Changes authorised by subpart 2 of Part 3 of the Legislation Act 2019 have been made in this consolidation. See the notes at the end of this consolidation for further details.

This Act is administered by the Department of Conservation.

	Title
1	Short Title and commencement
2	Interpretation
3	Access to conservation areas
4	Conservation management strategies
5	Conservation management plans
6	Effect of general policies, conservation management strategies, and management plans
7	New Part 3B inserted
8	New sections inserted
9	Marginal strips reserved
10	Power to reduce width of marginal strip
11	Power to increase width of marginal strip
12	Notification of intention to reduce marginal strip
13	Reservation of marginal strips to be recorded
14	Application of Part 3B to disposal of stewardship areas
15	Repeals
16	Functions of New Zealand Fish and Game Council
17	Functions of Fish and Game Councils
18	Fish and Game Council responsibilities
19	Membership
20	Eligibility to vote
21	Term of office of members of Fish and Game Council
22	No remuneration payable to members
23	Application of Part
24	New sections 26ZIA and 26ZIB inserted
25	Restrictions on fishing
26	Transfer or release of live aquatic life
27	Fishing rights not to be sold or let
28	Occupier may fish without licence
29	Buying, selling, or possessing fish, contrary to Act
30	Using explosives, etc, to catch or destroy fish
31	Resources other than land
32	Taking of plants
33	Production of concession, etc, on demand
34	Other offences in respect of conservation areas
35	Forfeiture of property
36	Special regulations relating to freshwater fisheries
37	Consent or approval may be conditional
38	Powers of Director-General
39	Director-General may recover certain costs
40	Indirect applications
41	Royalties, etc, may be required in certain circumstances
42	Certain former State forest land to become protected area on commencement of Act
43	Certain land to be managed as if it is stewardship area
44	Certain land may become protected area without public notification
45	Existing leases, licences, etc
46	New Schedule 4 added
47	Transitional provisions relating to existing leases, etc
	Schedule New Schedule 4 added to principal Act
	Notes

An Act to amend the Conservation Act 1987

BE IT ENACTED by the Parliament of New Zealand as follows:

1 Short Title and commencement

(1)

This Act may be cited as the Conservation Amendment Act 1996, and shall be read together with and deemed part of the Conservation Act 1987 (hereinafter referred to as the principal Act).

(2)

Sections 2(2), 2(5), 3, 4, 5, 6, 7, 14, 15, 32, 33, 34(1), 34(3), 34(4), 37, 39, 40, 41, 42, 43, and 47 of this Act shall come into force on the 1st day of July 1996.

(3)

Section 24 of this Act shall come into force on a date to be fixed by the Governor-General by Order in Council.

(4)

Except as provided in subsections (2) and (3) of this section, this Act shall come into force on the day on which it receives the Royal assent.

2 Interpretation

(1)

This subsection repealed the definition of the term District Anglers Notice in s 2(1) of the principal Act.

(2)

This subsection substituted the definitions of the terms lease, and licence, and repealed the definitions of lessee, and licensee, in s 2(1) of the principal Act.

(3)

This subsection inserted the definitions of the terms Anglers Notice, Contaminant, Game hunting guide, Sports fishing guide and Wildlife in s 2(1) of the principal Act.

(4)

This subsection inserted the definitions of the terms Activity, Certified aerodrome, Concession or concession document, Concessionaire, Effect and Permit in s 2(1) of the principal Act.

3 Access to conservation areas

(1)

This subsection substituted s 17 of the principal Act.

(2)

The following enactments are hereby consequentially repealed:

(a)

Section 2(1) of the Conservation Amendment Act 1988:

(b)

Section 12 of the Conservation Law Reform Act 1990.

4 Conservation management strategies

Section 17D(8) of the principal Act (as inserted by section 13(1) of the Conservation Law Reform Act 1990) is hereby amended by inserting, after the words “have regard to”, the words “any relevant concessions for the time being in force and to”.

5 Conservation management plans

Section 17E(9) of the principal Act (as inserted by section 13(1) of the Conservation Law Reform Act 1990) is hereby amended by inserting, after the words “have regard to”, the words “any relevant concessions for the time being in force and to”.

6 Effect of general policies, conservation management strategies, and management plans

Section 17N of the principal Act (as inserted by section 13(1) of the Conservation Law Reform Act 1990) is hereby amended by repealing subsection (3).

7 New Part 3B inserted

(1)

This subsection inserted Part 3B (comprising ss 17O to 17ZJ) of the principal Act.

