h) Managing risks of incursion, disease, biosecurity risk organisms, and genetic risk to wild stock.

    • (i) Managing effects of shell and live organism drop-off and production of faecal and pseudofaecal material.

  • (2) Degree of exclusive occupation if sought.

  • (3) Treaty values.

  • (4) Type, size and scale, location, layout, density, and integrity of structures.

  • (5) Natural character and amenity values, including visual and noise effects; except that for mussel farming, this matter is limited to natural character values at AMA 2 Puramakau subzone (l); see Schedule 25.1I.

  • (6) Navigation, including the form of compliance with Maritime New Zealand guidelines for the marking and lighting of aquaculture structures.

  • (7) Duration of the permit.

  • (8) Financial contributions, bonds, administrative charges.

  • (9) Timing and purpose of reviews of any or all conditions.

In addition, the following standard conditions (to the extent that they are applicable) will be applied to any consent granted under this rule:

  • (a) Where any structure or part of a structure sinks, breaks free or otherwise causes a navigation hazard, steps are taken as soon as practicable to recover, secure, and make safe the structure. The consent holder, or site manager, whoever is first aware of the matter, is to notify the Council Harbourmaster of any such incident as soon as practicable on becoming aware of it.

  • (b) The consent holder removes from the site any structure or material that is superfluous to the activity, including any discarded equipment.

  • (c) The consent holder notifies Maritime New Zealand immediately prior to the placement of structures; and within 24 hours of the placement of structures notifies Land Information New Zealand, and the Council Harbourmaster.

  • (d) The whole or any part of the interest in the coastal permit for the activity may be transferred to any other party. The transferor remains responsible for compliance with the terms and conditions of the permit until written notice of the transfer is given to the Council.

  • (e) Except where aquaculture activities have already commenced, no structures are placed in the water until baseline information to implement Schedule 25.1H has been provided to the Council.

Note after rule 25.1.5EE: omit.

Rule 25.1.5FF

First paragraph: omit standards and terms and substitute conditions.

Third paragraph in paragraph (b): insert Council after is to notify the.

Third paragraph in paragraph (d): omit the Duty Officer at the Maritime Safety Authority and substitute Maritime New Zealand.

Third paragraph in paragraph (d): omit the Nautical Adviser at.

Third paragraph: omit paragraph (e).

New rule 25.1.5FFA

Insert after rule 25.1.5FF:

25.1.5FFA Discretionary Activities (All Other Aquaculture)

The occupation and disturbance of any site in the coastal marine area by structures, and the use of those structures, for aquaculture involving additive species or both additive and extractive species is a discretionary activity if it complies with the following conditions:

  • (i) aquaculture involving additive species; or

  • (ii) aquaculture involving filter feeding bivalves (including mussels) that does not comply with condition (b) of Rule 25.1.5EE; or

  • (iii) aquaculture involving extractive species that does not comply with condition (b) of Rule 25.1.5EE

is a discretionary activity if it complies with the following conditions:

  • (a) The activity occurs entirely within one of the following subzones:

    • (i) subzones (a) – (d) of AMA 1 Waikato;

    • (ii) subzones (l) – (q) of AMA 2 Puramakau;

    • (iii) subzones (i) – (l) of AMA 3 Te Kumara

  • (b) With the exception of aquaculture activities in AMA 1 Waikato subzone (a), the activity is identified in a whole subzone ecological management plan an ecological management plan which has been prepared for the entire subzone and is submitted as part of the resource consent application. The ecological management plan must address the matters set out in Schedule 25.1HA, including baseline information, and must address the independent and cumulative effects of all aquaculture within the subzone.

  • (c) For aquaculture involving additive species in subzones other than AMA 1 Waikato subzone (a):

    Either

    • (i) the activity is the first stage of development in any subzone and the applicant holds an authorisation to apply for consent, issued by the Council pursuant to either Policy 22.1.10B(a) or Policy 22.1.10B(b); and

    • (ii) in any subzone the initial development of the first stage is no more than 10 hectares farmed at up to the full intensity allowed by the consents.

      For the avoidance of doubt, and notwithstanding Rule 25.1.5GG(c), this restriction on initial development does not preclude consent being sought and granted over the whole area for which an applicant holds an authorisation to apply for consent. The progression to full development of the first stage will be assessed by the Council after the monitoring reports for three years of the initial stage at the full intensity of development allowed by the consent have been reviewed by an Ecological Advisory Group.

    Or

    • (iii) the first stage of development has been completed and progression to subsequent stages is subject to a new consent application for which the consent applicant holds an authorisation to apply from the Council, issued pursuant to Policy 22.1.10B(d).

    • (i) the applicant holds an authorisation to apply for consent, issued by the Council pursuant to Policy 22.1.10C;

    • (ii) a maximum of 10 hectares is allowed as the first stage of development.

      For the avoidance of doubt, and notwithstanding Rule 25.1.5GG, this restriction on development does not preclude consent being sought and granted over the whole area for which an applicant holds an authorisation to apply for consent. The progression of development beyond 10 hectares will be assessed by the Council after the monitoring reports for three years of farming 10 hectares at the full intensity allowed by the consent have been reviewed by an Ecological Advisory Group.

  • (d) For aquaculture involving additive species in AMA 1 Waikato subzone (a):

    • (i) the applicant holds an authorisation to apply for consent, issued by the Council pursuant to Policy 22.1.10C;

    • (ii) the aggregate area authorised by all consents for aquaculture involving additive species within the subzone does not exceed 10 hectares as a first stage of development.

      For the avoidance of doubt, and notwithstanding Rule 25.1.5GG, this restriction on development does not preclude consent being sought and granted over the whole area for which an applicant holds an authorisation to apply for consent. The progression of development beyond the aggregate 10 hectares will be assessed by the Council after the monitoring reports for three years of farming 10 hectares at the full intensity allowed by the consent have been reviewed by an Ecological Advisory Group.

  • (de) For aquaculture involving extractive species in subzones other than AMA 1 Waikato subzone (a), in any subzone a maximum of 50 hectares farmed at up to the full intensity allowed by the consent, or 75 hectares farmed at up to 67% of that intensity, is allowed as the first stage of development.

    For the avoidance of doubt, and notwithstanding Rule 25.1.5GG(c), this restriction on initial development does not preclude consent being sought and granted over larger areas of subzones. The progression to subsequent stages within any subzone will be assessed by the Council after the monitoring reports from three years or two growing cycles of the first stage at the full intensity of development allowed by the consent have been reviewed by the Ecological Advisory Group.

  • (e) In AMA 1 Waikato subzone (a):

    • (i) the activity occurs on a site that has been farmed pursuant to a marine farm licence or coastal permit that existed on 25 May 1996, for which a new permit is sought; and

    • (ii) for the first stage of aquaculture involving additive species the aggregate area for initial development is no more than 10 hectares farmed at up to the full intensity allowed by the consents.

      For the avoidance of doubt, and notwithstanding Rule 25.1.5GG(c), this restriction on initial development does not preclude consent being sought and granted over the whole area for which an applicant holds an authorisation to apply for consent. Progression beyond the initial development will be assessed by the Council after the monitoring reports for three years have been reviewed by an Ecological Advisory Group.

    • (iii) for aquaculture involving additive species the applicant holds an authorisation to apply for consent, issued by the Council pursuant to either Policy 22.1.10B(a) or (d).

  • (f) No structures for aquaculture involving additive species are placed in the water until the information to implement Schedule 25.1HA has been provided to the Council.

  • (f) For aquaculture involving extractive species in AMA 1 Waikato subzone (a) the activity occurs on a site that has been farmed pursuant to a marine farm license or coastal permit that existed on 25 May 1996, for which a new permit is sought.

A resource consent is required. Consent may be refused, or conditions imposed. In considering applications and determining conditions, Council will have regard to the following matters as well as other provisions of the Plan and the Act.

  • (1) Ecological matters effects, including:

    • (a) water column and benthic effects resulting from the activity, in the vicinity of the site, throughout the subzone, and beyond the AMA.

    • (b) effects of structures on or above the surface of the water.

    • (c) cumulative effects of activities throughout the subzone, adjoining subzones and the wider environment.

    • (d) monitoring to ensure sustainable management of the marine environment.

    • (e) application of available monitoring information through consent conditions and review.

    • (f) consistency with the ecological management plan for the subzone.

    • (g) effects of intensity of development.

    • (h) further development of aquaculture in any subzone.

    • (i) managing risks of incursion, disease, biosecurity risk organisms, and genetic risk to wild stock.

    • (j) managing effects of shell and live organism drop-off, dead stock, and production of faecal and pseudofaecal material.

  • (2) Location of different aquaculture activities throughout the subzone, including separation distances.

  • (3) Type, size and scale, appearance, layout, density, and integrity of structures, including any accommodation and feed storage structures, plant and machinery.

  • (4) Staging of development.

  • (4) Any proposed staging of the first stage of development.

  • (5) Hydrodynamic effects.

  • (6) Natural character and amenity values, including visual and noise effects; except that for mussel farming, this matter is limited to natural character values at AMA 2 Puramakau subzone (l); see Schedule 25.1I.

  • (7) Degree of exclusive occupation if sought.

  • (8) Treaty values.

  • (9) Navigation, including the form of compliance with Maritime New Zealand guidelines for the marking and lighting of aquaculture structures.

  • (10) Duration of the permit.

  • (11) Financial contributions, bonds, administrative charges.

  • (12) Timing and purpose of reviews of any or all conditions.

In addition, the following standard conditions (to the extent that they are applicable) will be applied to any consent granted under this rule:

  • (a) Where any structure or part of a structure sinks, breaks free or otherwise causes a navigation hazard, steps are taken as soon as practicable to recover, secure, and make safe the structure. The consent holder, or site manager, whoever is first aware of the matter, is to notify the Council Harbourmaster of any such incident as soon as practicable on becoming aware of it.

  • (b) The consent holder removes from the site any structure or material that is superfluous to the activity, including any discarded equipment.

  • (c) The consent holder notifies Maritime New Zealand immediately prior to the placement of structures; and within 24 hours of the placement of structures notifies Land Information New Zealand, and the Council Harbourmaster.

  • (d) The whole or any part of the interest in the coastal permit for the activity may be transferred to any other party. The transferor remains responsible for compliance with the terms and conditions of the permit until written notice of the transfer is given to the Council.

  • (e) No structures for aquaculture involving additive species are placed in the water until the information to implement Schedule 25.1HA has been provided to the Council.

Rule 25.1.5GG

Omit and substitute:

25.1.5GG Prohibited Activities (Aquaculture other than Spat Catching)

The occupation and disturbance of any site in the coastal marine area by structures, and the use of those structures for aquaculture other than spat catching:

  • (a) in the Aquaculture Exclusion Area; except for mussel farming on the sites of the marine farm licenses and coastal permits that existed at Wainui Bay on 25 May 1996;

  • (b) on the following sites zoned for spat catching:

    • (i) subzones (a) – (k) in AMA 2 Puramakau; and

    • (ii) subzones (a) – (h) in AMA 3 Te Kumara;

  • (c) that does not comply with:

    • (i) conditions (a), (b), (c) and (e) of Rule 25.1.5DD; or

    • (ii) conditions (a), (c), (d) and (e) of Rule 25.1.5EE; or

    • (iii) Rule 25.1.5FF; or

    • (iv) Rule 25.1.5FFA;

is a prohibited activity for which no resource consent will be received or granted.

Aquaculture that would otherwise be a restricted discretionary activity or a discretionary activity, that does not comply with:

  • (a) conditions (a), (b), and/or (c) of Rule 25.1.5DD; or

  • (b) conditions (a), (c), and/or (d) of Rule 25.1.5EE; or

  • (c) Rule 25.1.5FF; or

  • (d) Rule 25.1.5FFA

is a prohibited activity for which no resource consent will be received or granted.

