Conservation Act 1987

Freshwater fisheries - Miscellaneous provisions

26ZP: Determination of closed seasons for fishing

You could also call this:

"Rules about when you can't fish for certain fish to help protect them"

The Director-General can decide to stop you fishing for certain freshwater fish in an area for up to 5 years. You can find the rules about this in a notice that will be published under the Legislation Act 2019. The notice will say what fish you cannot catch, where you cannot catch them, and for how long.

If you catch fish during a closed season, you are breaking the law. You could be fined up to $5,000 and an extra $20 for each fish you caught. If you have fish during a closed season, you will be assumed to have caught them during that time, unless you can prove otherwise.

The Director-General can give you permission to catch fish during a closed season if it is okay with the reason for the closed season. You must meet any requirements set out in regulations to get this permission. The permission can have conditions or restrictions that you must follow.

A notice about closed seasons is secondary legislation, which means it is a type of law, and you can learn more about it in Part 3 of 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=DLM106025.


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Part 5BFreshwater fisheries
Miscellaneous provisions

26ZPDetermination of closed seasons for fishing

  1. The Director-General may, by notice,—

  2. determine a closed season for fishing 1 or more species of freshwater fish (other than sports fish) in an area for a period not exceeding 5 years; or
    1. extend or vary a determination or vary a determination that has been extended so long as the total period of the closed season does not exceed 5 years.
      1. A notice—

      2. must state the purpose of the closed season, the species of fish and the area to which the closed season applies, and the duration of the closed season; and
        1. does not take effect until—
          1. 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.
            2. A person commits an offence who, without authorisation under this section, takes, possesses, or in any way injures or disturbs a fish to which a closed season applies.

            3. Every person who commits an offence against this section is liable to a fine not exceeding $5,000, and to a further fine not exceeding $20 in respect of every fish in relation to which the offence was committed.

            4. Any person who, during any closed season, is found in possession of any fish shall be deemed to have taken or obtained that fish during such closed season until the contrary is proved.

            5. The Director-General may, on application, give a person written authorisation to take fish to which a closed season applies if satisfied that—

            6. the taking of the fish is consistent with the purpose of the closed season; and
              1. the person has met the requirements (if any) set out in regulations.
                1. An authorisation may be subject to any conditions or restrictions specified by the Director-General or in regulations.

                2. A notice under subsection (1) is secondary legislation (see Part 3 of the Legislation Act 2019 for publication requirements).

                Compare
                Notes
                • Section 26ZP: inserted, on , by section 17 of the Conservation Law Reform Act 1990 (1990 No 31).
                • Section 26ZP(1): replaced, on , by section 12(1) of the Conservation (Indigenous Freshwater Fish) Amendment Act 2019 (2019 No 55).
                • Section 26ZP(2): replaced, on , by section 12(1) of the Conservation (Indigenous Freshwater Fish) Amendment Act 2019 (2019 No 55).
                • Section 26ZP(2)(b): replaced, on , by section 3 of the Secondary Legislation Act 2021 (2021 No 7).
                • Section 26ZP(3): replaced, on , by section 12(1) of the Conservation (Indigenous Freshwater Fish) Amendment Act 2019 (2019 No 55).
                • Section 26ZP(5): amended, on , by section 12(2) of the Conservation (Indigenous Freshwater Fish) Amendment Act 2019 (2019 No 55).
                • Section 26ZP(6): inserted, on , by section 12(3) of the Conservation (Indigenous Freshwater Fish) Amendment Act 2019 (2019 No 55).
                • Section 26ZP(7): inserted, on , by section 12(3) of the Conservation (Indigenous Freshwater Fish) Amendment Act 2019 (2019 No 55).
                • Section 26ZP(8): inserted, on , by section 3 of the Secondary Legislation Act 2021 (2021 No 7).