There is hereby established an authority to be called the New Zealand Conservation Authority.

The functions of the Authority shall be—

The Authority shall have such other functions as are conferred on it by or under this Act or any other Act.

The Authority shall have all such powers as are reasonably necessary or expedient to enable it to carry out its functions.

Without limiting the generality of subsection (1) of this section, the Authority may—

In exercising powers other than advocacy or investigative powers, the Authority shall have regard to any views expressed in writing by the Minister and addressed to the Authority.

Notwithstanding subsection (2)(b) of this section, the Authority shall not release its annual report for public information until it has been laid before the House of Representatives.

The power conferred by subsection (2)(c) of this section shall include the right to appear before courts and tribunals in New Zealand and be heard on matters affecting or relating to the Authority’s functions.

The members of the Authority shall be appointed by the Minister having regard to the interests of conservation, natural earth and marine sciences, and recreation, and the Authority shall consist of—

Every notice required by subsection (1)(g) of this section shall—

Every appointment of a member of the Authority shall be made by notice published in the Gazette, and shall take effect from the date of such notice or such later date as may be specified in the notice.

No person employed by the Department shall be eligible for appointment as a member of the Authority.

The Authority shall in each year make a report to the Minister on the exercise of its powers and functions.

A copy of the annual report shall be laid by the Minister before the House of Representatives as soon as practicable after it has been received by that Minister.

Subject to subsections (2) to (5) of this section, every member of the Authority shall hold office for such term, not exceeding 3 years, as the Minister shall specify in the notice of appointment, and may from time to time be reappointed.

Any member of the Authority may at any time be removed from office by the Minister for bankruptcy, disability, neglect of duty, or misconduct.

Any member of the Authority may at any time resign his or her office by writing addressed to the Minister.

If any member of the Authority dies, resigns, or is removed from office, the vacancy so created shall be filled in the manner in which the appointment to the vacant office was originally made, and the person so appointed shall be appointed for the residue of the term for which the vacating member was appointed.

Unless a member sooner dies, resigns, or is removed from office, every member of the Authority shall continue in office until that member’s successor comes into office, notwithstanding that the term for which that member was appointed may have expired.

The Minister shall, by the notice appointing the members of the Authority or by a subsequent notice published in the Gazette, appoint one of the members to be Chairperson of the Authority for the term of that member’s appointment or for such lesser period as the Minister thinks fit.

The Chairperson shall preside at all meetings of the Authority at which he or she is present.

If the Chairperson is absent from any meeting of the Authority, the members present shall appoint one of their number to be the Chairperson of that meeting.

Meetings of the Authority shall be held at such times and places as the Authority or the Chairperson from time to time appoints.

A special meeting shall be called by the Chairperson whenever 3 or more members so request in writing.

At any meeting of the Authority, a majority of the members in office shall form a quorum, and no business shall be transacted at any meeting unless such a quorum is present.

Every question before any meeting of the Authority shall be determined by a majority of the members present and voting on the question, and proper minutes shall be kept of proceedings.

At any meeting of the Authority, the Chairperson of that meeting shall have a deliberative vote and, in the case of an equality of votes, shall also have a casting vote.

The powers of the Authority shall not be affected by any vacancy in its membership, nor shall the proceedings of the Authority be invalidated merely because of the subsequent discovery that some defect existed in the appointment of any member.

Subject to the provisions of this Act, the Authority may regulate its procedure in such manner as it thinks fit.

Notice in writing of every meeting of the Authority and of the business proposed to be transacted at that meeting shall be given to the Director-General, and the Director-General or the Director-General’s nominee shall be entitled to attend and speak at any such meeting, but shall not be entitled to vote on any question.

The Authority shall be serviced by the Department in such manner as the Minister may from time to time direct.

The Authority is hereby declared to be a statutory Board within the meaning of the Fees and Travelling Allowances Act 1951.

There shall be paid to members of the Authority, out of money appropriated by Parliament for the purpose, remuneration by way of fees, or allowances, and travelling allowances and expenses, in accordance with the Fees and Travelling Allowances Act 1951, and the provisions of that Act shall apply accordingly.

The Minister shall, by notice in the Gazette, establish not more than 19 Conservation Boards.

The Minister shall give each Conservation Board a distinctive name corresponding to the general area in respect of which it is to have jurisdiction.

The area under the jurisdiction of each Conservation Board shall be as determined from time to time by the Minister.

The functions of each Board shall be—

Every Board shall have such other functions as are conferred on it by or under this Act or any other Act.

Every Board shall have all such powers as are reasonably necessary or expedient to enable it to carry out its functions.

Without limiting the generality of subsection (1) of this section, each Board may—

The power conferred by subsection (2)(a) of this section shall include the right to appear before courts and tribunals in New Zealand and be heard on matters affecting or relating to the Board’s functions.

As soon as practicable after the 30th day of June in every year, every Board shall furnish the Conservation Authority with a report of its operations for the period of 12 months that ended on that day.

Every Board shall consist of not more than 12 members.

Except as provided in subsections (5), (6), and (7) of this section, the Minister shall appoint every member of a Board after giving public notice in accordance with subsection (4) of this section, and after consultation with the Conservation Authority, and having regard to—

Before making any appointment representing the interests of the tangata whenua of an area, the Minister shall consult with the Minister of Maori Affairs about those interests.

Every notice required by subsection (2) of this section shall—

The Board whose area of jurisdiction includes the Tongariro National Park shall consist of—

The Board whose area of jurisdiction includes the Egmont National Park shall consist of—

The Board whose area of jurisdiction includes the Whanganui National Park shall consist of—

The appointment of any person by the Minister to be a member of a Board shall be made by notice published in the Gazette, and shall take effect from the date of such notice or such later date as may be specified in the notice.

No person employed by the Department under the State Sector Act 1988 shall be eligible to be a member of any Board.

