Conservation Act 1987

Miscellaneous

48A: Special regulations relating to freshwater fisheries

You could also call this:

"Rules for fishing in New Zealand's freshwater areas"

The Governor-General can make rules about freshwater fisheries. You need to follow these rules when fishing in freshwater areas. The rules can be about things like how many fish you can catch.

The Minister must talk to people who will be affected by the rules before they are made. The rules can apply to all of New Zealand or just certain areas. They can also have special conditions for certain communities.

The rules can be about things like licences to fish, how to catch fish, and what to do with the fish after you catch them. They can also be about protecting certain types of fish and their habitats. If you break the rules, you might have to pay a fine.

The Minister can make rules about electric fishing devices and how they can be used. They can also make rules about fishing competitions and how they are run. The rules can be changed or updated as needed.

If there is a conflict between the freshwater fishing rules and other laws, the other laws will prevail. The Governor-General can make rules to help protect indigenous freshwater fish. You can find more information about the rules and how they are made 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=DLM106694.


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"Rules for deadlines when applying for concessions"


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48B: Special regulations relating to South Island freshwater fisheries, or

"Rules to protect Māori fishing rights in South Island rivers and lakes"

Part 6Miscellaneous

48ASpecial regulations relating to freshwater fisheries

  1. Without limiting section 48, the Governor-General may from time to time, by Order in Council, on the recommendation of the Minister, make regulations for all or any of the following purposes:

  2. providing for the establishment of an advisory user group for the Taupo Fishery, and prescribing its functions, powers, proceedings, and other necessary matters:
    1. prescribing a total allowable catch in respect of any freshwater fish, freshwater fishery, or method of fishing for freshwater fish:
      1. prescribing the forms and classes of licences to fish for freshwater fish or sports fish and licences to operate as a sports fishing guide, and providing for the issue of such licences and for the disposal of fees for such licences and of fines recovered under this Act:
        1. providing for the Minister to appoint agents and authorise such agents and Fish and Game Councils to issue, on such conditions as may be prescribed in the regulations, licences authorising the holder to fish for sports fish and licences authorising the holder to operate as a sports fishing guide, and providing for licence fees to be paid to such agents and such Councils:
          1. prescribing the scope and effect of licences to fish for freshwater fish or sports fish and licences to operate as a sports fishing guide or any specified class of licences, and providing for licences issued in respect of any region to be available in any other region or regions or in all regions:
            1. regulating or prohibiting—
              1. the taking of any specified freshwater fish, including any method of taking that fish; and
                1. the use, possession, or sale of any specified freshwater fish:
                2. providing for the issue, refusal, renewal, suspension, revocation, modification, and imposition by the regulations or the Director-General (by notice) of conditions on licences for persons who wish to acquire or be in possession in prescribed circumstances of fish taken for the purposes of sale:
                  1. providing for the recognition of licences granted under any other Act as licences for the purposes of this Act:
                    1. providing for the variation, renewal, and revocation of licences to fish for freshwater fish or sports fish and licences to operate as a sports fishing guide and for the refusal of the issue of licences in certain cases:
                      1. providing for the payment to a Fish and Game Council of any fines or licence fees for the purposes of the distribution, rearing, cultivation, or protection of sports fish in the area under the jurisdiction of that Council, or, with the approval of the Minister given upon or subject to such conditions as the Minister thinks fit, for the purpose of applying the same or any part thereof either alone or jointly with any other Council for any such purpose in the area of any Council, or for any related purpose approved by the Minister:
                        1. providing for the payment to the Director-General of any fines or licence fees for the purposes of the distribution, rearing, cultivation, or protection of freshwater fish in any area, or, with the approval of the Minister given upon or subject to such conditions as the Minister thinks fit, for any related purpose:
                          1. prohibiting, restricting, or regulating the use of electric fishing devices for the taking of freshwater fish or sports fish, including (without limitation)—
                            1. prohibiting the use of electric fishing devices except in accordance with the written authority of both the Director-General and a Fish and Game Council, and exempting or providing for the exemption of any person or class of persons from any such prohibition:
                              1. prescribing conditions subject to which such authorisations may be given, or providing for the specifying of such conditions by the person or body that grants the authorisation:
                                1. providing for the variation or withdrawal of any such authorisation (which may include withdrawal on the grounds of the commission of an offence against the Fisheries Act 1983 or this Act, or against any regulations made under that Act or this Act, where the offence involves the possession or use of an electric fishing device), and for the revocation, variation, and addition of any condition of any such authorisation:
                                  1. providing for appeals against all or any of the following:
                                    1. the refusal to grant any such authorisation:
                                      1. the imposition or variation of any conditions relating to any such authorisation:
                                        1. the withdrawal of any such authorisation:
                                      2. regulating, restricting, or imposing conditions on the canning, smoking, freezing, or other preserving of trout or other specified freshwater fish and the possession thereof when canned, smoked, frozen, or otherwise preserved; and providing for the inspection of canneries, smokehouses, freezing chambers, refrigerating works, and any premises (not being a dwellinghouse) where freshwater fish are canned, smoked, frozen, preserved, treated, dressed, or stored:
                                        1. requiring and authorising the provision of devices and facilities to permit or control the passage of freshwater fish or sports fish through or around any dam or other structure impeding the natural movement of fish upstream or downstream:
                                          1. prohibiting, restricting, or regulating any structure or alteration to a water body that could impede or affect the passage of freshwater fish or specified freshwater fish (see clause 6 of Schedule 1AA):
                                            1. authorising the establishment of fish hatcheries by Fish and Game Councils, or the Department, and regulating the management and operation of such establishments:
                                              1. to prohibit or impose conditions and restrictions on the possession, or the retention in captivity, or the transfer to or release into any waters, of any live aquatic life:
                                                1. prescribing conditions and rentals payable in respect of fishing competitions generally; and authorising the Director-General to, by notice, prescribe such conditions and rentals in respect of the Taupo Fishery; and authorising Fish and Game Councils to, by notice, prescribe such conditions and rentals in respect of waters under their respective jurisdictions:
                                                  1. in relation to indigenous freshwater fish,—
                                                    1. specifying activities that are reasonably likely to injure or kill specified indigenous freshwater fish; and
                                                      1. regulating, restricting, or imposing conditions on those specified activities that are reasonably necessary to prevent the killing or injuring of those fish; and
                                                        1. specifying indigenous freshwater fish that are endangered and restricting or prohibiting the taking of those fish:
                                                        2. specifying any requirements that must be met by a person seeking an authorisation under section 26ZHD, 26ZJA(5), or 26ZP(6):
                                                          1. imposing conditions or restrictions that apply to an authorisation under section 26ZP:
                                                            1. specifying freshwater fish that are noxious fish and providing for their control, regulation, or prohibition:
                                                              1. imposing reporting requirements relating to the taking, injuring, killing, use, possession, or sale of specified freshwater fish.
                                                                1. Before making any recommendation under subsection (1), the Minister must consult any person or organisation that the Minister considers is likely to be substantially affected by, or will be representative of the interests of people likely to be substantially affected by, the regulations.