Note: Existing TRMP Rule 25.1.5B is a permitted activity rule for the deployment of structures for scientific investigation. This rule would permit control sites for monitoring effects of aquaculture outside the AMAs, without conflicting with prohibited activity Rule 25.1.5GG.

New heading and Rule 25.1.5HH

Insert after rule 25.1.5GG:

Aquaculture in the Aquaculture Exclusion Area
25.1.5HH Prohibited Activities (Aquaculture Exclusion Area)

The occupation and disturbance of any site in the coastal marine area by structures, and the use of those structures for aquaculture in the Aquaculture Exclusion Area (except for the sites of the marine farm licenses and coastal permits that existed at Wainui Bay on 25 May 1996) is a prohibited activity for which no resource consent application will be received or granted.

Chapter 25.1.9 Principal Reasons for Rules
  • Second paragraph: omit marine farming area and substitute marine farms area.

    Third paragraph: omit mussel farming, and the catching of mussel and scallop and substitute permanent farming activities, and the catching of.

    Insert after third paragraph:

    Previously, aquaculture involving permanent farming activities in Tasman and Golden Bays was restricted to farming of mussels. The rules for activities other than spat catching have now been amended by the Aquaculture Reform Bill 2010 to allow a wider variety of species to be farmed. However, as the principal uncertainty about aquaculture relates to the effects on marine ecology from activities over extensive areas of Tasman and Golden Bays, a cautious and adaptive approach has been adopted to permanent farming activities. The rules provide for the staged uptake of space within the AMAs that is dependent on results of monitoring effects of the activity prior to expansion. As filter feeding bivalves (as a subset of aquaculture species) are considered to have similar effects to mussels, the original mussel farming rules have been amended to allow farming of filter feeding bivalves as well. Other species that may be developed for aquaculture that do not require addition of material such as feed or therapeutants are provided for through a discretionary activity rule that requires staged development to be undertaken. For species such as, for example, finfish that require addition of material a more cautious approach has been adopted. A limited amount of space will be available for the first stage of development, and the right to apply for consents over this space will be tendered by Council. Subsequent development will be subject to a new consent application, with the Council having the ability to decline consent if monitoring has shown that expansion of this type of aquaculture is not sustainable.

    As there is uncertainty in relation to the effects on marine ecology of aquaculture activities over extensive areas of Tasman and Golden Bays a cautious and adaptive approach has generally been adopted. Spat catching in specific subzones is provided for on the basis that it is undertaken on a seasonal and rotational basis. For other aquaculture activities the rules provide for the staged uptake of space within the subzones dependent on the results of monitoring effects of the activities prior to expansion. The effects of mussel farming in the region are relatively well known and consequently mussel farming (and farming of other filter feeding bivalves – which are considered to have similar effects to mussels) has been provided with a specific restricted discretionary activity status. Aquaculture involving other extractive species that does not require the addition of material such as feed or therapeutants is provided for through a discretionary activity rule that requires staged development to be undertaken. For species such as, for example, finfish that require addition of material a more cautious approach has been adopted. A limited amount of space will be made available within the subzones through a tendering process to convert existing farms or establish new farms for aquaculture involving additive species. Within this space a limited first stage of development will be provided for, with progression to the full area available under the tender process being guided by the results of monitoring. Ecological Advisory Groups will be established to assist Council in assessing the significance of monitoring results as development proceeds.

    Fifth and sixth, sixth, seventh, and eighth paragraphs: omit.

    Eighth paragraph: omit.

Schedule 25.1H

Heading to Schedule 25.1H: add Involving Extractive Species after Activities.

Third paragraph: omit for mussel farming and substitute for aquaculture involving filter feeding bivalves (including mussels) and other extractive species.

Third paragraph: omit governing mussel farming and substitute governing the activity.

Fourth paragraph: omit for mussel farming.

Item relating to 1. Baseline Assessment and Monitoring in first paragraph: omit spat catching or marine farming.

Item relating to 1. Baseline Assessment and Monitoring in second paragraph: omit marine farming and substitute aquaculture.

Item relating to 2. Monitoring Sites: omit third paragraph and substitute:

Benthic monitoring should include sites directly beneath structures, and sites between structures (noting that, depending on the type of structure, the position of the structure may change with tide and sea conditions). Specific provisions may need to be made for benthic monitoring in relation to growing species such as seaweeds, sponges and sea cucumbers.

Applicants should ensure that an appropriately competent person in assessing the effects of these types of aquaculture species has identified suitable monitoring sites to enable assessment of the effects on benthic sites.

Item relating to 5. Reporting and Assessing Information in first paragraph: omit mussel.

New Schedule 25.1HA

Insert after Schedule 25.1H:

25.1HA Ecological Management Plans and Monitoring Requirements for Aquaculture Activities Involving Additive Species, or Aquaculture Activities Involving Additive and Extractive Species in the Same Subzone

Where aquaculture involving additive species is proposed to occur, or where aquaculture involving additive and extractive species in the same AMA subzone is proposed to occur, the activity is covered by activities are proposed to occur under Rule 25.1.5FFA, and the requirements for an ecological management plan differ from those outlined in Schedule 25.1H above in the type and level of detail required.

The purpose of an ecological management plan required under Rule 25.1.5FFA is to:

  • establish the level of information required for consent applications

  • outline how that information is to be gathered and presented to the Council

  • for aquaculture involving both additive and extractive species in the same AMA subzone, demonstrate to the Council how aquaculture on more than one site in an AMA a subzone and involving more than one species can be managed to avoid, remedy or mitigate adverse effects of the individual activity and its cumulative effects with any other aquaculture in the same subzone

  • establish a means of assessing effects of aquaculture involving additive or additive and extractive species, to inform development of successive stages and ongoing management of the activities through consent conditions.

Aquaculture involving additive species is not currently occurring in Tasman and information on effects and site suitability within the district is limited. Combinations of aquaculture involving additive and extractive species occur in both Marlborough and Southland, but in quite different environmental conditions. The onus will therefore fall on the applicant to provide a sufficient level of information to prove that adverse effects from aquaculture under Rule 25.1.5FFA can be avoided, remedied or mitigated to the satisfaction of the Council.

In the first instance, applicants should refer to Schedule 25.1H for the basic information that should be provided in an ecological management plan. Outlined below are additional matters that should be considered. Ecological management plans for aquaculture involving additive or additive and extractive species must be prepared by an appropriately competent person in marine ecology to identify the significance of any effects likely to result from the activity.

Applicants should also demonstrate how management of the proposed farm will be integrated with any existing ecological management plan for any other aquaculture in the same subzone, or for aquaculture in adjacent subzones in the same AMA.

1. Baseline Assessment and Monitoring

As for ecological management plans prepared under Schedule 25.1H, baseline information for aquaculture involving additive species should provide an indication of the existing conditions at the site, in the AMA subzone and at any control sites. This information is needed in order to assess changes likely to result from the establishment of aquaculture involving additive species.

Suitable intervals for repeat monitoring will need to be established and agreed with the Council, dependent on the species that is being grown and the technology used.

A baseline assessment of water and sediment quality and benthic communities will be particularly critical for aquaculture involving additive species in recognition of the potential effects of discharges of feed, therapeutants, waste material and contaminants from anti-fouling protection measures.

The baseline assessment will also need to assess any additional environmental parameters that could be affected by a combination of different types of aquaculture, as opposed to single species.

Refer to Schedule 25.1H for further requirements for baseline assessment and monitoring.

2. Monitoring Sites

At a minimum, the monitoring sites established at the baseline information stage should be as outlined in Schedule 25.1H. Benthic monitoring should include sites directly below the structures as well as within the wider affected area. Monitoring sites adjoining the aquaculture site should be located taking into account the depositional characteristics of and hydrodynamic effects on discharges of contaminants in order to ensure that the maximum area of effect is monitored.

The regional rules retain the possibility that more than one site for aquaculture activities may be able to establish within any AMA subzone, particularly where both additive and extractive species are being farmed in the same subzone. In these situations, control sites for monitoring will need to be located in areas with similar characteristics to the sites where aquaculture is proposed to occur, but beyond the influence of any sites within the same subzone and/or any adjoining subzones. Several types of monitoring sites will be necessary, including sites directly affected by each type of aquaculture, sites affected by a combination of types and locations of aquaculture, and control sites of similar characteristics but completely removed from any influence of aquaculture activities.

3. Monitoring Methods

In general the types of monitoring outlined in section 3 of Schedule 25.1H will also be suitable for monitoring of aquaculture involving additive species or additive and extractive species.

4. Parameters to be Monitored

The parameters to be monitored should include those listed in Schedule 25.1H. In addition, monitoring should be undertaken of:

  • levels of contaminants arising from feed, therapeutants and anti-fouling treatments

  • any other contaminants specific to aquaculture involving additive species

  • any contaminants and/or effects that arise as a result of interactions between different types of aquaculture.

5. Reporting and Assessing Information

Regional rules for aquaculture involving additive species require that progression beyond the first stage of development is subject to a new consent application. As part of the information provided with that application, an assessment of the results of monitoring from the first stage of development should be made, with recommendations for ongoing management of existing activities and/or development of successive stages.

An assessment of the results of monitoring from the first stage of development should be made prior to further development of farming within any subzone, with recommendations for ongoing management of existing activities and/or development of successive stages.

As for mussel farming or aquaculture involving extractive species, the assessment should compare monitoring results with the initial prediction of potential environmental effects provided with the application for the first stage of development, with the baseline information, with the conditions of the consent, and with any other available information about the state of the marine environment.

For a general outline of the requirements of an appropriate assessment, see Schedule 25.1H.

6. Integration of Information

As noted earlier, under Rule 25.1.5FFA more than one discrete site for aquaculture involving additive species may be able to be applied for within an AMA a subzone. Integration of information relating to different sites will allow the Council to assess both the individual effects of specific farming sites and the cumulative effects of multiple sites within subzones, adjoining subzones and surrounding coastal waters. This will ensure that the information gathered is relevant over a wide area, and that sufficient information is provided to enable decisions on subsequent applications to be made.

Schedule 25.1.J

Heading to Schedule 25.1.J: omit Group (EAG) – Mussel Farming and substitute Groups (EAG).

Item relating to Purpose in paragraph 1: omit mussel farming and substitute marine farming (excluding mussel and scallop spat catching).

Item relating to Purpose in paragraph 2 the first bullet point: omit of mussel farming.

Item relating to Purpose in paragraph 2 the second bullet point: omit on mussel farming.

Item relating to Purpose in paragraph 2 the third bullet point: omit mussel farm.

Item relating to Purpose in paragraph 2 the fourth bullet point: omit mussel farming and substitute marine farming.

Item relating to Composition in paragraph 1: omit The EAG and substitute An EAG.

Item relating to Composition in paragraph 1: add Separate EAGs may be established by the Council to provide assistance in relation to different types of aquaculture..

Item relating to Composition in paragraph 2: insert of an after The members.

Item relating to Composition in paragraph 2: insert in relation to the type of aquaculture being considered after marine ecology.

Item relating to Composition in paragraph 3 the first bullet point: omit Minister for Conservation, and substitute Minister of Aquaculture (within the meaning of the Resource Management Act 1991), Minister of Conservation,.

Item relating to Composition in paragraph 3 the second bullet point: omit the EAG, and substitute an EAG,.

Item relating to Composition in paragraph 3 the third bullet point: omit the panel and substitute any EAG.

Item relating to Operation in paragraph 1: omit The EAG and substitute An EAG for aquaculture involving filter feeding bivalves (including mussels) and/or other extractive species.

