Fisheries (Central Area Amateur Fishing) Regulations 1986

  • revoked
  • Fisheries (Central Area Amateur Fishing) Regulations 1986: revoked, on 1 February 2014, by regulation 161(1)(c) of the Fisheries (Amateur Fishing) Regulations 2013 (SR 2013/482).

Reprint
as at 1 February 2014

Coat of Arms of New Zealand

Fisheries (Central Area Amateur Fishing) Regulations 1986

(SR 1986/223)

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 (Central Area Amateur Fishing) Regulations 1986: revoked, on 1 February 2014, by regulation 161(1)(c) 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 (Central Area 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 (Central Area Amateur Fishing) Amendment Regulations 1999 (SR 1999/180).

2A Interpretation
  • In these regulations, unless the context otherwise requires,—

    blue cod means a fish of the species Parapercis colias

    blue moki means a fish of the species Latridopsis ciliaris

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

    Central Fishery Management Area means the areas described as Fishery management area 2—Central (East) and Fishery management area 8—Central (Egmont), as described in Schedule 1 of the Fisheries Act 1996

    elephant fish means a fish of the species Callorhynchus milii

    flatfish means a fish of the species—

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

    • (b) lemon sole (Pelotretis flavilatus); or

    • (c) New Zealand sole (Peltorhampus novaezeelandiae); or

    • (d) flounder (yellow belly) (Rhombosolea leporina); or

    • (e) black flounder (Rhombosolea retiaria); or

    • (f) greenback flounder (Rhombosolea tapirina); or

    • (g) brill (Colistium guntheri); or

    • (h) turbot (Colistium nudipinnis)

    grey mullet means a fish of the species Mugil cephalus

    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 a fish of the species Arripis trutta

    kingfish means a fish of the species Seriola lalandi

    parore means the fish that has the scientific name Girella tricuspidata

    paua means ordinary paua (Haliotis iris)

    porae means the fish that has the scientific name Nemadactylus douglasii

    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 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

    school shark means a fish of the species Galeorhinus australis

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

    snapper means a fish of the species Chrysophrys auratus

    tarakihi means a fish of the species Nemadactylus macropterus

    trevally means a fish of the species Caranx georgianus.

    Regulation 2A: inserted, on 30 September 1993, by regulation 2 of the Fisheries (Central Area Amateur Fishing) Regulations 1986, Amendment No 2 (SR 1993/286).

    Regulation 2A Act: inserted, on 15 July 1999, by regulation 3 of the Fisheries (Central Area Amateur Fishing) Amendment Regulations 1999 (SR 1999/180).

    Regulation 2A Central Fishery Management Area: substituted, on 1 October 2009, by regulation 4(2) of the Fisheries (Central Area Amateur Fishing) Amendment Regulations 2009 (SR 2009/240).

    Regulation 2A Central Fishery Management Area: amended, on 1 May 2012, by regulation 4 of the Fisheries (Central Area Amateur Fishing) Amendment Regulations 2012 (SR 2012/47).

    Regulation 2A parore: inserted, on 1 October 2004, by regulation 3 of the Fisheries (Central Area Amateur Fishing) Amendment Regulations 2004 (SR 2004/283).

    Regulation 2A paua: inserted, on 1 October 2009, by regulation 4(1) of the Fisheries (Central Area Amateur Fishing) Amendment Regulations 2009 (SR 2009/240).

    Regulation 2A porae: inserted, on 1 October 2004, by regulation 3 of the Fisheries (Central Area Amateur Fishing) Amendment Regulations 2004 (SR 2004/283).

    Regulation 2A red snapper: inserted, on 1 October 2004, by regulation 3 of the Fisheries (Central Area Amateur Fishing) Amendment Regulations 2004 (SR 2004/283).

    Regulation 2A rock lobster pot: inserted, on 1 April 1996, by regulation 2 of the Fisheries (Central Area Amateur Fishing) Regulations 1986, Amendment No 4 (SR 1996/20).

3 Maori eel fishery at Lake Horowhenua and Hokio Stream
  • No person shall take any eel from Lake Horowhenua or the Hokio Stream (as defined in section 18 of the Reserves and Other Lands Disposal Act 1956) unless that person does so in the exercise of the fishing rights referred to in that section.

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
    Grey mulletSchool shark
    John doryTarakihi
    KahawaiTrevally.
    Parore 

    (2) No person may, on any day,—

    • (a) take from within the Central Fishery Management Area more than 20 fish to which this subclause applies; or

    • (b) possess more than 20 such fish in that area; or

    • (c) possess more than 20 such fish taken from within that area.

