Fisheries Act 1996

Sustainability measures

12: Consultation

You could also call this:

"Having a say in fishing decisions that affect you"

When the Minister is going to make a decision about sustainability measures, you will be consulted if you have an interest in the fish stock or the effects of fishing on the aquatic environment. The Minister will talk to people who represent different groups, including Maori, environmental, commercial, and recreational interests. You will have the chance to give your input and participate in the decision-making process, especially if you are tangata whenua with a non-commercial interest in the stock or an interest in the effects of fishing on the environment. After the Minister makes a decision, you will be given written reasons for that decision as soon as possible, but this does not apply in emergency situations as outlined in section 16.

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This page was last updated on 12 November 2025

View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM395504.

Topics:

Environment and resources > ConservationEnvironment and resources > Farming and fishingMāori affairs > Treaty of WaitangiGovernment and voting > Government departments

11A: Fisheries plans, or

"Rules to Help Manage Fishing in New Zealand"

13: Total allowable catch, or

"The Minister sets a limit on how many fish can be caught to keep fish stocks healthy."

Part 3Sustainability measures

12Consultation

Before doing anything under any of sections 11(1), 11(4), 11A(1), 13(1), 13(4), 13(7), 14(1), 14(3), 14(6), 14B(1), 15(1), and 15(2) or recommending the making of an Order in Council under section 13(9) or section 14(8) or section 14A(1), the Minister shall—
consult with such persons or organisations as the Minister considers are representative of those classes of persons having an interest in the stock or the effects of fishing on the aquatic environment in the area concerned, including Maori, environmental, commercial, and recreational interests; and
provide for the input and participation of tangata whenua having—and have particular regard to kaitiakitanga.
1. a non-commercial interest in the stock concerned; or
2. an interest in the effects of fishing on the aquatic environment in the area concerned—

After setting or varying any sustainability measure, or after approving, amending, or revoking any fisheries plan, the Minister shall, as soon as practicable, give to the parties consulted in accordance with subsection (1) reasons in writing for his or her decision.
This section does not apply in respect of emergency measures under section 16.

Notes

Section 12(1): amended, on 9 September 1999, by section 7(1)(a) of the Fisheries Act 1996 Amendment Act 1999 (1999 No 101).
Section 12(1): amended, on 9 September 1999, by section 7(1)(b) of the Fisheries Act 1996 Amendment Act 1999 (1999 No 101).
Section 12(1): amended, on 9 September 1999, by section 7(1)(c) of the Fisheries Act 1996 Amendment Act 1999 (1999 No 101).
Section 12(2): amended, on 9 September 1999, by section 7(2) of the Fisheries Act 1996 Amendment Act 1999 (1999 No 101).