• “(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.”

• “(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:”.

• “(b) if—

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

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

• “(4) The consent authority may 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.”

• “(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.”

“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.”

• “(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.”

• “(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.”

“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.”

• “(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.”

• “(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.”

• “(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.”

“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).”

• “(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.”

• “(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).”

“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).”

“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”.

• “(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”.

“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.”

“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).”

“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.”

“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.”

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

• “(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.”

• “(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).”

“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).”

• “(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.”

• “(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.”

• “(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.”

• “(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.”

• “(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.”

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

“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.”

“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”.

• “(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.”

“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”.

“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).”

• “(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) 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.”

“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.”

“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.”

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

• “(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.”

• “(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.”

• “(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).”

“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.”

• “(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:”.

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

“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”.

“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.”

“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.”