Part 5BFreshwater fisheries
Spawning fish
26ZJADirector-General may declare spawning area
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—- is being used for the spawning of freshwater fish; or
- is suitable for the spawning of freshwater fish.
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.
A person must not carry out an activity in a declared spawning area that disturbs or is reasonably likely to disturb the area unless—
- the Director-General has given authorisation under subsection (4) or (5) for the activity to be carried out; and
- the person complies with any conditions or restrictions specified in the authorisation.
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—- the activity would have no more than a minor effect on the suitability of the area for the spawning of freshwater fish; or
- the activity is necessary for the restoration of the area; or
- the purpose of the activity outweighs any adverse effect it may have on the spawning of freshwater fish in the area.
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—
- subsection (4)(a), (b), or (c) applies to the activity; and
- any requirements in regulations have been met.
An authorisation under subsection (4) or (5) may be subject to any conditions or restrictions specified by the Director-General in the authorisation.
In this section, an activity disturbs a declared spawning area if it—
- disturbs the spawning of freshwater fish in the area; or
- makes the area less suitable for the spawning of freshwater fish in the area.
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).