Conservation Act 1987

Freshwater fisheries - Spawning fish

26ZJA: Director-General may declare spawning area

You could also call this:

"Protecting fish breeding areas: the Director-General can make rules to keep them safe"

The Director-General can declare an area to be a spawning area if they think it is being used for freshwater fish to spawn or is suitable for them to spawn. You can find more information about what this means in the Legislation Act 2019. The Director-General can make this decision on their own or based on a recommendation from the New Zealand Fish and Game Council.

If an area is declared a spawning area, you are not allowed to do anything that might disturb the area or the fish spawning there. The Director-General can give you permission to do something in a spawning area if they think it will not harm the fish or the area. They can also add conditions to this permission.

The Director-General decides what activities are allowed in a spawning area. They can say yes to something if it will not hurt the fish, if it is needed to fix the area, or if it is more important than any harm it might cause. You can ask the Director-General for permission to do something in a spawning area, and they will decide based on the rules.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=LMS270965.


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Part 5BFreshwater fisheries
Spawning fish

26ZJADirector-General may declare spawning area

  1. The Director-General may, by notice, declare an area to be a spawning area if the Director-General has reasonable grounds to believe that the area—

  2. is being used for the spawning of freshwater fish; or
    1. is suitable for the spawning of freshwater fish.
      1. Without limiting subsection (1), the Director-General may make a notice declaring a spawning area under that subsection on the recommendation of the New Zealand Fish and Game Council in relation to the spawning of sports fish in the area.

      2. A person must not carry out an activity in a declared spawning area that disturbs or is reasonably likely to disturb the area unless—

      3. the Director-General has given authorisation under subsection (4) or (5) for the activity to be carried out; and
        1. the person complies with any conditions or restrictions specified in the authorisation.
          1. The Director-General may, by notice, give authorisation for a specified activity to be carried out in a declared spawning area that disturbs or is reasonably likely to disturb the area, if the Director-General is satisfied that—

          2. the activity would have no more than a minor effect on the suitability of the area for the spawning of freshwater fish; or
            1. the activity is necessary for the restoration of the area; or
              1. the purpose of the activity outweighs any adverse effect it may have on the spawning of freshwater fish in the area.
                1. The Director-General may, on application, give a person written authorisation to carry out a specified activity in a declared spawning area that disturbs or is reasonably likely to disturb the area if the Director-General is satisfied that—

                2. subsection (4)(a), (b), or (c) applies to the activity; and
                  1. any requirements in regulations have been met.
                    1. An authorisation under subsection (4) or (5) may be subject to any conditions or restrictions specified by the Director-General in the authorisation.

                    2. In this section, an activity disturbs a declared spawning area if it—

                    3. disturbs the spawning of freshwater fish in the area; or
                      1. makes the area less suitable for the spawning of freshwater fish in the area.
                        1. A notice under subsection (1) or (4) is secondary legislation (see Part 3 of the Legislation Act 2019 for publication requirements).

                        Notes
                        • Section 26ZJA: inserted, on , by section 9 of the Conservation (Indigenous Freshwater Fish) Amendment Act 2019 (2019 No 55).
                        • Section 26ZJA(1): amended, on , by section 3 of the Secondary Legislation Act 2021 (2021 No 7).
                        • Section 26ZJA(4): amended, on , by section 3 of the Secondary Legislation Act 2021 (2021 No 7).
                        • Section 26ZJA(8): replaced, on , by section 3 of the Secondary Legislation Act 2021 (2021 No 7).