Fisheries Act 1996

Access to fishery - Fishing permits

89B: Exemption relating to protected customary rights

You could also call this:

"No permit needed for fishing at protected customary rights sites"

Illustration for Fisheries Act 1996

You do not need a fishing permit to take fish, aquatic life, or seaweed if you take it from a site where fish farming is happening under a protected customary rights order or an agreement. You must have lawfully acquired and transferred the fish, aquatic life, or seaweed to that site and grown, bred or cultivated it there, following the protected customary rights order or agreement. This rule is an exception to section 89(1).

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM396920.


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Part 6Access to fishery
Fishing permits

89BExemption relating to protected customary rights

  1. Section 89(1) does not apply to the taking of fish, aquatic life, or seaweed if—

  2. the fish, aquatic life, or seaweed is taken from a site at which fish farming is being undertaken under a protected customary rights order or an agreement; and
    1. the fish, aquatic life, or seaweed has been lawfully acquired and transferred to that site and ongrown, or bred or cultivated at that site, in accordance with the protected customary rights order or an agreement.
      Notes
      • Section 89B: inserted, on , by section 6 of the Fisheries Amendment Act (No 3) 2004 (2004 No 104).
      • Section 89B heading: amended, on , by section 128 of the Marine and Coastal Area (Takutai Moana) Act 2011 (2011 No 3).
      • Section 89B(a): amended, on , by section 128 of the Marine and Coastal Area (Takutai Moana) Act 2011 (2011 No 3).
      • Section 89B(b): amended, on , by section 128 of the Marine and Coastal Area (Takutai Moana) Act 2011 (2011 No 3).