Item relating to Operation in paragraph 1: omit for mussel farming.

Item relating to Operation: insert after paragraph 1:

An EAG for aquaculture involving additive species or additive and extractive species within the same subzone is required when the holder of a consent wishes to expand the operation beyond the scale of the initial development limited by consent conditions, and then only when there are ecological monitoring results after the initial area of development has been farmed at the full intensity allowed by the consent conditions for a period of three years.

An EAG is also required to advise Council if any further development of aquaculture involving additive species under Policy 22.1.10B(d) is proposed.

Item relating to Operation in paragraph 2: omit The EAG and substitute An EAG.

Item relating to Operation in paragraph 3: omit the EAG's and substitute an EAG's.

Item relating to Operation in paragraph 3: insert or applicant’s after holder's.

Item relating to Operation in paragraph 4: omit the EAG and substitute an EAG.

Item relating to Operation in paragraph 4: insert , or when a consent application is received for subsequent development after the Council.

Item relating to Operation in paragraph 5: omit the EAG and substitute an EAG.

Item relating to Operation in paragraph 5: insert or consent applicant after consent-holder.

Item relating to Operation in paragraph 6: omit The EAG and substitute An EAG.

Item relating to Operation in paragraph 6: omit mussel farming, and substitute aquaculture activities in the subzone,.

Item relating to Operation in paragraph 6: omit the EAG's and substitute an EAG's.

New Schedule 25.1.JA

Insert after Schedule 25.1.J:

Schedule 25.1.JA Protocol for Tasman District Council Ecological Advisory Group (EAG) – Aquaculture Involving Extractive or Additive Species (excluding mussels)
Purpose
  • 1. To peer review consent-holder reports on the results of monitoring ecological effects of aquaculture involving extractive or additive species (excluding mussels) in subzones (a) – (d) of AMA 1 Waikato, (l) – (q) of AMA 2 Puramakau, and (i) – (l) of AMA 3 Te Kumara.

  • 2. After reviewing consent-holder monitoring reports, to advise the Council in relation to Council decisions on:

    • the adequacy and appropriateness of the monitoring;

    • whether consent conditions are delivering the intended ecological results; and if not, what matters need to be addressed in revised conditions;

    • the significance of any ecological effects detected by the monitoring;

    • the scale, intensity and timing at which aquaculture involving extractive or additive species (excluding mussels) in these subzones should continue, within the ecological parameters set by the Plan or the consent, or be modified after reviewing monitoring results.

Composition
  • 1. An EAG should consist of a working group of up to three members, to be appointed by Council from a panel of nominees. Separate EAGs may be established by the Council for each different species being farmed.

  • 2. The members of an EAG must have a relevant tertiary qualification and appropriate experience in marine ecology and/or the species being farmed.

  • 3. The members will be appointed by Council after:

    • each of following parties has nominated up to two candidates for inclusion on a panel of potential members: Ngati Tama ki Te Tau Ihu, Te Atiawa ki Te Tau Ihu, Ngati Rarua ki Te Tau Ihu, Minister of Aquaculture (within the meaning of the Resource Management Act 1991), Minister of Conservation, Friends of Nelson Haven and Tasman Bay, Friends of Golden Bay;

    • prior to nominating a candidate, the nominating party has established each candidate’s willingness to participate in an EAG, and confirmed with the Council that the candidate will provide advice to the Council from his or her professional expertise;

    • the Council has sought nominations for up to two candidates from appropriate industry representatives for the species that is being farmed;

  • 4. Membership of an EAG will be reviewed five years after its inauguration, or when any member withdraws from it.

Operation
  • 1. An EAG for aquaculture activities being undertaken subject to Rule 25.1.5DD or Rule 25.1.5EE is required when the holder of a consent for these species wishes to expand the operation beyond the scale of the first stage of development (limited by a consent condition to 50 or 75 hectares); and then only when there are ecological monitoring results after an area of 50 hectares has been farmed at the full intensity allowed by the consent conditions for three years or two growing cycles, whichever is the earliest.

  • 2. An EAG for aquaculture activities being undertaken subject to Rule 25.1.5FFA is required when the holder of a consent wishes to expand the operation beyond the scale of the first 10 hectares of development, and then only when there are ecological monitoring results after that area has been farmed at the full intensity allowed by the consent conditions for a period of three years.

  • 3. The Council will take an EAG’s advice into account in assessing the results of monitoring and in considering the consent holder’s proposals for development beyond the first stage outlined in the relevant rules.

  • 4. Advice from an EAG will be required when the consent holder requests a change to the consent condition restricting development or governing staged development, or when the Council reviews the condition. The monitoring results referred to in (1) and (2) above are a prerequisite for an application to change consent conditions or a review of consent conditions.

  • 5. The members of an EAG will be provided with copies of the ecological monitoring report submitted to Council by or on behalf of a consent holder and will have access to monitoring data on request.

  • 6. An EAG will provide a report to the Council on the implications of the monitoring results for the future development of the specific type of aquaculture that is being assessed and future monitoring obligations.

  • 7. EAG members will invoice Council for time and disbursements incurred in reviewing the monitoring reports and advising Council. Those costs will be passed on to the consent holder concerned, through section 36 monitoring charges.

Chapter 26.2.2

Heading to Chapter 26.2.2: omit Spat Catching and Mussel Farming and substitute Aquaculture.

First paragraph: omit spat catching and mussel farming and substitute aquaculture.

Paragraph (a)(iii): insert stocking after including.

Paragraph (a)(iii): insert and density after intensity.

Paragraph (d): insert and its vicinity after application area.

Paragraph (e)(i): add and/or enhancement after depletion.

Insert after paragraph (e)(i):

  • (ia) water quality, including effects specified in section 107 of the Act;.

Insert after paragraph (e)(iii):

  • (iv) the potential for incursion, predation, disease and genetic risk to wild stock;

  • (v) effects on natural character and amenity values;

  • (vi) effects of density of development;

  • (vii) hydrodynamic effects;

  • (viii) effects on navigation;

  • (viix) cumulative effects

Insert after paragraph (e):

  • (ea) Where accommodation for workers is proposed, the number of persons likely to be resident and methods of waste collection and disposal.

Paragraph (f): omit mussel farming and substitute the type of aquaculture.

Chapter 35

Second paragraph: omit marine farming and substitute aquaculture.

Item relating to Discharges to the Coastal Marine Area in second paragraph: omit marine farming with and substitute use of.

Policy 35.1.4A

Paragraph (c): add ; and and after insert:

  • (d) discharges of contaminants from aquaculture activities.

New Policy 35.1.5A

Insert after Policy 35.1.5:

35.1.5A
  • To ensure that adverse effects from the discharge of contaminants (including feed and therapeutants) from aquaculture activities on water and sediment quality, ecology, and the benthic environment are avoided, remedied or mitigated.

Policy 35.1.8

Omit To discourage and substitute Subject to Policy 35.1.8A, to discourage.

New Policy 35.1.8A

Insert after Policy 35.1.8:

35.1.8A
  • To ensure that adverse effects from the discharge of contaminants (including feed and therapeutants) from aquaculture activities on water and sediment quality, ecology, and the benthic environment are avoided, remedied or mitigated.

Chapter 35.1.30 Principal Reasons and Explanation
  • Fifth paragraph: insert and discharges arising from aquaculture activities after hazardous waste discharges.

New rule 36.2.7A

Insert above rule 36.2.8:

36.2.7A Discharges from Aquaculture

The discharge to coastal water of:

  • (a) feed;

  • (b) therapeutants;

  • (c) waste materials;

  • (d) contaminants arising from anti-fouling protection measures; or

  • (e) any other contaminant arising from the activity

is a discretionary activity.

A resource consent is required. Consent may be refused or conditions imposed.

Note: Effects of shell and live organism drop-off, faeces and pseudofaces are addressed under the rules for occupation of the coastal marine area for the purposes of aquaculture. For the purposes of this rule, this material is not considered to be a contaminant.

New section 2A in Schedule 36.1D

Insert after item relating to 2. Assessment Criteria for Discharges to Water:

2A. Assessment Criteria for Discharges from Aquaculture

Additional criteria:

  • (a) The type, volume, rate and frequency of discharge of any feed, therapeutants, and contaminants arising from anti-fouling protection measures.

  • (b) Persistence and potential bioaccumulation of discharged contaminants in the environment.

  • (c) Amount of nutrient inputs compared to nature and amount of waste material discharged as uneaten feed or faecal waste.

  • (d) Physical conditions, including hydrodynamics, at the proposed site and resultant effects on the dispersion of the discharge.

  • (e) Potential effects of the discharge, either by itself or in combination with any other discharge on aquatic life, and the benthic and wider ecological environment.

  • (f) The setting of limits on nitrogen and other contaminants.

  • (g) The effect of the discharge, after reasonable mixing, either by itself or in combination with any other discharge (including effects outlined in section 107 of the Act), on water quality and any water quality standards specified in any relevant water classification.

  • (h) The effect of the discharge on any other aquaculture activities in the same or adjoining AMA subzones.

  • (i) Mortality rates and proposed procedures for recovering and disposing of dead stock.

  • (j) Adoption of the best practicable option to prevent or minimise any actual or likely adverse effect on the environment of the discharge.

  • (k) Potential effects on amenity values, including production of scums and odour, reduction in water clarity and changes in colour.

Chapter 37.2.1

First paragraph: insert (with the exception of permits for discharges from aquaculture, which are covered under Chapter 37.2.1A) after discharge consent.

New Chapter 37.2.1A

Insert after Chapter 37.2.1:

37.2.1A Discharges from Aquaculture

Applicants for coastal permits for discharges from aquaculture must submit information on matters (a) to (j) (k) below.

  • (a) A description of the proposed activity, including:

    • (i) site identification (latitude and longitude), location of discharge, and the location of monitoring control sites;

    • (ii) species, method, structures and equipment;

    • (iii) site plan and development programme, including stocking intensity and density of structures placement;

    • (iv) type, volume, rate, and frequency of discharges of feed, therapeutants, contaminants arising from anti-fouling protection measures, and any other contaminant arising from aquaculture;

    • (v) composition and origin of feed and therapeutants.

  • (b) A description of the hydrodynamic and hydrographic properties of the site and in its vicinity, including:

    • (i) water depth;

    • (ii) current velocities, over at least one neap/spring tide cycle, and their ability to:

      •  replenish the site with nutrients;

      •  disperse material released by the aquaculture activity;

    • (iii) temperature;

    • (iv) salinity;

    • (v) density;

    • (vi) stratification of any of the above parameters;

    • (vii) general water quality, including the influence of rivers and discharges from land;

    • (viii) wind and wave conditions.

  • (c) A description of the benthic environment and variability within the application area and at monitoring control sites, including:

    • (i) substrate characteristics:

      •  physico-chemical characteristics;

      •  sediment size, type, and variability;

      •  whether it is typical, unusual, or rare.

    • (ii) epifauna and infauna:

      •  distribution and relative abundance of species;

      •  dominant or characteristic species;

      •  vulnerable species, or species under stress;

      •  species of particular ecological value.

  • (d) A description of effects of the activity, including:

    • (i) on water and sediment quality (including effects outlined in section 107 of the Act);

    • (ii) from the interaction between or combinations of discharges of feed, therapeutants, contaminants arising from anti-fouling protection measures and/or other contaminants;

    • (iii) persistence and potential bioaccumulation of contaminants;

    • (iiiiv) deposition of material onto the seabed;

    • (iv) on habitat and species;

    • (vi) on natural character and amenity values;

    • (vii) on other aquaculture activities in the same or adjoining subzones;

    • (viii) cumulative effects;

    and including an assessment of the mixing zone and an assessment of the extent to which effects are likely to occur beyond the application site.

