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Natural Environment Bill

Combined plan and other matters - National environment plans - Fishing and aquaculture

113: Requirements for rules that control fishing

You could also call this:

"Rules for Controlling Fishing in New Zealand's Coastal Waters"

Illustration for Natural Environment Bill

The new law says rules about fishing must follow certain guidelines. You need to know these rules apply to fishing in the coastal marine area. A regional council can make rules about fishing, but they must follow these guidelines. The council must include the fishing rules in the plan when they ask for feedback. They can also make rules that apply to certain areas. But they can only make small changes to the area boundaries after they ask for feedback. If a council makes a rule about fishing, it cannot say that fishing is allowed or not allowed without good reason. The rule can say that fishing is not allowed in a certain area. It can also say that fishing is allowed in an area, but only if it is an exception to another rule.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=LMS1527051.

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Topics:
Environment and resources > Farming and fishingEnvironment and resources > Town planningGovernment and voting > Local councils
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112: Review of provisions in natural environment plan at least every 10 years, or

"Checking and updating natural environment rules every 10 years"

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114: Rules that control fishing do not apply to Māori customary non-commercial fishing rights in specified legislation, or

"Māori can keep their traditional fishing rights, and fishing rules don't apply to them."

Part 3Combined plan and other matters
National environment plans: Fishing and aquaculture

113Requirements for rules that control fishing

  1. This section applies to rules that control fishing within the coastal marine area.

  2. A regional council must not include a rule in a plan that controls fishing within the coastal marine area unless—

  3. the rule is included in the proposed plan when it is notified for submissions; or
    1. the rule applies within an area to which a rule described in paragraph (a) applies.

      1. However, a regional council may, after a proposed plan is notified for submissions, make minor adjustments to the boundaries of an area to which a rule that controls fishing in the coastal marine area applies.

      2. If a regional council includes a rule in a plan that controls fishing in the coastal marine area,—

      3. the rule must not classify fishing as a restricted discretionary or discretionary activity:
        1. the rule may classify fishing as a prohibited activity in an area:
          1. the rule may classify fishing as a permitted activity in an area only if it is an exception to a rule made under paragraph (b) that applies to the area.