In January 2005 changes to the way marine farming (or “aquaculture”) is planned for and managed around New Zealand’s coast came into effect with the Aquaculture Law Reform. As a result of these changes, aquaculture planning and management is now primarily covered by the Resource Management Act 1991 (RMA), and principal responsibility is in the hands of regional and unitary councils.

Aquaculture Management Areas

Under the new system, aquaculture can only be established within areas specially identified in the regional coastal plan as “Aquaculture Management Areas” (AMAs). Outside of AMAs, aquaculture is a prohibited activity.

The process for establishing AMAs can be initiated in one of 2 ways – either by the council, or by a private individual and/or industry via a private plan change. Under the former, the costs of the process are met by the council, whereas under the latter, the costs are met by the individual or group initiating the private plan change. Whichever approach is taken, when a plan change to establish an AMA is proposed, it must follow a public process before it can be approved and incorporated into the regional coastal plan. Once an AMA is set up, the council can allocate space within it for different aquaculture operations. Each operation will still require resource consent to establish and operate within the AMA.

If the private plan change process is pursued, this may be either “invited” or “normal”. The “invited” process is where the council invites individuals and/or the industry to undertake a private plan change to create a new AMA. If the plan change is successful, the proponent is entitled to a preferential allocation of space within the AMA. The “normal” private plan change process is where the council has not invited proposals, but someone wishes to propose an AMA, in which case they would initiate a private plan change as anyone may do under the RMA. However, where a “normal” private plan change to establish an AMA is successful, the proponent receives no preferential allocation of space within the AMA.

Excluded Areas

Where the “invited” plan change process is followed, councils may first identify and notify areas where aquaculture will not be allowed. These areas are called “Excluded Areas”. The council can then invite requests for a private plan change proposing AMA’s outside of the excluded areas.

Excluded Areas are essentially “no go” areas for aquaculture and give the industry and the community certainty about where a proposal for an AMA is more likely to succeed. Excluded areas might include places such as navigation lanes, marinas and ports, or areas of high conservation or landscape value.

Excluded Areas only exist for the purposes of the “invited” private plan change process. Once this process is complete, the excluded areas no longer exist, and the council will need to reconsider which areas it may wish to exclude if it decides to invite private plan changes in the future.

Maps of Excluded Areas in Canterbury

In accordance with Section 165W(1) of the Resource Management Act 1991, the Canterbury Regional Council hereby identifies the areas in the Canterbury Coastal Marine Area listed and defined in the table below, as Excluded Areas under that section.

The consequence of this notice is that should the Canterbury Regional Council, in accordance with Section 165Z(1) of the Resource Management Act, invite any person to request a change to a regional coastal plan or a proposed regional coastal plan to establish an aquaculture management area, Section 165X of the Resource Management Act prevents aquaculture management areas from being established in any of the following areas:

Excluded Area Number	Definition of Area	RCEP Page Reference	Map Reference Regional Coastal Environment Plan Volume 2
Area 1 View the map (pdf 887kB)	All of that area identified in Schedule 5.5.7 of the Canterbury Regional Coastal Environment Plan as Area of Significant Natural Value 10-118, Whale, Dolphin & Hutton’s Shearwater Area	Volume 1 Schedule 5 page 191	7.7
Area 2 View the map (pdf 435kB)	All of that area identified in Schedule 5.5.8 of the Canterbury Regional Coastal Environment Plan as Area of Significant Natural Value 10-121, Conway River Mouth Lagoons.	Volume 1 Schedule 5 Page 191	7.8
Area 3 View the map (pdf 521kB)	All of that area identified in Schedule 5.5.9 of the Canterbury Regional Coastal Environment Plan as Area of Significant Natural Value 12-001, Waiau River Mouth/Shag Rock Coastline.	Volume 1 Schedule 5 Page 192	7.9
Area 4 View the map (pdf 472kB)	All of that area identified in Schedule 5.5.10 of the Canterbury Regional Coastal Environment Plan as Area of Significant Natural Value 12-002, Napenape.	Volume 1 Schedule 5 Page 192	7.10
Area 5 View the map (pdf 402kB)	All of that area identified in Schedule 5.5.12 of the Canterbury Regional Coastal Environment Plan as Area of Significant Natural Value 12-003, Motunau Island.	Volume 1 Schedule 5 Page 192	7.11
Area 6 View the map (pdf 193kB)	All of that area identified in Schedule 5.5.13 of the Canterbury Regional Coastal Environment Plan as Area of Significant Natural Value 12-005, Ashley River/Rakahuri-Saltwater Creek Estuary.	Volume 1 Schedule 5 Page 193	7.12
Area 7 View the map (pdf 103kB)	The area of the mixing zone of the Waimakariri Wastewater outfall, being all that area that is within 200 metres of a line joining the innermost diffuser at Lat 43°21’.9184 S and Long 172° 43’.6379 E and the outermost diffuser at Lat 43° 21’.9185 and Long 172° 43’.7045 E.	N/A	N/A
Area 7A View the map (pdf 341kB)	The area of the mixing zone of the Christchurch Wastewater outfall, being all that area that is within 250 metres of a line joining the inner diffuser Lat 43º 31’ 22.6076 S and Long 172º 46’ 33.7272 E and outer diffuser at Lat 43º 31’ 19.1014S and Long 172º 46’ 48.9976 E. (WGS1984)	N/A	N/A
Area 8 View the map (pdf 220kB)	All of that area identified in Schedule 5.5.14 of the Canterbury Regional Coastal Environment Plan as Area of Significant Natural Value 12-006, Waimakariri River Mouth & Brooklands Lagoon.	Volume 1 Schedule 5 Page 193	Map 7.13
Area 9 View the map (pdf 322kB)	All of that area identified in Schedule 5.5.15 of the Canterbury Regional Coastal Environment Plan as Area of Significant Natural Value 12-007, Avon-Heathcote Estuary/Ihutai.	Volume 1 Schedule 5 Page 193	Map 7.14
Area 10 View the map (pdf 267kB)	All of that area identified in Schedule 5.5.16 of the Canterbury Regional Coastal Environment Plan as Area of Significant Natural Value 12-008, Scarborough Cliffs and Godley Head.	Volume 1 Schedule 5 Page 193	Map 7.15
Area 11 View the map (pdf 821kB)	All of the Area of Lyttelton Harbour that falls West of a straight line from Godley Head to Adderley Head, with the exception of the Rapaki Mataitai area (which extends from Church Reserve, Cass Bay at 43º 36.78’ S and 172º41.66’ E, to Windy point at 43º 36.895 S and 172º 40.4’ E, and terminates at the Taukahara boundary, at 43º 36.951’ S and 172º 40.95’ E)	N/A	N/A
Area 12 View the map (pdf 631kB)	All of the area of bays in the Banks Peninsula listed and delineated in Schedule 5.13 of the RCEP as being required. "to be maintained in their present natural states, free of additional structures."	Volume 1 Schedule 5 Pages 208-209	Maps 6.1-6.6
Area 13 View the map (pdf 359kB)	All of the area of the Marine reserve at Flea Bay/Pohatu indicated in the “Marine Reserve (Pohatu) Order 1999” as being “part Pacific Ocean in and adjacent to Flea Bay, shown marked “a” on S.O. Plan 20084 lodged in the office of the Chief Surveyor for the Canterbury Land District.”	N/A	N/A
Area 14 View the map (pdf 323kB)	All of that area identified in Schedule 5.9 of the Canterbury Regional Coastal Environment Plan as the NZ Defence Force Weapons Range/Danger Area and which falls within the Canterbury Coastal Marine Area.	Volume 1 Schedule 5 Page 203	Map 9.1
Area 15 View the map (pdf 308kB)	All of that area identified in Schedule 5.5.28 of the Canterbury Regional Coastal Environment Plan as Area of Significant Natural Value 12-020, Kaitorete.	Volume 1 Schedule 5 Page 196	Map 7.28
Area 16 View the map (pdf 153kB)	All of that area identified in Schedule 5.5.29 of the Canterbury Regional Coastal Environment Plan as Area of Significant Natural Value 12-021, Coopers Lagoon/Muriwai Coastline.	Volume 1 Schedule 5 Page 197	Map 7.24
Area 17 View the map (pdf 152kB)	All of that area identified in Schedule 5.5.30 of the Canterbury Regional Coastal Environment Plan as Area of Significant Natural Value 12-022, Rakaia River Mouth.	Volume 1 Schedule 5 Page 197	Map 7.24
Area 18 View the map (pdf 191kB)	All of that area identified in Schedule 5.5.31 of the Canterbury Regional Coastal Environment Plan as Area of Significant Natural Value 12-023, Ashburton River/Hakatere Mouth.	Volume 1 Schedule 5 Page 197	Map 7.25
Area 19 View the map (pdf 170kB)	All of that area identified in Schedule 5.5.32 of the Canterbury Regional Coastal Environment Plan as Area of Significant Natural Value 12-024, Orari River Mouth & Lagoons and all of that area identified in Schedule 5.5.33 as Area of Significant Natural Value 12-025 Opihi River Mouth and Lagoons.	Volume 1 Schedule 5 Page 197	Map 7.26
Area 20 View the map (pdf 458kB)	All of that area identified in Schedule 5.5.34 of the Canterbury Regional Coastal Environment Plan as Area of Significant Natural Value 12-026, Washdyke (Waitarakoa) Coastline and all of that area identified in Schedule 5.5.35 as Area of Significant Natural Value 12-02 Patiti Point to Tuhawaiki Point.	Volume 1 Schedule 5 Page 197	Map 7.27
Area 21 View the map (pdf 212kB)	All that area identified in Schedule 5.10.2 as the Main Navigational Channel of the Port of Timaru and all of that area identified in Schedule 5.11.2 of the Canterbury Regional Council Coastal Environment Plan as the Operational Area of the Port of Timaru.	Volume 1, Schedule 5 Page 204	Map 5.4 (Navigation Channel) and Map 5.2 (Port Operational Area)
Area 22 View the map (pdf 212kB)	All of the mixing zone for the Timaru Sewage Ocean outfall, being all of the area that falls within the following boundaries: Landward boundary: The landward boundary of the coastal marine area, Northern boundary: A line running perpendicular to the coast that at no point is less than 3 km north of the outfall discharge point Southern boundary: A line running perpendicular to the coast that at no point is less than 3 km south of the outfall discharge point. Seaward boundary: A line running parallel to the coast, which is at no point less than 300 m from the outfall discharge point. For the purposes of this definition, the outfall discharge point is taken to be at K38:751-533 N and K39:710-490 S.
Area 22A View the map (pdf 419kB)	The mixing zone of the Pareora Sewage Ocean outfall, being all that area of the coastal marine area that is less than 1600 metres from the outfall discharge point, that discharge point being located at map ref J39:685-335.		Map 1.11
Area 23 View the map (pdf 224kB)	All of that area identified in Schedule 5.5.36 of the Canterbury Regional Coastal Environment Plan as Area of Significant Natural Value 12-028, Wainono to Waihao River Mouth.	Volume 1 Schedule 5 Page 198	Map 7.28
Area 24 View the map (pdf 148kB)	All of that area identified in Schedule 5.5.37 of the Canterbury Regional Coastal Environment Plan as Area of Significant Natural Value 12-029, Waitaki River Mouth.	Volume 1 Schedule 5 Page 198	Map 7.29