Freshwater Fish Farming Regulations 1983

2 Interpretation
  • (1) In these regulations, unless the context otherwise requires,—

    Act means the Fisheries Act 1983

    authorised officer means a person or officer—

    • (a) with the appropriate specialist qualifications; and

    • (b) appointed in writing by the chief executive

    brood fish means male or female fish kept on a fish farm for breeding purposes

    disease, in relation to fish, includes any disease specified by the Director-General by notice published in the Gazette; and diseased has a corresponding meaning

    eating-house means any premises, including any restaurant, hotel, or other public eating place, in which food is sold for consumption on the premises or is cooked and sold for consumption off the premises

    fish means such species of fish, aquatic life, or seaweed as may be specified by the chief executive by notice in the Gazette, and—

    • (a) includes—

      • (i) any variety or subspecies of such fish, aquatic life, or seaweed; and

      • (ii) the young, fry, ova, or spawn and any part of such fish, aquatic life, or seaweed:

    • (b) does not include processed fish, aquatic life, or seaweed imported into New Zealand

    fish farm means any establishment (including an ocean-ranching establishment), licensed under these regulations to capture, raise, feed, release, process, or deal in fish for sale; but does not include—

    • (a) any hatchery established and operated by a Fish and Game Council within the meaning of the Conservation Act 1987 or by the Ministry of Agriculture and Forestry or by the Department of Conservation; or

    • (b) any food premises; or

    • (c) any establishment licensed under these regulations solely to process or deal in fish for sale

    food premises means any establishment, including an eating-house, on or from which food is sold or disposed of directly and predominantly to the public; but does not include any establishment licensed under these regulations solely to process or deal in fish for sale

    licence means a fish-farm licence or other licence issued under these regulations; and licensed and licensee have corresponding meanings

    ocean-ranching means releasing juvenile salmon into waters to grow at sea and, on the return of the adult salmon to a specified place, harvesting them or producing ova from them

    officer means an officer appointed under the Act for the purposes of these regulations

    production record, in relation to any fish farm, means a yearly return of fish in a form required by the Director-General

    sales record, in relation to any fish farm or other business, means a return of fish sold by the licensee in a form required by the Director-General

    tag means a coded metal or plastic tag approved by the Ministry of Agriculture and Forestry

    Taupo District means the district described in the Taupo District Order 1983, made pursuant to section 14(8) of the Maori Land Amendment and Maori Land Claims Adjustment Act 1926

    transfer means the transportation of fish obtained from a fish farm licensed under these regulations to or from a leased or licensed area within the meaning of the Marine Farming Act 1971, or to or from another fish farm, or to a point of release into any waters, or to or from any other place

    year means a period of 12 months ending with 31 December.

    (2) No provision of any other regulations under the Act shall apply to any fish raised on or transferred to a fish farm duly licensed under these regulations or food premises that comply with regulation 21.

    Regulation 2(1) authorised officer: substituted, on 26 July 2001, by regulation 3 of the Freshwater Fish Farming Amendment Regulations 2001 (SR 2001/154).

    Regulation 2(1) fish: substituted, on 1 October 1996, by regulation 2 of the Freshwater Fish Farming Regulations 1983, Amendment No 4 (SR 1996/275).

    Regulation 2(1) fish farm paragraph (a): amended, on 1 July 2011, pursuant to the State Sector (Application of Certain Provisions to Transfer of Functions from Ministry of Fisheries to Ministry of Agriculture and Forestry) Order 2011 (SR 2011/136).

    Regulation 2(1) fish farm paragraph (a): amended, on 10 April 1990, pursuant to section 39(1)(b) of the Conservation Law Reform Act 1990 (1990 No 31).

    Regulation 2(1) fish farm paragraph (a): amended, on 1 April 1987, by section 65(3) of the Conservation Act 1987 (1987 No 65).

    Regulation 2(1) licence: amended, on 22 June 2000, by regulation 3 of the Freshwater Fish Farming Amendment Regulations 2000 (SR 2000/80).

    Regulation 2(1) tag: amended, on 1 July 2011, pursuant to the State Sector (Application of Certain Provisions to Transfer of Functions from Ministry of Fisheries to Ministry of Agriculture and Forestry) Order 2011 (SR 2011/136).