Any Board may co-opt for such term as it thinks fit any suitable person or persons to be a member or members of the Board.

A co-opted member of a Board shall be entitled to attend and speak at any meeting of that Board, but shall not be entitled to vote on any question.

Subject to subsections (2) to (5) of this section, every appointed member of a Board shall hold office for such term, not exceeding 3 years, as the Minister shall specify in the notice of appointment, and may from time to time be reappointed.

Any member of a Board may at any time be removed from office by the Minister for bankruptcy, disability, neglect of duty, or misconduct.

Any member of a Board may at any time resign his or her office by writing addressed to the Minister.

If any member of a Board dies, resigns, or is removed from office, the vacancy so created shall be filled in the manner in which the appointment to the vacant office was originally made, and the person so appointed shall be appointed for the residue of the term for which the vacating member was appointed.

Unless a member sooner dies, resigns, or is removed from office, every member of a Board shall continue in office until that member’s successor comes into office, notwithstanding that the term for which that member was appointed may have expired.

The Minister shall, by the notice appointing the members of a Board, appoint one of its members to be the Chairperson of the Board for a term of one year, and thereafter the members shall from time to time elect one of their number to be the Chairperson for such period as they think fit.

The Chairperson shall preside at all meetings of the Board at which he or she is present.

If the Chairperson is absent from any meeting, the members present shall appoint one of their number to be the Chairperson of that meeting.

The first meeting of each Board shall be held at a time and place to be appointed by the Minister, and subsequent meetings shall be held at such times and places as the Board or the Chairperson from time to time appoints.

A special meeting shall be called by the Chairperson whenever 3 or more members so request in writing.

At any meeting of a Board, a majority of the members in office shall form a quorum and no business shall be transacted at any meeting unless such a quorum is present.

Every question before any meeting of a Board shall be determined by a majority of the members present and voting on the question.

At any meeting of a Board, the Chairperson of that meeting shall have a deliberative vote and, in the case of an equality of votes, shall also have a casting vote.

The powers of a Board shall not be affected by any vacancy in its membership, nor shall the proceedings of a Board be invalidated merely because of the subsequent discovery that some defect existed in the appointment of any member.

Subject to the provisions of this Act, each Board may regulate its procedure in such manner as it thinks fit.

Notice in writing of every meeting of a Board and of the business proposed to be transacted at that meeting shall be given to the Director-General, and the Director-General or the Director-General’s nominee shall be entitled to attend and speak at any such meeting, but shall not be entitled to vote on any question.

The Boards shall be serviced by the Department in such manner as the Minister may from time to time direct.

Every Board is hereby declared to be a statutory Board within the meaning of the Fees and Travelling Allowances Act 1951.

There shall be paid to members of every Board, out of money appropriated by Parliament, remuneration by way of fees, salary, or allowances, and travelling allowances and expenses, in accordance with the Fees and Travelling Allowances Act 1951, and the provisions of that Act shall apply accordingly.

The Minister may, on such terms and conditions as the Minister may from time to time specify, appoint suitable persons to be the Guardians of Lakes Manapouri, Monowai, and Te Anau.

The functions of the Guardians shall be—

The Guardians shall in each year make a report to the Minister on their meetings and recommendations.

Except as otherwise expressly provided, every reference in any other Act to the Guardians of Lakes Manapouri and Te Anau shall be read as a reference to the Guardians appointed under subsection (1) of this section.

Subject to this Act, the Department shall administer and manage all conservation areas and natural and historic resources in accordance with—

The Minister may approve statements of general policy for the implementation of this Act, and for any conservation area or areas, or conservation areas of any class or description; and may from time to time amend or revoke any such statement in the light of changing circumstances or increased knowledge.

Nothing in any such general policy shall derogate from any provision in this Act or any other Act.

The following provisions shall apply to the preparation and approval of such statements:

The Director-General may at any time prepare an amendment to any statement of general policy, and the following provisions shall apply in any such case:

All statements of general policy approved under this Act before the commencement of this section shall be deemed to have been approved under subsection (3)(m) of this section.

The Director-General may from time to time prepare and recommend for approval by the Minister a general statement of policy for any area or areas of land or water, or for any natural or historic resources, managed by the Department for the purposes of the Wildlife Act 1953, the Marine Reserves Act 1971, the Reserves Act 1977, the Wild Animal Control Act 1977, the Marine Mammals Protection Act 1978, the New Zealand Walkways Act 1990, or this Act, or any of them.

Where any part of any such statement of policy is subject to any of the Acts referred to in subsection (1) of this section, it may be approved only in accordance with the relevant approval procedures set out in that Act; and the relevant provisions of that Act shall apply accordingly.

The purpose of a conservation management strategy is to implement general policies and establish objectives for the integrated management of natural and historic resources, including any species, managed by the Department under the Wildlife Act 1953, the Marine Reserves Act 1971, the Reserves Act 1977, the Wild Animal Control Act 1977, the Marine Mammals Protection Act 1978, the National Parks Act 1980, the New Zealand Walkways Act 1990, or this Act, or any of them, and for recreation, tourism, and other conservation purposes.

Within 5 years after the commencement of this section, such conservation management strategies as may be necessary to establish such objectives for all areas managed by the Department shall be prepared by the Director-General for approval by the Conservation Authority in accordance with section 17F of this Act.

Subject to this Act, the Director-General shall determine the boundaries of a conservation management strategy.

Nothing in any conservation management strategy shall—

A conservation management strategy may require the preparation of a conservation management plan under any Act specified in the First Schedule to this Act other than the National Parks Act 1980.

Any conservation management plan approved in respect of any conservation park or under the National Parks Act 1980 may be approved as a conservation management strategy by the Conservation Authority in accordance with paragraphs (m) to (p) of section 17F of this Act, as if it were a draft conservation management strategy.

A conservation management strategy shall identify and describe all protected areas managed by the Department within the boundaries of the strategy.

