Fisheries (Auckland and Kermadec Areas Amateur Fishing) Regulations 1986

  • revoked
  • Fisheries (Auckland and Kermadec Areas Amateur Fishing) Regulations 1986: revoked, on 1 February 2014, by regulation 161(1)(b) of the Fisheries (Amateur Fishing) Regulations 2013 (SR 2013/482).

Reprint
as at 1 February 2014

Coat of Arms of New Zealand

Fisheries (Auckland and Kermadec Areas Amateur Fishing) Regulations 1986

(SR 1986/222)

Paul Reeves, Governor-General

Order in Council

At Wellington this 2nd day of September 1986

Present:
The Right Hon G W R Palmer presiding in Council

  • Fisheries (Auckland and Kermadec Areas Amateur Fishing) Regulations 1986: revoked, on 1 February 2014, by regulation 161(1)(b) of the Fisheries (Amateur Fishing) Regulations 2013 (SR 2013/482).


Note

Changes authorised by subpart 2 of Part 2 of the Legislation Act 2012 have been made in this official reprint.

Note 4 at the end of this reprint provides a list of the amendments incorporated.

These regulations are administered by the Ministry for Primary Industries.


Pursuant to section 89 of the Fisheries Act 1983, His Excellency the Governor-General, acting by and with the advice and consent of the Executive Council, hereby makes the following regulations.

Regulations

1 Title and commencement
  • (1) These regulations may be cited as the Fisheries (Auckland and Kermadec Areas Amateur Fishing) Regulations 1986.

    (2) These regulations shall come into force on the 14th day after the date of their notification in the Gazette.

2 Application
  • These regulations apply in respect of all persons taking or possessing any fish to which these regulations relate, other than commercial fishers taking or possessing fish under a permit, licence, quota, or other authorisation issued or granted under the Act or any regulations made under the Act.

    Regulation 2: substituted, on 15 July 1999, by regulation 2 of the Fisheries (Auckland and Kermadec Areas Amateur Fishing) Amendment Regulations 1999 (SR 1999/179).

3 Interpretation
  • In these regulations, unless the context otherwise requires,—

    Auckland and Kermadec fishery management areas means the areas comprising the Auckland fishery management area and the Kermadec fishery management area

    Auckland fishery management area means the fishery management area described as the Auckland fishery management area in the Schedule of the notice declaring fishery management areas that was published in the Gazette on 5 February 1986 at page 412

    Auckland fishery management area (east) means all New Zealand fisheries waters within that portion of the Auckland fishery management area enclosed by a line commencing at Cape Runaway on the east coast of the North Island (at 37°32′S and 177°59.4′E); then proceeding due north to a point 33°25′S and 177°59.4′E on the outer boundary of the exclusive economic zone; then proceeding in a generally north-westerly direction along the outer boundary of the exclusive economic zone to a point 30°52.5′S and 173°02.5′E on the outer boundary of the exclusive economic zone; then proceeding due south to North Cape on the north coast of the North Island (at 34°24′S and 173°02.5′E); then proceeding in a generally south-easterly direction along the mean high-water mark to the point of commencement; and including all inland waters lying north of a line drawn from Cape Runaway on the east coast of the North Island (at 37°32′S and 177°59.4′E) to Tirua Point on the west coast of the North Island (at 38°23′S and 174°38.5′E)

    Auckland fishery management area (west) means the area of New Zealand fisheries waters described as fishery management area 9—Auckland (West) in Part 1 of Schedule 1 of the Act

    barracouta means the fish of which the scientific name is Thyrsites atun

    billfish means those fish of which the scientific names are Tetrapturus audax, Tetrapturus angustirostris, Makaira indica, Istiophorus platypterus, Xiphias gladius, or Makaira nigricans

    blue cod means a fish of the species Parapercis colias

    blue maomao means the fish of which the scientific name is Scorpis violaceus

    blue moki means a fish of the species Latridopsis ciliaris

    butterfish means a fish of the species Odax pullus or Odax cyanoallix

    drift net means a net that—

    • (a) acts by enmeshing, entrapping, or entangling any fish or marine life; and

    • (b) acts by drifting in the water or on the surface of the water; and

    • (c) is not attached to—

      • (i) a vessel; or

      • (ii) any point of land; or

      • (iii) the sea bed or river bed

    fishing method means the way in which any fishing gear is operated to take fish or any other practice which is likely to result in taking fish

    flounder includes—

    • (a) sand flounder (dab, white, or square flounder) (Rhombosolea plebeia):

    • (b) lemon sole (Pelotretis flavilatus):

    • (c) New Zealand sole (Peltorhamphus novaezelandiae):

    • (d) flounder (yellow belly) (Rhombosolea leporina):

    • (e) black flounder (Rhombosolea retiaria):

    • (f) greenback flounder (Rhombosolea tapirina):

    • (g) brill (Colistium guntheri):

    • (h) turbot (Colistium nudipinnis)

    garfish means the fish of which the scientific name is Hyporhamphus ihi (commonly known as piper)

    green mussel, or green-lipped mussel, means the shellfish of which the scientific name is Perna canaliculus

    grey mullet means the fish of which the scientific name is Mugil cephalus

    gurnard means the fish of which the scientific name is Chelidonichthys kumu

    hand-gathering means the use of the hands to physically take fish; and includes shore picking, diving, and hand digging for shellfish

    hapuku/bass means a fish of the species Polyprion oxygeneios or Polyprion moene

    john dory means a fish of the species Zeus faber

    kahawai means the fish of which the scientific name is Arripis trutta

    kahawai means a fish of the species Arripis trutta

    Kermadec fishery management area means the fishery management area described as the Kermadec fishery management area in the Schedule of the notice declaring fishery management areas that was published in the Gazette on 5 February 1986 at page 412

    kina means the shellfish of which the scientific name is Evechinus chloroticus, (commonly known as the sea egg); and includes the purple urchin, of which the scientific name is Centrostephanus rodgersii

    kingfish means the fish of which the scientific name is Seriola lalandi

    line or lines means any line to which a hook or hooks (whether baited or not) are attached

    mackerel means those fish of which the scientific names are Trachurus declivis, Trachurus novaezelandiae, and Scomber australasicus

    Maori has the same meaning as in the Te Ture Whenua Maori Act 1993

    oyster includes the kinds of molluscs known as Saccostrea glomerata (formerly known as Crassostrea glomerata or Saxostrea glomerata), and Crassostrea gigas, commonly known as the rock oyster and Pacific oyster respectively; and Tiostrea lutaria (formerly known as Ostrea lutaria), commonly known as the dredge oyster

    parore means the fish that has the scientific name Girella tricuspidata

    porae means the fish that has the scientific name Nemadactylus douglasii

    potting means the use of any pot, whether baited or not, that is capable of catching rock lobsters; and includes any other device capable of catching, holding, or storing rock lobsters

    red cod means a fish of the species Pseudophycis bacchus

    red gurnard means a fish of the species Chelidonichthys kumu

    red moki means a fish of the species Cheilodactylus spectabilis

    red snapper means the fish that has the scientific name Centroberyx affinis

    rig means a fish of the species Mustelus lenticulatus

    rock lobster means the fish of which the scientific names are Jasus edwardsii (commonly known as the spiny or red rock lobster), and Jasus verreauxi (commonly known as the packhorse or green rock lobster)

    rock lobster pot means any pot, whether baited or not, that is capable of catching or holding rock lobsters; and includes any other device capable of catching, holding, or storing rock lobsters

    scallop means the mollusc Pecten novaezelandiae

    school shark means a fish of the species Galeorhinus australis

    set net includes a gill net, drift net, trammel net, or any other sort of net which acts by enmeshing, entrapping, or entangling any fish

    shark means those fish in the class Chondrichthyes, commonly known as sharks and dogfish

    snapper means the fish of which the scientific name is Chrysophrys auratus

    snapper means a fish of the species Chrysophrys auratus

    spear means any device or implement capable of puncturing the flesh or exoskeleton of any fish; but does not include any gaff or similar device used solely for landing fish

    spotted black groper means the fish of which the scientific name is Epinephalus daemelii

    tarakihi means the fish of which the scientific name is Nemadactylus macropterus

    trevally means the fish of which the scientific name is Caranx georgianus

    trolling means the process whereby a line is towed through, or on top of, the water

    tuatua means the mollusc Paphies subtriangulata and the mollusc Paphies donacina (commonly known as southern tuatua)

    tuna means the family of fish of which the scientific name is Scrombridae

    yellow-eyed mullet means the fish of which the scientific name is Aldrichetta forsteri.

    Regulation 3 Act: inserted, on 15 July 1999, by regulation 3 of the Fisheries (Auckland and Kermadec Areas Amateur Fishing) Amendment Regulations 1999 (SR 1999/179).

    Regulation 3 Auckland and Kermadec fishery management areas: inserted, on 30 September 1993, by regulation 2 of the Fisheries (Auckland and Kermadec Areas Amateur Fishing) Regulations 1986, Amendment No 3 (SR 1993/285).

    Regulation 3 Auckland fishery management area (east): inserted, on 13 October 1995, by regulation 2 of the Fisheries (Auckland and Kermadec Areas Amateur Fishing) Regulations 1986, Amendment No 5 (SR 1995/213).

    Regulation 3 Auckland fishery management area (west): inserted, on 1 March 2006, by regulation 3 of the Fisheries (Auckland and Kermadec Areas Amateur Fishing) Amendment Regulations (No 2) 2005 (SR 2005/312).

    Regulation 3 blue cod: inserted, on 30 September 1993, by regulation 2 of the Fisheries (Auckland and Kermadec Areas Amateur Fishing) Regulations 1986, Amendment No 3 (SR 1993/285).

    Regulation 3 blue moki: inserted, on 30 September 1993, by regulation 2 of the Fisheries (Auckland and Kermadec Areas Amateur Fishing) Regulations 1986, Amendment No 3 (SR 1993/285).

    Regulation 3 butterfish: inserted, on 30 September 1993, by regulation 2 of the Fisheries (Auckland and Kermadec Areas Amateur Fishing) Regulations 1986, Amendment No 3 (SR 1993/285).

    Regulation 3 drift net: inserted, on 1 October 2008, by regulation 4 of the Fisheries (Auckland and Kermadec Areas Amateur Fishing) Amendment Regulations (No 2) 2008 (SR 2008/266).

    Regulation 3 elephant fish: inserted, on 30 September 1993, by regulation 2 of the Fisheries (Auckland and Kermadec Areas Amateur Fishing) Regulations 1986, Amendment No 3 (SR 1993/285).

    Regulation 3 green mussel or green-lipped mussel: amended, on 1 December 1998, by regulation 2 of the Fisheries (Auckland and Kermadec Areas Amateur Fishing) Amendment Regulations (No 2) 1998 (SR 1998/299).

    Regulation 3 hapuku/bass: inserted, on 30 September 1993, by regulation 2 of the Fisheries (Auckland and Kermadec Areas Amateur Fishing) Regulations 1986, Amendment No 3 (SR 1993/285).

    Regulation 3 john dory: inserted, on 30 September 1993, by regulation 2 of the Fisheries (Auckland and Kermadec Areas Amateur Fishing) Regulations 1986, Amendment No 3 (SR 1993/285).

    Regulation 3 kahawai second definition: inserted, on 30 September 1993, by regulation 2 of the Fisheries (Auckland and Kermadec Areas Amateur Fishing) Regulations 1986, Amendment No 3 (SR 1993/285).

    Regulation 3 Maori: amended, on 1 July 1993, pursuant to section 362(2) of the Te Ture Whenua Maori Act 1993 (1993 No 4).

    Regulation 3 parore: inserted, on 1 October 2004, by regulation 3 of the Fisheries (Auckland and Kermadec Areas Amateur Fishing) Amendment Regulations 2004 (SR 2004/282).

    Regulation 3 porae: inserted, on 1 October 2004, by regulation 3 of the Fisheries (Auckland and Kermadec Areas Amateur Fishing) Amendment Regulations 2004 (SR 2004/282).

    Regulation 3 red cod: inserted, on 30 September 1993, by regulation 2 of the Fisheries (Auckland and Kermadec Areas Amateur Fishing) Regulations 1986, Amendment No 3 (SR 1993/285).

    Regulation 3 red gurnard: inserted, on 30 September 1993, by regulation 2 of the Fisheries (Auckland and Kermadec Areas Amateur Fishing) Regulations 1986, Amendment No 3 (SR 1993/285).

    Regulation 3 red moki: inserted, on 30 September 1993, by regulation 2 of the Fisheries (Auckland and Kermadec Areas Amateur Fishing) Regulations 1986, Amendment No 3 (SR 1993/285).

    Regulation 3 red snapper: inserted, on 1 October 2004, by regulation 3 of the Fisheries (Auckland and Kermadec Areas Amateur Fishing) Amendment Regulations 2004 (SR 2004/282).

    Regulation 3 rig: inserted, on 30 September 1993, by regulation 2 of the Fisheries (Auckland and Kermadec Areas Amateur Fishing) Regulations 1986, Amendment No 3 (SR 1993/285).

    Regulation 3 rock lobster pot: inserted, on 1 April 1996, by regulation 2 of the Fisheries (Auckland and Kermadec Areas Amateur Fishing) Regulations 1986, Amendment No 7 (SR 1996/18).

    Regulation 3 school shark: inserted, on 30 September 1993, by regulation 2 of the Fisheries (Auckland and Kermadec Areas Amateur Fishing) Regulations 1986, Amendment No 3 (SR 1993/285).

    Regulation 3 set net: inserted, on 31 July 1992, by regulation 2 of the Fisheries (Auckland and Kermadec Areas Amateur Fishing) Regulations 1986, Amendment No 1 (SR 1992/209).

    Regulation 3 snapper second definition: inserted, on 30 September 1993, by regulation 2 of the Fisheries (Auckland and Kermadec Areas Amateur Fishing) Regulations 1986, Amendment No 3 (SR 1993/285).

3A Maximum daily number of fish
  • (1) Subclause (2) applies to fish of the following species:

    Blue codPorae
    Blue mokiRed cod
    BluenoseRed gurnard
    ButterfishRed moki
    Elephant fishRed snapper
    FlatfishRig
    John dorySchool shark
    KahawaiTarakihi
    ParoreTrevally.

    (2) No person may, on any day,—

    • (a) take from within the Auckland and Kermadec fishery management areas more than 20 fish to which this subclause applies; or

    • (b) possess more than 20 such fish in those areas; or

    • (c) possess more than 20 such fish taken from within those areas.

    (2A) No person may, on any day,—

    • (a) take from within the Auckland fishery management area more than 5 bluenose; or

    • (b) possess more than 5 bluenose in that area; or

    • (c) possess more than 5 bluenose taken from within that area.