                                                                2. Any such regulations—

                                                                3. may apply generally throughout New Zealand or New Zealand freshwaters or be made to apply only within such area or areas as may be defined in that behalf:
                                                                  1. may apply special conditions or confer special rights in relation to fishing by specified communities.
                                                                    1. Notwithstanding anything in section 48(1)(k) or section 48A(1)(c) or (e), the Minister may by notice,—

                                                                    2. fix the forms and classes of licences to fish for sports fish:
                                                                      1. fix the scope and effect of licences or any specified class of licences to fish for sports fish:
                                                                        1. provide for the licences issued in respect of any region for sports fish to be available in any other region or regions or in all regions:
                                                                          1. fix the fees payable for any licence to fish for sports fish.
                                                                            1. Repealed
                                                                            2. Subject to subsection (4), for the purpose of ensuring compliance with the requirements of any regulations made under subsection (1)(j), any person authorised in that behalf by the Controller and Auditor-General may, during the usual working hours of the Council, enter upon the premises of any Fish and Game Council and there inspect any books or papers belonging to or in the possession of the Council.

                                                                            3. Before entering any premises pursuant to subsection (3), a person referred to in that section shall produce evidence of his or her appointment, if requested to do so by the person appearing to be in charge of those premises.

                                                                            4. Subsection (6) applies if there is inconsistency between—

                                                                            5. a provision relating to indigenous freshwater fish in regulations made under subsection (1)(b), (f), or (i); and
                                                                              1. a provision in Treaty settlement legislation, or a provision in regulations relating to Māori fishing rights made under the Fisheries Act 1996.
                                                                                1. If this subsection applies, a provision described in subsection (5)(b) prevails over a provision described in subsection (5)(a).

                                                                                2. The following are secondary legislation (see Part 3 of the Legislation Act 2019 for publication requirements):

                                                                                3. regulations under subsection (1):
                                                                                  1. a notice under subsection (2A).
                                                                                    1. If regulations under subsection (1)(g) provide for the Director-General to impose conditions on licences,—

                                                                                    2. the notice imposing the conditions is secondary legislation (see Part 3 of the Legislation Act 2019 for publication requirements), unless the notice applies only to 1 or more named persons; and
                                                                                      1. the regulations must contain a statement to that effect.
                                                                                        1. If regulations authorise a person to grant exemptions referred to in subsection (1)(l)(i),—

