Conservation Act 1987

Sports Fish and Game Councils - Fish and Game Councils

26R: Fish and Game Council responsibilities

You could also call this:

"What Fish and Game Councils have to do to help manage fishing and game in New Zealand"

When you are part of a Fish and Game Council, you must follow the rules of the Conservation Act 1987 and the Wildlife Act 1953. You must also follow any regulations made under these Acts. You cannot do things that are mainly to make money, except in some cases as provided in section 26Q(1). You must also follow any policies approved by the Minister under section 26HA(2) of the Conservation Act 1987.

You have to prepare and recommend notices called Anglers Notices, which set out the rules for fishing in your area. These notices must be approved by the Minister and then published under the Legislation Act 2019. You can find more information about the publication requirements in Part 3 of the Legislation Act 2019.

Anglers Notices tell you what you can and cannot do when fishing, such as what time you can fish and what equipment you can use. If you break these rules, you can get a fine of up to $5,000. The Legislation Act 2019 applies to Anglers Notices as if the Minister made them.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM105734.


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26Q: Functions of Fish and Game Councils, or

"What Fish and Game Councils do to help manage fishing and hunting in New Zealand"


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26S: Powers of Fish and Game Councils, or

"What Fish and Game Councils can do to help manage fish and game in New Zealand"

Part 5ASports Fish and Game Councils
Fish and Game Councils

26RFish and Game Council responsibilities

  1. In the performance of their responsibilities, Fish and Game Councils shall abide by the requirements of this Act and the Wildlife Act 1953 and any regulations made under either of those Acts.

  2. Except as provided in section 26Q(1), Fish and Game Councils shall not, within their areas of jurisdiction, engage in any activity that has as its predominant purpose the making of a commercial gain from that activity.

  3. Fish and Game Councils must comply with any policy approved by the Minister under section 26HA(2).

  4. The following provisions apply to Anglers Notices:

  5. Fish and Game Councils shall prepare such notices:
    1. Fish and Game Councils shall, through the New Zealand Fish and Game Council, recommend such notices for approval by the Minister:
      1. the New Zealand Fish and Game Council shall, if satisfied as to the form of the notice, submit it for the Minister's approval:
        1. as soon as practicable after a notice is approved by the Minister, the New Zealand Fish and Game Council must arrange for it to be published under the Legislation Act 2019:
          1. Fish and Game Councils shall make copies of notices available for sale to the public.
            1. An Anglers Notice shall set out the conditions under which a current licence holder may fish for sports fish in the area to which the notice relates, being conditions relating to—

            2. the size and limit bag for any species of sports fish:
              1. any open or closed season in any specified waters in the area, and the sports fish in respect of which they are open or closed:
                1. any requirements, restrictions, or prohibitions on fishing tackle, methods, or the use of any gear, equipment, or device:
                  1. the hours of fishing:
                    1. the handling, treatment, or disposal of any sports fish.
                      1. An Anglers Notice may also declare any waters within the area of jurisdiction of the Fish and Game Council to be fisheries experimental waters, and to make such provision for the protection of fish in those waters as in the opinion of the Minister are necessary or desirable for fish research purposes.

                      2. Every person commits an offence and is liable to a fine not exceeding $5,000 who takes any sports fish from any waters at any time or place, or with any device or in any manner, if such taking is not permitted by any Anglers Notice in force in respect of those waters.

                      3. An Anglers Notice is secondary legislation (see Part 3 of the Legislation Act 2019 for publication requirements).

                      4. The Legislation Act 2019 applies as if—

                      5. the Minister were the maker of the notice; and
                        1. the notice were made by the Minister approving it.
                          Compare
                          Notes
                          • Section 26R: inserted, on , by section 17 of the Conservation Law Reform Act 1990 (1990 No 31).
                          • Section 26R(2): amended, on , by section 6 of the Wildlife Amendment Act 1993 (1993 No 39).
                          • Section 26R(2A): inserted, on , by section 7 of the Conservation (Infringement System) Act 2018 (2018 No 61).
                          • Section 26R(3): substituted, on , by section 18(1) of the Conservation Amendment Act 1996 (1996 No 1).
                          • Section 26R(3)(d): amended, on , by section 3 of the Secondary Legislation Act 2021 (2021 No 7).
                          • Section 26R(4): amended, on , by section 18(2)(a) of the Conservation Amendment Act 1996 (1996 No 1).
                          • Section 26R(5): amended, on , by section 18(2)(a) of the Conservation Amendment Act 1996 (1996 No 1).
                          • Section 26R(6): amended, on , by section 18(2)(b) of the Conservation Amendment Act 1996 (1996 No 1).
                          • Section 26R(7): inserted, on , by section 3 of the Secondary Legislation Act 2021 (2021 No 7).
                          • Section 26R(8): inserted, on , by section 3 of the Secondary Legislation Act 2021 (2021 No 7).