    (3) No person may, on any day,—

    • (a) take from within the Auckland and Kermadec fishery management areas more than 30 grey mullet; or

    • (b) possess more than 30 grey mullet in those areas; or

    • (c) possess more than 30 grey mullet taken from within those areas.

    (4) No person may, on any day,—

    • (a) take from within the Auckland and Kermadec fishery management areas a total quantity of hapuku/bass and kingfish exceeding 5; or

    • (b) possess a total quantity of hapuku/bass and kingfish exceeding 5 in those areas; or

    • (c) possess a total quantity of hapuku/bass and kingfish exceeding 5 taken from within those areas.

    (5) No person may, on any day,—

    • (a) take from within the Auckland and Kermadec fishery management areas more than 3 kingfish; or

    • (b) possess more than 3 kingfish in those areas; or

    • (c) possess more than 3 kingfish taken from within those areas.

    (6) No person may, on any day,—

    • (a) take from within the Auckland and Kermadec fishery management areas more than 15 snapper; or

    • (b) possess more than 15 snapper in those areas; or

    • (c) possess more than 15 snapper taken from within those areas.

    (6A) No person may, on any day,—

    • (a) take from within the Auckland fishery management area (west) more than 10 snapper; or

    • (b) possess more than 10 snapper in that area; or

    • (c) possess more than 10 snapper taken from within that area.

    (7) No person may, on any day,—

    • (a) take from within the Auckland fishery management area (east) more than 9 snapper; or

    • (b) possess more than 9 snapper in that area; or

    • (c) possess more than 9 snapper taken from within that area.

    (8) A person contravenes this subclause if the person, on any day, takes or possesses more than the daily limit of fish (as specified in this regulation), but not more than 3 times the daily limit.

    (9) A person contravenes this subclause if the person, on any day, takes or possesses more than 3 times the daily limit of fish (as specified in this regulation).

    Regulation 3A: substituted, on 15 July 1999, by regulation 4 of the Fisheries (Auckland and Kermadec Areas Amateur Fishing) Amendment Regulations 1999 (SR 1999/179).

    Regulation 3A(2A): inserted, on 1 May 2012, by regulation 4 of the Fisheries (Auckland and Kermadec Areas Amateur Fishing) Amendment Regulations 2012 (SR 2012/46).

    Regulation 3A(1) table: amended, on 1 October 2004, by regulation 4 of the Fisheries (Auckland and Kermadec Areas Amateur Fishing) Amendment Regulations 2004 (SR 2004/282).

    Regulation 3A(6A): inserted, on 1 March 2006, by regulation 4 of the Fisheries (Auckland and Kermadec Areas Amateur Fishing) Amendment Regulations (No 2) 2005 (SR 2005/312).

    Regulation 3A(8): added, on 1 October 2001, by regulation 3 of the Fisheries (Auckland and Kermadec Areas Amateur Fishing) Amendment Regulations 2001 (SR 2001/265).

    Regulation 3A(9): added, on 1 October 2001, by regulation 3 of the Fisheries (Auckland and Kermadec Areas Amateur Fishing) Amendment Regulations 2001 (SR 2001/265).

3AB Maximum daily limit on certain shellfish species for Auckland Coromandel area
  • (1) Despite regulation 19 of the Fisheries (Amateur Fishing) Regulations 1986 (SR 1986/221), the maximum number of shellfish from the Auckland Coromandel area that may be taken or possessed by any person on any day is the appropriate number specified in the following table:

    Species of shellfishMaximum daily number
    (per person)
    Cockles50
    Green-lipped mussels25
    Oysters (Pacific or rock)100
    Pipi50
    Tuatua50

    (2) A person contravenes this subclause if the person, on any day, takes or possesses more than the daily limit of a species of shellfish (from the Auckland Coromandel area) specified in the table in subclause (1), but not more than 3 times the daily limit.

    (3) A person contravenes this subclause if the person, on any day, takes or possesses more than 3 times the daily limit of a species of shellfish (from the Auckland Coromandel area) specified in the table in subclause (1).

    (4) In this regulation, Auckland Coromandel area means those waters within the area defined by a line commencing at the mean high-water mark at the easternmost point of Cape Rodney (at 36°16.8′S and 174°49.3′E); then proceeding in a straight line in a generally south-easterly direction to the westernmost point of Cuvier Island (at 36°26.25′S and 175°45.70′E); then proceeding in a generally easterly direction around the northern side of the island following the mean low-water spring, to the easternmost point of Cuvier Island (at 36°26.50′S and 175°47.12′E); then proceeding in a straight line in a generally south-easterly direction to the easternmost point of Red Mercury Island (at 36°37.70′S and 175°57.00′E); then proceeding in a straight line in a generally south-easterly direction to the easternmost point of the easternmost islet of the Alderman Islands (at 36°57.32′S and 176°06.06′E); then proceeding in a straight line in a south-westerly direction to Houmanga Point (at 37°20.75′S and 175°56.65′E); then proceeding in a straight line in a generally westerly direction to a point at 37°24.13′S and 174°42.8′E at the southernmost part of the sandspit of the mouth of the Waikato River (at Port Waikato) on the west coast of the North Island; then proceeding in a straight line due west offshore for 1 nautical mile; then in a northerly direction by a line, every point of which is 1 nautical mile from the mean high-water mark from the North Island west coast (and including all of the Manukau Harbour), to a point at 36°48.88′S and 174°23.76′E; then proceeding in a straight line due east to the mean high-water mark junction with the mouth of the Okiritoto Stream (Muriwai Beach) (at 36°48.88′S and 174°25.03′E); then proceeding in a straight line in a north-easterly direction to a trig point named Conical Peak (north-west of Matakana, Warkworth, at NZMS 260, R09, 603408); then proceeding in a straight line in a generally easterly direction to the point of commencement.

    Regulation 3AB: substituted, on 1 October 2001, by regulation 4 of the Fisheries (Auckland and Kermadec Areas Amateur Fishing) Amendment Regulations 2001 (SR 2001/265).

3AC Daily limit for green-lipped mussels in Maketu taiapure
  • (1) A person must not, on any day,—

    • (a) take more than 25 green-lipped mussels (the daily limit for green-lipped mussels) from the Maketu taiapure; or

    • (b) possess more than the daily limit for green-lipped mussels in the Maketu taiapure; or

    • (c) possess more than the daily limit for green-lipped mussels taken from the Maketu taiapure.

    (2) Subclause (1) applies despite regulation 19 of the Fisheries (Amateur Fishing) Regulations 1986.

    (3) A person contravenes this subclause if the person, on any day, takes or possesses more than the daily limit for green-lipped mussels from or in the Maketu taiapure, but not more than 3 times that limit.

    (4) A person contravenes this subclause if the person, on any day, takes or possesses more than 3 times the daily limit for green-lipped mussels from or in the Maketu taiapure.

    (5) In this regulation, Maketu taiapure means the waters described in the Schedule of the Fisheries (Maketu Taiapure) Order 1996.

    Regulation 3AC: inserted, on 1 October 2013, by regulation 4 of the Fisheries (Auckland and Kermadec Areas Amateur Fishing) Amendment Regulations 2013 (SR 2013/331).

