Plain language law

New Zealand law explained for everyone

Fisheries Act 1996

Sustainability measures

14A: Alternative total allowable catch for stocks specified by Order in Council

You could also call this:

"A special rule to change how many fish can be caught to help keep fish stocks healthy"

Illustration for Fisheries Act 1996

The Governor-General can make an Order in Council to change the total allowable catch for some fish stocks. You need to know that this happens when the Minister recommends it, with the Environment Minister's agreement, as stated in the Environment Act 1986. The Minister can only make this recommendation if most quota owners agree to it. The quota owners who propose the change must say what concerns other owners have and how they will address them. They must also think about things like researching the impact on the fish stock and making sure the aquatic environment is safe. The Minister must consider whether closing some areas to fishing would help the stock and whether the change would harm the environment. The Minister can only recommend the change if they think it will be good for the fish stock and the environment. They must also think about whether the change will affect people who fish for fun, as stated in section 13. The Minister must make sure the fish stock will still be healthy in the long term. An Order in Council is a type of law, as explained in Part 3 of the Legislation Act 2019. You can find more information about this in the legislation. The Governor-General makes this Order in Council to help manage fish stocks sustainably.

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 It might be out of date or be missing some parts.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

This page was last updated on

View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM395518.

Topics:
Environment and resources > ConservationEnvironment and resources > Farming and fishing
Previous

14: Alternative total allowable catch for stock specified in Schedule 3, or

"The Minister can set a special catch limit for some fish stocks in New Zealand."

Next

14B: Alternative total allowable catch for certain stocks, or

"The Minister sets a safe catch limit for some fish to help them survive."

Part 3Sustainability measures

14AAlternative total allowable catch for stocks specified by Order in Council

  1. The Governor-General may from time to time, by Order in Council made on the recommendation of the Minister with the concurrence of the Minister responsible for the administration of the Environment Act 1986, apply section 14B to the quota management stock or stocks specified in the order.

  2. No recommendation relating to any stock may be made under subsection (1) unless quota owners (proposers) who hold in the aggregate at least 95 000 000 quota shares in that stock propose to the Minister that he or she recommend the making of an Order in Council under subsection (1).

  3. A proposal made under subsection (2) must—

  4. specify the concerns (if any) of the quota owners who do not support the proposal; and
    1. specify what arrangements are in place to address those concerns; and
      1. address the matters specified in subsection (4).

        1. In considering making a recommendation under subsection (1), the Minister must have regard to the following:

        2. the need to commission appropriate research to assess the impact of the order on the stock; and
          1. the need to implement measures to improve the quality of information about the stock; and
            1. whether it is appropriate to close areas to commercial fishing to reduce any sustainability risk to that stock; and
              1. the need to avoid any significant adverse effects on the aquatic environment of which the stock is a component.

                1. No recommendation may be made under subsection (1) in relation to a proposal made under subsection (2) unless the Minister is satisfied that—

                2. the stock is taken primarily as an incidental catch during the taking of 1 or more other stocks and is only a small proportion of the combined catch of the stock and other stock or stocks; and
                  1. the total benefits of managing the stock at a level other than that permitted under section 13 outweigh the total costs; and
                    1. managing the stock at a level other than that permitted under section 13 will have no detrimental effects on non-commercial fishing interests in that stock; and
                      1. the stock is able to be maintained above a level that ensures its long-term viability; and
                        1. the purpose of the Act would be better achieved by setting a total allowable catch otherwise than in accordance with section 13.

                          1. An order under this section is secondary legislation (see Part 3 of the Legislation Act 2019 for publication requirements).

                          Notes
                          • Section 14A: inserted, on , by section 8 of the Fisheries Act 1996 Amendment Act 1999 (1999 No 101).
                          • Section 14A(6): inserted, on , by section 3 of the Secondary Legislation Act 2021 (2021 No 7).