Clause 9
In clause 9, new section 26ZJ(1)(a), replace “section 26ZJA(2)”
(page 6, line 27) with “section 26ZJA(3)”
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In clause 9, after new section 26ZJ(1)(c) (page 6, after line 31), insert:
(ca)
disturbs any sports fish that are congregating or have congregated to spawn:
In clause 9, new section 26ZJ(2), replace “Subsection (1)”
(page 7, line 4) with “Subsection (1)(a) to (c)”
.
In clause 9, new section 26ZJ(3), replace “Subsection (1)(d) and (e)”
(page 7, line 6) with “Subsection (1)(ca) to (e)”
.
In clause 9, new section 26ZJ(4), replace “section 26ZJA(3) or (4)”
(page 7, lines 8 and 9) with “section 26ZJA(4) or (5)”
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In clause 9, replace new section 26ZJA (page 7, line 10 to page 8, line 6) with:
26ZJA Director-General may declare spawning area
(1)
The Director-General may, by notice in the Gazette, declare an area to be a spawning area if the Director-General has reasonable grounds to believe that the area—
(a)
is being used for the spawning of freshwater fish; or
(b)
is suitable for the spawning of freshwater fish.
(2)
Without limiting subsection (1), the Director-General may make a notice declaring a spawning area under that subsection on the recommendation of the New Zealand Fish and Game Council in relation to the spawning of sports fish in the area.
(3)
A person must not carry out an activity in a declared spawning area that disturbs or is reasonably likely to disturb the area unless—
(a)
the Director-General has given authorisation under subsection (4) or (5) for the activity to be carried out; and
(b)
the person complies with any conditions or restrictions specified in the authorisation.
(4)
The Director-General may, by notice in the Gazette, give authorisation for a specified activity to be carried out in a declared spawning area that disturbs or is reasonably likely to disturb the area, if the Director-General is satisfied that—
(a)
the activity would have no more than a minor effect on the suitability of the area for the spawning of freshwater fish; or
(b)
the activity is necessary for the restoration of the area; or
(c)
the purpose of the activity outweighs any adverse effect it may have on the spawning of freshwater fish in the area.
(5)
The Director-General may, on application, give a person written authorisation to carry out a specified activity in a declared spawning area that disturbs or is reasonably likely to disturb the area if the Director-General is satisfied that—
(a)
subsection (4)(a), (b), or (c) applies to the activity; and
(b)
any requirements in regulations have been met.
(6)
An authorisation under subsection (4) or (5) may be subject to any conditions or restrictions specified by the Director-General in the authorisation.
(7)
In this section, an activity disturbs a declared spawning area if it—
(a)
disturbs the spawning of freshwater fish in the area; or
(b)
makes the area less suitable for the spawning of freshwater fish in the area.
(8)
A notice under subsection (4) is a disallowable instrument for the purposes of the Legislation Act 2012 and must be presented to the House of Representatives under section 41 of that Act.