5Interpretation

1. In this Act, unless the context otherwise requires,—

   aircraft has the same meaning as in section 5 of the Civil Aviation Act 2023

   aquaculture activity means any activity carried out for the purpose of breeding, hatching, cultivating, rearing, or ongrowing fish, aquatic life, or seaweed for harvest

   aquatic life has the same meaning as in section 2(1) of the Fisheries Act 1996

   biodiversity objectives has the meaning given in section 6

   bottom longlining—

   1. means the use of a line—
      1. to which 7 or more hooks (whether baited or not) are attached; and
      2. that is sunk using weights; but
   2. does not include the use of a handline

   commercial fisher has the same meaning as in section 2(1) of the Fisheries Act 1996

   customary fishing means fishing carried out in accordance with—

   1. regulations made under section 186 of the Fisheries Act 1996; or
   2. regulations made under section 297 of the Fisheries Act 1996 for the purpose of section 10 of the Treaty of Waitangi (Fisheries Claims) Settlement Act 1992

   customary marine title has the same meaning as in section 9(1) of the Marine and Coastal Area (Takutai Moana) Act 2011

   Danish seine net means a net or part of a net (including a warp, rope, chain, material, or device used in conjunction with, or attached to, the net) that—

   1. has a buoyancy system on the top edge; and
   2. is weighted on the bottom edge; and
   3. is operated without the use of a horizontal net-opening device by surrounding fish and being drawn over the seabed, or through waters, to 1 or more vessels

   Danish seining means use of a Danish seine net

   department means the department of State that, with the authority of the Prime Minister, is responsible for the administration of this Act

   Director-General means the Director-General of the department

   dredge—

   1. means a device towed on or over, or capable of being towed on or over, the seabed; and
   2. includes a box dredge or ring device

   dredging means use of a dredge

   exploration has the same meaning as in section 2(1) of the Crown Minerals Act 1991

   fish has the same meaning as in section 2(1) of the Fisheries Act 1996

   fishing has the same meaning as in section 2(1) of the Fisheries Act 1996

   grey mullet means a fish of the species Mugil cephalus

   Hauraki Gulf / Tīkapa Moana—

   1. means the coastal marine area on the east coast of—
      1. the Auckland Region, as constituted by the Local Government (Auckland Region) Reorganisation Order 1989, Gazette Vol III 1989, p 2247; and
      2. the Waikato Region, as constituted by the Local Government (Waikato Region) Reorganisation Order 1989, Gazette Vol III 1989, p 2460; and
   2. includes estuaries and the tidal parts of rivers and creeks on the east coast of the Auckland Region and the east coast of the Waikato Region

   high protection area means an area declared to be a high protection area under section 20

   infringement fee, in relation to an infringement offence, means the infringement fee for the offence specified in the regulations

   infringement offence means an offence identified in this Act or the regulations as being an infringement offence

   kahawai means a fish of the species Arripis trutta

   London Convention means the Convention on the Prevention of Marine Pollution by Dumping of Wastes and Other Matter (1972)

   marine reserve means an area declared to be a marine reserve under section 13

   mining has the same meaning as in section 2(1) of the Crown Minerals Act 1991

   mining activity means mining, exploration, or prospecting

   Minister means the Minister of the Crown who, under the authority of a warrant or with the authority of the Prime Minister, is responsible for the administration of this Act

   permit means a permit granted under section 37 authorising a person to undertake a prohibited activity within a seafloor protection area or high protection area

   permit holder, in relation to a permit, means the person who has been granted a permit under section 37 or to whom a permit has been transferred under section 42

   potting—

   1. means the use of any pot, whether baited or not, that is capable of catching fish or aquatic life; and
   2. includes the use of any other device capable of catching, holding, or storing rock lobsters

   prospecting has the same meaning as in section 2(1) of the Crown Minerals Act 1991

   protected customary right has the same meaning as in section 9(1) of the Marine and Coastal Area (Takutai Moana) Act 2011

   purse seine net or lampara net means a net that is operated from a vessel to encircle fish and that is drawn together at the bottom to enclose the fish

   ranger means a ranger appointed or treated as if they were appointed under section 43 or 44

   regulations means regulations made under any of sections 72 to 74

   ring net—

   1. means a net that—
      1. is operated from a vessel in the following manner:
         1. a net is laid to surround (whether fully or partially) a school of fish; and
         2. once the fish are surrounded, a vessel or some other means is used to scare the fish into the net; and
      2. has a buoyancy system on the top edge and is weighted on the bottom edge; but
   2. does not include—
      1. a Danish seine net:
      2. a purse seine net or lampara net:
      3. a trawl net

   ring net fishing means use of a ring net for fishing

   sand extraction means the taking or extraction of sand from the seabed or subsoil

   seafloor protection area means an area declared to be a seafloor protection area under section 16

   seaweed has the same meaning as in section 2(1) of the Fisheries Act 1996

   set net—

   1. includes a gill net, ring net, or other sort of net that acts by enmeshing, entrapping, or entangling fish; but
   2. does not include a fyke net or hīnaki

   set netting means use of a set net

   ship has the same meaning as in section 2(1) of the Maritime Transport Act 1994

   structure—

   1. means any building, equipment, or device; and
   2. includes an offshore installation, an artificial island, a floating platform, or a submarine pipeline

   submarine cable has the same meaning as in section 2 of the Submarine Cables and Pipelines Protection Act 1996

   trawl net means any net or part of a net (including any warp, rope, chain, material, or device used in conjunction with or attached to the net, but not including a Danish seine net) that—

   1. has a buoyancy system on the top edge; and
   2. is weighted on the bottom edge; and
   3. is operated by being drawn over the seabed or through any waters by 1 or more vessels underway

   trawling means use of a trawl net

   Treaty settlement means—

   1. a Treaty settlement Act; or
   2. a Treaty settlement deed

   Treaty settlement Act means—

   1. an Act listed in Schedule 3 of the Treaty of Waitangi Act 1975; or
   2. any other Act that provides redress for Treaty of Waitangi claims, including Acts that provide collective redress or participation arrangements for claimant groups whose claims are, or are to be, settled by another Act, including—
      1. the Maori Commercial Aquaculture Claims Settlement Act 2004:
      2. the Treaty of Waitangi (Fisheries Claims) Settlement Act 1992 and secondary legislation that gives effect to section 10 of that Act and is made under Part 9 of the Fisheries Act 1996

   Treaty settlement deed—

   1. means a deed or other agreement that—
      1. has been signed by or on behalf of a Minister of the Crown and representatives of a group of Māori; and
      2. is in settlement of the claims of that group or in express anticipation, or on account, of that settlement; and
   2. to avoid doubt, includes a deed or other agreement of the kind described in paragraph (a) that relates to the claims of a collective or combination of Māori groups; but
   3. does not include an agreement in principle or any document that is preliminary to a signed and ratified deed

   trevally means a fish of the species Pseudocaranx dentex (previously known as Caranx georgianus).