  • (e) A description of a monitoring and review process appropriate to the discharge from aquaculture and to the nature of the site, taking into account any prior use of the site for aquaculture activities.

  • (f) An analysis of the best practicable option for preventing or minimising any actual or potential effect of the discharge on the environment.

  • (g) A description of the ways in which the activity will affect Treaty values.

  • (h) Details of any management plan for the operation and maintenance of the discharge including any waste treatment and disposal systems.

  • (i) The proximity of the discharge to any other contaminant discharges in the vicinity affecting the same receiving environment.

  • (j) A description of any possible changes to the nature, volume or rate of the discharge that might result from failure or breakdown of equipment, accidental spill or discharge, natural hazards, and the contingency measures that have been developed to deal with such situations.

  • (k) Details of expected mortality rates and proposed procedures for recovering and disposing of dead stock.

Planning Maps

Special Maps Legend the item relating to Part III – Coastal Marine Area in the first column: omit Mussel Farming and Mussel Spat Catching and substitute Marine Farming and Spat Catching.


Schedule 3
Amendments to Waikato regional coastal plan

s 101

Chapter 6

Second and third paragraphs: omit and substitute:

Marine farming has an established history in the Waikato Region, having been undertaken since the late 1960s. The majority of marine farms are currently found off the West Coast of the Coromandel Peninsula, offshore between Wilsons Bay and Papaaroha, because of the favourable climate and water temperatures, high water quality, nutrient availability and a number of sheltered areas.

The cultivation of marine species uses a variety of different types of structures, including suspended culture from rafts, longlines, sea-cages, inter-tidal racks and bottom sea culture. New forms of technology are continually being explored to increase farming efficiency and capability and to reduce environmental impacts. At present, the two major types of marine farming within the Waikato Region are conventional mussel longlines and inter-tidal oyster rack farms. However, there is demand for other types of marine farming that have previously not been allowed under the rules of the RCP. The RCP needs to be sufficiently flexible in order to accommodate new farming technology, while ensuring the adverse effects of all types of marine farming are adequately addressed.

Conventional longline mussel farms and other sub-tidal farming, such as for finfish, usually require permanent and relatively deep water in order to achieve optimum growth. Oyster farms are generally established within inter-tidal areas on conventional rack structures. While the majority of the existing longlines in Waikato are currently used for growing mussels, technology improvements have meant that different marine species, e.g. oysters, scallops, seaweed and sponges can also be grown on the same longline structures, with little change in the environmental effects produced. New types of aquaculture structures may have different environmental effects that will need to be avoided, remedied or mitigated.

Fifth paragraph in the second bullet point: insert , uneaten feed, after shell.

Fifth paragraph in the sixth bullet point: insert , effects on sediment quality after farms.

Fifth paragraph after the sixth bullet point: insert:

  • entanglement of marine mammals and birds with structures.

Eighth paragraph: to omit this paragraph and substitute the following paragraph:

Most of the western Coromandel Peninsula coastline has been closed to new marine farm applications since the early 1980s by Gazette notices issued under the Marine Farming Act 1971. Therefore, there are currently a limited number of marine farms established along this coast. However, demand for space for new marine farming development is high, particularly offshore from the Wilson Bay area, and changing species could allow for higher value use of existing space. Demand for new space and for farming of different species and could potentially continue into the future. The careful allocation and management of space for marine farming will be critical to achieving sustainable management of the natural and physical resources of the CMA.

Fourteenth paragraph: omit.

New Policies 6.1.1A to 6.1.1C

Insert after Policy 6.1.1:

6.1.1A Policy—Diversification of Aquaculture in the Region

Provide for the diversification of marine farming and the use of multi-trophic farming systems in a way that:

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

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

  • (c) avoids, as far as practicable, adverse effects on water and sediment quality, indigenous biodiversity, coastal processes, landscape and natural character, and amenity values. Where complete avoidance is not practicable, adverse effects shall be remedied or mitigated; and

  • (d) avoids adverse effects on areas of ecological significance.

Explanation and Principal Reasons for Adopting: Sustaining the life supporting capacity of Tikapa Moana, the Hauraki Gulf, is a matter of national importance and is required to achieve the purposes of the Resource Management Act (1991) and the Hauraki Gulf Marine Park Act (2000). The life supporting capacity of Tikapa Moana includes its ability to provide for social, cultural, spiritual and economic needs. Diversification of aquaculture must also be undertaken in a way that gives effect to the New Zealand Coastal Policy Statement 2010.

Diversification will increase the flexibility and resilience of the industry. In addition, some marine farming systems involve multiple species grown together, which may offset their individual environmental effects. Diversification can reduce the risk of farm failure. Failure can occur through adverse seasonal and climatic effects, attack from diseases and pests, and economic factors such as competition and collapse of markets. Such failures would have significant economic and social impacts on the community.

The aquaculture industry in the Waikato region is dominated by mussel farming with oyster farming also making a major contribution. There is potential for many other species, including fish, seaweeds, sponges and other shellfish, to be farmed. In addition, some marine farming systems involve multiple species grown together, which may offset their individual environmental effects. New types of marine farming should be compatible with existing farms and not have adverse effects on them.

The potential for and severity of adverse effects due to marine farming depends on the scale, type and intensity of the farming, and the nature of the environment within which it operates. Limits will be placed on the area that can be used for different types of farming.

Ecologically significant areas will be protected including, but not limited to, sites such as the Ramsar inter-tidal wetland in the southern Firth of Thames. While Rule 16.5.7 prohibits marine farming within the Ramsar site, further protection is required to protect the site from potential off-site impacts, such as nutrient discharges from fed aquaculture. The Firth of Thames as a whole will be subject to limits on the scale of fed aquaculture. Applications to carry out marine farming in areas that meet the criteria for significance in the Regional Policy Statement (Appendix 3) will be declined unless the applicant can demonstrate that adverse effects on the ecological values of the area will be no more than minor.

6.1.1B Policy—Limit on Fed Aquaculture within the Firth of Thames

To limit the discharge of nitrogen from fed aquaculture within the Firth of Thames to a maximum of 300 tonnes of nitrogen per year.

Manage fed aquaculture within the Firth of Thames by:

  • (i) limiting the total net discharge of nitrogen to a maximum of 300 tonnes of nitrogen per year

  • (ii) restricting fed aquaculture to Area C of the Wilsons Bay Zone and giving preference to the use of this area for fed aquaculture.

Explanation and Principal Reasons for Adopting: In keeping with the precautionary approach established by Policies 6.1.1 and 6.1.4, and Policy 6.1.1 the guidance provided by Policy 6.1.1A, and the requirements of Policy 6.1.4, new types of aquaculture that involve the discharge of feed nitrogen into the coastal marine area will only be able to occur on a limited scale in the semi-enclosed waters of the Firth of Thames.

Existing marine Marine farms outside the Firth of Thames are not subject to this limit these limits and may apply for consent to carry out new types of aquaculture (including fed aquaculture such as fish farming where water depth is sufficient). These sites will be subject to assessment on their merits guided by the assessment criteria in Rules 16.5.5B and 16.5.5C.

6.1.1C Policy—Extensions to Marine Farms

Where assessment shows that the adverse effects of an existing authorised marine farm are not significant, provide for small extensions that:

  • (a) avoid adverse effects on areas of ecological significance;

  • (b) maintain access to the shoreline from the coastal marine area;

  • (c) maintain navigational safety and recreational values;

  • (d) maintain natural character and amenity values.

Explanation and Principal Reasons for Adopting: Outside the Wilsons Bay Marine Farming Zone there are a number of small marine farms. Small extensions to these farms will allow further development of the marine farming industry in the region, while ensuring that adverse effects can be managed. Policy 6.1.1C, in conjunction with Policy 6.1.1, provides guidance on matters that will be considered when a proposal to extend an existing a marine farm is assessed. Where the adverse effects of an existing a marine farm are significant, a consent application for an extension is likely to be declined. Policy 6.1.1C is implemented through Rule 16.5.5A which relates to applications to extend marine farms with the exception of inter-tidal oyster farms. Extensions to inter-tidal oyster farms (or new farms) will be addressed under Rule 16.5.5.

Policy 6.1.4

Insert after paragraph (i):

  • (ia) using tendering to allocate the right to apply for the discharge of nitrogen from fed aquaculture in the Firth of Thames; and.

Paragraphs (i) and (ii): omit and substitute:

  • (i) in accordance with Policy 6.1.1B, using tendering to allocate space in Area C of the Wilsons Bay Marine Farming Zone (as identified in Map 11 in Appendix III)

  • (ii) using tendering to allocate any space for which consents have lapsed; and

  • (iii) requiring the Wilson Bay marine farming zone (as identified in Map 11 and Schedule 6 in Appendix III) to be significantly developed before Council initiates or adopts a request for any change to the Plan which provides for further development elsewhere.

Omit the second paragraph and substitute the following paragraphs:

Consistent with Policy 6.1.1B, a limited amount of fed aquaculture will be provided for in the Firth of Thames. While the removal of the requirement for aquaculture management areas through the Aquaculture Reform Bill 2010 has removed the need to tender space for aquaculture, in order to manage demand for fed aquaculture within environmental limits the right to apply for a discharge permit for fed aquaculture within the Firth of Thames will continue to be allocated by a tender process. For conversion of existing farms, the tender is likely to be restricted to existing consent holders or consent applicants, as they hold the existing permits to occupy the space. If any new space is created in the Wilsons Bay Zone by the Council in the future, and the nitrogen limit set by Policy 6.1.1B has not been exceeded, public tendering of the right to apply for discharge permits is likely to be undertaken. Tendering the right to apply for discharge consents will provide a more efficient method of managing demand for development than first-in first-served under the RMA.

Apart from small extensions to marine farms outside the Wilsons Bay Zone and development of further inter-tidal oyster farms, further development of marine farming in the coastal marine area will be considered through a change to the Plan. This ensures that any future marine farm development is the subject of wide public consultation. Where farming does not occur in any area that has been allocated for marine farming, coastal tendering (provided for in s 165E of the RMA) will be used as a method to efficiently allocate the undeveloped space. This Policy therefore promotes the sustainable management of coastal resources within the CMA (s 5 RMA), and provides for the efficient use and development of coastal resources (s 7(b) RMA), throughout the Region.

Explanation and Principal Reasons for Adopting: The western coast of the Coromandel Peninsula is subject to a high demand for space for marine farming, and there is limited suitable space available for marine farming in other parts of the Region. To avoid the adverse effects of marine farms on the coastal environment as far as possible, sporadic developments will be avoided and the appropriate use of any space allocated for marine farming will be encouraged. Thus, on the western coast of the Coromandel Peninsula, a marine farming zone has been identified (known as the Wilsons Bay Zone, refer Map 11 and in Schedule 6 in Appendix III) within which marine farms will be located. Development will be required to progress significantly in the zone before further development on the western coast of the Coromandel Peninsula will be considered.

Tendering (under subpart 1, Part 7A of the RMA) will be used as a method to efficiently allocate space for marine farming in Area C of the Wilsons Bay Zone. In accordance with Policy 6.1.1B, in Area C of the Wilsons Bay Zone preference will be given to fed aquaculture in allocating the space. Tendering will also be used if, for any reason, a consent for an authorised marine farm lapses.

Policy 6.1.4 therefore promotes the sustainable management of coastal resources within the CMA including providing for the efficient use and development of coastal resources (s7(b) RMA), throughout the Region.

New heading above Rule 16.5.4

Insert above Rule 16.5.4:

Marine Farming within Wilsons Bay Zone.