    (2A) No person may, on any day,—

    • (a) take from within the Fishery management area 8—Central (Egmont), as defined in Schedule 1 of the Fisheries Act 1996, more than 10 blue cod; or

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

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

    (2B) No person may, on any day,—

    • (a) take from within the Central 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 Central Fishery Management Area 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.

    (4) No person may, on any day,—

    • (a) take from within the Central Fishery Management Area a total quantity of hapuku/bass and kingfish exceeding 5; or

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

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

    (5) No person may, on any day,—

    • (a) take from within the Central Fishery Management Area more than 3 kingfish; or

    • (b) possess more than 3 kingfish in that area; or

    • (c) possess more than 3 kingfish taken from within that area.

    (6) 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.

    (7) 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 (Central Area Amateur Fishing) Amendment Regulations 1999 (SR 1999/180).

    Regulation 3A(1) table: amended, on 1 October 2004, by regulation 4 of the Fisheries (Central Area Amateur Fishing) Amendment Regulations 2004 (SR 2004/283).

    Regulation 3A(2A): inserted, on 1 May 2012, by regulation 5 of the Fisheries (Central Area Amateur Fishing) Amendment Regulations 2012 (SR 2012/47).

    Regulation 3A(2B): inserted, on 1 May 2012, by regulation 5 of the Fisheries (Central Area Amateur Fishing) Amendment Regulations 2012 (SR 2012/47).

    Regulation 3A(6): added, on 1 October 2001, by regulation 3 of the Fisheries (Central Area Amateur Fishing) Amendment Regulations 2001 (SR 2001/262).

    Regulation 3A(7): added, on 1 October 2001, by regulation 3 of the Fisheries (Central Area Amateur Fishing) Amendment Regulations 2001 (SR 2001/262).

3B Minimum set net mesh size
  • 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 Central Fishery Management Area shall not be less than the appropriate size specified in the following table:

    Species of fishMinimum set net mesh size
    (mm)
    Blue moki114
    Bluenose160
    Hapuku/bass160
    Kahawai100
    Grey mullet100
    School shark150

    Regulation 3B: inserted, on 30 September 1993, by regulation 3 of the Fisheries (Central Area Amateur Fishing) Regulations 1986, Amendment No 2 (SR 1993/286).

3C Person and vessel limits on number of rock lobster pots in Gisborne, Hawke's Bay, and Wellington waters
  • [Revoked]

    Regulation 3C: revoked, on 1 October 2004, by regulation 5 of the Fisheries (Central Area Amateur Fishing) Amendment Regulations 2004 (SR 2004/283).

4 Net restrictions at Wairoa Hard
  • (1) No person may use a net for taking finfish in the waters of Hawke Bay known as the Wairoa Hard.

    (2) In this regulation, Wairoa Hard means the waters within a line that—

    • (a) commences at the mouth of the Moeangiangi River at a point 39°14.75′S and 177°01.32′E; and

    • (b) then proceeds in a southerly direction to a point 39°16.6′S and 177°07.6′E; and

    • (c) then proceeds in a north-easterly direction to a point 39°11.3′S and 177°21.2′E; and

    • (d) then proceeds in a north-westerly direction to the Waihua River Mouth at a point 39°05.51′S and 177°17.60′E; and

    • (e) then proceeds along the mean high-water mark to the northernmost bank of the mouth of the Mohaka River; and

    • (f) then proceeds along the mean high-water mark to the point of commencement.

    Regulation 4: substituted, on 1 October 2009, by regulation 5 of the Fisheries (Central Area Amateur Fishing) Amendment Regulations 2009 (SR 2009/240).

4A Set netting prohibited in Pauatahanui Inlet
  • No person may use a set net in the waters of Pauatahanui Inlet lying inside a line drawn from North End at 41°06.13′S and 174°52.17′E to South End at 41°06.33′S and 174°52.18′E.

    Regulation 4A: substituted, on 1 October 2009, by regulation 6 of the Fisheries (Central Area Amateur Fishing) Amendment Regulations 2009 (SR 2009/240).

4B 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 Central Fishery Management Area that is less than 27 cm in length, or be in possession of any snapper taken from within that area that is less than 27 cm in length.

    Regulation 4B: inserted, on 30 November 1995, by regulation 3 of the Fisheries (Central Area Amateur Fishing) Regulations 1986, Amendment No 3 (SR 1995/233).

