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Fisheries Act 1996

Access to fishery - Special permits

97: Special permits

You could also call this:

"Getting a special permit to do things that are not normally allowed when fishing"

Illustration for Fisheries Act 1996

You can get a special permit to do things that are not normally allowed. The chief executive can give you a special permit for education, research, or to manage unwanted aquatic life. You can also get a permit for sport or recreation if you are disabled. You might get a permit to try out new fishing gear or techniques. The chief executive will consider your application and may talk to other people before making a decision. They will think about how your actions might affect the environment and the fishing industry. If you get a special permit, you must follow the rules that come with it. You can only dispose of fish, aquatic life, or seaweed in the way specified in your permit. The chief executive can change or cancel your permit at any time. It is okay to buy or possess fish, aquatic life, or seaweed that someone with a special permit has disposed of. However, the chief executive cannot give permits for seabirds or protected species. If you break the rules of your special permit, you can get in trouble and have to pay a penalty, as stated in section 252(5). The chief executive can revoke your special permit at any time. You must always follow the rules and conditions of your permit. If you do not, you might commit an offence, as stated in section 252(5), and have to pay a penalty.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM396952.

Topics:
Environment and resources > Farming and fishingMoney and consumer rights > Consumer protection
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"What happens if your fishing permit is cancelled"

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"Records of Fishing Information"

Part 6Access to fishery
Special permits

97Special permits

  1. The chief executive may, on application made to the chief executive in the approved form, issue to any person named in the application a special permit—

  2. for the purposes of—
    1. education; or
      1. investigative research; or
        1. management or eradication of unwanted aquatic life; or
          1. the carrying out of trials and experiments with fishing vessels or fishing gear or any other apparatus or technique that is capable of being used in connection with the taking of fish, aquatic life, or seaweed:
          2. for the purposes of sport or recreation in the case of any disabled person within the meaning of the Disabled Persons Employment Promotion Act 1960 who, in the opinion of the chief executive, would otherwise be unable, because of the person's disability, to fish by the methods permitted by this Act:
            1. for any other purpose approved by the Minister after consultation with such persons and organisations as he or she considers are representative of those classes of persons having an interest in the granting of a special permit for such a purpose, including Maori, environmental, commercial, and recreational interests.

              1. If the issuing of any special permit will have a significant effect on fisheries resources or any fishing interest in the stocks affected that are provided for or authorised by or under this Act, the chief executive shall, before issuing such a permit, consult with such persons and organisations as the chief executive considers are representative of those classes of persons having interests that would be affected if the special permit were issued.

              2. In considering any application for a special permit, other than for the purpose of the management or eradication of any unwanted aquatic life, the chief executive shall take into account the purpose of this Act and the environmental and information principles.

              3. Notwithstanding anything in any other section of this Act, the chief executive may authorise the holder of a special permit to take and dispose of fish, aquatic life, or seaweed subject to such terms and conditions as the chief executive may set out in the permit.

              4. The chief executive may at any time, by notice in writing to the special permit holder, amend, add, or revoke any term or condition of a special permit issued under this section, which term or condition shall take effect from a date specified in the notice.

              5. It shall be deemed to be a term of every special permit that no fish, aquatic life, or seaweed taken under the authority of the permit shall be disposed of except in the manner specified in the special permit.

              6. Notwithstanding anything in section 192, it is lawful for any person to buy, or otherwise acquire, or be in possession of, any fish, aquatic life, or seaweed disposed of to that person by the holder of any special permit in the manner specified in that permit.

              7. The chief executive may at any time revoke any special permit by notice in writing to the holder, which revocation shall take effect from a date specified in the notice.

              8. The chief executive shall not issue a special permit in respect of any seabirds or protected species.

              9. Repealed

              10. Every person commits an offence and is liable to the penalty set out in section 252(5) who contravenes any term or condition placed on any special permit by or under this section.

              Compare
              • 1983 No 14 s 64
              • 1986 No 34 s 13(1)
              Notes
              • Section 97(10): repealed (without coming into force), on , by section 86 of the Fisheries Act 1996 Amendment Act 1999 (1999 No 101).