                                                                                        2. an exemption is secondary legislation (see Part 3 of the Legislation Act 2019 for publication requirements), unless it applies only to 1 or more named persons; and
                                                                                          1. the regulations must contain a statement to that effect.
                                                                                            1. If regulations under subsection (1)(q) authorise the Director-General or Fish and Game Councils to prescribe conditions or rentals payable,—

                                                                                            2. the notice prescribing the conditions or rentals payable is secondary legislation (see Part 3 of the Legislation Act 2019 for publication requirements); and
                                                                                              1. the regulations must contain a statement to that effect.
                                                                                                Notes
                                                                                                • Section 48A: inserted, on , by section 27 of the Conservation Law Reform Act 1990 (1990 No 31).
                                                                                                • Section 48A(1): amended, on , by section 15(1) of the Conservation (Indigenous Freshwater Fish) Amendment Act 2019 (2019 No 55).
                                                                                                • Section 48A(1)(c): amended, on , by section 36(1)(a) of the Conservation Amendment Act 1996 (1996 No 1).
                                                                                                • Section 48A(1)(d): amended, on , by section 36(1)(b) of the Conservation Amendment Act 1996 (1996 No 1).
                                                                                                • Section 48A(1)(e): amended, on , by section 36(1)(c) of the Conservation Amendment Act 1996 (1996 No 1).
                                                                                                • Section 48A(1)(f): replaced, on , by section 15(2) of the Conservation (Indigenous Freshwater Fish) Amendment Act 2019 (2019 No 55).
                                                                                                • Section 48A(1)(g): amended, on , by section 3 of the Secondary Legislation Act 2021 (2021 No 7).
                                                                                                • Section 48A(1)(i): amended, on , by section 36(1)(e) of the Conservation Amendment Act 1996 (1996 No 1).
                                                                                                • Section 48A(1)(l): substituted, on , by section 173(2) of the Electricity Act 1992 (1992 No 122).
                                                                                                • Section 48A(1)(l)(iv): substituted, on , by section 23 of the Conservation Amendment Act 1994 (1994 No 108).
                                                                                                • Section 48A(1)(q): substituted, on , by section 36(2) of the Conservation Amendment Act 1996 (1996 No 1).
                                                                                                • Section 48A(1)(q): amended, on , by section 3 of the Secondary Legislation Act 2021 (2021 No 7).
                                                                                                • Section 48A(1)(na): inserted, on , by section 15(3) of the Conservation (Indigenous Freshwater Fish) Amendment Act 2019 (2019 No 55).
                                                                                                • Section 48A(1)(r): inserted, on , by section 15(4) of the Conservation (Indigenous Freshwater Fish) Amendment Act 2019 (2019 No 55).
                                                                                                • Section 48A(1)(s): inserted, on , by section 15(4) of the Conservation (Indigenous Freshwater Fish) Amendment Act 2019 (2019 No 55).
                                                                                                • Section 48A(1)(t): inserted, on , by section 15(4) of the Conservation (Indigenous Freshwater Fish) Amendment Act 2019 (2019 No 55).
                                                                                                • Section 48A(1)(u): inserted, on , by section 15(4) of the Conservation (Indigenous Freshwater Fish) Amendment Act 2019 (2019 No 55).
                                                                                                • Section 48A(1)(v): inserted, on , by section 15(4) of the Conservation (Indigenous Freshwater Fish) Amendment Act 2019 (2019 No 55).
                                                                                                • Section 48A(1A): inserted, on , by section 15(5) of the Conservation (Indigenous Freshwater Fish) Amendment Act 2019 (2019 No 55).
                                                                                                • Section 48A(2A): inserted, on , by section 2 of the Conservation Amendment Act (No 3) 1996 (1996 No 116).
                                                                                                • Section 48A(2A): amended, on , by section 3 of the Secondary Legislation Act 2021 (2021 No 7).
                                                                                                • Section 48A(2B): repealed, on , by section 3 of the Secondary Legislation Act 2021 (2021 No 7).
                                                                                                • Section 48A(5): inserted, on , by section 15(6) of the Conservation (Indigenous Freshwater Fish) Amendment Act 2019 (2019 No 55).
                                                                                                • Section 48A(6): inserted, on , by section 15(6) of the Conservation (Indigenous Freshwater Fish) Amendment Act 2019 (2019 No 55).
                                                                                                • Section 48A(7): inserted, on , by section 3 of the Secondary Legislation Act 2021 (2021 No 7).
                                                                                                • Section 48A(8): inserted, on , by section 3 of the Secondary Legislation Act 2021 (2021 No 7).
                                                                                                • Section 48A(8A): inserted, on , by regulation 5 of the Legislation Act (Amendments to Legislation) Regulations 2021 (LI 2021/247).
                                                                                                • Section 48A(9): inserted, on , by section 3 of the Secondary Legislation Act 2021 (2021 No 7).