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Fisheries Act 1996

Preliminary provisions

6: Application of Resource Management Act 1991

You could also call this:

"How the Resource Management Act affects fishing rules"

Illustration for Fisheries Act 1996

You cannot use some rules in regional plans or coastal permits. These rules are about giving some fishers access to fisheries resources that others cannot use. You also cannot use rules that stop other fishers from fishing in certain areas. When regional councils make decisions, they can think about how aquaculture affects fishing. They can do this under section 30(1)(d) of the Resource Management Act 1991. They can also give permits for aquaculture. A fishing sector is a group of people who fish. This includes commercial fishers, recreational fishers, and Maori non-commercial customary fishers. The term occupy means the same as in section 2(1) of the Resource Management Act 1991.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM395378.

Topics:
Environment and resources > Farming and fishingGovernment and voting > Local councils
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"Rules to Help Change to the New Law"

Part 1Preliminary provisions

6Application of Resource Management Act 1991

  1. No provision in any regional plan or coastal permit is enforceable to the extent that it provides for—

  2. the allocation to 1 or more fishing sectors in preference to any other fishing sector of access to any fisheries resources in the coastal marine area; or
    1. the conferral on any fisher of a right to occupy any land in the coastal marine area or any related part of the coastal marine area, if the right to occupy would exclude any other fisher from fishing in any part of the coastal marine area.

      1. Subsection (1) does not—

      2. prevent a regional council from taking into account the effects of aquaculture activities on fishing or fisheries resources when carrying out its functions under section 30(1)(d) of the Resource Management Act 1991; or
        1. prevent any coastal permit authorising aquaculture activities from being granted.

          1. In this section,—

            fishing sector means—

            1. commercial fishers:
              1. recreational fishers:
                1. Maori non-commercial customary fishers:
                    1. other fishers authorised under this Act to take fish, aquatic life, or seaweed

                      occupy has the same meaning as in section 2(1) of the Resource Management Act 1991.

                      1. Repealed
                      Notes
                      • Section 6 heading: amended, on , by section 6 of the Resource Management (Natural and Built Environment and Spatial Planning Repeal and Interim Fast-track Consenting) Act 2023 (2023 No 68).
                      • Section 6(1): amended, on , by section 6 of the Resource Management (Natural and Built Environment and Spatial Planning Repeal and Interim Fast-track Consenting) Act 2023 (2023 No 68).
                      • Section 6(2): substituted, on , by section 5(1) of the Fisheries Amendment Act 2011 (2011 No 68).
                      • Section 6(2)(a): amended, on , by section 6 of the Resource Management (Natural and Built Environment and Spatial Planning Repeal and Interim Fast-track Consenting) Act 2023 (2023 No 68).
                      • Section 6(3) fishing sector paragraph (d): repealed, on , by section 5(2) of the Fisheries Amendment Act 2011 (2011 No 68).
                      • Section 6(3) occupy: amended, on , by section 6 of the Resource Management (Natural and Built Environment and Spatial Planning Repeal and Interim Fast-track Consenting) Act 2023 (2023 No 68).
                      • Section 6(4): repealed, on , by section 5(3) of the Fisheries Amendment Act (No 3) 2004 (2004 No 104).