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Fisheries Act 1996

Aquaculture - Fish farmers

186Q: Exemptions

You could also call this:

"When You Don't Have to Follow the Rules for Fish Farming"

Illustration for Fisheries Act 1996

The chief executive can grant you an exemption for aquaculture. You can get an exemption for fish farming if you meet certain conditions. The chief executive decides who gets an exemption. The chief executive looks at things like the size of your fish farm and what you plan to farm. They also think about what you will do with the fish or seaweed you farm. You might need to apply for the exemption and pay a fee. The chief executive can change or cancel an exemption if they need to. They must give you a chance to say what you think before they make any changes. You can find out more about how notices are published by looking at Part 3 of the Legislation Act 2019. The chief executive can grant exemptions to individuals or groups of people. They can also grant exemptions for different types of fish farming. Exemptions can have conditions attached to them.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM398320.

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Environment and resources > Farming and fishingBusiness > Industry rules
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186P: Restriction on fish farming, or

"Rules for fish farming in New Zealand"

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186R: Applications to register as fish farmer, or

"How to apply to be a fish farmer in New Zealand"

Part 9AAquaculture
Fish farmers

186QExemptions

  1. The chief executive may grant an exemption for the purposes of section 186P(1)(b) as follows:

  2. for an exemption granted only to 1 or more named persons, by notice in the Gazette:
    1. for any other exemption, by notice published in accordance with subsection (9).

      1. In deciding whether to grant an exemption, the chief executive must have regard to—

      2. the scale of the fish farmer's proposed fish farming operations, including the number of sites and the quantity of fish, aquatic life, or seaweed involved; and
        1. the species of the fish, aquatic life, or seaweed proposed to be farmed; and
          1. the use to which the farmed fish, aquatic life, or seaweed is to be put; and
            1. any other fishing related operations carried out or proposed to be carried out by the fish farmer; and
              1. any other matter that the chief executive considers relevant.

                1. An exemption may be granted on such terms and conditions as the chief executive thinks fit.

                2. An exemption may be granted—

                3. to 1 or more persons or classes of persons; and
                  1. for fish farming generally or 1 or more different types of fish farming.

                    1. However, the chief executive may grant an exemption to a specified fish farmer only if the fish farmer has—

                    2. applied to the chief executive on the approved form for the exemption; and
                      1. paid to the chief executive the prescribed fee (if any).

                        1. The chief executive may amend, add, or revoke any term or condition in the exemption, or revoke the exemption, as follows:

                        2. for an exemption granted only to 1 or more named persons, by notice in the Gazette:
                          1. for any other exemption, by notice published in accordance with subsection (9).

                            1. The chief executive must not do anything under subsection (6) unless the chief executive has provided the holders of the exemption with a reasonable opportunity to make submissions on the matter.

                            2. Anything done under subsection (6) takes effect on and from the date specified for that purpose in the notice.

                            3. A notice under subsection (1)(b) or (6)(b) is secondary legislation (see Part 3 of the Legislation Act 2019 for publication requirements).

                            Notes
                            • Section 186Q: inserted, on , by section 8 of the Fisheries Amendment Act (No 3) 2004 (2004 No 104).
                            • Section 186Q(1): replaced, on , by section 3 of the Secondary Legislation Act 2021 (2021 No 7).
                            • Section 186Q(6): replaced, on , by section 3 of the Secondary Legislation Act 2021 (2021 No 7).
                            • Section 186Q(9): inserted, on , by section 3 of the Secondary Legislation Act 2021 (2021 No 7).