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Reference Material

Important Reference Material

General

 

Categories

 
Customary Legal -
Economics
Legal - Policy
Quota management system
Recreational harvest
Reports
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Please note: Latest documents are at the top of each table section.
See also the Right to Fish for Food Reference Material  

Customary

Customary Maori tools and mechanisms in action. customary maori tools
Comparison of the differences between the North Island and South Island customary fishing regulations. customary maori tools
Section 186
Section 186 of the Fisheries Act 1996 - regulations relating to customary fishing
customary maori tools
Section 186A
Section 186A of the Fisheries Act 1996 - temporary closure of fishing area or restriction on fishing methods.
customary maori tools
Section 186B
Section 186B of the Fisheries Act 1996 - temporary closure of fisheries.
customary maori tools

Economics

Economic study of recreational fishing in Victoria, Australia
This Ernst & Young report estimates recreational fishing contributed around $825 million to the Victorian economy between 2008 and 2009. Recreational fishing contributes around 5,200 jobs annually.

Nov 2009

(1.2MB)

SACES report of value of fishing in New Zealand
The economic value of recreational fishing in New Zealand, based on the five most popular species. Report written for the Ministry of Fisheries in November 1999, by the South Australian Centre for Economic Studies.

Nov 1999

(750Kb)

Legal

Legislation - Fisheries Act 1996

Fisheries Act 1996
Official online source of legislation, Bills and regulations.
legislation bills and regulations
Section 8 - Purpose of the Fisheries Act 1996 section 8 of the Fisheries Act
Section 9 - Environmental principles of the Fisheries Act 1996 section 9 of the Fisheries Act
Section 10 - Information principles of the Fisheries Act 1996 section 10 of the Fisheries Act
Section 11 - Sustainability measures of the Fisheries Act 1996 section 11 of the Fisheries Act
Section 12 - Consultation obligations on the Minister of Fisheries section 12 of the Fisheries Act
Section 13 of the Fisheries Act 1996 - Total allowable catch (TAC) section 13 of the Fisheries Act
Section 14 of the Fisheries Act 1996 - Alternative total allowable catch (TAC) for Schedule 3 stocks section 10 of the Fisheries Act
Section 14A of the Fisheries Act 1996 - Alternative total allowable catch (TAC) for stocks specified by Order in Council section 10 of the Fisheries Act
Section 14B of the Fisheries Act 1996 - Alternative total allowable catch (TAC) for certain stocks section 10 of the Fisheries Act
Section 14C of the Fisheries Act 1996 - Stock may be declared no longer subject to section 14B section 10 of the Fisheries Act
Section 20 of the Fisheries Act 1996 - Setting and variation of the total allowable commercial catch (TACC) section 10 of the Fisheries Act
Section 21 of the Fisheries Act 1996 - Matters to be taken into account in setting or varying any total allowable commercial catch (TACC) section 21 of the Fisheries Act
Section 23 of the Fisheries Act 1996 - Effect of increase in total allowable commercial catch (TACC) section 10 of the Fisheries Act
Section 97 of the Fisheries Act 1996 - Special permits section 97 of the Fisheries Act
Section 199 of the Fisheries Act 1996 - Powers of entry and search section 10 of the Fisheries Act
Section 201 of the Fisheries Act 1996 - Powers to question persons and require production of documents section 201 of the Fisheries Act
Section 203 of the Fisheries Act 1996 - Power of arrest section 203 of the Fisheries Act
Section 205 of the Fisheries Act 1996 - Power to use reasonable force in exercise of certain powers. section 205 of the Fisheries Act
Section 311 of the Fisheries Act 1996 - Areas closed to commercial fishing methods. section 311 of the Fisheries Act

MFish interpretations of Fisheries Act

28N Rights - MFish brief explanation of the Fisheries Act 28N rights. Holders of 28N rights are the first commercial stakeholders to receive extra quota if the TACC is increased. Information provided by MFish in May 2006.

May 2006

28 N rights

Legal terms - MFish definition of commonly applied expressions used in legislation. Information supplied by MFish in October 2001.