(2)

Where any person lawfully occupied any conservation area at the commencement of this Act in accordance with any right lawfully granted on or before 1 April 1987 under any Act or any contract made on or before 1 April 1987 then, notwithstanding sections 17U or 17W of the principal Act, as inserted by subsection (1) of this section, the Minister may grant a concession to that occupant for the area lawfully occupied by the occupant, but the extent of the activities authorised by any such concession shall be no greater than was lawfully exercised by the occupant.

(3)

Where any concession is granted under subsection (2) of this section to the occupant, any prior right given to the occupant to occupy the land shall be void and of no effect.

(4)

The provisions of section 17T(4) and (5) of the principal Act (as so inserted) shall not apply to any concession granted under subsection (2) of this section.

(5)

The following enactments are hereby consequentially repealed:

(a)

Sections 14 and 15 of the principal Act:

(b)

Sections 8 and 9 of the Conservation Law Reform Act 1990.

(6)

The policy approved by the Minister of Conservation on 20 October 1994 under section 17B of the principal Act as the Policy of the Minister of Conservation on Concessions for Recreation and Tourism Business Operations in Reserves and Conservation Areas is hereby consequentially revoked.

8 New sections inserted

This section inserted ss 23A and 23B of the principal Act.

9 Marginal strips reserved

This section amended s 24 of the principal Act.

10 Power to reduce width of marginal strip

This section amended s 24A of the principal Act.

11 Power to increase width of marginal strip

This section inserted s 24AA of the principal Act.

12 Notification of intention to reduce marginal strip

This section inserted s 24BA of the principal Act.

13 Reservation of marginal strips to be recorded

This section amended s 24D of the principal Act.

14 Application of Part 3B to disposal of stewardship areas

This section inserted section 26(8) of the principal Act.

15 Repeals

(1)

This subsection repealed sections 24I (as inserted by section 15 of the Conservation Law Reform Act 1990), 31, and 32 of the principal Act.

(2)

The following enactments are hereby consequentially repealed:

(a)

Section 20 of the Conservation Law Reform Act 1990:

(b)

So much of Part 1 of Schedule 8 to the Resource Management Act 1991 as relates to section 31 of the principal Act.

16 Functions of New Zealand Fish and Game Council

This section amended s 26C of the principal Act.

17 Functions of Fish and Game Councils

This section amended s 26Q of the principal Act.

18 Fish and Game Council responsibilities

This section amended s 26R of the principal Act.

19 Membership

This section amended s 26U of the principal Act.

20 Eligibility to vote

This section substituted s 26Y(1) of the principal Act.

21 Term of office of members of Fish and Game Council

This section amended s 26ZA(2) of the principal Act.

22 No remuneration payable to members

This section inserted s 26ZF of the principal Act.

23 Application of Part

This section amended s 26ZG of the principal Act.

24 New sections 26ZIA and 26ZIB inserted

After section 26ZI, insert:

26ZIA Sports fishing guides

(1)

A person must not act as a sports fishing guide unless they hold a current sports fishing guide licence.

(2)

A person who contravenes subsection (1) commits an offence and is liable to a fine not exceeding $5,000.

26ZIB Use of gaffs prohibited

(1)

A person must not use a gaff to take any freshwater fish unless permitted to do so by an Anglers Notice.

(2)

A person who contravenes subsection (1) commits an offence and is liable to a fine not exceeding $5,000.

Section 24: replaced, on 27 November 2025, by section 29 of the Statutes Amendment Act 2025 (2025 No 74).

25 Restrictions on fishing

This section amended s 26ZL of the principal Act.

26 Transfer or release of live aquatic life

This section amended s 26ZM of the principal Act.

27 Fishing rights not to be sold or let

This section substituted s 26ZN of the principal Act.

28 Occupier may fish without licence

This section amended s 26ZO of the principal Act.

29 Buying, selling, or possessing fish, contrary to Act

This section inserted s 26ZQ(1A) of the principal Act.

30 Using explosives, etc, to catch or destroy fish

This section amended s 26ZR of the principal Act.

31 Resources other than land

This section amended s 28(3) of the principal Act.

32 Taking of plants

(1)

This subsection substituted s 30(1)(a) and inserted s 30(1)(aa) of the principal Act.

(2)

This subsection repealed s 30(1)(c) and (5) of the principal Act.

(3)

Section 19(3) of the Conservation Law Reform Act 1990 is hereby consequentially repealed.

33 Production of concession, etc, on demand

This section amended s 37 of the principal Act.

34 Other offences in respect of conservation areas

(1)

This subsection amended s 39(1) of the principal Act.

(2)

This subsection amended s 39(1) of the principal Act.

(3)

This subsection inserted s 39(1)(ba) of the principal Act.

(4)

This subsection inserted s 39(1)(ca) of the principal Act.

(5)