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How do I apply for a new marine farm?

The Resource Management Act (RMA) 1991 requires marine farms to be located within an Aquaculture Management Area (AMA). AMAs are provided for under a regional coastal plan and any person wishing to establish a marine farm must apply and obtain a resource consent within the AMA. You will also need to register your marine farm with the Ministry of Fisheries’ Fish Farming Register.

The AMA process

The RMA aims to promote the sustainable management of the natural and physical resources of our environment. Under the Act, New Zealand’s regional councils and unitary authorities are responsible for managing marine farms within their coastal marine area – the zone between the line of the highest tide water mark and the 12 nautical-mile limit.  

The RMA provides for council initiated (including the new Invited Private Plan Change option) and privately initiated AMA processes. Your regional council or unitary authority should be your first port of call to find out more about coastal planning and AMA planning processes in your area.

Additionally, there are a number of resources available to help you learn more about the RMA, coastal planning and AMAs. Two resources that may be of particular interest are a web-based gateway to information about the Resource Management Act 1991 and Aquaculture Reform 2004: The Rules of the Game – Creating Aquaculture Management Areas.

Resource consent process

The resource consent process is relevant if you have access to an existing AMA or expect to be eligible to lodge an application in the near future. You will need to contact your regional council or unitary authority to apply for a resource consent. As part of the process, you will need to find out from your council what type of consultation is appropriate, what information will be required, and what application forms you will need to complete.

It is important for applicants to work with any affected parties as soon as possible.  This important step may save you time and money. Affected parties could include: local iwi, neighbours, interest groups (e.g. environmental groups, boating clubs, commercial or recreational fishers), the Department of Conservation, along with regional, district, or city councils.

Previous leases and licences granted under the Marine Farming Act have been grandfathered into the RMA and are valid until 31 December 2024. Under the current law, applications to continue these activities should be lodged no later than  six months prior to the expiry of the deemed consents. Marine farms that have been granted coastal permits and marine farming permits under the RMA and fisheries legislation have individual and specific expiration dates.

Fish farmer registration

Everyone carrying out the activity of fish farming must be registered on the Fish Farmer Register. The register is managed by FishServe, on behalf of the Ministry of Fisheries. 
 
After a regional council has granted a consent or a consent variation, an application for registration or a variation of a fish farmer’s registration must be completed by the person carrying out the activity of fish farming and returned to FishServe. An application for registration or a variation of a fish farmer’s registration can be obtained at FishServe at www.fishserve.co.nz/ or (04) 460 9555.

In general, along with the application you will also need to supply the following when registering:

• A copy of the resource consent or certificate of compliance issued under the RMA that relates to the site and/or the species applied for in the application.
• If the consent is not in the name of the applicant, proof that the applicant has the consent of the consent holder.

An application  must also be completed when the following changes are made to your registration:

(a) Changes in the number of sites farmed (e.g. have you commenced farming on a site not currently noted on the register against your name).
(b) Changes in the number of sites farmed (e.g. have you ceased farming on a site currently noted on the register against your name).
(c) Changes in the species authorised to be farmed on the site. (e.g. has there been a change in the species listed on the resource consent changed).
(d) Changes in the area farmed on a site (e.g. for those persons who farm part of the area covered by the resource consent).
(e) The consent covering a site is renewed.

Also, each year FishServe will send out to each registered fish farmer an annual update form that is required to be completed and returned as soon as possible.

A copy of the Fish Farmer Register can be obtained from FishServe.