14I Procedure for preparation and approval of population management plans
  • (1) Population management plans shall be prepared and approved as follows:

    • (a) the Director-General shall prepare every population management plan in consultation with every Conservation Board affected by the proposal and with such persons as the Director-General considers are representative of those classes of persons interested in the plan, including such persons or organisations as the Director-General considers are representative of Maori, environmental interests, commercial interests, and recreational interests:

    • (b) the Director-General shall then publish notice of the draft plan at least once in each of the daily newspapers published in Auckland, Wellington, Christchurch, and Dunedin, respectively:

    • (c) every notice under paragraph (b) shall—

      • (i) state that the draft plan is available for inspection at the places and times specified in the notice; and

      • (ii) call upon persons or organisations interested to lodge with the Director-General submissions on the draft before the date specified for the purpose in the notice, being a date not less than 40 working days after the date of the publication of the notice; and

      • (iii) require any person who wishes to be heard in support of the person's submission to so advise the Director-General:

    • (d) any person or organisation may make written submissions to the Director-General on any draft plan, at the place and before the date specified for the purpose in the notice:

    • (e) from the time of publication of a draft plan until public opinion on it has been made known to the Director-General, he or she shall make the draft available for public inspection during normal office hours, in such places and quantities as are likely to encourage public participation in the development of the proposal:

    • (f) the Director-General shall give every person or organisation who or which, in making submissions on the draft, asked to be heard in support of his or her or its comments a reasonable opportunity of appearing before the Director-General or the Director-General's representative or representatives:

    • (g) the Director-General, or his or her representative or representatives, may hear submissions from any other person or organisation consulted on the draft:

    • (h) the Director-General shall prepare a summary of the submissions received on the draft and public opinion made known on the draft:

    • (i) after considering such submissions and public opinion, the Director-General may revise the draft:

    • (j) the Director-General shall send to the Minister of Fisheries and to the New Zealand Conservation Authority a copy of the summary prepared under paragraph (h) together with a copy of the draft plan:

    • (k) the New Zealand Conservation Authority shall consider the summary of submissions and the draft plan and send to the Minister and the Director-General any comments on the draft:

    • (l) the Director-General, after having regard to any comments received under paragraph (k),—

      • (i) may amend the draft:

      • (ii) shall send to the Minister the summary prepared under paragraph (h) together with a copy of the draft plan:

    • (m) after having regard to—

      • (ii) all submissions made on the draft plan; and

      • (iii) such other matters as the Minister considers relevant,—

      the Minister may approve the plan subject to the concurrence of the Minister of Fisheries and refer it to that Minister for concurrence:

    • (n) the Minister of Fisheries may concur to the draft plan after having regard to the impacts of implementing the maximum allowable level of fishing-related mortality on commercial fishing and such other matters as that Minister considers relevant:

    • (o) the Minister, with the concurrence of the Minister of Fisheries, may approve the plan:

    • (p) the approved plan shall be available for public inspection at the head office of the Department of Conservation at such times as may be specified in the notice given in respect of the plan under subsection (2).

    (2) The Director-General shall, by notice in the Gazette, specify—

    • (a) the species to which the approved plan relates; and

    • (b) the maximum allowable level of fishing-related mortality specified in the approved plan; and

    • (c) the times at which the approved plan is available for public inspection at the head office of the Department of Conservation.

    (3) Any approved plan may be amended, and paragraph (a) and paragraphs (l) to (p) of subsection (1) and subsection (2) shall apply to every such amendment with any necessary modifications.

    Section 14I: inserted, on 1 October 1996, by section 316(1) of the Fisheries Act 1996 (1996 No 88).