The Aquaculture Reforms
Recently there have been some changes to the way marine farming (or 'aquaculture') is planned for and managed around New Zealand's coast.
Why the changes?
Before the 1990s, marine farming was a reasonably small industry in New Zealand, with small farms dotted around the coast, mostly in the Marlborough Sounds, Northland and around the Coromandel Peninsula. Over the next 10 years, marine farming took off and demand for water space increased five-fold. The clean and nutrient-rich waters of New Zealand were rightly recognised as a great place to grow quality seafood, quickly. By 2000, it had become clear our legislation for planning and approving marine farms could not cope with this demand.
There were two main complaints: marine farmers wanting new space were unhappy because of delays and costs in processing their marine farm applications; while communities were concerned that the possible effects of marine farming were not being fully recognised and managed.
What was the aquaculture permit moratorium?
The Government decided to stop receiving any new marine farm applications until it had worked out a better way of dealing with aquaculture development. It did this by imposing a moratorium on new permit applications from 28 November 2001. The moratorium ended on 31 December 2004 - the day before the new aquaculture reforms took effect.
The government and local councils are still working their way through nearly 200 permit applications for marine farms that were "notified" by councils before the aquaculture moratorium came into effect in November 2001. These must still be processed under the old (pre-moratorium) legislation.
What do the Changes do?
The changes aim to balance four things:
The Resource Management Act now requires all marine farming in the coastal marine area (within 12 nautical miles of the coast) to take place in Aquaculture Management Areas, set up by regional councils or unitary authorities". These AMAs must be designated in the council's Regional Coastal Plan.
How does it work now?
An Aquaculture Management Area can either be proposed by a council, through a Council-initiated Plan Change, or by a private individual or group through a Private Plan Change (in which case the costs are met by the initiators).
Details Of The Māori Commercial Aquaculture Claims Settlement Details Of The Māori Commercial Aquaculture Claims Settlement As with any plan change, the council must consult with affected groups and the general public before the AMA can be approved and become part of its Regional Coastal Plan.
As part of this process, the Ministry of Fisheries checks whether the proposal would have an undue adverse effect on fishing. Any areas where there is an undue adverse effect on customary or recreational fishing are removed from the proposed AMA. But if there is an effect on commercial fishing, a "reservation" is put over that part of the site, and agreement must be reached between affected rights holders before that part can be developed.
Once an AMA has been approved, the council can allocate water-space rights for marine farms " either by tender, or in a way specified by their coastal plan. The water-space rights allow the holder to apply for a marine farming Resource Consent over a specified portion of that AMA.
This Resource Consent must be obtained before farming structures like lines or cages can be set up.
Who is in charge?
The lead role for aquaculture planning is now in the hands of New Zealand's 12 regional councils and four unitary authorities. They are responsible for all coastal planning, including deciding where marine farming is appropriate. The Ministry of Fisheries contributes to this process by testing for any undue adverse effects on fishing.
The Ministry of Fisheries also oversees the Crown's delivery of its commercial aquaculture settlement obligations to Māori.