Aquaculture legislation | NZ Government

Land-based aquaculture

We manage land-based aquaculture through the Freshwater Fish Farming Regulations 1983, under the Fisheries Act 1996. The regulations cover all aquaculture above the high tide mark. This includes aquaculture:

in freshwater canals
in indoor aquariums
on land using fresh water
on land using sea water or brackish water (either pumped from the sea or circulated around the farm).

Under the regulations, farmers must have a fish-farm licence – which we grant – to farm certain listed species.

Freshwater Fish Farming Regulations 1983 – NZ Legislation

Marine aquaculture

Marine aquaculture is mainly managed under the Resource Management Act 1991 (RMA). The RMA promotes sustainable management of natural resources.

Marine farmers must also meet requirements under the Fisheries Act 1996 so MPI can understand who is undertaking farming and ensure traceability of stock across the aquaculture supply chain.

Under the RMA:

regional councils are responsible for planning and managing aquaculture in their coastal area between high tide and the 12 nautical mile limit
any new marine farm must have a resource consent from the regional council.

Resource Management Act 1991 – NZ Legislation

Under the Fisheries Act:

the Ministry for Primary Industries is responsible for assessing the effects of new aquaculture on fishing, through the undue adverse effects (UAE) test
a marine farmer must be registered on the Fish Farmer Register before commencing farming at a site.

Fisheries Act 1996 No 88 (as at 1 April 2021), Public Act Contents – NZ Legislation

National environmental standards for marine aquaculture

National environmental standards for marine aquaculture (NES-MA) came into force on 1 December 2020.

National environmental standards are established under the RMA. The NES-MA set national rules that replace regional council rules, except where the NES-MA allows regional council rules to remain in force.

The NES-MA will make sure marine farms meet best environmental practice while providing a more certain and efficient process for:

replacement consents for existing marine farms
realignment
change of species applications.

Find out more about the NES-MA

2011 changes to aquaculture legislation

Legislation was changed in 2011 to:

encourage sustainable aquaculture development
streamline planning and approvals for marine aquaculture.

Changes were made to the:

Resource Management Act 1991
Aquaculture Reform (Repeals and Transitional Provisions) Act 2004
Fisheries Act 1996
Māori Commercial Aquaculture Claims Settlement Act 2004.

Prior to this, under the Aquaculture Reform Act, farmers could apply to set up new farms only in aquaculture management areas (AMAs) established by councils. AMAs were introduced as a management tool but were found to complicate and delay approvals for new aquaculture. The 2011 changes simplified the approval process by removing the need for AMAs.

Overview of legislative changes [PDF, 736 KB]

Māori commercial aquaculture claims settlement

The Māori Commercial Aquaculture Claims Settlement Act 2004 allowed for settlement of Māori claims to commercial aquaculture by allocating 20% of AMAs. Since the need for AMAs was removed from aquaculture legislation in 2011, settlement has instead been done through regional agreements.

Find out more about the Māori commercial aquaculture claims settlement

Delivering on the Māori commercial aquaculture settlement [PDF, 593 KB]

Biosecurity legislation

Biosecurity New Zealand works under the Biosecurity Act 1993, to reduce the risk of harmful pests and diseases getting into New Zealand – including our waters. The Act also gives powers to deal with harmful organisms that manage to get into New Zealand.

Find out about: