Pursuant to section 263 of the Fisheries Act 1996, Her Excellency the Governor-General, acting on the advice and with the consent of the Executive Council, makes the following rules.

1 Title

2 Commencement

3 Interpretation

4 Who must pay levies, and basis for levy

5 Allocation of costs for aquaculture services

1 Title

(1) These rules are the Fisheries (Cost Recovery) Amendment Rules 2005.

(2) In these rules, the Fisheries (Cost Recovery) Rules 2001¹ are called “the principal rules”.

2 Commencement

These rules come into force on 1 January 2006.

3 Interpretation

Rule 3(1) of the principal rules is amended by inserting, in their appropriate alphabetical order, the following definitions:

“coastal permit means a coastal permit under the Resource Management Act 1991

“registered fish farmer means a fish farmer registered under Part 9A of the Act”.

4 Who must pay levies, and basis for levy

(1) Rule 6(1)(d) of the principal rules is amended by inserting, after the words “fish farmers”, the words “(being persons undertaking fish farming under licences granted under the Freshwater Fish Farming Regulations 1983)”.

(2) Rule 6(1)(d)(ii) of the principal rules is amended by omitting the words “licences, permits,”, and substituting the words “coastal permits”.
(3) Rule 6(1) of the principal rules is amended by adding the following paragraph:
- “(e) fish farmers (being registered fish farmers), on the basis of the aggregate area in hectares of all fish farms in relation to which a fish farmer is registered.”

5 Allocation of costs for aquaculture services

(1) Rule 10 of the principal rules is amended by inserting, after the word “recovered”, the words “in relation to a fish farm (being the area and premises specified in a current licence under the Freshwater Fish Farming Regulations 1983)”.

(2) Rule 10(b) of the principal rules is amended by omitting the words “licences, permits,”, and substituting the words “coastal permits”.
(3) Rule 10 of the principal rules is amended by adding, as subclause (2), the following subclause:
- “(2) In respect of the aquaculture services specified in item 11 in the Schedule, costs are to be recovered in relation to fish farms (being fish farms in relation to which fish farmers are registered) on the basis of the aggregate area in hectares of all fish farms in relation to which a fish farmer is registered.”

Diane Morcom,

Clerk of the Executive Council.

Explanatory note

This note is not part of the rules, but is intended to indicate their general effect.

These rules, which come into force on 1 January 2006, amend rules 6 and 10 of the Fisheries (Cost Recovery) Rules 2001 to provide a different basis for the payment of levies by fish farmers registered under Part 9A of the Fisheries Act 1996.

The basis for the payment of levies by fish farmers operating under licences under the Freshwater Fish Farming Regulations 1983 remains unchanged.

Issued under the authority of the Acts and Regulations Publication Act 1989.

Date of notification in Gazette: 8 December 2005.

1 SR 2001/229

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Fisheries (Cost Recovery) Amendment Rules 2005