Part 3Sustainability measures
16Emergency measures
If satisfied that there is or has been—
- an outbreak of disease; or
- a serious decline in the abundance or reproductive potential of 1 or more stocks or species; or
- a significant adverse change in the aquatic environment,—
Before giving notice under subsection (1), the Minister shall, to the extent reasonably practicable in the circumstances, consult such persons or organisations as the Minister considers are representative of the classes of persons having an interest in the stock or area affected, including Maori, environmental, commercial, and recreational interests.
An emergency measure under this section may be in force for a period not exceeding 3 months and, after consultation by the Minister with such persons or organisations as the Minister considers are representative of those classes of persons having an interest in any stock or area affected, including Maori, environmental, commercial, and recreational interests, may be renewed once only for a further period not exceeding 9 months.
This section does not empower the Minister to reduce or cause to be reduced during the fishing year to which it relates any total allowable catch set under section 13 or section 14.
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Repealed Every person commits an offence and is liable to the penalty set out in section 252(5) who contravenes any emergency measure imposed under this section.
For the purposes of this section, the term emergency measures means 1 or more of the following:
- closing any area by prohibiting the harvesting of all or any fish, aquatic life, or seaweed in that area:
- restricting the methods that may be used to take any fish, aquatic life, or seaweed in any area:
- restricting the taking of any fish, aquatic life, or seaweed in any area by reference to the size, sex, or biological state of that fish, aquatic life, or seaweed and, for that purpose, setting or altering limits in respect of the size, sex, or biological state of any fish, aquatic life, or seaweed:
- setting or altering the fishing season for any stock in any area:
- imposing reporting requirements for any stock, area, or fishing method that are additional to reporting requirements for the time being in force under any other provision of this Act:
- requiring the disposal of any fish, aquatic life, or seaweed in a specified manner.
A notice under subsection (1) is secondary legislation (see Part 3 of the Legislation Act 2019 for publication requirements).
Notes
- Section 16(1): amended, on , by section 3 of the Secondary Legislation Act 2021 (2021 No 7).
- Section 16(5): repealed, on , by regulation 22 of the Legislation Act (Amendments to Legislation) Regulations 2021 (LI 2021/247).
- Section 16(8): inserted, on , by section 3 of the Secondary Legislation Act 2021 (2021 No 7).