Heading to Rule 16.5.4 omit within the Marine Farming Zone and substitute in Wilsons Bay Zone Areas A and B.

Omit first paragraph and substitute:

The erection, placement, use of, or occupation of space by any conventional longline marine farming structure and associated discharges to water and air, and disturbance of and deposition on seabed, in Area A or Area B of the marine farming zone as shown on Map 11 in Appendix III of the Plan, for the purpose of marine farming, is a controlled activity provided it complies with the standards and terms stated in this Rule.

First paragraph relating to Principal Reasons for Adopting: omit currently.

First paragraph relating to Principal Reasons for Adopting: omit , and is aligned to the current areas approved for marine farming in the Wilson Bay area.

Item relating to Advisory Notes in fifth bullet point: omit Aquaculture can only occur within an Aquaculture Management Area described in the Regional Coastal Plan..

New Rules 16.5.4A to 16.5.4C

Insert after Rule 16.5.4:

16.5.4A Other Marine Farm Structures in Wilsons Bay Zone Areas A and B (Discretionary Activity)

The erection, placement, use of, or occupation of space by any marine farming structure (excluding conventional longlines) and associated discharges to water and air, and disturbance of and deposition on the seabed, in Area A or Area B of the marine farming zone as shown on Map 11 in Appendix III of the Plan, for the purpose of marine farming, is a discretionary activity provided it complies with the standards and terms stated in this Rule.

Standards and Terms
  • i) The activity occurs within an authorised marine farm.

  • ii) No fed aquaculture shall occur, and no medicinal compounds shall be added to the water.

  • iii) The applicant shall submit as part of the resource consent application a baseline survey and a proposed monitoring programme that addresses the matters set out in Appendix IA of this Plan.

Assessment Criteria

In assessing any application, regard shall be had to:

  • i) the Decision-Making Criteria and Considerations which are set out in Appendix II of this Plan, and which are relevant to this activity;

  • ii) the potential for genetic effects on the wild population as a result of the presence of the farmed stock;

  • iii) the potential for parasites and/or diseases to be introduced and their potential transmission between farmed stock and wild populations;

  • iv) the extent to which the activity will adversely affect any conservation value within the ASCV areas as marked on the maps in Appendix III and described in Appendix IV of this Plan or affect indigenous biodiversity, including any area of significant indigenous vegetation or significant habitat of indigenous fauna;

  • v) the adequacy of the proposed environmental monitoring programme, marine mammal and bird interaction management plan, and disease management plan (as per the Information Requirements set out in Appendix I); and

  • vi) the adequacy of any development plan, including proposals for staged development.

Conditions will be imposed in respect of, but not limited to, the following matters:
  • i) integrity of the structure and associated anchoring and mooring systems;

  • ii) navigation lighting, buoyage and beaconage requirements;

  • iii) provision of written notice to Land Information New Zealand and Maritime New Zealand;

  • iv) provision of bonds or other suitable security in favour of Waikato Regional Council in respect of the likely costs of removal of the structure;

  • v) removal of the structure on expiry of the consent (if no further consent has been applied for or granted);

  • vi) provision of information to the Waikato Regional Council with respect to the final location of the structure;

  • vii) environmental monitoring to be undertaken sufficient to demonstrate the environmental effects associated with the use of the structure;

  • viii) reporting of stock escapes, measures taken to recapture escaped stock, and prevention of further escapes;

  • ix) reporting of pest or disease outbreaks and measures taken to control them;

  • x) reporting of interactions with or entanglements of marine mammals, and seabird mortalities;

  • xi) location of landing, loading and unloading activities associated with the operation of the marine farm; and

  • xii) timing and purpose of reviews of any or all conditions in accordance with Section 128 of the Resource Management Act 1991.

Principal Reasons for Adopting

Rule 16.5.4A provides for the establishment of new types of aquaculture in Areas A and B of the Wilsons Bay Zone, provided that it occurs on authorised farms and that no fed aquaculture occurs. By allowing consent applications for structures other than conventional longlines the Council can provide for diversification of marine farming within the Wilsons Bay Zone, consistent with Policy 6.1.1A.

Advisory Notes:
  •  Any person carrying out aquaculture activities must register with the Ministry of Fisheries.

  •  In addition to any reporting requirements imposed as a condition of consent, other legislation such as the Marine Mammals Protection Act 1978 and Biosecurity Act 1993 may require the consent holder to notify other agencies in specified circumstances.

16.5.4B Marine Farming in Wilsons Bay Zone Area C (Discretionary Activity)

The erection, placement, use of, or occupation of space by any marine farming structure and associated discharges to water and air (but excluding the discharge of feed and medicinal or therapeutic compounds), and disturbance of and deposition on the seabed, in Area C of the marine farming zone as shown on Map 11 in Appendix III of the Plan, for the purpose of marine farming, is a discretionary activity provided it complies with the standards and terms stated in this Rule.

NB: Discharges of feed, medicinal or therapeutic compounds require a separate consent under Rule 16.5.4C.

Standards and Terms
  • i) The consent applicant holds an authorisation to apply for a coastal permit to occupy space within Area C of the Wilsons Bay Zone, issued by the Waikato Regional Council pursuant to Policy 6.1.4(i).

  • ii) The applicant shall submit as part of the resource consent application a baseline survey and a proposed monitoring programme that addresses the matters set out in Appendix IA of this Plan.

Assessment Criteria

In assessing any application, regard shall be had to:

  • i) the Decision-Making Criteria and Considerations which are set out in Appendix II of this Plan, and which are relevant to this activity;

  • ii) the potential for genetic effects on the wild population resulting from escapees and/or interbreeding;

  • iii) the potential for parasites and/or diseases to be introduced and their potential transmission between farmed stock and wild populations;

  • iv) the extent to which the activity will adversely affect any conservation value within the ASCV areas as marked on the maps in Appendix III and described in Appendix IV of this Plan or affect indigenous biodiversity, including any area of significant indigenous vegetation or significant habitat of indigenous fauna; and

  • v) the adequacy of the proposed environmental monitoring programme, marine mammal and bird interaction management plan, and disease management plan (as per the Information Requirements set out in Appendix I); and

  • vi) the adequacy of any development plan, including proposals for staged development.

Conditions will be imposed in respect of, but not limited to, the following matters:
  • i) integrity of the structure and associated anchoring and mooring systems;

  • ii) navigation lighting, buoyage and beaconage requirements;

  • iii) provision of written notice to Land Information New Zealand and Maritime New Zealand;

  • iv) provision of bonds or other suitable security in favour of Waikato Regional Council in respect of the likely costs of removal of the structure;

  • v) removal of the structure on expiry of the consent (if no further consent has been applied for or granted);

  • vi) provision of information to the Waikato Regional Council with respect to the final location of the structure;

  • vii) environmental monitoring to be undertaken sufficient to demonstrate the environmental effects associated with the use of the structure;

  • viii) reporting of stock escapes, measures taken to recapture escaped stock, and prevention of further escapes;

  • ix) reporting of pest or disease outbreaks and measures taken to control them;

  • x) reporting of interactions with or entanglements of marine mammals, and seabird mortalities;

  • xi) location of landing, loading and unloading activities associated with the operation of the marine farm; and

  • xii) timing and purpose of reviews of any or all conditions in accordance with Section 128 of the Resource Management Act 1991.

Principal Reasons for Adopting

Rule 16.5.4B provides for the establishment of aquaculture within Area C of the Wilsons Bay Zone. In accordance with Policy 6.1.4(i), tendering will be used to allocate space within Area C of the Wilsons Bay Zone, and it is therefore a requirement that consent applicants under Rule 16.5.4B hold an authorisation to apply for a coastal permit to occupy space.

16.5.4C Discharge of Feed, Medicines and Therapeutic Compounds Associated with Marine Farming in Area C of Wilsons Bay Zone (Discretionary Activity)

The discharge of any feed, medicine or therapeutic compound into the CMA associated with marine farming activities in Area C of the marine farming zone as shown on Map 11 in Appendix III of the Plan is a discretionary activity provided it complies with the standards and terms stated in this Rule.

Standards and Terms
  • i) The total net discharge of nitrogen authorised by all consents (including any current application if granted) shall not exceed 300 tonnes per year.

  • ii) The consent applicant holds an authorisation to apply for a coastal permit to occupy space within Area C of the Wilsons Bay Zone under Rule 16.5.4B, issued by the Waikato Regional Council pursuant to Policy 6.1.4(i).

  • iii) Fed aquaculture shall only be located at sites where there is a minimum water depth of 20 metres (relative to chart datum) at all parts of the site.

  • iv) The applicant shall submit as part of the resource consent application a baseline survey and a proposed monitoring programme that must address the matters set out in Appendix IA of this Plan.

Assessment Criteria

In assessing any application, regard shall be had to:

  • i) the Decision-Making Criteria and Considerations which are set out in Appendix II of this Plan, and which are relevant to this activity;

  • ii) the flushing characteristics of the site (including water depth, residual currents and clearance between the structures and the seafloor);

  • iii) the extent to which the activity will adversely affect any conservation value within the ASCV areas as marked on the maps in Appendix III and described in Appendix IV of this Plan or affect indigenous biodiversity, including any area of significant indigenous vegetation or significant habitat of indigenous fauna;

  • iv) the extent to which the discharge (either by itself or in combination with other discharges) will or is likely to result in any adverse effects (including bio-accumulative effects) on flora, fauna, kaimoana or on any other marine farms;

  • v) the adequacy of the proposed environmental monitoring programme; and

  • vi) the adequacy of any development plan including proposals for staged development.

Conditions will be imposed in respect of, but not limited, to the following matters:
  • i) environmental monitoring to be undertaken;

  • ii) reporting of the quantities of feed discharged into the coastal marine area and its nutrient content, addition of stock, stock harvesting, and removal of stock mortalities from the farm area;

  • iii) reporting of the timing, types, quantity and method of discharge of medicinal and therapeutic compounds into the coastal marine area; and

  • iv) timing and purpose of reviews of any or all conditions in accordance with section 128 of the Resource Management Act 1991.

Principal reasons for adopting

Several types of marine farming involve feeding of the stock and may require the use of medicines to manage pests and diseases. The discharge of such compounds raises additional matters that require assessment at the consenting stage.

Consistent with Policy 6.1.1B marine farming involving the feeding of stock and/or the discharge of any medicine or therapeutic compound within the Wilsons Bay Zone and the Firth of Thames will be restricted in order to ensure that effects on nutrient levels within this semi-enclosed body of water are minimised. Rule 16.5.4C applies to marine farming within the Wilsons Bay Zone1 only. Rule 16.5.5C applies to any other marine farming that occurs within the Firth of Thames.

Intensive marine farming is susceptible to the transmission of pests and diseases from wild populations. As well as affecting production, this can have animal health and welfare implications for the farm stock and act as a reservoir for the re-infection of the wild population. If the infection cannot be managed by active husbandry techniques, such as rotating stock and fallowing sites, it may be appropriate to treat the farmed animals with medicines and other therapeutic compounds. The potential environmental effects of the treatment and potential impacts on neighbouring marine farms will require assessment.

Advisory Note:
  •  Any medicine or therapeutic compound must have been approved for use under the Agricultural Compounds and Veterinary Medicines Act 1997.

New heading above Rule 16.5.5

Insert above rule 16.5.5:

Marine Farming Activities outside the Wilsons Bay Zone
New Rules 16.5.5A to 16.5.5C

Insert after Rule 16.5.5:

16.5.5A Extensions of Marine Farms (Discretionary Activity)

The erection, placement, use of, and occupation of space associated with the extension of any marine farming structure and/or area of the CMA occupied by a marine farm (excluding conventional inter-tidal oyster farming rack structures), and any associated discharges to water and air (but excluding the discharge of feed and medicinal or therapeutic compounds), and disturbance of and deposition on seabed, for the purpose of marine farming, is a discretionary activity provided it complies with the standards and terms stated in this Rule.

