S 186A&B Temporary Closures/ Method restrictions
Section 186A& B of the Fisheries Act 1996 allows the Minister of Fisheries or the Chief Executive of the Ministry of Fisheries to temporarily close an area to fishing.
The specific purpose is to provide for the use and management practices of Tängata Whenua in the exercise of their customary rights.
Temporary closures are designed to respond to localised depletion of fisheries resources. Note that in this context, Tängata Whenua means the hapu or iwi that hold manawhenua in the area. Anyone (not just Tängata Whenua) can request a s 186A (North Island/ Chathams) and 186B (South Island) temporary closure, but the legislation is designed for customary purposes so must meet that purpose and have the support of Tängata Whenua if they are not the applicants.
Differences between S186A & S186B
|
S186A |
S186B |
Approval |
Minister of Fisheries |
Chief Executive |
Criteria |
Minister must be satisfied that the closure/ restriction/ prohibition will improve the availability or size of a species of fish etc |
Chief Executive must consider likely that the closure/ restriction/ prohibition will replenish the stock of the species of fish etc |
Species/Stock |
Species |
Stock |
Location |
North Island / Chathams |
South Island |