Longfin eel
Image: Alton Perrie | ©


Transport Orders in Council allow for approval, exemption or dispensation from providing fish passage if needed as part of recovery works.

The Orders in Council allow Waka Kotahi and KiwiRail to apply for approval, exemption, or dispensation from providing fish passage under the Freshwater Fisheries Regulations 1983, if needed as part of recovery works.

Information on general fish passage authorisations.

Applications for approval, exemption, or dispensation must include:

  • a description of the proposed activity, including: 
    • the purpose and description (including maps) of the culvert, ford, dam, or diversion structure
    • the type of approval, exemption, or dispensation being applied for; and 
    • a description of the place where the proposed activity will be carried out (including the legal status of that place)
    • the proposed duration of the approval, exemption, or dispensation, and the reasons for the proposed duration
  • an assessment of the potential effects of the proposed activity, including:
    • known and predicted freshwater ecosystem and fishery values of the water body or wetland
    • an assessment of the effects on those values of providing or not providing fish passage, including an assessment of the effects on any taonga species
    • any actions that the applicant proposes to take to avoid, remedy, or mitigate any adverse effects of the proposed activity
    • for a ford or culvert, the name of the person who determined that fish passage was or will be impeded
    • for a dam or diversion structure: 
      • whether a fish facility is proposed to be included or a dispensation sought
      • technical specifications for any fish facility to be provided
      • details of any consultation in addition to that required by Schedule 5
  • relevant information about the applicant, including any information relevant to the applicant’s ability to carry out the proposed activity. 

The application must also include a report on iwi consultation undertaken in relation to the proposed recovery work. The report must include: 

  • the names and contact details of Māori entities the Agency engaged with
  • the names of entity representatives who attended the meetings, and the dates of those meeting
  • a summary of the meeting discussions, including any concerns raised about the potential adverse effects of the proposed recovery work on taonga species known or predicted to be in the area
  • the Agency’s responses to any concerns raised. 

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