Schedule 9 - Approvals relating to complex freshwater fisheries activities

A “complex freshwater fisheries activity approval” means an approval that would otherwise be applied for under regulation 42 and 43 of the Freshwater Fisheries Regulations 1983. These include the construction of any culvert or ford in any natural river, stream or water in such a way that the passage of fish would be impeded, and the construction of dams and diversion structures. 

Information requirements: referral application 

In addition to general information requirements in the Act, a referral application relating to complex freshwater fisheries activities must include: ^{abbf046f-291b-449c-bdff-e51f513fecf4}

•  Whether an in-stream structure is proposed (including formal notification of any dam or diversion structure) and the extent to which this may impede fish passage; and
• Whether any fish salvage activities or other freshwater fisheries activities are proposed.

Information requirements: substantive application 

In addition to general information requirements in the Act, a substantive application relating to complex freshwater fisheries activities must include: ^{de69da9c-b73c-455a-b416-33c9881be884}  

• In relation to the structure and any fish facility: a description of the type, dimensions, design and placement of the structure or fish facility; the water flows and operating regime.
• The freshwater species and values present
• The water quality and quantity in the surrounding habitat (at the proposed structure location, upstream and downstream)
• How the passage of the fish will be provided for or impeded

The Director-General of Conservation is required to prepare a specified report that includes information about the activity and if any conditions should be imposed. 

The Panel’s decision

When assessing the application, the panel must take into account: ^{601a3120-5b11-4a3b-8760-59678410cd79}  

• The purpose of the Fast Track Approvals Act, which is to facilitate the delivery of infrastructure and development projects with significant regional or national benefits
• The alignment of the proposed activity with the best practice and the New Zealand Fish Passage Guidelines; and
• How the proposed activity will manage risks to freshwater values or habitat, including prevention of access to or spread of invasive species; and
• The availability and quality of the habitat upstream and downstream of the proposed activity; and
• The presence of threatened, data-deficient, or at risk species under the New Zealand Threat Classification System in the vicinity of the proposed activity; and
• The advantages and disadvantages of providing fish passage upstream and downstream of the proposed activity

When considering all the above, the panel must give the greatest weight to the purpose of the Act.

Conditions

A panel may impose conditions on an approval that considers necessary to manage the effects of the activity on freshwater fish species, taking into account the best practice standard, and the New Zealand Fish Passage Guidelines. 

Status of the activity

A complex freshwater fisheries activity approval has the same force and effect for its duration, and according to its terms and conditions as if it were given under regulation 42 and 43 of the Freshwater Fisheries Regulations 1983. 

Last updated at 7:41PM on February 7, 2025