When preparing a conservation management strategy, the Director-General shall have regard to existing management plans under this Act or any Act specified in the First Schedule to this Act.

The purpose of a conservation management plan is to implement conservation management strategies and establish detailed objectives for the integrated management of natural and historic resources within any area or areas referred to in subsection (4) of this section, and for recreation, tourism, and other conservation purposes.

The Director-General shall prepare conservation management plans as required by the provisions of any conservation management strategy.

Where an area is not subject to a conservation management strategy, the Minister may require the preparation of a conservation management plan for that area after consultation with the Boards affected; and the Director-General shall prepare such a plan if so required by the Minister.

Any conservation management plan may relate to any area or areas managed by the Department under the Wildlife Act 1953, the Marine Reserves Act 1971, the Reserves Act 1977, the Marine Mammals Protection Act 1978, or this Act.

Nothing in any conservation management plan shall derogate from—

All management plans approved under this Act before the commencement of this section shall be deemed to have been approved under section 17G of this Act.

Every draft management plan that, immediately before the commencement of this Act, had been publicly notified by the Director-General but not approved by the Minister is hereby deemed to be a draft conservation management plan prepared under section 17G of this Act and may be approved accordingly.

Where it is proposed that a conservation management strategy be amended to provide for a conservation management plan, section 17I(4) of this Act shall be deemed to apply to the amendment.

When preparing a conservation management plan, the Director-General shall have regard to existing freshwater fisheries management plans and sports fish and game management plans under this Act.

The following provisions shall apply to the preparation and approval of draft conservation management strategies:

The provisions of paragraphs (a) to (j) of section 17F of this Act shall apply to the preparation and approval of draft conservation management plans as if such draft plans were draft conservation management strategies.

On receipt of the draft and the summary under the provisions referred to in subsection (1) of this section, the Conservation Boards affected shall consider those documents and then shall—

The following provisions shall also apply to draft conservation management plans:

The Director-General, after consultation with the Conservation Boards affected, may at any time initiate a review of any conservation management strategy or conservation management plan, or any part of any such strategy or plan.

Every review of a conservation management strategy under this section shall be carried out and approved in accordance with the provisions of section 17F of this Act, which shall apply with any necessary modifications.

Every review of a conservation management plan under this section shall be carried out and approved in accordance with the provisions of section 17G of this section, which shall apply with any necessary modifications.

The following provisions shall also apply in relation to reviews under this section:

The Director-General, after consultation with the Conservation Boards affected, may at any time initiate the amendment of any conservation management strategy or conservation management plan, or any part of any such strategy or plan.

Except as provided in subsection (4) of this section, every amendment of a conservation management strategy under this section shall be carried out in accordance with the provisions of section 17F of this Act, which shall apply with any necessary modifications.

Except as provided in subsection (4) of this section, every amendment of a conservation management plan shall be carried out in accordance with the provisions of section 17G of this section, which shall apply with any necessary modifications.

Where the proposed amendment is of such a nature that the Director-General and the Conservation Boards affected consider that it will not materially affect the objectives or policies expressed in the strategy or plan or the public interest in the area concerned, then—

The purpose of a freshwater fisheries management plan is to implement general policies and establish detailed objectives for the management of freshwater fisheries within any area or areas.

The Director-General may prepare for approval by the Minister such freshwater fisheries management plans as are necessary for the management of all freshwater fisheries other than sports fisheries.

Nothing in any freshwater fisheries management plan shall derogate from—

Any freshwater fisheries management plan may apply to any one or more freshwater fish species within any area.

In preparing any freshwater fisheries management plan, the Director-General shall have regard to any sports fish and game management plan having effect in that area.

The following provisions shall apply to the preparation and approval of freshwater fisheries management plans:

The Director-General may at any time review or amend any such management plan.

The review of any freshwater fisheries management plan shall be dealt with under subsection (1) of this section, which shall apply with any necessary modifications.

The following provisions shall also apply in relation to the review of any freshwater fisheries management plan:

Subject to subsection (6) of this section, the amendment of any freshwater fisheries management plan shall be dealt with under subsection (1) of this section, which shall apply with any necessary modifications.

Where any such amendment is of such a nature that the Director-General considers that it will not materially affect the objectives or policies expressed in the plan or the public interest in the area concerned, the amendment shall be dealt with under paragraphs (i) to (m) of subsection (1) of this section, which shall apply with any necessary modifications.

The purpose of a sports fish and game management plan is to establish objectives for the management of sports fish and game, or both, within any region or part of any region.

Each Fish and Game Council shall prepare for approval by the Minister such sports fish and game management plans as are necessary for the management of sports fish and game within its area of jurisdiction.

Nothing in any sports fish and game management plan shall derogate from—

When preparing a draft sports fish and game management plan, the Fish and Game Council shall—

Every draft sports fish and game management plan shall be prepared by a Fish and Game Council in the manner provided in subsection (2) of this section.

The following provisions shall apply to the preparation and approval of sports fish and game management plans:

The Fish and Game Council may at any time review or amend any sports fish and game management plan.

Subject to subsection (6) of this section, the review of any sports fish and game management plan and amendments shall be dealt with under subsection (2) of this section, which shall apply with any necessary modifications.

The following provision shall also apply in relation to the review of any sports fish and game management plan:

Where the proposed amendment of any sports fish and game management plan is of such a nature that the Fish and Game Council considers that it will not materially affect the objectives or policies expressed in the plan or the public interest in the area concerned, the amendment shall be dealt with under paragraphs (e) to (g) of subsection (2) of this section, which shall apply with any necessary modifications.

Every statement of general policy approved under section 17B(3)(m) or section 17C of this Act, every conservation management strategy, and every conservation management plan, freshwater fisheries management plan, and sports fish and game management plan shall have effect on and from the date on which it is approved, or on such later date as may be specified in that behalf in the statement or strategy or plan.