3B Minimum net mesh sizes
  • Notwithstanding regulation 6 of the Fisheries (Amateur Fishing) Regulations 1986, the mesh size of any set net used or possessed by any person in the Auckland and Kermadec fishery management areas shall not be less than the appropriate size specified in the following table:

    Species of fishMinimum set net mesh size
    (mm)
    Blue moki114
    Bluenose160
    Flatfish114
    Hapuku/bass160
    Kahawai90
    Grey mullet90
    Parore114
    Rig125
    School shark125
    Snapper125
    Trevally125

    First regulation 3B: inserted, on 30 September 1993, by regulation 3 of the Fisheries (Auckland and Kermadec Areas Amateur Fishing) Regulations 1986, Amendment No 3 (SR 1993/285).

3B Maximum daily limit on certain shellfish species for Auckland metropolitan area
  • [Revoked]

    Second regulation 3B: revoked, on 11 November 1999, by regulation 2 of the Fisheries (Auckland and Kermadec Areas Amateur Fishing) Amendment Regulations (No 2) 1999 (SR 1999/344).

3C Minimum size for snapper
  • Notwithstanding anything in regulation 6 of the Fisheries (Amateur Fishing) Regulations 1986 (SR 1986/221), no person shall take any snapper from the Auckland and Kermadec fishery management areas that is less than 27 cm in length or be in possession of any snapper taken from within those areas that is less than 27 cm in length.

    Regulation 3C: inserted, on 15 December 1994, by regulation 3 of the Fisheries (Auckland and Kermadec Areas Amateur Fishing) Regulations 1986, Amendment No 4 (SR 1994/256).

3D Person and vessel limits on number of rock lobster pots in Bay of Plenty area
  • [Revoked]

    Regulation 3D: revoked, on 1 October 2004, by regulation 5 of the Fisheries (Auckland and Kermadec Areas Amateur Fishing) Amendment Regulations 2004 (SR 2004/282).

3D Minimum size for blue cod
  • Despite regulation 6 of the Fisheries (Amateur Fishing) Regulations 1986, no person may take or possess any blue cod taken from the Auckland fishery management area that is less than 30 cm in length.

    Regulation 3D: inserted, on 1 April 2007, by regulation 4 of the Fisheries (Auckland and Kermadec Areas Amateur Fishing) Amendment Regulations 2007 (SR 2007/30).

4 Fishing prohibited in part of Manukau Harbour
  • (1) No person shall take or possess any fish from the area described in subclause (2).

    (2) For the purposes of this regulation, the term area means that area of water in the Manukau Harbour bounded by a line commencing at 37°01.30′S and 174°45.12′E; then northerly along the 174°45.12′ east meridian of longitude to the mean high-water mark of the sea; then generally easterly along that mean high-water mark to its intersection with the 37°00′ south parallel of latitude; then easterly along 37°00′ south parallel of latitude to its intersection with the mean high-water mark; then generally south-easterly along the mean high-water mark to its intersection with the 37°01.06′ south parallel of latitude; then south-westerly along a right line to 37°01.30′S and 174°49.18′E; then westerly along the 37°01.30′ south parallel of latitude to the point of commencement.

5 Restrictions on taking fish in the vicinity of Mimiwhangata Peninsula
  • (1) No person may use any fishing method, except those specified in subclause (2), to take those species of fish specified in subclause (3), from the area.

    (2) The following fishing methods may be used:

    • (a) lines, if the line does not have more than 1 hook attached to it and the line is not weighted in any way:

    • (b) trolling:

    • (c) spears:

    • (d) hand-gathering:

    • (e) potting, if only 1 pot per person, part, or vessel is used in the area.

    (3) The species of fish which may be taken in the area pursuant to subclause (1) are barracouta, billfish, blue maomao, flounder, garfish, green mussel, gurnard, kahawai, kina, kingfish, mackerel, rock lobster, scallops, shark, snapper, tarakihi, trevally, tuatua, tuna, and yellow-eyed mullet.

    (4) For the purposes of this regulation, the term area means all that area of water adjacent to Paparahi Point and Rimariki Island on the east coast of the County of Whangarei, bounded by a line commencing at the mean high-water mark at the western extremity of Lot 1 DP 89739 North Auckland Land District being approximately 35°26.05′S and 174°23.05′E and proceeding due north for a distance of 1 000 m; then proceeding initially in a generally easterly direction to a point 1 000 m due north of Ngataurau Rock; then to a point 1 000 m due north of the northern extremity of Rimariki Island; then in a south-easterly direction to a point 1 000 m due east of Motuwharariki Island; then in a generally south-westerly direction to a point 1 000 m due east of the eastern extremity of Otawhanga Island; then to a point on a bearing of 59°2.40′ and at a distance of 1 000 m from the south-eastern boundary of Te Ruatahi 2A Block; then in a generally south-westerly direction to a point at the mean high-water mark at the south-eastern boundary of Te Ruatahi 2A Block being approximately 35°27.45′S and 174°25.5′E; then along the line of the mean high-water mark initially in a generally northerly direction and proceeding along that mark to the point of commencement.

    (5) A person contravenes subclause (2)(e) if the person uses, in person or from a vessel,—

    • (a) 2 rock lobster pots; or

    • (b) 3 rock lobster pots; or

    • (c) more than 3 rock lobster pots.

    Regulation 5(5): added, on 1 October 2004, by regulation 6 of the Fisheries (Auckland and Kermadec Areas Amateur Fishing) Amendment Regulations 2004 (SR 2004/282).

6 Restrictions on taking fish and seaweed in the vicinity of Tawharanui Peninsula
  • [Revoked]

    Regulation 6: revoked, on 1 October 2011, by regulation 4 of the Fisheries (Auckland and Kermadec Areas Amateur Fishing) Amendment Regulations 2011 (SR 2011/289).

6A Restrictions on fishing within 1 nautical mile of Mayor (Tuhua) Island
  • No person shall use or possess for fishing a set net, or a line to which more than 3 hooks are attached, within 1 nautical mile seaward of the mean high-water mark of the coast of Mayor (Tuhua) Island.

    Regulation 6A: substituted, on 3 December 1992, by regulation 2 of the Fisheries (Auckland and Kermadec Areas Amateur Fishing) Regulations 1986, Amendment No 2 (SR 1992/309).

6B Restrictions on fishing in the Bay of Islands
  • (1) No person shall use any net in the following waters:

    • (a) Ninepin: the waters lying inside a line, every point of which is 1 nautical mile from the mean high-water mark of Ninepin (at 35°9.25′S and 174°8.75′E):

    • (b) Cape Brett: the waters lying inside a line, every point of which is 1 nautical mile from the northernmost point of Cape Brett (at 35°10.45′S and 174°20.05′E):

    • (c) Bird Rock: the waters lying inside a line, every point of which is 1 nautical mile from the mean high-water mark of Bird Rock (at 35°9.92′S and 174°18.35′E).

    (2) Except as provided in subclause (3), no person shall use or possess a set net in the prescribed area at any time between 1 October in any year and 30 April in the following year (both days inclusive).

    (3) Nothing in subclause (2) shall apply to nets used for the targeting of grey mullet or flatfish.

    (4) No person shall use or possess a set line in the prescribed area at any time between 1 October in any year and 30 April in the following year (both days inclusive).

    (5) For the purpose of this regulation, the expression prescribed area means all the waters of the Bay of Islands inside a line drawn from Tapeka Point (at 35°14.63′S and 174°07.18′E); then to the north-western extremity of Motuarohia (Roberton) Island (35°13.82′S and 174°09.33′E); then to the north-western extremity of the outermost unnamed islet (35°13.13′S and 174°10.72′E) immediately to the north-west of Moturua Island; then to the north-western extremity of Okahu Island (Red Head) (35°11.95′S and 174°12.38′E); then by mean high-water mark along the northern side of Okahu Island to the eastern extremity of Okahu Island (35°11.98′S and 174°12.85′E); then by straight line to the northern extremity of Kohangaatara Point (35°13.15′S and 174°15.83′E) on the eastern side of the Albert Channel.

