Fish Passage Regulations (NZ)

An excerpt from DOCs Freshwater Fisheries Regulation document (1985)

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Part 6

Fish passage

Heading after regulation 40 refer as from 19 October 1984, to regulation 3(2)Freshwater Fisheries Regulations 1983, Amendment No 1 (SR 1984/259) which formally amended the Heading by substituting the words PART 6for the words Part 4.

Reprinted as at 3 September 2007 Freshwater Fisheries Regulations 1983 Part 6 r 42

41 Scope

(1) This part of these regulations shall apply to every dam or diversion structure in any natural river, stream, or water.

(2) For the purposes of these regulations dam or diversion structure shall not include—

(a) Any net, trap, or structure erected and used solely for the purpose of taking or holding fish in accordance with the provisions of the Act, or of these regulations:

(b) Any dam constructed on dry or swampy land or ephemeral water courses for the express purpose of watering domestic stock or providing habitat for water birds:

(c) Any water diversion not being incorporated into or with a dam, that is solely and reasonably required for domestic needs or for the purposes of watering domestic stock and that empties, without dead ends, into any viable fish habitat:

(d) Any structure authorised by a Regional Water Board not requiring a water right that in no way impedes the passage of fish.

(3) For the purposes of this Part of these regulations, the term occupier includes the owner of any land when there is no apparent occupier; and also includes any person doing any work by contract for the occupier.

42 Culverts and fords

(1) Notwithstanding regulation 41(2)(d) of these regulations, no person shall construct any culvert or ford in any natural river, stream, or water in such a way that the passage of fish would be impeded, without the written approval of the Director-General incorporating such conditions as the Director-General thinks appropriate.

(2) The occupier of any land shall maintain any culvert or ford in any natural river, stream, or water (including the bed of any such natural river, stream, or water in the vicinity of the culvert or ford) in such a way as to allow the free passage of fish:

Provided that this requirement shall cease if the culvert or ford is completely removed or a written exemption has been given by the Director-General.

Part 6 r 43 Freshwater Fisheries Regulations 1983

Reprinted as at

3 September 2007

43 Dams and diversion structures

(1) The Director-General may require that any dam or diversion structure proposed to be built include a fish facility:

Provided that this requirement shall not apply to any dam or diversion structure subject to a water right issued under the provisions of the Water and Soil Conservation Act 1967 prior to the 1st day of January 1984.

(2) Any person proposing to build such a dam or diversion structure shall notify the Director-General and forward a submission seeking the Director-General’s approval or dispensation from the requirements of these regulations, shall supply to the Director-General such information as is reasonably required by the Director-General to assist him in deciding his requirements (including plans and specifications of the proposed structure and any proposed fish facility).

(3) Should the Director-General consider that the information supplied is inadequate, he shall, within 28 days, advise the applicant as to what further information is required.

44 Requirement for a fish facility

(1) If, in the opinion of the Director-General, a fish facility is required or dispensation from such a requirement is acceptable, the Director-General shall as soon as practical but in no case longer than 6 months if a fish facility is required from the date of receiving all information required, or 3 months where a fish facility is not required from the date of receiving all information required, forward his written requirement or dispensation to whomsoever made the submission.

(2) Where in the opinion of the Director-General a fish facility is required he shall specify what is required to enable fish to pass or stop the passage of fish, and while not limiting this general requirement may specify—

(a) The type, general dimensions, and general design of any fish pass to be utilised:

(b) The type, general dimensions, general design, and placement of any fish screen utilised.

Reprinted as at

3 September 2007 Freshwater Fisheries Regulations 1983 Part 6 r 45

(3) Subject to the Water and Soil Conservation Act 1967 and any determination under that Act, the Director-General may specify—

(a) The type and placement of any water intake to be utilised where fish screens are not required:

(b) The flow of water through any fish pass and the periods of the day and year when the pass must be operational:

(c) The volume, velocity, and placement of additional water to attract migrating fish to any fish pass:

(d) The type and scope of any remedial works in connection with any fish screen or fish pass to enable fish to approach the structure or to be returned to the normal course of the water channel:

(e) The volume or relative proportion of water that shall remain downstream of any dam or diversion structure and the period of day or year that such water flows shall be provided.

(4) Every approval given by the Director-General shall expire 3 years from the date of issue if the construction of the dam or diversion structure is not completed, or such longer time as he may allow.

(5) The manager of every dam or diversion structure in connection with which a fish facility is provided shall at all times keep such fish facility in good and satisfactory repair and order, so that fish may freely pass and return at all times or are prevented from passing as specified under these regulations.

45 Adequate water

The manager of every dam or diversion structure in connection with which a fish facility is provided shall, subject to the Water and Soil Conservation Act 1967 and any relevant determination under that Act, maintain a flow of water through or past such fish facility sufficient in quantity to allow the facility to function as specified at all times or periods specified; but no person shall be liable for a breach of this regulation due to drought, flood, or other sources beyond his control if the default is made good as soon as reasonably possible.

21

Part 6 r 46 Freshwater Fisheries Regulations 1983

Reprinted as at

3 September 2007

46 Required maintenance or repair

The Director-General

may serve notice in writing to the manager of any fish facility notifying him of any defects or want of repair in such fish facility and requiring him within a reasonable time to be therein prescribed to remove any defect or make such repairs as may be required: Provided that nothing in this regulation shall affect the liability of a manager under regulation 44 of these regulations.

47 Damage

No person shall wilfully injure or damage any fish facility.

48 Alterations

No person shall, without the written consent of the Director-General,

make a structural alteration in any fish facility.

49 Inspection of fish facilities

Any Officer may at all reasonable times enter upon any fish facility and upon any remedial works or upon the land bordering such fish facility or remedial works for the purpose of their inspection.

50 Protection of fish

No person, other than an Officer acting in his official capacity, shall take or attempt to take any fish on its passage through a fish facility, or place any obstruction therein or within a radius of 50m of any point of a fish facility, or shall within a radius of 50m of any point of a fish facility use any contrivance whereby fish may be impeded in any way in freely entering or passing through or passing by a fish facility except as may be provided by the Director-General