NB: This Rule does not authorise the discharge of any feed, medicinal or therapeutic compounds. These require a separate consent under Rule 16.5.5C.

Standards and Terms
  • i) The marine farming structure is not located in the Wilsons Bay Marine Farming Zone as shown on Map 11 in Appendix III of the Plan.

  • ii) The extension is proposed to be undertaken by the consent holder for the marine farm that is proposed to be extended.

  • iii) The extension adds no more than one hectare or 10 percent to the authorised area of the marine farm that is proposed to be extended, whichever is the greater.

  • iv) The marine farm has not been granted consent to extend in the previous five years.

  • (v) Either:

    • (a) The area subject to application is not a previous extension of a marine farm; or

    • (b) If the area is a previous extension, a period of 5 years has elapsed since the consent for the extension was first granted.

  • vi) The extension is contiguous with the marine farm that is proposed to be extended.

  • vii) The applicant shall submit as part of the resource consent application a baseline survey and a proposed monitoring programme that addresses the matters set out in Appendix IA of this Plan.

  • viii) A separation distance of at least 50 metres is maintained between the extension and any other marine farm, and of at least 50 metres between the extension and mean low water.

Assessment Criteria

In assessing any application, regard shall be had to:

  • i) the structure shall not be located in any area identified by the tangata whenua as waahi tapu;

  • ii) the decision-making criteria listed in Appendix II that are relevant to this activity;

  • iii) the extent of compliance with the conditions of the existing consent for the marine farm;

  • iv) the layout of the proposed extension;

  • v) the potential effects of the extension on hydrodynamics, water quality, benthic characteristics, and ecology and compared to the existing authorised marine farming site;

  • vi) the extent to which the activity will adversely affect any conservation value within the ASCV areas as marked on the ASCV Maps in Appendix III and described in Appendix IV of this Plan or indigenous biodiversity, including any areas of significant indigenous vegetation or significant habitat of indigenous fauna;

  • vii) separation distances;

  • viii) the cumulative adverse effects potential cumulative effects resulting from granting the extension may have on the coastal environment; and

  • ix) the adequacy of the proposed environmental monitoring programme.

Conditions will be imposed in respect of, but not limited, to the following matters:
  • i) integrity of the structure and associated anchoring and mooring systems;

  • ii) navigation lighting, buoyage and beaconage requirements;

  • iii) provision of written notice to Land Information New Zealand and Maritime New Zealand;

  • iv) provision of bonds or other suitable security in favour of Waikato Regional Council in respect of the likely costs of removal of the structure;

  • v) removal of the structure on expiry of the consent (if no further consent has been applied for or granted);

  • vi) provision of information to the Waikato Regional Council with respect to the final location of the structure;

  • vii) environmental monitoring to be undertaken sufficient to demonstrate the environmental effects associated with the use of the structure;

  • viii) the expiry date, including desirability of alignment with the expiry date of the existing consent for the authorised marine farm; and

  • ix) timing and purpose of reviews of any or all conditions in accordance with Section 128 of the Resource Management Act 1991.

Principal Reasons for Adopting: This rule provides for small extensions of marine farms where adverse effects can be appropriately avoided, remedied or mitigated. Conventional intertidal oyster farms are excluded from the rule as Rule 16.5.5 provides for both new farms and extensions of existing farms.

Small extensions are defined as an addition of 1 hectare or 10 percent of the size of the marine farm that is proposed to be extended. Applications for extensions are only able to be made every five years in order to further limit the potential for adverse effects on the environment. In order to keep effects within a relatively limited area, extensions must also be contiguous with the existing authorised area of the farm.

As many of the farms were developed prior to RMA requirements, before a farm can extend information is required on the existing effects of marine farming on the surrounding area. Where existing effects are significant, consent for any extension may be declined.

For the avoidance of doubt, when consents granted under this rule expire, replacement consents are to be sought under Rule 16.5.5B.

16.5.5B All Other Marine Farm Farming Structures (Discretionary Activity)

The erection, placement, use of, and occupation of space by any marine farming structure not provided for by Rules 16.5.1 – 16.5.5A, and any associated discharges to water and air (but excluding the discharge of feed and medicinal or therapeutic compounds), and disturbance of and deposition on the seabed, for the purpose of marine farming, is a discretionary activity provided it complies with the standards and terms stated in this Rule.

NB: Discharges of feed, medicinal or therapeutic compounds require a separate consent under Rule 16.5.5C.

Standards and Terms
  • i) The activity is not provided for by Rules 16.5.1, 16.5.2, 16.5.3, 16.5.4, 16.5.5 or 16.5.5A.

  • ii) Outside the Firth of Thames, the activity occurs within an authorised marine farm.

  • iii) Within the Firth of Thames, either:

    • (a) the activity occurs within an authorised marine farm; or

    • (b) the activity occurs within the Wilsons Bay Marine Farming Zone;

  • iiia) Within the Firth of Thames, for activities associated with fed aquaculture, the consent applicant holds an authorisation from the Waikato Regional Council to apply for a discharge permit under Rule 16.5.5C.

  • iv) The applicant shall submit as part of the resource consent application a baseline survey and a proposed monitoring programme that addresses the matters set out in Appendix IA of this Plan.

  • i) The activity is not located in the Wilsons Bay Marine Farming Zone as shown on Map 11 in Appendix III of the Plan.

  • ii) The activity occurs within an authorised marine farm.

  • iii) Fed aquaculture within the Firth of Thames shall only be located at sites where there is a minimum water depth of 20 metres (relative to chart datum) at all parts of the site.

  • iv) Fed aquaculture outside the Firth of Thames shall only be located at sites where:

    • (a) For finfish, there is a minimum water depth of 20 metres (relative to chart datum) at all parts of the site;

    • (b) For all other fed aquaculture species, there is a minimum water depth of 10 metres (relative to chart datum) at all parts of the site.

  • v) The applicant shall submit as part of the resource consent application a baseline survey and a proposed monitoring programme that addresses the matters set out in Appendix IA of this Plan.

Assessment Criteria

In assessing any application, particular regard shall be had to:

  • i) the structure shall not be located in any area identified by the tangata whenua as waahi tapu;

  • ii) the Decision-Making Criteria and Considerations which are set out in Appendix II of this Plan, and which are relevant to this activity;

  • iii) the flushing characteristics of the site (including water depth, residual currents and clearance between the structures and the seafloor);

  • iiiv) the potential for genetic effects on the wild population resulting from escapees and/or interbreeding;

  • iv) the potential for new parasites and/or diseases to be introduced and their potential transmission between farmed stock and wild populations;

  • vi) the extent to which the activity will adversely affect any conservation value within the ASCV areas as marked on the maps in Appendix III and described in Appendix IV of this Plan or affect indigenous biodiversity, including any area of significant indigenous vegetation or significant habitat of indigenous fauna;

  • vii) the adequacy of the proposed environmental monitoring programme, marine mammal and bird interaction management plan, and disease management plan (as per the Information Requirements set out in Appendix I); and

  • viii) the adequacy of any development plan including proposals for staged development.

Conditions will be imposed in respect of, but not limited, to the following matters:
  • i) integrity of the structure and associated anchoring and mooring systems;

  • ii) navigation lighting, buoyage and beaconage requirements;

  • iii) provision of written notice to Land Information New Zealand and Maritime New Zealand;

  • iv) provision of bonds or other suitable security in favour of Waikato Regional Council in respect of the likely costs of removal of the structure;

  • v) removal of the structure on expiry of the consent (if no further consent has been applied for or granted);

  • vi) provision of information to the Waikato Regional Council with respect to the final location of the structure;

  • vii) environmental monitoring to be undertaken sufficient to demonstrate the environmental effects associated with the use of the structure;

  • viii) reporting of stock escapes, measures taken to recapture escaped stock, and prevention of further escapes;

  • ix) reporting of pest or disease outbreaks and measures taken to control them;

  • x) reporting of interactions with or entanglements of marine mammals, and seabird mortalities;

  • xi) location of landing, loading and unloading activities associated with the operation of the marine farm; and

  • xii) timing and purpose of reviews of any or all conditions in accordance with Section 128 of the Resource Management Act 1991.

Principal Reasons for Adopting: Rule 16.5.5B provides for the establishment of new types of aquaculture within Waikato, provided that it occurs within existing areas of marine farming. Within the Wilsons Bay Marine Farming Zone Rule 16.5.4 restricts the total area of mussel farming to 470 hectares in Area A and 520 hectares in Area B. Depending on the layout of the farms there is therefore potential for further development of aquaculture within the zone. Applications for fed aquaculture will be assessed on their merits and may be declined if environmental conditions are not suitable.

Principal Reasons for Adopting: Rule 16.5.5B provides for the establishment of new types of aquaculture within Waikato outside the Wilsons Bay Zone, provided that it occurs within authorised marine farms. Marine farming within the Wilsons Bay Zone is covered by Rules 16.5.4 – 16.5.4C. Applications for fed aquaculture will be assessed on their merits.

Advisory Notes:
  •  Any person carrying out aquaculture activities must register with the Ministry of Fisheries.

  •  In addition to any reporting requirements imposed as a condition of consent, other legislation such as the Marine Mammals Protection Act 1978 and Biosecurity Act 1993 may require the consent holder to notify other agencies in specified circumstances.

16.5.5C Discharge of Feed, Medicines and Therapeutic Compounds Associated with Marine Farming outside the Wilsons Bay Zone (Discretionary Activity)

The discharge of any feed, medicine or therapeutic compound into the CMA associated with marine farming activities is a discretionary activity provided it complies with the standards and terms stated in this Rule.

Standards and Terms
  • i) Within the Firth of Thames the total net discharge of nitrogen authorised by all consents for fed aquaculture (including any current application if granted) shall not exceed 300 tonnes per year.2

  • ii) For fed aquaculture within the Firth of Thames, the minimum water depth is 20 metres relative to chart datum at all parts of the site.

  • iii) For fed aquaculture outside the Firth of Thames, the minimum water depth is 20 metres for finfish and 10 metres for all other species relative to chart datum at all parts of the site.

  • iv) For applications for fed aquaculture in the Firth of Thames the applicant must hold an authorisation to apply for consent, issued by Waikato Regional Council pursuant to Policy 6.1.4(ia).

  • v) The applicant shall submit as part of the resource consent application a baseline survey and a proposed monitoring programme that must address the matters set out in Appendix IA of this Plan.

  • i) The discharge is not located in the Wilsons Bay Marine Farming Zone as shown on Map 11 in Appendix III of the Plan.

  • ii) Fed aquaculture within the Firth of Thames shall only be located at sites where there is a minimum water depth of 20 metres (relative to chart datum) at all parts of the site.

  • iii) Fed aquaculture outside the Firth of Thames shall only be located at sites where:

    • (a) For finfish, there is a minimum water depth of 20 metres (relative to chart datum) at all parts of the site;

    • (b) For all other fed aquaculture species, there is a minimum water depth of 10 metres (relative to chart datum) at all parts of the site.

  • iv) The applicant shall submit as part of the resource consent application a baseline survey and a proposed monitoring programme that must address the matters set out in Appendix IA of this Plan.