    Regulation 6B: inserted, on 30 September 1993, by regulation 4 of the Fisheries (Auckland and Kermadec Areas Amateur Fishing) Regulations 1986, Amendment No 3 (SR 1993/285).

    Regulation 6B(5): amended, on 1 June 2009, by regulation 4 of the Fisheries (Auckland and Kermadec Areas Amateur Fishing) Amendment Regulations 2009 (SR 2009/97).

6C Set netting prohibited in defined areas
  • (1) No person shall use any set net within the following waters:

    • (a) Three Kings Islands: the waters lying inside a line every point of which is 1 nautical mile from the mean high-water mark on all the islands, islets, and rocks of the Three Kings Islands group:

    • (b) Bay of Islands:

      • (i) Cape Wiwiki: the waters lying within a radius of 1 nautical mile from the easternmost extremity of Cape Wiwiki (at 35°09.42′S and 174°07.70′E):

      • (ii) Whale Rock: the waters lying inside a line every point of which is 1 nautical mile from a position at 30°11.51′S and 174°12.0′E on Whale Rock:

      • (iii) Twins Rock: the waters lying inside a line every point of which is 1 nautical mile from the mean high-water mark on the Twins Rock:

    • (c) Hen and Chicken Islands:

      • (i) Taranga (Hen) Island: the waters on the northern side of Taranga Island (otherwise known as Hen Island) lying inside a line commencing at the northernmost extremity of Taranga Island (at 35°57.28′S and 174°41.89′E); then in a due north direction for a distance of 0.5 nautical mile to the point at 35°56.78′S and 174°41.89′E; then in a generally easterly direction by a line every point of which is 0.5 nautical mile from the mean high-water mark to the point at 35°57.68′S and 174°44.75′E; then by a straight line due south to the easternmost extremity of Taranga Island (at 35°58.18′S and 174°44.75′E):

      • (ii) Marotere (Chickens) Islands: the waters on the northern side of the Marotere Islands (otherwise known as the Chickens Islands) lying inside a line commencing at the northernmost extremity of Lady Alice Island (at 35°53.29′S and 174°43.10′E); then in a due north direction for a distance of 0.5 nautical mile to the point at 35°52.79′S and 174°43.10′E; then proceeding in a generally easterly direction by a line every point of which is 0.5 nautical mile from a baseline which commences at the northernmost extremity of Lady Alice Island (at 35°53.29′S and 174°43.10′E); then by the mean high-water mark to the easternmost extremity of Lady Alice Island (at 35°53.57′S and 174°44.32′E); then in a straight line in an easterly direction to the westernmost extremity of Whatupuke Island (at 35°53.61′S and 174°44.71′E); then by the mean high-water mark to the easternmost extremity of Whatupuke Island (at 35°53.47′S and 174°45.70′E); then in a straight line in an easterly direction to the westernmost extremity of Coppermine Island (at 35°53.50′S and 174°45.82′E); then by the mean high-water mark to the termination of the baseline at the easternmost extremity of Coppermine Island (at 35°53.31′S and 174°46.99′E) to the point at 35°52.81′S and 174°46.99′E; then by a straight line due south to the easternmost extremity of Coppermine Island (at 35°53.31′S and 174°46.99′E):

    • (d) Mokohinau Islands: the waters lying inside a line every point of which is one-half nautical mile from the mean high-water mark on all the islands, islets, and rocks of the Mokohinau Islands group:

    • (e) Simpson Rock: the waters lying inside a line every point of which is one-half nautical mile from the mean high-water mark on Simpson Rock, being the islet (rock) located approximately 4 nautical miles south of the Mokohinau Islands:

    • (f) Little Barrier Island: the waters lying inside a line every point of which is one-half nautical mile from the mean high-water mark on Little Barrier Island:

    • (g) Great Barrier Island:

      • (i) Miners Head—Needles Point: the waters at the northern end of Great Barrier Island lying inside a line commencing at the northernmost extremity of Miners Head (at 36°03.98′S and 175°20.80′E); then in a due north direction for a distance of 0.5 nautical miles to the point at 36°03.48′S and 175°20.80′E; then proceeding in a generally north-easterly direction by a line every point of which is one-half nautical mile from a baseline which commences at the northernmost extremity of Miners Head (at 36°03.98′S and 175°20.80′E); then by the mean high-water mark to the northernmost extremity of Great Barrier Island (at 36°03.12′S and 175°23.88′E); then in a straight line in a north-easterly direction to the southernmost extremity of the unnamed island (at 36°03.12′S and 175°24.00′E); then by the mean high-water mark to the northernmost extremity of the unnamed island (at 36°02.56′S and 175°24.11′E); then in a straight line in a northerly direction to the southernmost extremity of Aiguilles Island (at 36°02.51′S and 175°24.24′E); then by the mean high-water mark to the northernmost extremity of Aiguilles Island (at 36°01.91′S and 175°24.50′E); then in a straight line in a northerly direction to the southernmost extremity of Needles Point (at 36°01.70′S and 175°24.40′E); then by the mean high-water mark to the termination of the baseline at the northernmost extremity of Needles Point (at 36°01.63′S and 175°24.40′E) to the point at 36°01.13′S and 175°24.40′E; then by a straight line due south to the northernmost extremity of Needles Point (at 36°01.63′S and 175°24.40′E):

      • (ii) Rakitu (Arid) Island: the waters on the eastern side of Rakitu Island (otherwise known as Arid Island) lying inside a line commencing at the northernmost extremity of Hautapu Point (at 36°07.06′S and 175°29.76′E); then in a due north direction for a distance of 0.5 nautical miles to the point at 36°06.56′S and 175°29.76′E; then by a line every point of which is 0.5 nautical miles from the mean high-water mark on the eastern side of Rakitu Island to the point at 36°08.89′S and 175°29.49′E; then by a straight line due north to the southernmost extremity of Te Akau Point (at 36°08.39′S and 175°29.49′E):

      • (iii) Cape Barrier: the waters at the southern end of Great Barrier Island lying inside a line commencing at the westernmost extremity of the south head of Tryphena Harbour (at 36°19.48′S and 175°28.44′E); then in a due south direction for a distance of 0.5 nautical miles to the point at 36°20.98′S and 175°28.44′E; then in a generally easterly direction by a line every point of which is one-half nautical mile from the mean high-water mark to the point at 36°20.37′S and 175°32.75′E; then by a straight line due west to the south-easternmost extremity of Cape Barrier (at 36°20.37′S and 175°32.25′E):

    • (h) Channel Island: the waters lying inside a line every point of which is one-half nautical mile from the mean high-water mark on Channel Island, being the island located approximately 3 nautical miles north of Cape Colville:

