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Conservation Act 1987

Freshwater fisheries - Miscellaneous provisions

26ZQA: Possessing certain kinds of fish without approval

You could also call this:

"Having certain fish without the Minister of Conservation's okay can get you in trouble"

If you have certain kinds of fish, like live grass carp or live silver carp, you need approval from the Minister of Conservation. The Minister of Conservation can give you approval to have these fish. You must advertise in a newspaper that you want to have these fish.

When you ask for approval, you must tell people in the area and give them a chance to comment. The Director-General can ask you to do an environmental impact assessment report before the Minister gives you approval. You must have approval to have restricted fish, or you might get a fine of up to $5,000.

You can get approval from the Minister of Conservation, or under section 26ZM(2) or section 26ZM(3). If you have restricted fish without approval, you can get a fine. This rule does not follow Section 43B.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM106031.

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Part 5BFreshwater fisheries
Miscellaneous provisions

26ZQAPossessing certain kinds of fish without approval

  1. In this section, restricted fish means—

  2. live grass carp; or
    1. live silver carp.

      1. The Minister of Conservation may approve a person's possession of restricted fish.

      2. The following provisions apply when the approval of the Minister of Conservation is required under subsection (2):

      3. the applicant must advertise, on at least 2 consecutive Saturdays in at least 1 newspaper circulating in the area concerned, the intention to possess the fish:
        1. every advertisement under paragraph (a) must state that submissions or objections in respect of its subject matter should be sent to the Director-General:
          1. the Director-General may require an applicant to provide an environmental impact assessment report before the Minister grants approval.

            1. A person who possesses restricted fish must have at least 1 of the following approvals relating to the person who possesses the fish and to the kind of fish the person possesses:

            2. an approval under subsection (2):
              1. an approval under section 26ZM(2):
                1. an approval under section 26ZM(3).

                  1. Every person commits an offence, and is liable to a fine not exceeding $5,000, who, without reasonable cause, knowingly possesses restricted fish—

                  2. knowing that none of the approvals described in subsection (4) has been given; or
                    1. being reckless as to whether or not any of those approvals has been given.

                      1. Section 43B does not apply to an offence under subsection (5).

                      Notes
                      • Section 26ZQA: inserted, on , by section 4 of the Conservation Amendment Act 2000 (2000 No 56).