Assessment Criteria

In assessing any application, particular regard shall be had to:

  • i) the discharge shall not be located in any area identified by the tangata whenua as waahi tapu;

  • ii) the Decision-Making Criteria and Considerations which are set out in Appendix II of this Plan, and which are relevant to this activity;

  • iii) the flushing characteristics of the site (including water depth, residual currents and clearance between the structures and the seafloor);

  • iv) the extent to which the activity will adversely affect any conservation value within the ASCV areas as marked on the maps in Appendix III and described in Appendix IV of this Plan or affect indigenous biodiversity, including any area of significant indigenous vegetation or significant habitat of indigenous fauna;

  • v) the extent to which the discharge (either by itself or in combination with other discharges) will or is likely to result in any adverse effects (including bio-accumulative effects) on flora, fauna, kaimoana or on any other marine farms;

  • vi) the adequacy of the proposed environmental monitoring programme; and

  • vii) the adequacy of any development plan including proposals for staged development.

Conditions will be imposed in respect of, but not limited, to the following matters:
  • i) environmental monitoring to be undertaken;

  • ii) reporting of the quantities of feed discharged into the coastal marine area and its nutrient content, addition of stock, stock harvesting, and removal of stock mortalities from the farm area;

  • iii) reporting of the timing, types, quantity and method of discharge of medicinal and therapeutic compounds into the coastal marine area; and

  • iv) timing and purpose of reviews of any or all conditions in accordance with section 128 of the Resource Management Act 1991.

Principal Reasons for Adopting: Several Some types of marine farming involve the feeding of the stock and may require the use of medicines to manage pests and diseases. The discharge of such compounds raises additional matters that require assessment at the consenting stage.

Consistent with Policy 6.1.1B marine farming involving the feeding of stock within the Firth of Thames will be restricted in order to ensure that effects on nutrient levels within this semi-enclosed body of water are minimised.

Intensive marine farming is susceptible to the transmission of pests and diseases from wild populations. As well as affecting production, this can have animal health and welfare implications for the farm stock and act as a reservoir for the re-infection of the wild population. If the infection cannot be managed by active husbandry techniques, such as rotating stock and fallowing sites, it may be appropriate to treat the farmed animals with medicines and other therapeutic compounds. The treatments used will have to be approved under other legislation relating to food safety and veterinary medicines. The potential environmental effects of the treatment and potential impacts on neighbouring marine farms will require assessment.

Advisory Notes:
  •  Any medicine or therapeutic compound must have been approved for use under the Agricultural Compounds and Veterinary Medicines Act 1997.

New heading above Rule 16.5.6

Insert above Rule 16.5.6:

Marine Farming Prohibited Activities.
Rule 16.5.6

Heading to Rule 16.5.6: omit All Other Marine Farm and substitute Marine Farming.

First paragraph: omit is not otherwise provided for by Rules 16.5.1, 16.5.2, 16.5.3, 16.5.4 and 16.5.5, or.

First paragraph: omit Rules 16.5.3, or 16.5.4 and substitute Rules 16.5.3, 16.5.4, 16.5.4A, 16.5.4B, 16.5.5A, or 16.5.5B .

Second paragraph in first sentence: omit or 16.5.4 (Wilson Bay Zone), and substitute 16.5.4 (Wilson Bay Zone), 16.5.5A (Extensions to Marine Farms) or 16.5.5B (Other Marine Farming Structures), 16.5.4A, 16.5.4B (Wilsons Bay Zone), 16.5.5A (Extensions to Marine Farms) or 16.5.5B (Marine Farming Structures Outside Wilsons Bay Zone) .

Second paragraph: omit and, except for fish aggregation devices, will require the presence of an AMA).

New Rule 16.5.6A

Insert after Rule 16.5.6:

16.5.6A Discharge of Feed, Medicines and Therapeutic Compounds Associated with Marine Farming (Prohibited Activity)

The discharge of any feed, medicine or therapeutic compound into the CMA associated with marine farming activities that does not comply with the standards and terms in Rule Rules 16.5.4C or 16.5.5C is a prohibited activity for which no resource consent shall be granted.

Principal Reasons for Adopting: This rule prohibits the discharge of any feed, medicine or therapeutic compound from marine farming if it does not comply with the conditions of Rule standards and terms of Rule 16.5.4C or 16.5.5C. This means that, within the Firth of Thames, consent applications cannot be received or granted to discharge material unless an authorisation is held to apply for a permit. Discharges that would result in the total net discharge of nitrogen to the Firth of Thames from marine farming exceeding 300 tonnes per annum are also prohibited. This will ensure that effects on nutrient levels within this semi-enclosed body of water are minimised.

Appendix I: Information Requirements
  • Section relating to Marine Farming: omit and substitute:

    Marine Farming
    General requirements for all marine farming consent applications

    All marine farm proposals must include the following information:

    • a) The location (including surveyed grid references) and area to be occupied by the proposed marine farm.

    • b) A description of the activity, including but not limited to:

      • (i) the species to be farmed and source of the stock;

      • (ii) the farm layout details, including the type and number of structures to be used, their placement, marking and lighting, method of construction, type of construction material, and the extent to which the structure may be surface, subsurface or inter-tidal;

      • (iii) daily and seasonal operational details of the farm;

      • (iv) details on the management of non-biodegradable products, bio-fouling, and waste materials;

      • (v) the requirements for land-based facilities (including proposed landing, loading and unloading location(s)), and the availability and adequacy of any current land-based facilities;

      • (vi) the level of noise and light emissions which are likely to occur, and for what periods of time;

      • (vii) the extent of disturbance to the foreshore or seabed.

    • c) A description of:

      • (i) the natural character of the area;

      • (ii) the natural values including flora and fauna, landscapes, seascapes and landforms, and the community values including scenic, amenity, recreational and historical, in the vicinity of the proposed marine farm; and

      • (iii) the extent to which natural and community values have been identified and significant values protected.

    • d) A description of the:

      • (i) hydrodynamic regime;

      • (ii) water quality; and

      • (iii) sediment characteristics

      at the site.

    • e) An assessment of any actual or potential effects on the environment and the way in which any adverse effects may be mitigated, including but not limited to:

      • (i) the extent to which the marine farm will affect and be affected by coastal processes, including in particular, natural hazards, sediment drift, erosion, scouring, silting, current flows, displacement of fauna, habitat, and sea level rise and inundation;

      • (ii) the extent to which the operation of the marine farm will impact on water and sediment quality;

      • (iii) the likely impact of the marine farm on the biomass of plankton communities;

      • (iv) the extent to which habitats, feeding grounds, ecosystems and species, or any other values will be adversely affected (including in particular, within any ASCV);

      • (v) any flow-on effects (as defined in s3 of the RMA) of the activity on other parts of the coastal ecology, including any effects on habitats of fish and shellfish;

      • (vi) identification of significant adverse effects on the relationship tangata whenua as Kaitiaki have with their identified ancestral taonga such as water, lands, sites, waahi tapu and kaimoana, and how these may be avoided, remedied or mitigated;

      • (vii) the extent to which the appearance of the structure is compatible with natural character and amenity values;

      • (viii) the extent to which the proposed marine farm will add to the cumulative effects of the proliferation of structures in any one area;

      • (ix) the extent to which the marine farm will impact on navigation safety, e.g. major navigation routes and recreational use;

      • (x) the extent to which public access might be affected, and where public access will be restricted, demonstration that any proposed restriction is necessary:

        •  to protect public health and safety; or

        •  to ensure a level of security consistent with the purpose of a resource consent;

        •  in other exceptional circumstances sufficient to justify the restriction, notwithstanding the national importance of maintaining that access;

      • (xi) the extent to which heritage values have been identified, and how the adverse effects on these values will be avoided, remedied or mitigated;

      • (xii) an outline of the possible cumulative effects of the marine farm;

      • (xiii) the way in which any adverse effects will be avoided, remedied or mitigated.

    • g) Any possible alternative locations or methods for undertaking the activity (including proposed landing, loading and unloading location(s)) and the applicant’s reasons for making the proposed choice.

    • h) A record of the consultation undertaken by the applicant, including details of consultation undertaken with tangata whenua having responsibilities in the area applied for.

    • i) A statement specifying all other resource consents that the applicant may require from any consent authority in respect of the activity to which the application relates, and whether or not the applicant has applied for such consents.

    Further Detailed guidance on the design of baseline surveys and monitoring programmes is provided in Appendix IA. In addition, further details on the investigative studies for sub-tidal shellfish farming are provided in a guideline prepared for Environment Waikato.3

    For applications for small extensions to existing marine farms the information provided with an application should focus on the extent to which any of the matters outlined above will change as a result of the extension.

    Requirements for applications under Rule 16.5.5B

    In addition to the above, all marine farm proposals under Rule 16.5.5B must include the following information:

    • (a) a marine mammal and bird interaction management plan; and

    • (b) a farmed stock disease management plan

    Requirements for applications under Rule 16.5.5C

    In addition to the above, all marine farm proposals for fed aquaculture must include the following information:

    • (a) The ecological toxicity, persistence and bio-accumulative potential of any contaminants (individually and in combination) to any species potentially exposed;

    • (b) The type, volume, rate and frequency of discharges of feed, medicinal or therapeutic compounds;

    • (c) The effect of the discharge on water colour, clarity and odour;

    • (d) The mixing ability of any contaminants;

    • (e) The extent to which adverse effects on water and sediment quality will impact on other activities, in particular other marine farms; and

    • (f) Demonstration that the volume and level of contamination of the discharge has been minimised to the greatest extent practicable.

New Appendix IA

Insert after Appendix I:

Appendix IA: Baseline Survey and Monitoring Requirements for Aquaculture Activities

This Schedule Appendix provides guidance for:

  • designing, conducting and reporting results of baseline surveys required for applications for farm extensions and species change; and

  • designing, conducting and reporting results of monitoring programmes for aquaculture activities.

The information requirements below are based on knowledge at the time this part of the Plan was prepared. There may be changes to monitoring and information requirements as development of aquaculture proceeds, knowledge expands, and technology evolves. There may also be changes to the methods by which monitoring is carried out in the future.

To ensure that baseline surveys and monitoring programmes are appropriate for a specific activity and location, consent applicants should discuss baseline survey and monitoring requirements with Council staff prior to lodging consent applications.

1. Fundamental aspects of baseline surveys and monitoring programmes
1.1 Baseline survey

A baseline survey is an assessment of the current state of environmental conditions below, within and in the vicinity of an existing a marine farm.

A baseline survey:

  • is required for an application for farm extension or species change. Additional information to that described in this schedule may be required depending on the type and scope of the aquaculture activity applied for or past effects of the existing a farm.

  • may, depending on the scale of the activity, be both spatial and temporal, giving baseline data on the natural environment and its changes throughout the proposed development area.

  • generates data that can aid in the design of an appropriate monitoring programme.

  • generates data that may be used for subsequent comparison to data gathered during a continuing monitoring programme. To allow this, site locations need to be recorded with sufficient accuracy to allow repeat sampling.

A baseline survey aims to provide:

  • a description of the sediment characteristics below and in the vicinity of the marine farm site, in the chosen reference area and in any other area relevant for the consent application.

  • a description of distribution, abundance and diversity of epifauna and infauna below and in the vicinity of the marine farm site, in the chosen reference area and in any other area relevant for the consent application,

  • a description of hydrodynamic conditions in the area within and in the vicinity of the marine farm site and in any other area relevant for the consent application,

  • a description of water column characteristics within and in the vicinity of the marine farm site, in the chosen reference area and in any other area relevant for the consent application.

1.2 Monitoring programme

Monitoring is the regular collection of biological, chemical and/or physical data from pre-determined locations such that environmental changes attributable to an activity can be quantified and evaluated. Monitoring provides data on the actual effects of an activity, in relation to contemporary reference and baseline data.

A monitoring programme sets out details of the monitoring requirements for a particular consent.