    • (i) Cape Colville: the waters at the northern end of Cape Colville lying inside a line commencing at the northernmost extremity of Kaiiti Point (at 36°28.92′S and 175°19.80′E); then in a straight line in a northerly direction to the southernmost extremity of Channel Island (at 36°25.44′S and 175°19.75′E); then in a straight line in a south-easterly direction to the northernmost extremity of Square Top Island (at 36°27.76′S and 175°24.00′E); then by the mean high-water mark to the easternmost extremity of Square Top Island (at 36°27.79′S and 175°24.14′E); then in a straight line in a south-easterly direction to the mean high-water mark to the south-west of, and immediately adjacent to, the Sugar Loaf Rocks (at 36°28.36′S and 175°24.69′E); then by the mean high-water mark in a generally north-westerly direction to a point to the south of Cape Colville, representing the eastern end of Port Jackson Bay (at 36°28.40′S and 175°20.45′E); then by a straight line across the bay in a generally south-westerly direction to the point of commencement:

    • (j) Mercury Islands:

      • (i) Great Mercury Island: the waters on the eastern and southern sides of Great Mercury Island lying inside a line commencing at the northernmost extremity of Arimawhai Point (at 36°34.81′S and 175°47.23′E); then in a north-east direction for a distance of one-half nautical mile to the point at 36°34.45′S and 175°47.66′E; then by a line every point of which is one-half nautical mile from the mean high-water mark on the eastern and southern sides of Great Mercury Island to the point at 36°38.86′S and 175°46.58′E; then by a straight line due north to the southernmost extremity of Ahikopua Point (at 36°38.36′S and 175°46.58′E):

      • (ii) Korapuki Island: the waters lying inside a line every point of which is one-half nautical mile from the mean high-water mark on Korapuki Island:

      • (iii) Green Island: the waters lying inside a line every point of which is one-half nautical mile from the mean high-water mark on Green Island:

      • (iv) Middle Island: the waters on the eastern side of Middle Island lying inside a line commencing at the northernmost extremity of Middle Island (at 36°38.19′S and 175°51.57′E); then in a north-east direction for a distance of 0.25 nautical mile to the point at 36°38.00′S and 175°51.80′E; then by a line every point of which is 0.25 nautical mile from the mean high-water mark on the eastern side of Middle Island to the point at 36°38.78′S and 175°51.66′E; then by a straight line due north to the easternmost extremity of Middle Island (at 36°38.52′S and 175°51.66′E); then in a due south direction for a distance of one-half nautical mile to the point at 36°39.06′S and 175°51.66′E; then by a line every point of which is one-half nautical mile from the mean high-water mark on the western side of Middle Island to the point at 36°37.82′S and 175°52.03′E); then by a straight line in a south-west direction to the northernmost extremity of Middle Island (at 36°38.19′S and 175°51.57′E):

      • (v) Stanley Island: the waters lying inside a line commencing at the westernmost extremity of Stanley Island (at 36°38.22′S and 175°52.79′E); then in a north-west direction for a distance of one-half nautical mile to the point at 36°37.85′S and 175°52.34′E; then by a line every point of which is one-half nautical mile from the mean high-water mark on the northern and eastern sides of Stanley Island to the point at 36°39.54′S and 175°53.35′E; then by a straight line due north to the southernmost extremity of Stanley Island (at 36°39.04′S and 175°53.35′E); then in a due south direction for a distance of one-quarter nautical mile to the point at 36°39.29′S and 175°53.35′E; then by a line every point of which is one-quarter nautical mile from the mean high-water mark on the south-western side of Stanley Island to the point at 36°38.05′S and 175°52.55′E; then by a straight line in a south-east direction to the westernmost extremity of Stanley Island (at 36°38.22′S and 175°52.79′E):

      • (vi) Red Mercury Island: the waters on the eastern side of Red Mercury Island lying inside a line commencing at the northernmost extremity of Red Mercury Island (at 36°37.06′S and 175°56.16′E); then in a north-east direction for a distance of one-half nautical mile to the point at 36°36.72′S and 175°56.60′E; then in a generally easterly direction by a line every point of which is one-half nautical mile from the mean high-water mark to the point at 36°38.37′S and 175°56.83′E; then by a straight line due north to the south-easternmost extremity of Red Mercury Island (at 36°37.87′S and 175°56.83′E):

    • (k) Tamaki River and Panmure Basin: the waters of the Tamaki River and Panmure Basin lying inside a straight line from the easternmost extremity of Sandy Point (at 36°52.41′S and 174°53.44′E) in a straight line in a south-easterly direction to the point of intersection with the shore to the north of the Half Moon Bay marina at (36°52.76′S and 174°54.09′E):

    • (l) Northwest Coast:

      • (i) Cape Reinga—Scott Point: the waters lying within 1 nautical mile from the mean high-water mark of the shore that extends from the northernmost extremity of Cape Reinga (at 34°25.40′S and 172°40.70′E) to the southernmost extremity of Scott Point (at 34°31.90′S and 172°43.20′E):

      • (ii) Tauroa Point (Reef Point)—Whangape Harbour: the waters lying within one-half nautical mile from the mean high-water mark of the shore that extends from the easternmost extremity of Tauroa Point (otherwise known as Reef Point) (at 35°10.15′S and 173°05.20′E) to the north head of Herekino Harbour (at 35°17.70′S and 173°09.90′E); then by a straight line in a southerly direction to the south head of Herekino Harbour (at 35°17.95′S and 173°09.80′E); then by the mean high-water mark to the north head of Whangape Harbour (at 35°22.70′S and 173°13.10′E):

      • (iii) Maunganui Bluff–Tirua Point: the waters lying within an area bounded by a line that extends from Maunganui Bluff (at 35°45.54′S and 173°33.30′E); then in a generally southerly direction by the mean high-water mark to Kaipara Harbour–Pouto Point light (at 36°21.76′S and 174°10.87′E); then by a straight line to Kaipara Harbour–South Head light (at 36°25.80′S and 174°14.20′E); then by the mean high-water mark to the north-westernmost point of the south head of Kaipara Harbour (at 36°25.67′S and 174°13.94′E); then by a straight line to Papakanui Spit east (at 36°25.71′S and 174°13.21′E); then by a straight line to Papakanui Spit west (at 36°25.75′S and 174°12.70′E); then by the mean high-water mark to Lawry Point (at 36°59.31′S and 174°37.05′E) on the northern side of Manukau Harbour; then by a straight line to the Channel Marker No. 4 in Manukau Harbour (at 37°02.00′S and 174°42.10′E); then by a straight line to a point (at 37°04.04′S and 174°39.92′E); then by the mean high-water mark to a point on the northern side of the Waikato River (at 37°22.59′S and 174°43.94′E); then by a straight line to the jetty on the south head of the Waikato River (at 37°23.16′S and 174°43.94′E); then by the mean high-water mark to a point on the northern side of Raglan Harbour (at 37°47.74′S and 174°51.54′E); then by a straight line to Putoetoe Point (at 37°48.01′S and 174°51.87′E); then by the mean high-water mark to Potahi Point at Aotea Harbour (at 38°00.56′S and 174°47.97′E); then in a straight line to Kahua Point at Aotea Harbour (at 38°02.19′S and 174°47.09′E); then by the mean high-water mark to Kawhia Harbour at Tauratahi Point (at 38°05.05′S and 174°46.86′E); then by a straight line to Urawitiki Point (at 38°05.26′S and 174°46.25′E); then by the mean high-water mark to Tirua Point (at 38°23.22′S and 174°38.04′E) extending seaward due west 7 nautical miles from this line along the Auckland and Kermadec fishery management area boundary to a point (at 38°21.80′S and 174°29.43′E), then proceeds in a northerly direction at a distance of 7 nautical miles from the mean high-water mark to a point 7 nautical miles due west from Maunganui Bluff (at 35°45.54′S and 173°22.78′E), then due east to Maunganui Bluff (at 35°45.54′S and 173°33.30′E):

      • (iv) [Revoked]

    • (m) Tairua/Pauanui: the waters inside an area defined by a line beginning at the mean high-water mark at the northernmost point of Storm Beach (37°02.77′S and 175°53.23′E); then in a straight line in a generally easterly direction to a position at the southernmost point of Home Bay (at 37°03.11′S and 175°56.05′E); then in a straight line in a generally northerly direction to Big King Rock (at 36°59.92′S and 175°55.34′E); then by a straight line in a generally north-westerly direction to the mean high-water mark at the northern end of Te Karo Bay (at 36°57.70′S and 175°50.75′E); then following the mean high-water mark in a southerly direction to the southernmost point of land near Te Huruhuru Point (at 37°00.40′S and 175°52.10′E); then in a straight line across the Tairua Harbour entrance in a south-westerly direction to the northernmost point of land of the southern harbour headland (at 37°00.45′S and 175°51.70′E); then following the mean high-water mark in a generally southerly direction to the point of commencement.