Oct 2001

Ministry definition of legal terms

These interpretations were supplied by the Ministry of Fisheries in October 2001.
Section 8 of the Fisheries Act 1996 - MFish interpretation MInistry of Fisheries interpretation of section 8 of the Fisheries Act
Section 9 of the Fisheries Act 1996 - MFish interpretation MInistry of Fisheries interpretation of section 9 of the Fisheries Act
Section 10 of the Fisheries Act 1996 - MFish interpretation MInistry of Fisheries interpretation of section 10 of the Fisheries Act
Section 11 of the Fisheries Act 1996 - MFish interpretation MInistry of Fisheries interpretation of section 11 of the Fisheries Act
Section 12 of the Fisheries Act 1996 - MFish interpretation MInistry of Fisheries interpretation of section 12 of the Fisheries Act
Section 13 of the Fisheries Act 1996 - MFish interpretation MInistry of Fisheries interpretation of section 13 of the Fisheries Act
Section 14 of the Fisheries Act 1996 - MFish interpretation MInistry of Fisheries interpretation of section 14 of the Fisheries Act

Court judgments

Kahawai Legal Challenge 2005 to 2009
Non-commercial fishers' challenge against the Minister of Fisheries 2004 and 2005 management decisions for kahawai.
2005 - 09
kahawai legal challenge
Tipping Snapper 1 decision
Justice Tipping's Court of Appeal decision related to the Minister of Fisheries' Snapper 1 decision and July 1997 High Court judgment. 27 pages.

22 Jul 97
(70Kb)

Tipping Snapper 1 decision

McGehan Snapper 1 decision
Judgment of the High Court by Justice McGehan related to the judicial review of the Minister of Fisheries' 1995 and 1996 decisions for Snapper 1. 178 pages.

24 Apr 97
(760Kb)

McGehan Snapper 1 decision

McKay Consultation definition
Judgment of the Court of Appeal delivered by McKay J, defining the meaning of consultation. Air NZ v Wellington International Airport Ltd and Ors.

1993
(20Kb)

McKay consultation definition Wellington airport

Other relevant legislation

Marine Reserve Act 1996 amendment
1996 Amendment to section 23 of the Marine Reserve Act 1971 relating to rights of access and navigation through a marine reserve.

1996

28 N rights

Marine Reserves Act 1971
The complete Marine Reserves Act 1971 with amendments is online at the legislation website.

1971

marine reserves act 1971

Deed of Settlement 1992
Treaty of Waitangi (Fisheries Claims) Settlement. Otherwise known as the Deed of Settlement, between the Crown and Maori to resolve their disputes in relation to fishing rights and interests and the Quota management system.

Sep 1992

Deed of Settlement

Deed of Settlement 1992 - Section 10
Effect of the Treaty of Waitangi (Fisheries Claims) Settlement on non-commercial Maori fishing rights and interests.

Sep 1992

Deed of Settlement section 10

Conservation Act 1987 - Section 6P
Section 6P of the Conservation Act 1987 relating to membership of Conservation Boards.

1987

Conservation Act section 6p

Conservation Act 1987
The Conservation Act 1987 with amendments is online at the legislation website.

1987

Conservation Act 1987

Fisheries (Amateur Fishing) Regulations 1986
The Fisheries (Amateur Fishing) Regulations 1986, including latest amendments and localised regulations are online at the official website......

1986

Amateur Fishing Regulations 1986

Official Information Act 1982
The Official Information Act 1982 with amendments is online at the legislation website.

1982

Official Information Act 1982

Official Information Act 1982 - section 12
Section 12 of the Official Information Act 1982 relating to requests for access to official information.

1982

Official Information Act section 12

Official Information Act 1982 - section 28
Section 28 of the Official Information Act 1982 relating to functions of the Ombudsman.

1982

Official Information Act section 28

Official Information Act 1982 - section 92A
Section 92 of the Official Information Act 1982 relating to other reasons for witholding information.

1982

Official Information Act section 92A

Marine Mammal Protection Act 1978
The Marine Mammal Protection Act 1978.

1978

Marine Mammal Protection Act 1978

Treaty of Waitangi 1840
An English translation of the Maori version of the Treaty of Waitangi.

6 Feb 1840

Treaty of Waitangi English translation of Maori version

Policy

Marine Policy fisheries report - NZ bycatch
This report conservatively estimated New Zealand's bycatch rate, including discards, at 24.6 percent of total catch - 122,262 tonnes of bycatch from an average annual catch of 497,000 tonnes between 2000 and 2003.

