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Fisheries Act 1996

Aquaculture - Fish farmers

186S: Decision on application

You could also call this:

"The chief executive decides whether to approve or decline your fish farm application."

Illustration for Fisheries Act 1996

The chief executive must decide whether to approve or decline your application to register as a fish farmer. You need a resource consent or certificate of compliance under the Resource Management Act 1991 to use the space for aquaculture activities. The chief executive may decline your application if you have been convicted of a fisheries offence in the last five years. The chief executive can approve your application, but with conditions, if you have been convicted of a fisheries offence. These conditions might include what species of fish you can farm or how you must operate the fish farm. The chief executive can also impose conditions about recordkeeping, reporting, and labelling. The chief executive's decision is based on whether you meet the requirements of the Act. You must comply with the conditions of your registration if your application is approved. The chief executive's conditions can include who can be involved in the operations of the fish farm.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM398324.

Topics:
Environment and resources > Farming and fishingBusiness > Industry rules
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186R: Applications to register as fish farmer, or

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

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186T: Section 186S subject to sections 30 and 31 of Aquaculture Reform (Repeals and Transitional Provisions) Act 2004, or

"Following Section 186S with some conditions from another law"

Part 9AAquaculture
Fish farmers

186SDecision on application

  1. The chief executive must grant or decline an application to register a fish farmer.

  2. The chief executive must decline an application if—

  3. the chief executive is not satisfied that—
    1. the applicant has a resource consent or certificate of compliance under the Resource Management Act 1991 to use the space concerned for aquaculture activities; or
      1. the applicant has the consent of a person who has a resource consent or certificate of compliance under the Resource Management Act 1991 to use the space concerned for aquaculture activities; or
      2. the applicant does have a resource consent or certificate of compliance under the Resource Management Act 1991, but the species of fish authorised to be farmed under the consent or certificate is different from the species of fish that the application relates to; or
        1. the applicant proposes to farm a species and the farming of the species would contravene another enactment.

          1. The chief executive may decline an application if the applicant has been convicted within the 5 years immediately preceding the application of an offence involving fish, aquatic life, or seaweed.

          2. The chief executive may grant an application from an applicant specified in subsection (3), but only if the registration of the fish farmer is made subject to conditions that the chief executive considers necessary or desirable to ensure that the requirements of this Act are complied with.

          3. Without limiting the conditions that may be imposed under subsection (4), the chief executive may impose conditions relating to 1 or more of the following:

          4. the species of fish, aquatic life, or seaweed that may be farmed:
            1. the processes and systems (including recordkeeping, reporting, storage, and labelling) that the applicant must use in operating the fish farm:
              1. the involvement in the operations of the fish farm of any person convicted of a fisheries offence.

                Notes
                • Section 186S: inserted, on , by section 8 of the Fisheries Amendment Act (No 3) 2004 (2004 No 104).
                • Section 186S(2)(a)(i): amended, on , by section 6 of the Resource Management (Natural and Built Environment and Spatial Planning Repeal and Interim Fast-track Consenting) Act 2023 (2023 No 68).