During the late 1990s, there was an overwhelming increase in the demand for space for marine farms. This demand for coastal space put regional councils and communities under pressure, and exposed gaps in the legislation and policy managing aquaculture activities. As a result parliament put in place a moratorium on new marine farming applications. This took effect in March 2002, to provide time for a review of the framework that regulates marine farming in New Zealand.
In December 2004 Parliament introduced changes to the laws regulating aquaculture – referred to as the “Aquaculture Reforms”.
The Aquaculture Reforms amended five existing Acts:
It also created two new Acts:
Under the new laws, new marine farms can now only be established within zones called Aquaculture Management Areas (AMAs). An AMA must be a defined area, mapped and described in the regional coastal plan. In considering AMAs, councils must consider the effects of aquaculture on the environment, fisheries resources, fishing interests and other uses of the coastal marine area.
Before an AMA is created, the Ministry of Fisheries must determine that the AMA won't have an undue adverse effect on fishing (cultural, recreational and commercial). If the Ministry of Fisheries considers there is an undue adverse effect on commercial fishing there are special provisions that will allow negotiation with the affected commercial fishers to decide whether aquaculture should take place.
Councils do not have to provide AMAs within their regions – some regions have little marine farming interest. The interest for marine farming in the Bay of Plenty is high because of its good growing conditions and infrastructure. Environment Bay of Plenty is exploring the potential for creating AMAs in the Bay of Plenty.
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