What is it?

The approvals are a three step process:

• The first step is the creation of aquaculture management areas (AMAs) in coastal plans;
• The second step is allocation of space in AMAs to marine farmers (20 percent of the space is allocated to iwi (x-ref Aquaculture settlement). This allocation is subject to reservation for commercial fishing which occurs via s186ZK of the Fisheries Act.
• A successful applicant for coastal space then has to apply for a coastal permit under Part 6 of the RMA.

The Ministry of Fisheries has the ability to assess whether a proposed AMA will have an undue adverse affect on commercial, recreational and customary fishing. If the Ministry determines it will have an adverse effect on customary or recreational fishing then that area must be excluded from an AMA. For commercial fishing if the reservation relates to non-quota management species which is not subject to schedule 4C and 4D of the Fisheries Act then that area must be excluded from the AMA. If the schedule is subject to QMS then that is not on the plan.

An aquaculture agreement (s186ZK of the Fisheries Act) is an agreement between an applicant for coastal space and the commercial fishers which allows the applicant to proceed with a marine farming application for an area which the Ministry of Fisheries previous indicated would have an undue adverse effect on commercial fishing.

What role do marine farming approvals have in marine and coastal management?

The changes to the RMA (new Part 7A) enables councils to establish aquaculture management areas (AMA) in regional coastal plans. These areas are developed under schedule 1 and 1A of the RMA and require the approval of the Minister of Conservation and include any reservation in regard to commercial, recreational or customary fishing indicated by the Minister of Fisheries. The allocation of space within an AMA can be via tendering or other method. Those parties to which space have been allocated have two years to apply for a resource consent to undertake marine farming.

AMAs can be created by Private Plan Changes. However, any such AMAs once created become open for allocation of space in the same processes that are available for council initiated plan changes. Given the likely high cost of pursuing a private plan change, and the uncertainty of the applicant being authorised to apply for a consent within the AMA created, this process is unlikely to be used.

The reforms also created a new category of plan change – the Invited Private Plan Change (IPPC). Regional councils can invite plan change requests by way of a public notice, and successful applicants have the right to apply for consent in 80% of the AMA created. Regional councils are preferring this option, and some have begun developing plan changes to support IPPCs.

Regional councils may also identify areas in the CMA for which no AMAs may be created. These areas must be the subject of a public notice, and must go through the same type of consultation process required for a plan change preparation. Challenges to decisions on excluded areas cannot be heard in the Environment Court, but can be challenged by judicial review.

What does it mean for me?

The public has the ability to make submissions on the proposals for AMAs under the 1st schedule of the RMA and on notified coastal permits under Part 6 of the RMA

Relevant legislation

Web based resources

Key references

Regular publications