Dec 2009

(270Kb)

Fisheries 2030 Vision and Strategy
The Fisheries 2030 Policy is an MFish and government initiative to "unlock value" from New Zealand's fisheries. Read about this process and why you are not being offered the chance to have a say before serious changes are made...

2008 - 10

Fisheries 2030

Fisheries Standards
option4 endorsed the NZ Big Game Fishing Council's submissions relating to the MFish-proposed Harvest Strategy and Introduction to the QMS Standards.

2006- 07

Harvest and QMS standards

Shared Fisheries Policy
MFish process to develop a policy to address long-standing allocation and management issues in shared fisheries, where both commercial and non-commercial fishers have an interest. Details here......

2006- 07

Shared Fisheries Policy

Allocation Issues - MFish
MFish paper in response to the 2005 submissions relating to the sustainability measures, and the option4 discussion about the proportional allocation model being adopted by the Ministry of Fisheries.

Sep 2005

(130Kb)

MFish allocation issues paper

Policy and Management Issues - MFish
MFish paper in response to the 2005 submissions relating to the sustainability measures, including the review of grey mullet, flounder, kahawai, kingfish and snapper. Worth a read......

Sep 2005

(240Kb)

MFish policy and management issues paper

Process Issues - MFish
MFish paper in response to issues raised in the 2005 sustainability round. This paper responds to concerns from both commercial and non-commercial interests.

Sep 2005

(80Kb)

MFish process issues paper

Proportional Allocation - Non-commercial perspective
A comprehensive analysis of the proportional allocation policy being adopted by the Ministry of Fisheries. Proportional allocation is a convenient way for MFish to ignore historic management failures and avoid compensation issues for the Crown. Must read......

Aug 2005

Non commercial analysis of proportional allocation policy

Graham Kelly Senate speech
A bizarre presentation to the Canadian Senate Committee on Fisheries and Oceans, by a New Zealand government representative. So much nonsense on fisheries management in New Zealand.

Apr 2005

Kelly speech to Canadian Senate

Alternative management document
A non-commercial summary of the injustices that lie at the heart of effective fisheries management. Until these injustices are acknowledged and resolved it is hard to see any progress. Solutions are included in this discussion document provided to the Minister and MFish in December 2004.

Dec 2004

Non commercial management discussion document

Political party policy analysis 2002
option4 analysis and scorecard of various political party's fisheries policies prior to the 2002 general election.

Jul 2002

2002 election fisheries policy analysis

Oceans Policy Stage Two
Speech by Pete Hodgson, Minister of Fisheries, announcing Oceans Policy moving into Stage Two. Speech to the Ngai Tahu Te Waipounamu Treaty Festival, Otago.

Feb 2002

Oceans Policy stage two

MFish Reform Consultation Plan 2002/03
MFish revised consultation plan for recreational fisheries reform 2002-03. This is very different to the draft released two months earlier. Received 4 February 2002.

4 Feb 02

2002 reform consultation plan

MFish Draft Consultation Plan 2002/03
MFish draft consultation plan for recreational fisheries reform. Received 21 December 2001.

21 Dec 01

2001 reform consultation plan

Oceans Policy Cabinet Papers
Oceans Policy Cabinet Papers presented by the Minister of Fisheries, Pete Hodgson, to his Cabinet colleagues. November 2001.

Nov 2001

Oceans Policy cabinet papers

MFish Policy - Allocation of TAC
MFish Policy for allocation of the total allowable catch (TAC) between stakeholders.

Aug 2001

MFish TAC allocation policy

Property Rights and Recreational Fishing
Property Rights and Recreational Fishing: Never the Twain Shall Meet? A paper by Jenny McMurran.

c 2000

McMurran property rights

Soundings Reform Process
Soundings recreational fishing reform process. A seriously flawed attempt to reform the rights and interests of all New Zealanders to go down to the sea and catch a fish for food.

July 2000

Soundings reform process

Soundings Discussion Document
Soundings recreational fishing reform discussion document, including options to redefine recreational fishing in New Zealand. Document by the Rights Working Group consisting of the NZ Recreational Fishing Council and MFish officials.