4C Minimum size for paua
  • (1) The reference to ordinary paua in regulation 19(4) of the Fisheries (Amateur Fishing) Regulations 1986 does not apply to the paua of the Amateur Taranaki Paua Fishery Area. Instead, subclauses (2) to (4) of this regulation apply to that paua.

    (2) No person may take any paua that is less than 85 mm in length from the Amateur Taranaki Paua Fishery Area.

    (3) No person may possess, inside the Amateur Taranaki Paua Fishery Area, any paua that is less than 85 mm in length taken from the Amateur Taranaki Paua Fishery Area.

    (4) No person may possess, outside the Amateur Taranaki Paua Fishery Area, any paua that is less than 125 mm in length taken from the Amateur Taranaki Paua Fishery Area.

    (5) In this regulation, Amateur Taranaki Paua Fishery Area means the waters within a line that—

    • (a) commences at a point on the northern bank of the Awakino River mouth at 38°39.88′S and 174°37.26′E; and

    • (b) then proceeds due east to State Highway 3 at 38°39.88′S and 174°37.44′E; and

    • (c) then proceeds in a generally north-easterly direction along State Highway 3 to a point where State Highway 3 intersects State Highway 4 at 38°24.84′S and 175°06.54′E; and

    • (d) then proceeds in a generally southerly direction along State Highway 4 to a point where State Highway 4 intersects State Highway 3 at 39°57.05′S and 175°03.36′E; and

    • (e) then proceeds in a generally north-westerly direction along State Highway 3 to a point where State Highway 3 intersects the southern bank of the Whanganui River at 39°56.76′S and 175°02.82′E; and

    • (f) then proceeds in a generally westerly direction along the southern bank of the Whanganui River and along the wharf named South Mole to the navigational light S Mole Head at 39°57.00′S and 174°58.90′E; and

    • (g) then proceeds due south-west to a point intersecting with the outer limit of the territorial sea at 40°06.44′S and 174°49.44′E; and

    • (h) then proceeds in a generally northerly direction following the outer limit of the territorial sea to a point at 38°39.88′S and 174°21.42′E; and

    • (i) then proceeds due east to the point of commencement.

    Regulation 4C: inserted, on 1 October 2009, by regulation 7 of the Fisheries (Central Area Amateur Fishing) Amendment Regulations 2009 (SR 2009/240).

5 Restrictions on fishing around Sugar Loaf Islands
  • (1) No person shall use any net or set line within the prescribed area.

    (2) No person may use within the prescribed area any line having more than 3 hooks.

    (3) No person shall take any fish within the conservation area other than kingfish or kahawai taken by trolling or by spearfishing.

    (4) No person shall be in possession of any fishing gear within the prescribed area that is not permitted to be used in that area unless the gear is stowed or sealed in such a manner that it cannot readily be used for fishing.

    (5) No person shall be in possession of any fishing gear within the conservation area that is not permitted to be used in that area unless the gear is stowed or sealed in such a manner that it cannot readily be used for fishing.

    (6) In this regulation,—

    conservation area means that part of the prescribed area that is the area of New Zealand fishery waters enclosed by a circle of 500 m radius with a centre point at 39°03.38′S and 174°00.20′E on Waikaranga (Seal Rock)

    prescribed area means the waters and islands within a line that—

    • (a) commences at the mean high-water mark drawn from a point 39°04.22′S and 174°01.19′E; and

    • (b) then proceeds in a westerly direction to a point 39°03.83′S and 173°59.96′E; and

    • (c) then proceeds along the line of an arc of 900 m radius from a point 39°03.38′S and 174°00.20′E on Waikaranga (Seal Rock) to a point 39°03.07′S and 173°59.72′E; and

    • (d) then proceeds in a line to a point 39°02.43′S and 174°00.41′E; and

    • (e) then proceeds along the line of an arc of 900 m radius from a point 39°02.74′S and 174°00.89′E on Matumahanga (Saddleback Island) to a point 39°02.37′S and 174°01.29′E; and

    • (f) then proceeds along a line from the navigation light on the lee breakwater of Port Taranaki at 39°03.30′S and 174°02.68′E to a point where this line intersects the north-western boundary of the New Plymouth Roadstead extended; and

    • (g) then proceeds to a point where the north-western boundary of the New Plymouth Roadstead crosses the mean high-water mark in the vicinity of Paritutu; and

    • (h) then proceeds in a south-westerly direction along the mean high-water mark to the point of commencement

    trolling means line fishing using an artificial lure with the line being towed by a vessel making way.

