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Resource Management Act 1991

Standards, policy statements, and plans - Legal effect of rules - Legal effect of rules

86H: Rules that control fishing do not apply to Māori customary non-commercial fishing rights in specified legislation

You could also call this:

"Some fishing rules don't apply to Māori who fish for food or special occasions"

Illustration for Resource Management Act 1991

If you are Māori and you fish for food or for a special occasion, some rules do not apply to you. These rules are the ones that control fishing, and they do not apply if you are fishing under certain regulations, such as those made under the Fisheries Act 1996, sections 297 and 298, or the Te Arawa Lakes (Fisheries) Regulations 2006. You are also exempt if you are fishing under regulations made for a Treaty settlement between the Crown and tangata whenua, which gives effect to section 10 of the Treaty of Waitangi (Fisheries Claims) Settlement Act 1992.

A rule that controls fishing means a rule that says what you can and cannot do when you fish, or a national environmental standard that says whether fishing is allowed or not. This applies to rules that control fishing within the meaning of section 2B, or a national environmental standard that classifies fishing as a prohibited or permitted activity. You should be aware that these rules do not apply to your customary non-commercial fishing rights.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=LMS1494570.

Topics:
Environment and resources > ConservationEnvironment and resources > Farming and fishingMāori affairs > Treaty of Waitangi
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86G: Rule that has not taken legal effect or become operative excluded from references to rule in this Act and regulations made under this Act, or

"Ignore rules in plans that are not yet official"

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87AA: This Part subject to Part 6A, or

"This part of the law must follow the rules in Part 6A."

Part 5Standards, policy statements, and plans
Legal effect of rules: Legal effect of rules

86HRules that control fishing do not apply to Māori customary non-commercial fishing rights in specified legislation

  1. A rule that controls fishing does not apply to customary non-commercial fishing provided for in—

  2. regulations made under any of sections 186, 297, and 298 of the Fisheries Act 1996 for the purpose of giving effect to section 10 of the Treaty of Waitangi (Fisheries Claims) Settlement Act 1992; or
    1. regulations made under an Act that requires regulations to be made or to be treated as made under the Fisheries Act 1996 for the purpose of giving effect to section 10 of the Treaty of Waitangi (Fisheries Claims) Settlement Act 1992; or
      1. the Te Arawa Lakes (Fisheries) Regulations 2006; or
        1. regulations made under an Act for the purpose of giving effect to a Treaty settlement between the Crown and tangata whenua in respect of their customary non-commercial fishing rights.

          1. In this section, a rule that controls fishing means—

          2. a rule that controls fishing within the meaning of section 2B; or
            1. a national environmental standard that classifies fishing as a prohibited or permitted activity.

              Notes
              • Section 86H: inserted, on , by section 30 of the Resource Management (Consenting and Other System Changes) Amendment Act 2025 (2025 No 41).