Aquaculture Reforms

2004 Aquaculture Reforms

In December 1994 Parliament introduced changes to the laws regulating aquaculture designed to streamline the duel consenting functions required for marine farming. Prior to these reforms consent was required under the Resource Management Act 1991 to occupy the space and erect the structures and separate consent was also required under the Fisheries Act 1996 to ensure no undue adverse effects on commercial, recreational or customary fishing. This duel consenting framework translated into additional costs and delay to getting lines in the water.

The 2004 Aquaculture Reforms attempted to streamline the duel consenting framework by introducing Aquaculture Management Areas. AMAs were defined areas ring-fenced for aquaculture in Regional Coastal Environment Plans. The concept behind AMAs was to create a single process to approve consents under which adverse effects on fisheries were assessed before aquaculture management areas were defined in coastal plans, thereby removing fishing from the matters to be assessed at consenting stage. The 2004 amendments and the creation of Aquaculture Management Areas proved unsuccessful, creating significant impediments for both the aquaculture industry and councils in terms of planning for and investing in aquaculture. No new water space was consented for marine farming under the 2004 regime.

2010 Aquaculture Reforms

In 2010 the Government decided to take another look at the legislation surrounding aquaculture as part of government's economic growth agenda in order to unlock the economic potential of the industry, to increase export earnings and create new jobs.

The Aquaculture Legislation Amendment Bill (No 3) is part of a wider package of aquaculture reforms that also includes non-legislative changes. These reforms aim to

Reduce cost, delays and uncertainty
Promote investment in aquaculture development
Enable integrated decision making

The Bill contains amendments to the following acts;

Resource Management Act 1991
Fisheries Act 1996
Māori Commercial Aquaculture Claims Settlement Act 2004
Aquaculture Reform (Repeals and Transitional Provisions) Act 2004

Under the new regime a the Minister of Fisheries now also has separate responsibility for Aquaculture and a new Aquaculture Unit within the Ministry of Fisheries has been set up as governments main advisors on all matters relating to aquaculture.

The main legislative changes proposed by the Bill include;

Removing the requirement that aquaculture activities can only take place within AMAs
Streamlines the Undue Adverse Effects test on fisheries
Introduces a minimum 20 year consent term for aquaculture
Limits the information requirements for re-consenting an existing marine farm
Enables councils to better manage situations of high demand for water space

Māori Commercial Aquaculture Settlement under the reform Bill:

The Bill does not alter the core components of the 2004 settlement, including all rights associated with 20% of new aquaculture space created after 1 January 2005.

A new delivery mechanism will be needed as a consequence of changes to remove the requirement for Aquaculture Management Areas. Crown is currently working with iwi to find the best way to deliver the settlement. The Bill provides for the settlement to be delivered by providing either space or an agreed equivalent.

Submissions on the Aquaculture Legislation Amendment Bill (No 3) were received by the Primary Production Select Committee in February 2011.

Aquaculture Reforms

2004 Aquaculture Reforms

2010 Aquaculture Reforms

Māori Commercial Aquaculture Settlement under the reform Bill:

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