No such statement or strategy or plan shall restrict or affect the exercise of any legal right or power by any person other than the Minister or the Director-General or any Fish and Game Council.

No such statement or strategy or plan shall limit or affect the exercise by a lessee or licensee of any area of any right or power conferred by a lease or licence granted before the commencement of this Part of this Act.

Every such statement, strategy, and plan shall be available for public inspection during ordinary office hours at the Department’s Head Office, and at such other places as the Director-General thinks its public availability is desirable.

Sports fish and game management plans, and policies relating to sports fish and game that are general policies or are established by the New Zealand Fish and Game Council, shall be available at the offices of the New Zealand Fish and Game Council and the Fish and Game Councils affected by them.

Where any such strategy or plan or any review or amendment of any such strategy or plan is approved, the Director-General shall give public notice of the fact, specifying the offices or places at which the strategy or plan, or reviewed or amended strategy or plan, can be inspected; and section 49(1) of this Act shall apply as if the notice were required to be given by the Minister.

There shall be deemed to be reserved from the sale or other disposition of any land by the Crown a strip of land 20 metres wide extending along and abutting the landward margin of—

There shall be deemed to be reserved from the sale or other disposition by the Crown of any land extending along and abutting the landward margin of any lake controlled by artificial means a strip of land that—

whichever is the greater.

Every strip of land of any width that, immediately before the commencement of this section, was reserved from sale or other disposition on any Crown land by or under this Act or any other Act, whether or not the strip was reserved for any specified purpose, shall be deemed to be reserved to the Crown as marginal strip of the same width.

Nothing in this section shall affect any right, title, or interest any person may have in respect of any assets or improvements lawfully existing on any marginal strip at the commencement of this section.

Nothing in this section shall limit or affect section 289 of the Local Government Act 1974.

Every disposition of any land by the Crown to a State enterprise pursuant to the State-Owned Enterprises Act 1986, on or after the commencement of this section (whether the agreement to dispose of that land was entered into before that date or is entered into after that date), shall be deemed to be a disposition of land for the purposes of this section.

Notwithstanding subsection (6) of this section, where the freehold of any land subject to a lease or licence under the Land Act 1948 is transferred by the Crown to Land Corporation of New Zealand Limited, the reservation of any marginal strip on any part of the land to which the lease or licence relates shall not have effect until either the lease or licence is renewed or the freehold of the area to which the lease or licence relates is transferred to the lessee or licensee, whichever first occurs.

Except as otherwise expressly provided, this section shall apply to the disposition of any land by the Crown under the provisions of any enactment.

For the purposes of this section, a disposition, in relation to any land, includes the grant of a Crown forestry licence under the Crown Forest Assets Act 1989, and also includes the grant or renewal of a lease or licence under the Land Act 1948.

Notwithstanding section 24 of this Act, in the case of a marginal strip extending along and abutting the landward margin of the sea or a lake, the Minister may approve the reduction of the width of the strip to not less than 3 metres if he or she is satisfied that its value in terms of the purposes specified in section 24C of this Act will not be diminished.

Subject to subsection (2) of this section, the Minister may at any time before the disposition by the Crown of any land extending along and abutting the bed of any river or stream (being a bed of not less than 3 metres in width), by notice in the Gazette, declare that section 24 of this Act shall not apply to the proposed disposition.

The Minister may make a declaration under subsection (1) of this section only if satisfied—

Notwithstanding subsection (2) of this section, where the Minister proposes to grant an exemption under this section in respect of the renewal of a lease or licence under the Land Act 1948 but is precluded from doing so by that subsection, the Minister may grant the exemption if satisfied that the proposal is equitable and in the public interest.

The Minister may, by notice in the Gazette, declare that section 24 of this Act shall not apply to any proposed disposition of—

A notice under subsection (4)(a) of this section shall have effect only so long as the core assets concerned remain assets of the Corporation.

For the purposes of subsection (4)(a) of this section, the term core assets means—

Nothing in section 24 of this Act shall apply to any disposition in respect of which a notice is given under this section.

Subject to this Act and any other Act, all marginal strips shall be held under this Act—

Upon the registration of any disposition by the Crown of any land under the Land Transfer Act 1952, the District Land Registrar of the land registration district affected shall, without fee, record on the certificate of title for that land a statement to the effect that the land to which the certificate of title relates is subject to this Part of this Act.

Upon being notified of any disposition by the Crown of any land not registered under the Land Transfer Act 1952, the Chief Surveyor shall, without fee, record on the proper plans and records of the land registration district affected a statement to the effect that the land so transferred is subject to this Part of this Act.

The Chief Surveyor shall, without fee, in the manner the Chief Surveyor considers most appropriate, cause the proper plans of every land registration district to show the marginal strips within that district.

All land that is subject to this Part of this Act shall remain subject to this Part and the statements specified in subsections (1) and (2) of this section shall continue to be recorded on the certificates of title for that land and on all subsequent certificates of title for that land and on all the proper plans and records of the land registration district affected, as the case may be, notwithstanding—

Every statement recorded on a certificate of title in compliance with subsection (1) of this section shall be deemed to sufficiently protect any reservation made by this Part of this Act in respect of any portion of the land comprised in that certificate of title, and no certificate of title shall be impeached on the ground of uncertainty or otherwise on account of any such reservation.

The land comprised in any certificate of title that bears a statement recorded in compliance with subsection (1) of this section—

Notwithstanding anything in the Land Transfer Act 1952, land reserved as marginal strip under section 24 of this Act shall not be required to be surveyed for the purposes of that Act.

The Minister may, by notice in the Gazette, authorise the exchange of any marginal strip for another strip of land.

The Minister shall not authorise the exchange of any marginal strip unless the Minister is satisfied that the exchange will better achieve the purposes specified in section 24C of this Act.

The land taken by the Crown in exchange for any marginal strip shall be deemed to be reserved as marginal strip.