July 2000

(600Kb)

Soundings discussion document

Pearse Report
Pearse Report - fisheries policy development in New Zealand. This report suggests the solution to solving fisheries issues is to allocate an explicit share to recreational interests. The proportional share ideaology has a history.

July 1991

Soundings reform process

National Policy for Marine Recreational Fisheries
A Government policy document outlining how the Moyle's Promise would be given practical effect. Released at the same time as Moyle's Promise.

June 1989

Soundings reform process

Printable version of National Policy for Marine Recreational Fisheries National Recreational Policy June 1989
Moyle's Promise
A commitment from the Minister of Fisheries, Colin Moyle, that preference would be given to non-commercial interests if there was insufficient fish abundance. Known as Moyle's Promise.

June 1989

Soundings reform process

Printable version of Moyle's Promise of preference to non-commercial interests Moyles promise June 1989

Quota Management System

A straightforward, easy to read summary of the Quota Management System by Clements and Associates.

Deemed values
Deemed values are a fine imposed on commercial fishers who catch fish without ACE. There have been several reviews and ongoing debate about these fines and their effectiveness. Read the latest information here......

Jul 2010

deemed value process

Foreign charter vessels
A series of correspondence about foreign charter vessels, between the Minister of Fisheries and the Northland and North Island West Coast regional recreational fisheries forums. Full observer coverage is required on all foreign charter vessels fishing in New Zealand's waters.

Dec 2009

foreign charter vessels

Foreigners not the only fisheries scandal - Article
Our fisheries and all New Zealander's interests are being poisoned by the failure of successive governments to address long-standing issues with the quota management system. Billions of dollars have been squandered......

Sep 2005

(20Kb)

Foreign fisheries scandal

Briefing to incoming Ministers
When a new Minister of Fisheries is appointed the Ministry of Fisheries provide a briefing paper that gives an overview of the fisheries sector and highlights key issues likely to arise over the following three years. This page follows the progress of these documents.....

Mar 2009

briefing to incoming mininsters

Section 13 Amendment
In 2008 the Ministry of Fisheries proposed to amend section 13 of the Fisheries Act 1996. The proposed amendments were highly controversial and generated strident opposition. Follow the intense process and reasons why non-commercial interests objected to the proposals......

Aug 2008

section 13 amendment process

Fisheries Act Amendment Bill 2007
Early in 2007 the Minister of Fisheries proposed amendments to sections 10c and 10d of the Fisheries Act 1996, to enable a more precautionary approach to be taken by fisheries managers. Follow the process here.......

Apr 2007

2007 Fisheries act amendment bill

MFish Statement of Intent
Every year MFish issue a Statement of Intent setting out the department's strategic direction for the next year. option4 challenged the 2006 document because MFish had no intent to meaningfully engage with the public. 2006 process details here........

7 Jun 06

MFish Statement of Intent

Aquacultue and finfish farming
The pressure is on to increase the value of exports from aquaculture and finfish farming. This has major implications for the health of our coastal environment.. For more information go here.........

2003 - 10

Aquaculture and finfish farming

Adaptive Management Programmes (AMPs)
The clear intent of Adaptive Management Programmes (AMPs) is to fish down the stock fast enough to enable the decline in commercial trawl catch effort to be measured within a certain time period. We fail to see how AMPs address management issues and "allow for" non-commercial fishing interests.....

2002 - 05

Adaptive management programmes

Quota Management System (QMS)
An explanation of the Quota Management System (QMS), early management proposal papers and submissions by option4 and other interested parties.

2002 - 09

Quota management system early submissions

Tuna NZ Inc submission on the Introduction of New Species or Stocks to the QMS 1/10/04 – This submission contains many penetrating insights into the Quota Management System – well worth reading.

Mar 2002

Tuna NZ qms submission March 2002

Recreational Harvest

Special Permits
MFish consultation process discussing the addition of a new purpose to enable special permits to be issued under section 97(1)(c) of the Fisheries Act 1996.

2008

Special permits consultation

Fiordland fisheries management
A brief record of the process to amend fisheries management in the Fiordland region. Ultimately this process succeeded in denying the public access to sufficient seafood to enable people to provide for their social and cultural wellbeing. More details here.......

