25Alteration of quota management areas

1. The Governor-General may from time to time, by Order in Council made on the recommendation of the Minister,—

2. alter a quota management area or quota management areas—
   1. by dividing an area into smaller quota management areas; or
   2. by amalgamating a quota management area (or defined area or areas within a quota management area) with any adjoining quota management areas (or defined area or areas within any adjoining quota management area); or
   3. by dividing a multi-species stock into 2 or more stocks; or
   4. by amalgamating 2 or more quota management stocks; or
   5. by doing any combination of those things:
3. in relation to quota for squid in a quota management area being altered under this section, remove any method restriction applying to that quota:
4. amend Schedule 1 by adding a description of any new quota management area or quota management areas created as a result of an alteration under paragraph (a).

5. The Minister may make a recommendation under subsection (1) if—

6. the Minister complies with section 25A and quota owners who hold in the aggregate not fewer than 75 000 000 quota shares for any stock that would be affected by the proposed alteration have requested the Minister to make such a recommendation; or
7. the Minister complies with section 25B, in which case a request specified in paragraph (a) is not required.

8. Before recommending the alteration of any quota management area under subsection (1), the Minister must—

9. have regard to—
   1. non-commercial fishing interests in the affected area; and
   2. the biological characteristics of each stock that would be affected by the recommendation; and
   3. such other matters as the Minister considers relevant; and
10. consult the persons and organisations considered by the Minister to be representative of those classes of persons having an interest in the relevant quota management area, including Maori, recreational, commercial, and environmental interests; and
11. provide for the input and participation of tangata whenua who have—
    1. a non-commercial interest in the stock or stocks concerned; or
    2. an interest in the effects of fishing on the aquatic environment in the area or areas concerned; and
12. for the purpose of paragraph (c), have particular regard to kaitiakitanga.

13. The Minister's recommendation under subsection (1) must reflect what is in the quota owners' agreement referred to in section 25A, or in the plan referred to in section 25B, as the case may be.

14. Every Order in Council made under subsection (1)—

15. comes into force on the commencement of the first day of the fishing year to which it relates; and
16. must be made no fewer than 90 days before it comes into force.

17. When an Order in Council is made under subsection (1), the chief executive must ensure that—

18. a memorial is recorded in the appropriate register against all quota for any stock affected by the alteration; and
19. the memorial is to the effect that the stock will be affected by the alteration.

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