Monitoring aims to assess:

  • the spatial scale of adverse effects of an activity,

  • the intensity of adverse effects of an activity,

  • the level of environmental change over time (biological, chemical or physical) attributable to an activity.

A monitoring programme specifies:

  • the frequency of monitoring,

  • the ecosystem components to be monitored,

  • the monitoring site locations,

  • the parameters to be measured,

  • the methods to be used,

  • the way results are to be reported,

  • data to be provided to the Council.

1.3 General considerations for designing a baseline survey or monitoring programme

Table 1 lists matters that should be taken into account when designing a baseline survey or monitoring programme:

Table 1: Matters to be taken into account when designing a baseline survey or monitoring programme.
Baseline survey or monitoring programme specifications Considerations

Frequency of monitoring

(applies to monitoring programme only)

 

Intervals could be set as a number of years, a number of crop cycles, or after each stage of development.

Ecosystem components to be surveyed or monitored

 

Baseline surveys and monitoring require assessment of ecosystem components affected by the aquaculture activity. These include (but may not be limited to) the water column, sediment and benthic biota.

Site locations 

Sites must represent the range of characteristics of the ecosystem to be assessed, a gradient in anticipated intensity of effects and include contemporary reference sites. Sites are typically arranged along transects or in a grid pattern.

Parameters to be measured  

Parameters must be appropriate for the anticipated effects of the aquaculture activity. Appropriate methods or specifications (e.g. water or sediment depth to be sampled) may be critical in ensuring relevance, consistency and comparability. The most suitable parameters may change and thus deviate from those listed in this schedule as development of aquaculture proceeds, knowledge expands and technology evolves.

Methods to be used 

Methods used to collect samples, measure parameters and analyse data must be appropriate and scientifically sound. The most suitable methods may change and thus deviate from those listed in this schedule as development of aquaculture proceeds, knowledge expands and technology evolves.

Reporting of results 

Results must be presented in a report. The scope of the report relates to the scope of the aquaculture activity and the consent being applied for.

Data to be provided to the Council

 

Raw data shall be provided to the Council at the same time as the report. If necessary, additional information must be provided to enable the recreation of any results (values, figures) shown in the report.

Data may be used by Council to inform modelling of effects from aquaculture activities.

1.4 Qualification and experience standards

Baseline surveys and monitoring must be conducted by a person or persons appropriately qualified and experienced to measure and assess effects of the aquaculture activity, identify the statistical significance of adverse effects and assess the relevance of results in relation to management of aquaculture activities in the region.

1.5 Sampling site locations

Sampling site location is a critical step in the design of a baseline survey or monitoring programme. The following list provides some guidelines on how to select appropriate sampling sites. Location specific aspects may create a need for additional sites.

Sampling sites must be located:

  • within the area of the existing marine farm including the area expected to display the greatest effects;

  • for extensions, within the area within which the marine farm is proposed to be extended;

  • adjoining the marine farm site, along a transect (or transects) of decreasing effect intensity in the direction of the prevailing current;

  • in a reference area (for example at the end of transects). Reference sites need to be located in areas with similar characteristics and water depth to the aquaculture site but beyond the influence of water flowing through and deposition from the marine farm. There must be at least three reference sites, and the total number of reference sites must reflect the scope of the aquaculture activity;

  • in areas potentially affected by the marine farm identified to have significant conservation value or ecological significance;

  • in areas potentially affected by the marine farm of significance to tangata whenua.

1.6 Requirements to be assessed in a baseline survey or monitoring programme

The range of parameters to be included in a baseline survey or monitoring programme must be related to the type and scope of the aquaculture activity.

In general, baseline surveys and monitoring programmes related to extension of existing marine farms require a relatively low number of parameters. In fed aquaculture many specimens are grown in a confined area, which produces considerable amounts of nutrient waste in dissolved and particulate form, which are usually discharged to the surrounding environment. Therefore baseline survey and monitoring requirements for fed aquaculture are more stringent compared to those for non-fed aquaculture and require more parameters to be measured.

Parameter requirements are provided in Table 2.

Table 2. Parameter requirements for baseline surveys and monitoring programmes related to consents considered in this schedule.
  Extension Species change
      Non-fed Fed
Parameter Baseline Monitoring Baseline Monitoring Baseline Monitoring
Water quality        
Temperature X X X X X X
Salinity X X X X X X
Water clarity X X X X X X
Ammonium (NH4-N)     X X X X
Ammonia (NH4-N)     X X X X
Oxides of nitrogen (NOx-N)     X X X X
Total N (TN)     X X X X

Dissolved reactive phosphorus (DRP)

     X X X X
Total phosphorus (TP)     X X X X
Dissolved oxygen saturation         X X

Chlorophyll a (phytoplankton biomass)

 X X X X X X
Sediment chemistry        
Organic carbon X X X X X X
Nitrogen X X X X X X
Phosphorus     X X X X
Redox potential (Eh)         X X
Trace elements          X X

Depth of the oxygenated sediment layer

         X X
Sulphide         X X
Benthic fauna and flora    
Macroinfauna species X X X X X X

Macroinfauna community parameters (abundance, richness, diversity)

 X X X X X X
Epifauna species X X X X X X
Epiflora X X X X X X
Seafloor          
Sediment grain size X X X X X X

Substrate (e.g. mud, sand, rock, shell, boulder)

 X   X   X  

Features of ecological interest (e.g. faeces, feed pellets)

         X X
Bacterial mat development (e.g. Beggiatoa spp.)         X X
Sediment outgassing         X X
Bathymetry         X  
Hydrodynamics        
Current speed     X   X  
Current direction     X   X  
Farm characteristics      

Farm development layout at time of sampling

 X X X X X X

Stocking densities at time of sampling

 X X X X X X
Other parameters      

Relevant landscape features (e.g. structures)

         X  
1.7 Methodological considerations

Table 3 lists a selection of methods recommended for sample collection or measurements that do not require sample collection. The most suitable methods may differ among locations and may change as development of aquaculture proceeds, knowledge expands and technology evolves. Thus methods chosen may differ from those listed in this schedule.

Table 3. Recommended sampling methods and considerations for method selection.
Parameter type Method for sample collection/measurement General considerations

Water quality/phytoplankton biomass

 

Water sampling using a sampling device that enables accurate depth selection.

 

Water samples to be taken at water depth relevant for the aquaculture activity and parameter measured. Depths should represent areas where effects are expected to be greatest.

Sediment chemistry/benthic fauna and flora

 

Methods may include grab or core sample, or SCUBA survey.

 

For most physical and chemical sediment properties the top 2 cm of the sediment shall be sampled. Samples for macroinfauna analysis must be sufficiently deep to capture all individuals.

Seafloor 

Methods may include SCUBA, video or photographic surveys. Methods for bathymetry may include echo or side-scan sonar or other methods capable of producing bathymetric contour maps.

 

Quantitative data must be obtained. Bathymetry, substrate and seafloor features should be mapped for the relevant area (marine farm and surrounding area, including reference area).

Hydrodynamics 

Methods may include deployment of an Acoustic Doppler Current Profiler (ADCP or ADP) or other instrument capable of measuring current velocities for a range of water depths.

 

Instrument deployments must be sufficiently long to resolve current dynamics in the region. Typically this means a minimum of 4–8 weeks. In most cases deployment at one site is sufficient.

General methodological considerations:

  •  Sufficient sample replication and frequency of sampling is needed to achieve statistical verification for observed changes over space and time, including separation of effects from natural variability.

  •  Particular care must be taken to ensure appropriate handling during sampling and transport of samples (e.g. appropriate refrigeration).

1.8 Reporting and assessment of results

Results of a baseline or monitoring survey must be reported in the form of a technical report. The report should follow accepted scientific protocols (including separation of results from analysis) and be written clearly and concisely.

The analysis of results should address:

  • whether the current situation is likely to represent a stable state,

  • the relevance of findings to species and habitat and ecosystem functioning.

The report should identify as far as is possible which changes are attributable to the aquaculture activity, which are attributable to other human activities, and which are attributable to natural factors.

If adverse effects are found, the report should provide information on if and how these effects can be avoided, remedied or mitigated.

Specific considerations for preparation of a monitoring report (in addition to those listed above):

  • The report should provide a comparison of monitoring results with the initial prediction of potential environmental effects provided with the application for consent, with the baseline information, with the conditions of the consent, and with any other information about the state of the marine environment.

  • The analysis of monitoring results should address:

    • whether observed changes are likely to precipitate further changes,

    • whether changes are likely to be reversible,

    • the relevance of changes to species and habitat and ecosystem functioning.

  • The report should identify changes in criteria for assessing the significance of any changes or trends apparent from the monitoring if these are considered necessary.

Appendix II: Decision-making Criteria and Considerations Marine Farming

Insert before paragraph (a):

In addition to the General Decision-Making Criteria and Considerations, the following matters will be considered specifically in relation to marine farming:.

Paragraph (d): insert and sediment after water.

Paragraph (i): omit of neighbouring marine farms and substitute and functioning of other marine farms.

Add after paragraph (j):

For the avoidance of doubt, for any application for marine farming relevant criteria relating to Tangata Whenua, Habitat and Coastal Processes, Structures, Disturbances, Air Quality and Noise, and Public Access will also be considered. For applications under Rule 16.5.5C, relevant criteria relating to Water Quality will be considered.

Appendix III: Maps

Omit Map 11 and substitute the following map:

.

Schedule 6: Wilson's Bay Marine Farming Zone: omit Pursuant to section 41(1) of the Aquaculture Reforms (Repeals and Transitional Provisions) Act 2004, rule 16.5.6 of the Waikato Regional Coastal Plan may not be revoked or amended until the chief executive of the Ministry of Fisheries makes a further aquaculture decision in relation to the area affected..

Appendix VI: Glossary

Insert the following definitions in their appropriate alphabetical order:

Authorised marine farm: means, for the purpose of Rule 16.5.5B, a marine farm that was lawfully established by lease or licence under the Marine Farming Act 1971, or a current marine farming permit under the Fisheries Act 1983, or a coastal permit under the Resource Management Act 1991 issued under Rules 16.5.3, 16.5.4 or 16.5.5 of this Plan.

Fed aquaculture: means the farming of any aquatic organism that involves the discharge of feed into the coastal marine area and includes finfish farming.

Firth of Thames: means, for the purpose of Policy 6.1.1B, Policy 6.1.4, Rule 16.5.5B and Rule 16.5.5C, all of the coastal marine area south of a line extending from Deadmans Point to Orere Point.

Total net discharge of nitrogen (Nnet discharge) means the discharge of nitrogen from a marine farm that is calculated according to the following formula:

Nnet discharge = Nfeed + Nother sources − Nfish stock − Nfish removed

where

  • Nfeed is the quantity of nitrogen contained in feed added to the CMA;

  • Nother sources is the quantity of nitrogen from sources other than feed added to the CMA, such as the addition of fingerlings or other nitrogen containing compounds;

  • Nfish stock is the quantity of nitrogen contained in current stock;

  • Nfish removed is the quantity of nitrogen contained in stock removed from the CMA.


Legislative history

9 November 2010Introduction (Bill 239–1)
16 November 2010First reading and referral to Primary Production Committee

  • 1 Noting that fed aquaculture is not permitted within Areas A or B of the Wilsons Bay Zone.

  • 2 Total net nitrogen discharge will be calculated from the quantity of stock and feed or other compounds discharged into the CMA, less stock mortalities removed from the CMA and farm production.

  • 3 Davidson RJ (1999) Guideline for Ecological Investigations related to subtidal shellfish marine farm applications in the Environment Waikato Region. NB: This guideline does not form part of the Regional Coastal Plan.