    • (n) Cape Runaway: the waters within the area defined by a line beginning at the mean high-water mark at Cape Runaway (at approximately 37°32.3′S and 177°59′E); then proceeding in a straight line in a northerly direction to a position 2 nautical miles from the point of commencement at approximately 37°30.3′S and 177°59′E; then in a generally westerly direction by a line every point of which is 2 nautical miles from the mean high-water mark of Cape Runaway to a point at 37°31.2′S and 177°56.8′E; then in a straight line in a southerly direction to the mean high-water mark of a position (at 37°37.2′S and 177°56.8′E) adjacent to, or on, a stream tributary on Oruiti Beach; and then proceeding along the line of the mean high-water mark in a generally easterly and northerly direction to the point of commencement at Cape Runaway.

    (2) For the purposes of the area defined in subclause (1)(l)(iii), a straight line joining the mean high-water marks at each side of a harbour entrance or, as the case may be, the natural entrance points of a river mouth must be treated as the inner boundary of that area if it extends seawards or as the outer boundary of that area if it extends landwards, except in the case of any harbours and rivers where specific co-ordinates are provided.

    Regulation 6C: inserted, on 30 September 1993, by regulation 4 of the Fisheries (Auckland and Kermadec Areas Amateur Fishing) Regulations 1986, Amendment No 3 (SR 1993/285).

    Regulation 6C(1)(i): substituted, on 30 November 1995, by regulation 2(1) of the Fisheries (Auckland and Kermadec Areas Amateur Fishing) Regulations 1986, Amendment No 6 (SR 1995/231).

    Regulation 6C(1)(l)(iii): substituted, on 1 October 2008, by regulation 5(1) of the Fisheries (Auckland and Kermadec Areas Amateur Fishing) Amendment Regulations (No 2) 2008 (SR 2008/266).

    Regulation 6C(1)(l)(iii): amended, on 1 June 2009, by regulation 5 of the Fisheries (Auckland and Kermadec Areas Amateur Fishing) Amendment Regulations 2009 (SR 2009/97).

    Regulation 6C(1)(l)(iv): revoked, on 1 October 2008, by regulation 5(2) of the Fisheries (Auckland and Kermadec Areas Amateur Fishing) Amendment Regulations (No 2) 2008 (SR 2008/266).

    Regulation 6C(1)(m): added, on 30 November 1995, by regulation 2(2) of the Fisheries (Auckland and Kermadec Areas Amateur Fishing) Regulations 1986, Amendment No 6 (SR 1995/231).

    Regulation 6C(1)(n): added, on 24 October 1996, by regulation 2 of the Fisheries (Auckland and Kermadec Areas Amateur Fishing) Regulations 1986, Amendment No 8 (SR 1996/276).

    Regulation 6C(2): added, on 1 October 2008, by regulation 5(3) of the Fisheries (Auckland and Kermadec Areas Amateur Fishing) Amendment Regulations (No 2) 2008 (SR 2008/266).

6CA Drift net fishing prohibited in Port Waikato
  • (1) A person must not use a drift net for fishing within the waters lying inside a line with the co-ordinates set out in subclause (2) (which are at each side of the harbour entrance of Port Waikato joined by a straight line) and extending landward from that line.

    (2) The coordinates are—

    • (a) North Waikato River mouth (at 37°21.10′S and 174°41.33′E); and

    • (b) South Waikato River mouth (at 37°23.69′S and 174°42.72′E).

    Regulation 6CA: inserted, on 1 October 2008, by regulation 6 of the Fisheries (Auckland and Kermadec Areas Amateur Fishing) Amendment Regulations (No 2) 2008 (SR 2008/266).

6D Restriction on taking shellfish from Cheltenham Beach
  • No person may take from, or be in possession of any shellfish taken from, that area of New Zealand fishery waters lying within an area bounded by a line commencing at Takapuna Head (at 36°48.95′S and 174°48.5′E), then proceeding generally in a south-easterly direction to the easternmost point of North Head (at 36°49.3′S and 174°49.7′E), then generally in a northerly direction along the mean high-water mark to the point of commencement.

    Regulation 6D: inserted, on 1 April 1998, by regulation 2 of the Fisheries (Auckland and Kermadec Areas Amateur Fishing) Amendment Regulations 1998 (SR 1998/26).

6E Restriction on taking shellfish from Karekare Beach
  • No person may take from, or be in possession of any shellfish taken from, that area of New Zealand fishery waters lying within an area bounded by a line commencing at the southern end of Karekau Point (at 36°59.8′S and 174°28.4′E), then proceeding generally in a westerly direction to the southern end of Paratahi Island (at 36°59.8′S and 174°28.2′E), then generally in a northern direction to Farley Point (at 36°59.2′S and 174°28.1′E), then generally in a southerly direction along the mean high-water mark to the point of commencement.

    Regulation 6E: inserted, on 1 April 1998, by regulation 2 of the Fisheries (Auckland and Kermadec Areas Amateur Fishing) Amendment Regulations 1998 (SR 1998/26).

6F Restriction on taking shellfish from Eastern Beach
  • No person may take shellfish from, or be in possession of any shellfish taken from, that area of New Zealand fishery waters lying within an area bounded by a line commencing at the unnamed headland which delimits the north-western end of Eastern Beach (at 36°52.16′S and 174°54.63′E); then in a generally north-easterly direction to the East Cardinal Beacon on the corner of the drying reef (at 36°51.81′S and 174°54.96′E); then in generally a south-easterly direction to the unnamed headland which delimits the south-eastern end of Eastern Beach (at 36°52.75′S and 174°55.39′E); then in generally a north-westerly direction along the mean high-water mark to the point of commencement.

    Regulation 6F: inserted, on 2 October 2003, by regulation 4 of the Fisheries (Auckland and Kermadec Areas Amateur Fishing) Amendment Regulations (No 2) 2003 (SR 2003/224).

7 Seasonal restriction on taking of finfish near Motu River
  • (1) Except as provided in subclause (2), no person shall take by any method or be in possession of any finfish taken at any time between 1 December in any year and 31 March in the following year (both days inclusive) from the waters adjacent to the Motu River in the Bay of Plenty lying within a radius of 6 nautical miles of the Okatoa Rocks (at 37°53.7′S and 177°32.7′E).

    (2) Nothing in subclause (1) shall apply to the taking of fish or the possession of fish that have been taken by hand-held line.

