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Conservation Act 1987

Freshwater fisheries - Various restrictions relating to fishing and aquatic life

26ZL: Restrictions on fishing

You could also call this:

"Rules to protect fish and fishing areas in New Zealand"

The Director-General can make rules to stop or limit fishing in certain areas. You are not allowed to fish in these areas if there is a rule stopping you. The Director-General can also stop people from entering certain waters or land near fishing devices.

The Director-General can make rules about what fish you can catch and how you can catch them. They can also make rules to help protect certain types of fish. Some communities might be exempt from these rules.

If you break these rules, you can get a fine of up to $5,000. The Director-General must follow certain steps when making these rules, which are explained in the Legislation Act 2019. A rule does not take effect until it has been published and two Saturdays have passed.

The Director-General must talk to the Fish and Game Council before making rules about sports fish. They must also talk to the regional council before restricting entry to certain areas. You can find more information about how these rules are published in the Legislation Act 2019.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM106004.

Topics:
Environment and resources > Farming and fishingEnvironment and resources > ConservationGovernment and voting > Government departments
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"Rules for fishing competitions that catch sports fish"

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"Moving fish and other aquatic animals to a new home in New Zealand's freshwater needs permission"

Part 5BFreshwater fisheries
Various restrictions relating to fishing and aquatic life

26ZLRestrictions on fishing

  1. The Director-General, may, by notice, for such period as may be specified in the notice and notwithstanding that it is otherwise lawful under this Act,—

    1. prohibit or impose restrictions and conditions on entry into any waters within a specified distance of any device erected in those waters for the purpose of preventing or controlling the movement of fish upstream or downstream or on entry to any land within a specified distance of any such device:
      1. prohibit or impose restrictions or conditions on fishing in any waters or in any specified part or parts thereof, or on the taking of any species of fish therein, or on the methods of fishing in such waters:
        1. in the case of freshwater fish (other than sports fish) exempt communities either wholly, partially, or conditionally, or in respect of any specified waters, from the operation of any such prohibition, restriction, or other condition in the notice.

          1. Any Fish and Game Council may request the Director-General to issue a notice under subsection (1).

          2. Every person commits an offence and is liable to a fine not exceeding $5,000 who contravenes any prohibitions, restrictions, or conditions imposed by a notice given in accordance with subsection (1).

          3. Notwithstanding subsection (1), the Director-General shall not impose any prohibition, restriction, or other condition that relates to the taking of sports fish from any waters in any area within the jurisdiction of a Fish and Game Council without prior consultation with that Council, nor restrict entry to any area without prior consultation with the appropriate regional council or any government agency that has statutory control over the land involved.

          4. A notice under this section is secondary legislation (see Part 3 of the Legislation Act 2019 for publication requirements).

          5. A notice does not take effect until—

          6. the notice has been published under the Legislation Act 2019; and
            1. 2 consecutive Saturdays (including the day it is published if that is a Saturday) have passed since the notice was first published.

              Compare
              Notes
              • Section 26ZL: inserted, on , by section 17 of the Conservation Law Reform Act 1990 (1990 No 31).
              • Section 26ZL(1): amended, on , by section 3 of the Secondary Legislation Act 2021 (2021 No 7).
              • Section 26ZL(1)(a): repealed, on , by section 10 of the Conservation (Indigenous Freshwater Fish) Amendment Act 2019 (2019 No 55).
              • Section 26ZL(2): amended, on , by section 3 of the Conservation Amendment Act 2000 (2000 No 56).
              • Section 26ZL(2A): inserted, on , by section 3(2) of the Conservation Amendment Act 1998 (1998 No 33).
              • Section 26ZL(3): amended, on , by section 25 of the Conservation Amendment Act 1996 (1996 No 1).
              • Section 26ZL(4): inserted, on , by section 3 of the Secondary Legislation Act 2021 (2021 No 7).
              • Section 26ZL(5): inserted, on , by section 3 of the Secondary Legislation Act 2021 (2021 No 7).