The Minister may authorise the payment or receipt by the Crown of money by way of equality of exchange in any case under this section; and all money so received shall be paid into the Department of Conservation Grants and Gifts Trust Account, and shall be applied, without further appropriation than this section, for the purposes of this Act.

The Minister or the Director-General may, on behalf of the Crown, do all such things as may be necessary to effect any exchange authorised under this section.

District Land Registrars are hereby authorised and directed to make such entries in registers and do all such other things as may be necessary to give effect to exchanges authorised under this section.

Notwithstanding any other enactment or rule of law, where the Crown owns part of the bed of a non-navigable river or stream adjoining any land (being a bed of not less than 3 metres in width) and disposes of that land, that part of the bed of that river or stream shall remain owned by the Crown.

Where, for any reason, the shape of any foreshore or of the margin of any lake or reservoir or of any bay or inlet of any lake or reservoir is altered and the alteration affects an existing marginal strip, a new marginal strip shall be deemed to have been reserved simultaneously with each and every such alteration.

Where, for any reason, the course of any river or stream is altered and the alteration affects an existing marginal strip, a new marginal strip shall be deemed to have been reserved simultaneously with each and every such alteration.

With respect to any foreshore, to any lake or reservoir and to any bay or inlet of any lake or reservoir, and to any river or stream, a marginal strip shall be reserved by subsection (1) or subsection (2) of this section on all land of the Crown, and on all land the title to which is subject to this Part of this Act, and on no other land.

Every marginal strip reserved by subsection (1) or subsection (2) of this section shall be of such dimensions and be situated as if the marginal strip had been reserved under section 24 of this Act, and shall extinguish either in whole or in part, as the case may require, the existing reservation of the existing marginal strip which would have continued but for the alterations referred to in those subsections.

Nothing in this section shall affect any right, title, or interest any person may have in respect of any assets or improvements existing on any marginal strip at the time such marginal strip is reserved by subsection (1) or subsection (2) of this section.

Subject to this section, the provisions of this Act shall apply to every marginal strip reserved by subsection (1) or subsection (2) of this section as if such marginal strip had been reserved by section 24 of this Act.

Nothing in this section shall apply to any marginal strip reserved by section 24(3) of this Act.

The Minister may from time to time appoint suitable persons to be managers of marginal strips.

Subject to subsection (6)(c) of this section, the Minister may appoint one of the following persons to be the manager of any marginal strip:

The Crown shall manage all marginal strips around controlled lakes and reservoirs; but any costs relating to any such strip that are costs arising out of electricity generation in the area of the strip shall be payable by the person or body responsible for that electricity generation.

Subject to this section, the manager of a marginal strip shall—

Subject to this section, the manager of a marginal strip may make improvements to the strip, and the improvements may include such planting or harvesting of crops or trees as may be provided for in any Crown forestry licence under the Crown Forest Assets Act 1989 affecting or relating to the strip or in any agreement between the manager and the Crown.

In the case of the holder of a Crown forestry licence under the Crown Forest Assets Act 1989, the following provisions shall also apply:

The manager of a marginal strip may request the Minister to close temporarily the strip under section 13 of this Act where any operation proposed on the strip will significantly affect public safety or where fire hazard conditions exist.

The manager of a marginal strip shall comply with any reasonable requirements or restrictions imposed in respect of the strip by the Minister by notice in writing to the manager; and the Minister shall impose such requirements or restrictions, or both, as the Minister considers reasonably necessary or expedient to protect the strip, having particular regard to the maintenance of riparian vegetation, wildlife, water quality, the health of aquatic life, and to maintain access to and the recreational use of the strip.

The Minister shall not require the manager of any marginal strip to fence off any part of that strip, or to undertake any other works on or relating to that strip, unless the expenses associated with such fencing or other works are borne by the Crown.

The Minister shall consult the appropriate manager where—

The manager of a marginal strip shall obtain the written consent of the Minister before making any significant change to the management regime of the strip, and before making or erecting any significant improvements to or on the strip.

Subject to subsection (9) of this section, any expense incurred by a manager under this section shall be borne by the manager.

Every manager of a marginal strip commits an offence who—

The Minister may, after having due regard to section 24C of this Act and after giving notice in writing to the manager of the marginal strip concerned, grant an easement over the strip.

For the purposes of this section, the Minister shall be deemed to be the registered proprietor of marginal strips.

On giving 90 days notice in writing to the manager of a marginal strip or such longer period not exceeding 6 months as may be provided for in any agreement between the manager and the Crown, the Minister, on behalf of the Crown, may resume the management of the strip.

Subject to subsection (3) of this section, where the Crown resumes the management of a marginal strip, it shall be liable to pay to the manager of the strip—

A manager shall have no right to be compensated for improvements made to or erected on the marginal strip without the prior consent of the Minister as required by section 24H(11) of this Act.

If there is any dispute or difference between the manager of any marginal strip and the Crown as to any amount the Crown is liable to pay under subsection (2) of this section, the amount shall be fixed by arbitration in accordance with the Arbitration Act 1908.

For the purposes of any such arbitration, this section shall be deemed to be a submission to arbitration within the meaning of the Arbitration Act 1908, and the reference shall be deemed to be to 2 arbitrators, one to be appointed by the Minister, and the other by the manager.

Notwithstanding subsection (4) of this section, the parties may agree on the amount to be paid under subsection (2) of this section, either before or after the matter is submitted to arbitration, and, if the agreement is made after the date of any award of arbitration, the award shall be deemed to be cancelled.

The functions of the Minister in relation to the conservation and management of sports fish and game shall be—

The Minister shall have all such powers as are reasonably necessary or expedient to enable the Minister to carry out the Minister’s functions under this section.

There is hereby established a council to be called the New Zealand Fish and Game Council to represent nationally the interests of anglers and hunters and provide co-ordination of the management, enhancement, and maintenance of sports fish and game.

