Conservation Act 1987

Sports Fish and Game Councils - Fish and Game Councils

26S: Powers of Fish and Game Councils

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

You have the right to know about the powers of Fish and Game Councils in New Zealand. Each Fish and Game Council has the power to do what is necessary to carry out its functions. This means they can make decisions and take actions to manage sports fish and game.

You can think of a Fish and Game Council like a group that helps take care of fish and game in New Zealand. They can buy or sell land to help them do their job, including providing a place for their offices. They can also enter into contracts to get services they need.

When a Fish and Game Council buys land, it must be for the purpose of managing sports fish or game, or protecting their habitat. They cannot sell land that is needed for these purposes without a good reason. Any land they buy must be open to the public, unless they need to close it to protect the fish and game.

If a Fish and Game Council gets land from another source, the same rules apply. All land held by a Fish and Game Council is subject to the Conservation Act. A Fish and Game Council can spend money it receives to carry out its functions.

A Fish and Game Council can also go to court to have its say on matters that affect its work, as stated in section 26Q(1) and section 26Q. However, this does not mean anyone can enter private land without the owner's consent.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM105740.


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Part 5ASports Fish and Game Councils
Fish and Game Councils

26SPowers of Fish and Game Councils

  1. Each Fish and Game Council shall have all such powers as are reasonably necessary or expedient to enable it to carry out its functions.

  2. Without limiting the generality of subsection (1) but subject to subsection (3), any Fish and Game Council may, by agreement,—

  3. acquire and dispose of land or any interest in land for such purposes as are reasonably necessary to enable the Council to carry out its functions, including the provision of office premises:
    1. acquire any land or interest in land formerly held by an acclimatisation society:
      1. enter into contracts for the provision of services by it.
        1. Every agreement under subsection (2) is subject to the following conditions:

        2. in the case of an acquisition (other than for administrative purposes), the land or interest in land shall be acquired for use for the purposes of the management of sports fish or game, and the protection of their habitat:
          1. no disposal (other than for administrative purposes) shall be made if the land or interest in land is required for the management of sports fish or game, or the protection of their habitat:
            1. any land acquired under this section (other than for administrative purposes) shall be open to the public, and may be closed in order to protect the sports fish and game habitat only after public notice of the closure has been given in the region:
              1. the land use shall comply with the provisions of this Act and any other Act, and any freshwater fisheries management plan or sports fish and game management plan for the region in which the land is situated.
                1. Subsection (3)(c) shall also apply to any land that is transferred to a Fish and Game Council under any other Act, as if that land had been acquired under this section.

                2. All land held under this section shall be subject to this Act.

                3. Each Fish and Game Council may expend money received by it from any source arising under this Act for the purposes of carrying out its functions under this Act.

                4. For the purposes of section 26Q(1), a Fish and Game Council shall be entitled to appear before courts and tribunals in New Zealand and be heard on matters affecting or relating to the Council's functions.

                5. Nothing in this section or in section 26Q shall enable any person to enter any land (other than land vested in a Fish and Game Council) without the consent of the owner or occupier.

                6. Repealed
                7. Repealed
                Notes
                • Section 26S: inserted, on , by section 17 of the Conservation Law Reform Act 1990 (1990 No 31).
                • Section 26S(9): repealed, on , by section 37(1) of the Public Finance Amendment Act 2004 (2004 No 113).
                • Section 26S(10): repealed, on , by section 37(1) of the Public Finance Amendment Act 2004 (2004 No 113).