2003 - 04

Fiordland fisheries reform

Review of 1999/2000 National Marine Recreational Fishing Survey: harvest estimates - by Robert Kearney, Professor of Fisheries, University of Canberra. Released September 2002.

Sept 2002

Printable version of National Recreational Fishing Survey. Kearney. R National Harvest survey. Kearney

Report of 1999/2000 Harvest Estimates
A report of the 1999/2000 National marine recreational harvest estimates. Report by Boyd and Reilly.

2000

Boyd 2000 Harvest estimate report

Printable version of the National recreational harvest estimates. Boyd and Reilly.
National Harvest survey. Kearney
Fisheries (Amateur Fishing) Regulations 1986
The Fisheries (Amateur Fishing) Regulations 1986, including latest amendments and localised regulations are online at the official website......

1986

Amateur Fishing Regulations 1986

Reports

Cutting the Cake in a Shared Fishery
A report by the Economic Research Associates of West Australia. This 45-page report, Cutting the Cake in a Shared Fishery with a Minimally Managed Non-Commercial Sector, is worth a read.

Apr 2010

(1MB)

ERA shared fishery report

An Over-Arching Representative Body
Report of meeting to discuss creating an over-arching body to represent marine amateur fishing interests. The possible options include smart-cards, membership or license fees.

Apr 2010

(300Kb)

Overarching body meeting report

NIWA Report - west coast snapper
A review of land-based effects on coastal fisheries and supporting biodiversity in New Zealand. Mark Morrison et al. 2009. (Caution: Large file: 5.7 MB)

2009

(5.7 MB)

ERA shared fishery report

Marine Policy fisheries report - NZ bycatch
This report conservatively estimated New Zealand's bycatch rate, including discards, at 24.6 percent of total catch - 122,262 tonnes of bycatch from an average annual catch of 497,000 tonnes between 2000 and 2003.

Dec 2009

(270Kb)

United Nations fisheries report - Safe Conduct?
In 2008 a United Nation's panel of international experts reviewed fisheries management in 53 countries. This report, Safe Conduct? Twelve years fishing under the UN code, rated New Zealand at 8/53, below South Africa and above Japan. (Caution: Large file: 6.0MB)

Dec 2008

(6.0MB)

Implications of Reallocation
A fishing industry perspective of allocation decisions and the effect of specific management measures on commercial, customary and amateur fishers. This paper was presented to the Sharing the Fish Conference, Perth, February 2006.

Feb 2006

(110Kb)

implications of reallocation commercial perspective

Fisheries Economics Course - Report
A brief report of the two-day fisheries economics course held at Auckland University in November 2003. Course presented by Basil Sharp.

Nov 2003

Soundings reform process

Perceptions and Behaviour
Discussion paper on the perceived state of our fishery and how licensing would impact on people's behaviour. By Kerr, Hughey and Cullen. Commerce Division, Lincoln University, New Zealand.

Sep 2003

Boyd 2000 Harvest estimate report

Snapper stock report
The history and science of snapper up to 2001. 33 pages of Ministry of Fisheries records, findings, assessments and assumptions.

May 2001

(210Kb)

Motivations and Perceptions of Fishers
Motivations and Perceptions of Seawater Recreational Fishers in New Zealand is a report by Akroyd Walshe. Definitely worth a read. For many people, fishing is undertaken in spite of the cost of the alternative purchase of fish. The report has been split into two parts due to its large size.

 

Mar 2000

Report - Part 1 - Definition of a fisher, motive for fishing and finfish management. (Caution: Large file 7 MB)

(7MB)

Motivations report part 1

Report - Part 2 - Shellfish management, compliance, education and information issues, management options and viewpoints on Maori customary seawater fishing rights. (Caution: Large file 7.5 MB)

(7.5MB)

Motivations report part 2

SACES report of value of fishing in New Zealand
The economic value of recreational fishing in New Zealand, based on the five most popular species. Report written for the Ministry of Fisheries in November 1999, by the South Australian Centre for Economic Studies.

Nov 1999

(750Kb)

SACES report of value of fishing in NZ

Pearse Report
Pearse Report - fisheries policy development in New Zealand. This report suggests the solution to solving fisheries issues is to allocate an explicit share to recreational interests. The proportional share ideaology has a history.

July 1991

Soundings reform process

Useful links
See also the Right to Fish for Food Reference Material  

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