The functions of the New Zealand Fish and Game Council shall be—

The New Zealand Fish and Game Council shall have such other functions as are conferred on it by or under this Act or any other Act.

The New Zealand Fish and Game Council shall consist of persons appointed as members of the New Zealand Fish and Game Council by Fish and Game Councils.

Each Fish and Game Council shall be entitled, in accordance with any regulations made under section 48 of this Act, to appoint one of its members to be a member of the New Zealand Fish and Game Council, and any person so appointed may from time to time be reappointed.

The New Zealand Fish and Game Council may co-opt for such term as it thinks fit any suitable person or persons to be a member or members of the Council.

A co-opted member of the Council shall be entitled to attend and speak at any meeting of the Council, but shall not be entitled to vote on any question.

The New Zealand Fish and Game Council shall have all such powers as are reasonably necessary or expedient to enable it to carry out its functions.

Without limiting the generality of subsection (1) of this section, the New Zealand Fish and Game Council may—

For the purposes of section 26C(1)(g) of this Act, the New Zealand Fish and Game Council shall be entitled to appear before courts and tribunals in New Zealand and be heard on matters affecting or relating to the Council’s functions.

The New Zealand Fish and Game Council shall operate a personnel policy that complies with the principle of being a good employer by following, as closely as possible and as if it were a chief executive of a Department, the provisions of sections 56 and 58 of the State Sector Act 1988.

As soon as practicable after the 31st day of December in every year, the New Zealand Fish and Game Council shall furnish the Minister with—

The Audit Office shall audit the financial statements of the New Zealand Fish and Game Council.

For the purposes of issuing an audit opinion under section 26H(b) of this Act, the Audit Office shall have and may exercise all such powers as it has under Part II of the Public Finance Act 1977.

The members of the New Zealand Fish and Game Council shall from time to time appoint one of their number to be Chairperson of the New Zealand Fish and Game Council.

The Chairperson shall preside at all meetings of the New Zealand Fish and Game Council at which he or she is present.

If the Chairperson is absent from any meeting of the New Zealand Fish and Game Council, the members present shall appoint one of their number to be the Chairperson of that meeting.

Meetings of the New Zealand Fish and Game Council shall be held at least twice a year at such times and places as the New Zealand Fish and Game Council or the Chairperson from time to time appoints.

A special meeting shall be called by the Chairperson whenever 3 or more members so request in writing.

At any meeting of the New Zealand Fish and Game Council, a majority of the members in office shall form a quorum, and no business shall be transacted at any meeting unless such a quorum is present.

Every question before any meeting of the New Zealand Fish and Game Council shall be determined by a majority of the members present and voting on the question, and proper minutes shall be kept of proceedings.

At any meeting of the New Zealand Fish and Game Council, the Chairperson of that meeting shall have a deliberative vote and, in the case of an equality of votes, shall also have a casting vote.

The powers of the New Zealand Fish and Game Council shall not be affected by any vacancy in its membership, nor shall the proceedings of the New Zealand Fish and Game Council be invalidated merely because of the subsequent discovery that some defect existed in the appointment of any member.

Subject to the provisions of this Act, the New Zealand Fish and Game Council may regulate its procedure in such manner as it thinks fit.

Notice in writing of every meeting of the New Zealand Fish and Game Council and of the business proposed to be transacted at that meeting shall be given by the Council to the Director-General, and the Director-General or the Director-General’s nominee shall be entitled to attend and speak at any such meeting, but shall not be entitled to vote on any question.

Except as otherwise provided by this Act or any regulations made under it, no member of the New Zealand Fish and Game Council shall be entitled to receive any remuneration or expenses in respect of his or her service as a member of the Council.

The Minister shall, by notice in the Gazette, establish—

Each Transitional Fish and Game Council shall consist of not more than 12 members appointed by the Minister.

The Transitional New Zealand Fish and Game Council and each Transitional Fish and Game Council shall be established for the period specified in the notice by which it is established.

The Transitional New Zealand Fish and Game Council shall have all the functions and powers of the New Zealand Fish and Game Council under this Act.

Each Transitional Fish and Game Council shall have all the functions and powers of a Fish and Game Council under this Act.

Without limiting the generality of subsection (2) of this section, each Transitional Fish and Game Council shall—

The Transitional Fish and Game Councils concerned shall engage the Department for a period of not less than 6 months, on terms and conditions to be mutually agreed, to manage—

There is hereby established for the purposes of the management, maintenance, and enhancement of sports fish and game a Fish and Game Council for each region defined by the Minister under section 26A(1)(c) of this Act.

The functions of each Fish and Game Council shall be to manage, maintain, and enhance the sports fish and game resource in the recreational interests of anglers and hunters, and, in particular,—

Each Fish and Game Council shall have such other functions as are conferred on it by or under this Act or any other Act.

The following provisions shall apply in respect of operational work plans:

In the performance of their responsibilities, Fish and Game Councils shall abide by the requirements of this Act and the Wildlife Act 1953 and any regulations made under either of those Acts.

Fish and Game Councils shall not, within their areas of jurisdiction, engage in any activity that has as its predominant purpose the making of a commercial gain from that activity.

Subject to this Act and to any regulations made under it, each Fish and Game Council shall, from time to time, prepare and submit to the Minister for approval and publish by notice in the Gazette, and have available for sale to the public, District Anglers Notices applying within its area of jurisdiction.

A District Anglers Notice shall set out the conditions under which a current licence holder may fish for sports fish in the area to which the notice relates, being conditions relating to—

A District Anglers Notice may also declare any waters within the area of jurisdiction of the Fish and Game Council to be fisheries experimental waters, and to make such provision for the protection of fish in those waters as in the opinion of the Minister are necessary or desirable for fish research purposes.

Every person commits an offence and is liable to a fine not exceeding $5,000 who takes any sports fish from any waters at any time or place, or with any device or in any manner, if such taking is not permitted by any District Anglers Notice in force in respect of those waters.

