Section 165ZJ — Resource Management Act 1991: Additional criteria for considering applications for permits for space already used for aquaculture activities
Text of the provision Official document
165ZJ Additional criteria for considering applications for permits for space already used for aquaculture activities (1) When considering an application to which section 165ZH(2) or section 165ZI(7) or (8) applies, a consent authority must not only consider the relevant matters under this Act, but also consider the applicant's conduct in relation to— (a) compliance with the relevant regional coastal plan; and (b) compliance with resource consent conditions for current or previous aquaculture activities undertaken by the applicant; and (c) the use of current industry good practice for any current aquaculture activities. (2) In making an assessment under subsection (1)(a) and (b) , the council must, in relation to any successful enforcement action under Part 12 , consider— (a) the number of any breaches that have occurred; and (b) the seriousness of the breach; and (c) how recently the breach occurred; and (d) the subsequent behaviour of the applicant after enforcement action. Part 7A (comprising sections 165A to 165ZJ) was inserted, as from 1 January 2005, by section 20 Resource Management Amendment Act (No 2) 2004 (2004 No 103).
Official source: legislation.govt.nz
Search case law on this topic
See judgments from New Zealand courts and tribunals with a plain-English summary and legal holding.
Explore case law →