8 Seasonal restrictions on taking scallop
  • Despite regulation 24 of the Fisheries (Amateur Fishing) Regulations 1986, no person may take scallop, or possess scallop taken, from the Auckland fishery management area (east) or the Auckland fishery management area (west) between 1 April and 31 August in the same year (both days inclusive).

    Regulation 8: substituted, on 1 April 2008, by regulation 4 of the Fisheries (Auckland and Kermadec Areas Amateur Fishing) Amendment Regulations 2008 (SR 2008/24).

9 Maori oyster fisheries
  • No person who is not a Maori shall take any oyster from any of the following areas:

    • (a) all that part of the foreshore surrounding the area of land known as Jones Peninsula in Whangaroa Harbour:

    • (b) all that part of the foreshore in Whangaroa Harbour commencing at a point approximately 0.8 km from the easternmost point of Middle Head; then following the coastline in a northerly and westerly direction for approximately 1.6 km; then in an easterly direction for approximately 0.8 km:

    • (c) that part of the foreshore of the Mongonui Inlet of the Bay of Islands fronting the Toatoa and Te Mamaku Blocks:

    • (d) that part of the Whangaruru Harbour inside a straight line drawn from Kerikeri Point to Tokitoki Point:

    • (e) the following parts of Kaipara Harbour:

      • (i) the Arapaoa River between Wakaiti and Tahupo Creek:

      • (ii) the Arapaoa and Otamatea Rivers between Te Kopua Point and Waipako:

      • (iii) the Otamatea River between Batley Wharf and Tanoa Point:

      • (iv) Paparoa Point and Onoke Point:

      • (v) the Oruawharo River between Raekau Wharf and Waingopai Creek:

      • (vi) the Northern Wairoa River between Pouto Wharf and Sail Point:

    • (f) the portions of the tidal waters at the Needles, Waiuku, in Manukau Harbour.

10 Taking of spotted black groper prohibited
  • No person shall take or be in possession of any spotted black groper taken from the Auckland fishery management area or the Kermadec fishery management area.

11 Offences and penalties
  • (1) A person commits an offence and is liable on conviction to a fine not exceeding $10,000 if the person contravenes, or fails to comply with, any of regulations 3A(8), 3AB(2), 3AC(3), 3B, 3C, 3D, 4 to 6F (other than regulation 5(5)(c), 6C(1)(l)(iii), 6CA), 7(1), 8, 9, or 10.

    (2) A person commits a serious non-commercial offence and is liable on conviction to a fine not exceeding $20,000 if the person contravenes, or fails to comply with, any of regulations 3A(9), 3AB(3), 3AC(4), or 5(5)(c), or regulation 6C(1)(l)(iii) or 6CA.

    (3) It is a defence to a charge of possessing more than the specified maximum daily number of any fish in contravention of these regulations if the defendant satisfies the court that the number of fish possessed in excess of the relevant specified daily number were not taken in breach of the regulations.

    Regulation 11: substituted, on 1 October 2001, by regulation 6 of the Fisheries (Auckland and Kermadec Areas Amateur Fishing) Amendment Regulations 2001 (SR 2001/265).

    Regulation 11(1): amended, on 1 October 2013, by regulation 5(1) of the Fisheries (Auckland and Kermadec Areas Amateur Fishing) Amendment Regulations 2013 (SR 2013/331).

    Regulation 11(1): amended, on 1 July 2013, by section 413 of the Criminal Procedure Act 2011 (2011 No 81).

    Regulation 11(1): amended, on 20 November 2008, by regulation 4 of the Fisheries (Auckland and Kermadec Areas Amateur Fishing) Amendment Regulations (No 3) 2008 (SR 2008/402).

    Regulation 11(1): amended, on 1 April 2007, by regulation 6(1) of the Fisheries (Auckland and Kermadec Areas Amateur Fishing) Amendment Regulations 2007 (SR 2007/30).

    Regulation 11(1): amended, on 1 April 2007, by regulation 6(2) of the Fisheries (Auckland and Kermadec Areas Amateur Fishing) Amendment Regulations 2007 (SR 2007/30).

    Regulation 11(1): amended, on 1 October 2004, by regulation 7(1)(a) of the Fisheries (Auckland and Kermadec Areas Amateur Fishing) Amendment Regulations 2004 (SR 2004/282).

    Regulation 11(1): amended, on 1 October 2004, by regulation 7(1)(b) of the Fisheries (Auckland and Kermadec Areas Amateur Fishing) Amendment Regulations 2004 (SR 2004/282).

    Regulation 11(1): amended, on 2 October 2003, by regulation 6(1) of the Fisheries (Auckland and Kermadec Areas Amateur Fishing) Amendment Regulations (No 2) 2003 (SR 2003/224).

    Regulation 11(2): amended, on 1 October 2013, by regulation 5(2) of the Fisheries (Auckland and Kermadec Areas Amateur Fishing) Amendment Regulations 2013 (SR 2013/331).

    Regulation 11(2): amended, on 1 July 2013, by section 413 of the Criminal Procedure Act 2011 (2011 No 81).

    Regulation 11(2): amended, on 1 October 2008, by regulation 7(2) of the Fisheries (Auckland and Kermadec Areas Amateur Fishing) Amendment Regulations (No 2) 2008 (SR 2008/266).

    Regulation 11(2): amended, on 1 October 2004, by regulation 7(2) of the Fisheries (Auckland and Kermadec Areas Amateur Fishing) Amendment Regulations 2004 (SR 2004/282).

    Regulation 11(2): amended, on 2 October 2003, by regulation 6(3) of the Fisheries (Auckland and Kermadec Areas Amateur Fishing) Amendment Regulations (No 2) 2003 (SR 2003/224).

12 Revocations
  • The following notices are hereby revoked:

    • (a) the Fisheries (Ohiwa Harbour Mussel Prohibition) Notice 1981 (SR 1981/200):

    • (b) the Fisheries (Manukau Harbour Prohibition) Notice 1983 (SR 1983/300):

    • (c) the Fisheries (Maori Oyster Reserves) Notice 1983 (SR 1983/302):

    • (d) the Fisheries (Tawharanui Peninsula) Notice 1983 (SR 1983/301):

    • (e) the Fisheries (Mimiwhangata Peninsula) Notice 1983 (SR 1983/303):

    • (f) the Fisheries (Amateur Oyster Fishing) Notice 1984 (SR 1984/349).


Schedule
Oyster fishing prohibition areas

r 8

[Revoked]

  • Schedule: revoked, on 2 October 2003, by regulation 7 of the Fisheries (Auckland and Kermadec Areas Amateur Fishing) Amendment Regulations (No 2) 2003 (SR 2003/224).

P G Millen,
Clerk of the Executive Council.


Issued under the authority of the Acts and Regulations Publication Act 1989.

Date of notification in Gazette: 4 September 1986.


Reprints notes
1 General
  • This is a reprint of the Fisheries (Auckland and Kermadec Areas Amateur Fishing) Regulations 1986 that incorporates all the amendments to those regulations as at the date of the last amendment to them.

2 Legal status
  • Reprints are presumed to correctly state, as at the date of the reprint, the law enacted by the principal enactment and by any amendments to that enactment. Section 18 of the Legislation Act 2012 provides that this reprint, published in electronic form, has the status of an official version under section 17 of that Act. A printed version of the reprint produced directly from this official electronic version also has official status.

3 Editorial and format changes
4 Amendments incorporated in this reprint