Each Fish and Game Council shall have all such powers as are reasonably necessary or expedient to enable it to carry out its functions.

Without limiting the generality of subsection (1) of this section but subject to subsection (3) of this section, any Fish and Game Council may, by agreement,—

Every agreement under subsection (2) of this section is subject to the following conditions:

Subsection (3)(c) of this section shall also apply to any land that is transferred to a Fish and Game Council under any other Act, as if that land had been acquired under this section.

All land held under this section shall be subject to this Act.

Each Fish and Game Council may expend money received by it from any source arising under this Act for the purposes of carrying out its functions under this Act.

For the purposes of section 26Q(1) of this Act, a Fish and Game Council shall be entitled to appear before courts and tribunals in New Zealand and be heard on matters affecting or relating to the Council’s functions.

Nothing in this section or in section 26Q of this Act shall enable any person to enter any land (other than land vested in a Fish and Game Council) without the consent of the owner or occupier.

Without limiting section 26S of this Act, a Fish and Game Council may appoint a manager and other staff for the efficient and economic administration of the affairs of the Council.

Every Fish and Game Council shall operate a personnel policy that complies with the principle of being a good employer by following, as closely as possible and as if it were a chief executive of a Department, the provisions of sections 56 and 58 of the State Sector Act 1988.

Each Fish and Game Council shall consist of not more than 12 members elected in accordance with section 26Z of this Act.

A person shall be qualified to be a member of a Fish and Game Council only if that person holds a current adult whole season licence to hunt game or fish for sports fish.

Each region defined by the Minister under section 26A(1)(c) of this Act shall comprise not more than 6 subregions, which shall be determined by the Fish and Game Council for that region and notified in some newspaper circulating in the areas affected.

No person who is a bankrupt or has been convicted of an offence involving sports fish and game (being an offence under this Act or any other Act) shall be eligible to be a member of a Fish and Game Council.

Any Fish and Game Council may co-opt for such term as it thinks fit any suitable person or persons to be a member or members of the Council.

A co-opted member of a Council shall be entitled to attend and speak at any meeting of that Council, but shall not be entitled to vote on any question.

As soon as practicable after the 31st day of August in every year, every Fish and Game Council shall furnish the Minister and the New Zealand Fish and Game Council with—

The Audit Office shall audit the financial statements of each Fish and Game Council.

For the purposes of issuing an audit opinion under section 26W(b) of this Act, the Audit Office shall have and may exercise all such powers as it has under Part II of the Public Finance Act 1977.

Every New Zealand resident who purchases an adult whole season licence that entitles that person to hunt game or fish for sports fish in a particular region in the season immediately preceding the next election of members of the Fish and Game Council for that region shall be entitled to vote at that election.

A person may choose to participate in any such election either at the time when he or she purchases a licence to hunt or fish or at any subsequent time before, but not later than one month before, the next election is held.

For the purposes of this section, each Fish and Game Council shall maintain a register or roll of persons who indicate their wish to vote at an election of members of the Council.

Voting at the election of members of Fish and Game Councils shall be by postal ballot and in accordance with regulations made under section 48 of this Act.

Each Transitional Fish and Game Council shall, as soon as practicable after it is established, conduct an election to elect not more than 12 persons to be members of the Fish and Game Council for the area for which that Transitional Council is established.

The second election of members of each Fish and Game Council shall be held by that Council 3 years after the date of the first election of members of that Council, and subsequent elections shall be held every third year thereafter.

At every election of members of a Fish and Game Council at least one member shall be elected for each subregion of the Council.

Subject to subsections (2) to (5) of this section, every member of a Fish and Game Council shall hold office for a term of 3 years and may be re-elected.

Any member of a Fish and Game Council may at any time be removed from office by the Minister for bankruptcy, disability, neglect of duty, or misconduct, or a conviction for an offence involving sports fish and game (being an offence under this Act or any other Act).

A Fish and Game Council may at any time be discharged and any member of a Fish and Game Council may at any time be removed, by the Minister for failure to carry out any of its or his or her functions under this Act or the Wildlife Act 1953.

Any member of any Fish and Game Council may at any time resign his or her office by writing addressed to the Minister.

If any member of any Fish and Game Council dies, resigns, or is removed from office earlier than 6 months before his or her term of office is due to expire, the following provisions shall apply:

Where the Minister discharges a Fish and Game Council under subsection (3) of this section,—

Unless a member sooner dies, resigns, or is removed from office, every member of any Fish and Game Council shall continue in office until that member’s successor comes into office, notwithstanding that the term for which that member was appointed may have expired.

No member of a Fish and Game Council shall be personally liable for any default made by the Council or by any member of it, in good faith in the course of its operations.

The members of each Fish and Game Council shall appoint one of their number to be the Chairperson of the Fish and Game Council for the term of that member’s appointment or for such lesser period as the members think fit.

The Chairperson shall preside at all meetings of the Fish and Game Council at which he or she is present.

If the Chairperson is absent from any meeting of the Fish and Game Council, the members present shall appoint one of their number to be the Chairperson of that meeting.

Meetings of any Fish and Game Council shall be held on at least 6 occasions in the period commencing on the 1st day of February and ending on the 31st day of December in each year at such times and places as the Council or the Chairperson from time to time appoints.

A special meeting shall be called by the Chairperson whenever 3 or more members so request in writing.

At any meeting of a Fish and Game Council, a majority of the members in office shall form a quorum, and no business shall be transacted at any meeting unless such a quorum is present.

Every question before any meeting of a Fish and Game Council shall be determined by a majority of the members present and voting on the question.

At any meeting of a Fish and Game Council, the Chairperson of that meeting shall have a deliberative vote and, in the case of an equality of votes, shall also have a casting vote.

The powers of a Fish and Game Council shall not be affected by any vacancy in its membership, nor shall the proceedings of the Council be invalidated merely because of the subsequent discovery that some defect existed in the appointment of any member.

