Plain language law

New Zealand law explained for everyone

Resource Management Act 1991

Standards, policy statements, and plans - Local authority policy statements and plans - Regional plans

71: Requirements for rules that control fishing

You could also call this:

"Rules for Controlling Fishing in Coastal Areas"

Illustration for Resource Management Act 1991

You need to follow some rules when making decisions about fishing in the coastal marine area. A regional council can only include a rule about fishing in a plan if it is part of the original plan or if it applies to the same area as an existing rule. The council can make small changes to the area where a fishing rule applies after the plan is made public. You should know that a regional council cannot say that fishing is a controlled or restricted activity in a certain area. However, the council can say that fishing is not allowed in an area, or that it is allowed only if it is an exception to a rule that says fishing is not allowed. If a regional council wants to make a new rule about fishing, it must follow certain steps, such as assessing the impact of the rule, as outlined in section 32(2A), and getting approval from the Director-General of the Ministry for Primary Industries, as stated in clause 4B of Schedule 1. This rule applies even if it contradicts section 77A.

This text is automatically generated. It might be out of date or be missing some parts. Find out more about how we do this.

View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=LMS1494471.

This page was last updated on — View changes

Topics:
Environment and resources > Farming and fishingGovernment and voting > Local councils
Previous

70: Rules about discharges, or

"Rules to Protect Water and Land from Harmful Discharges"

Next

70A: Application to climate change of rules relating to discharge of greenhouse gases, or

"How the rules about releasing harmful gases into the air are used to help stop the Earth from getting too warm."

Part 5Standards, policy statements, and plans
Local authority policy statements and plans: Regional plans

71Requirements for rules that control fishing

  1. This section applies to rules that control fishing within the coastal marine area.

  2. A regional council must not include a rule that controls fishing in a regional coastal plan unless—

  3. the rule (a notified rule) is included in the proposed regional coastal plan when it is notified; or
    1. the rule applies within an area to which a notified rule applies.

      1. However, a regional council may, after a proposed regional coastal plan is notified, make minor adjustments to the boundaries of an area to which a rule that controls fishing applies.

      2. If a regional council includes a rule that controls fishing in a regional coastal plan,—

      3. the rule must not classify fishing as a controlled activity, a restricted discretionary activity, a discretionary activity, or a non-complying activity:
        1. the rule may classify fishing as a prohibited activity in an area:
          1. the rule may classify fishing as a permitted activity in an area only if it is an exception to a rule made under paragraph (b) that applies to the area.

            1. See also clause 4B of Schedule 1, which—

            2. requires a regional council that intends to propose a rule that controls fishing in a regional coastal plan to complete an assessment of the impact of the proposed rule in accordance with section 32(2A); and
              1. restricts the notification of the proposed rule unless the Director-General of the Ministry for Primary Industries concurs with the rule.

                1. This section applies despite section 77A.

                Notes
                • Section 71: inserted, on , by section 17 of the Resource Management (Consenting and Other System Changes) Amendment Act 2025 (2025 No 41).