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Aquaculture Law

Marine farming law; the passage of the Aquaculture Reform package in late 2004 significantly changed the legal framework for management of marine farming in New Zealand and saw the creation of seven new pieces of legislation, amending the Resource Management Act, Fisheries Act, Conservation Act, Bio security Act and others.

The result is that aquaculture has become an even more specialised area of law straddling all of the above, particularly Resource Management and Fisheries law. A further layer of complexity is added by the provisions of the Maori Commercial Aquaculture Claims Settlement, which will create a number of implementation challenges, both for iwi Maori and others in the industry.

The industry aspires to significant growth over the next decade, and making the new legislation work will by one of the keys. In addition, New Zealand’s Coastal Marine Area is increasingly under pressure from competing uses and objectives – see Resource Management/Environmental Law.

In this complex legal environment, Oceanlaw New Zealand provides industry incumbents and prospective new entrants, including iwi Maori, with the essential specialist advice and support.

Oceanlaw New Zealand is uniquely placed to meet industry needs in this area, bringing together specialist practitioners in Aquaculture, Fisheries, Resource Management and Maori issues.

In Particular Oceanlaw New Zealand’s can advise on

  • Transition of existing marine farming operations into the new regime
  • Input to Regional Council coastal planning and designation of Aquaculture Management Areas
  • Regional Council proposals to impose Coastal Occupation Charges
  • Tendering for Aquaculture Authorisations
  • Applications for coastal permits
  • Negotiation of Aquaculture Agreements with affected commercial fishers
  • Privately-Initiated Coastal Plan Changes
  • Objections, appeals and reviews of Council and Ministry of Fisheries decision
  • Implementation of the Maori Commercial Fisheries Claims Settlement
  • Industry/Iwi joint ventures

For more information please contact Justine Inns