As soon as practicable after the commencement of the 31st day of August and not later than the 30th day of November in every year of its operation, each Fish and Game Council shall call a public annual general meeting at which the Council shall present its annual report and financial statement for the period of 12 months that ended on that day.

Subject to the provisions of this Act, a Fish and Game Council may regulate its procedure in such manner as it thinks fit.

Notice in writing of every meeting of a Fish and Game Council and of the business proposed to be transacted at that meeting shall be given by the Council to the Director-General, and the Director-General or the Director-General’s nominee shall be entitled to attend and speak at any such meeting, but shall not be entitled to vote on any question.

Except as otherwise provided by this Act or any regulations made under this Act, no member of any Fish and Game Council shall be entitled to receive any remuneration, allowances, or expenses in respect of his or her service as a member of that Council.

Subject to subsection (2) of this section, this Part of this Act shall apply only in relation to freshwater fisheries.

Nothing in this Part of this Act shall apply to—

Nothing in this Part of this Act shall affect any Maori fishing rights.

Subject to this Act, every person commits an offence and is liable to a fine not exceeding $5,000 who—

Nothing in subsection (1) of this section shall apply to the taking of sports fish for the purposes of scientific investigation or data collection, under a permit or authority under this Act, and in accordance with any conditions imposed by such permit or authority.

Every person commits an offence and is liable to a fine not exceeding $5,000 who establishes, manages, or operates any fish hatchery for sports fish except pursuant to regulations made under this Act; but nothing in this subsection shall apply in relation to any hatchery for sports fish that is established or is being established at the commencement of this Part of this Act.

No person shall establish, manage, or operate a fish farm for trout.

Every person commits an offence who—

Nothing in subsection (1) of this section shall apply to—

No competition involving the taking of sports fish shall be held unless it conforms in all respects with any regulations made under this Act.

The Director-General, by notice in the Gazette, for such period as may be specified in the notice, may, notwithstanding that it is otherwise lawful under this Act,—

Any Fish and Game Council may request the Minister to issue a notice under subsection (1) of this section.

Notwithstanding subsection (1) of this section, the Director-General shall not impose any prohibition, restriction, or other condition that relates to the taking of sports fish from any waters in any area within the jurisdiction of a Fish and Game Council without prior consultation with that Council, nor restrict entry to any area without prior consultation with the appropriate Catchment Authority (being any public body established for the purpose of soil conservation and water management under any enactment) or any Government agency that has statutory control over the land involved.

No person shall transfer live aquatic life or release live aquatic life into any freshwater, except in accordance with this section.

The prior approval of the Minister of Fisheries shall be required for the following:

The prior approval of the Minister of Conservation shall be required for the following:

The following provisions shall apply where the approval of the Minister of Conservation is required under subsection (3) of this section:

Nothing in this section shall apply to the transfer of any existing species to any existing fish farm.

Except where the Director-General or the Director-General of Agriculture and Fisheries requires it to comply with this section, nothing in this section shall apply to the transfer by a Fish and Game Council of sports fish to another location within the same island in New Zealand where the species is already present.

Every person commits an offence against this Act who sells or lets the right to fish in any freshwater.

Subsection (1) of this section shall not apply to the selling or letting of fishing rights on any licensed fish farm to the general public.

Subject to this Act, any person who is the lawful occupier of any land may fish on such land or waters within such land without a licence or payment of fee, within the period and upon such terms and conditions, as may be specified in any notice issued pursuant to section 26ZL of this Act, or in any District Anglers Notice applying, or in any regulations made under section 48 or section 48A of this Act, without being liable to any penalty for so doing.

For the purposes of this section, the term lawful occupier includes the owner of the land and any person who has the right to occupy the land pursuant to a written agreement for a period of not less than 6 months; but does not include the manager of a marginal strip.

Every person who claims to be the lawful occupier of any land pursuant to an agreement referred to in subsection (2) of this section shall produce the agreement on demand by a warranted officer or at any office of the Department or Fish and Game Council within 7 days of a demand by a warranted officer.

In respect of any freshwater fish other than sports fish, the Director-General may, from time to time, by notice in the Gazette, determine a closed season for the whole or any part or parts of the area for such period or periods in any year, month, week, or day that may be most suitable.

The Director-General may, in like manner, extend or vary any closed season so determined or vary any closed season so extended.

During the period of any closed season determined, varied, or extended pursuant to this section for any species of fish it shall be unlawful for any person to take or have in possession any such fish, or in any way injure or disturb any such fish, and every person so doing commits an offence against this Act.

Every person who commits an offence against this section is liable to a fine not exceeding $5,000, and to a further fine not exceeding $20 in respect of every fish in relation to which the offence was committed.

Any person who, during any closed season, is found in possession of any sports fish shall be deemed to have taken or obtained that fish during such closed season until the contrary is proved.

Every person commits an offence who buys, sells, or has in his or her possession for the purpose of sale any freshwater fish taken in New Zealand in contravention of this Part of this Act, or any regulation made or notice given under this Act.

For the purpose of this section, fish shall be deemed to be sold if it forms part of a meal for which payment for that meal or any part of the meal is made, or which is supplied to any person (whether in accordance with the terms of a contract of service or otherwise) who is employed by the person by whom the meal is supplied:

Nothing in this section applies to the purchase, sale, or possession for sale of sports fish where the sale or intended sale is between Fish and Game Councils, or between a Fish and Game Council and the Crown acting for conservation purposes, where the fish have been bred or reared by the seller.

Every person commits an offence who for the purpose of taking or destroying any freshwater fish uses in any water any explosive or toxic gas, or toxic, poisonous, or narcotic substance or any electric fishing device.

Subsection (1) of this section shall not apply to actions taken by a warranted officer, or any person authorised in writing by the Director-General.

In this section, the term explosive has the same meaning as in the Explosives Act 1957.