Part 3AManagement planning
17KProcedure for preparation, approval, review, and amendment of freshwater fisheries management plans
The following provisions shall apply to the preparation and approval of freshwater fisheries management plans:
- every draft plan shall be prepared by the Director-General in consultation with the Conservation Boards affected by it and such other persons or organisations, including representatives of the appropriate iwi authorities, as the Director-General considers practicable and appropriate, and then notified in accordance with section 49(1) and to the appropriate regional councils and territorial authorities within the meaning of the Local Government Act 2002, and that provision shall apply as if the notice were required to be given by the Minister:
- every notice under paragraph (a) shall—
- state that the draft plan is available for inspection at the places and times specified in the notice; and
- call upon persons or organisations interested to lodge with the Director-General submissions on the draft before the date specified in that behalf in the notice, being a date not less than 40 working days after the date of the publication of the notice:
- state that the draft plan is available for inspection at the places and times specified in the notice; and
- any person or organisation may make written submissions to the Director-General on any such draft plan, at the place and before the date specified in that behalf in the notice:
- the Director-General may obtain public opinion of the draft by any other means from any person or organisation:
- from the date of public notification of a draft plan until public opinion of it has been made known to the Director-General, the draft shall be made available by the Director-General for public inspection during normal office hours, in such places and quantities as are likely to encourage public participation in the development of the proposal:
- the Director-General shall give every person or organisation who or which, in making any submissions on the draft, asked to be heard in support of his or her or its comments a reasonable opportunity of appearing before a meeting of representatives of the Director-General:
- representatives of the Director-General may hear submissions from any other person or organisations consulted on the draft:
- the Director-General shall prepare a summary of the submissions received on the draft and public opinion made known about it:
- after considering such submissions and public opinion, the Director-General shall, subject to paragraph (j), revise the draft plan:
- the Director-General shall comply with paragraph (i) before—
- the expiration of 8 months after the date of publication of the notice given under paragraph (a); or
- such later date as may be fixed in that behalf by the Minister:
- the expiration of 8 months after the date of publication of the notice given under paragraph (a); or
- the Conservation Authority shall, if so required by the Minister, consider the draft and send any written comments on the draft to the Minister and the Director-General:
- the Director-General, after having regard to any comments received under paragraph (k),—
- may amend the draft:
- shall send to the Minister the draft, with any revisions, and the summary prepared under paragraph (h):
- may amend the draft:
- the Minister shall approve the draft or send it back to the Director-General for further consideration before approving it.
The Director-General may at any time review or amend any such management plan.
The review of any freshwater fisheries management plan shall be dealt with under subsection (1), which shall apply with any necessary modifications.
The following provisions shall also apply in relation to the review of any freshwater fisheries management plan:
- any freshwater fisheries management plan may be reviewed in whole or in part:
- a freshwater fisheries management plan shall be reviewed as a whole by the Director-General not later than 10 years after the date of its approval.
Subject to subsection (6), the amendment of any freshwater fisheries management plan shall be dealt with under subsection (1), which shall apply with any necessary modifications.
Where any such amendment is of such a nature that the Director-General considers that it will not materially affect the objectives or policies expressed in the plan or the public interest in the area concerned, the amendment shall be dealt with under paragraphs (i) to (m) of subsection (1), which shall apply with any necessary modifications.
Notes
- Section 17K: inserted, on , by section 13(1) of the Conservation Law Reform Act 1990 (1990 No 31).
- Section 17K(1)(a): amended, on , by section 262 of the Local Government Act 2002 (2002 No 84).