    Regulation 5(6): substituted, on 1 October 2009, by regulation 8 of the Fisheries (Central Area Amateur Fishing) Amendment Regulations 2009 (SR 2009/240).

5A Closed season for rock lobster
  • [Revoked]

    Regulation 5A: revoked, on 31 August 2002, by regulation 3 of the Fisheries (Central Area Amateur Fishing) Amendment Regulations (No 2) 2002 (SR 2002/245).

5B Set netting prohibited within defined area of coast adjacent to Cape Runaway
  • No person may use a set net in waters within a line that—

    • (a) commences at the mean high-water mark at Potikirua Point at 37°32.53′S and 178°04.91′E; and

    • (b) then proceeds in a straight line in a northerly direction to a position approximately 2 nautical miles from the point of commencement at 37°30.6′S and 178°4.8′E; and

    • (c) then proceeds in a generally westerly direction by a line every point of which is 2 nautical miles from the mean high-water mark to a point approximately 2 nautical miles north of Cape Runaway at 37°32.30′S and 177°59.00′E; and

    • (d) then proceeds in a straight line in a southerly direction to the mean high-water mark at Cape Runaway at 37°32.3′S and 177°50′E; and

    • (e) then proceeds along the line of the mean high-water mark in a generally easterly direction to the point of commencement.

    Regulation 5B: substituted, on 1 October 2009, by regulation 9 of the Fisheries (Central Area Amateur Fishing) Amendment Regulations 2009 (SR 2009/240).

5C Set netting prohibited from Tirua Point to Pariokariwa Point
  • (1) A person must not use a set net for fishing in the waters lying within an area bounded by a line that—

    • (a) extends from Tirua Point (at 38°23.22′S and 174°38.04′E), then follows a line in a generally southerly direction by the mean high-water mark to the southernmost point of the north bank of the Awakino River (at 38°39.88′S and 174°37.24′E); and

    • (b) then proceeds in a straight line across the Awakino River to a point on the south bank of the Awakino River (at 38°39.92′S and 174°37.22′E), then follows a line along the mean high-water mark to the southernmost point on the north bank of the Mokau River (at 38°42.36′S and 174°37.03′E); and

    • (c) then proceeds in a straight line across the Mokau River to a point on the south bank of the Mokau River (at 38°42.40′S and 174°37.01′E), then follows a line along the mean high-water mark to the north bank of the Tongaporutu River (at 38°48.88′S and 174°35.23′E); and

    • (d) then proceeds in a straight line across the Tongaporutu River to a point on the south bank of the Tongaporutu River (at 38°48.98′S and 174°35.23′E), then follows a line along the mean high-water mark to Pariokariwa Point (at 38°53.49′S and 174°30.35′E); and

    • (e) then proceeds generally north-west 7 nautical miles to 38°49.23′S and 174°23.23′E; and

    • (f) then proceeds in a northerly direction along a line 7 nautical miles from the mean high-water mark to a point (at 38°21.80′S and 174°29.43′E); and

    • (g) then proceeds in a straight line along the Central Fishery Management Area boundary in an easterly direction to Tirua Point (at 38°23.22′S and 174°38.04′E).

    (2) For the purposes of the area defined in subclause (1), 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 5C: substituted, on 1 October 2008, by regulation 4 of the Fisheries (Central Area Amateur Fishing) Amendment Regulations 2008 (SR 2008/268).

    Regulation 5C(1)(f): substituted, on 20 November 2008, by regulation 4 of the Fisheries (Central Area Amateur Fishing) Amendment Regulations (No 2) 2008 (SR 2008/404).

    Regulation 5C(1)(g): substituted, on 20 November 2008, by regulation 4 of the Fisheries (Central Area Amateur Fishing) Amendment Regulations (No 2) 2008 (SR 2008/404).

5D All fishing methods except hand-held line prohibited within Pukerua Bay
  • (1) No person may take fish, aquatic life, or seaweed from Pukerua Bay, except by the method of a hand-held line.

    (2) In this regulation, Pukerua Bay means waters within a line that—

    • (a) commences at a point on the coastline east of Wairaka Point at 41°01.84′S and 174°52.26′E; and

    • (b) then proceeds north to a prominent rock at 41°01.68′S and 174°52.26′E; and

    • (c) then proceeds generally north-east to a point on the coastline at 41°00.94′S and 174°54.96′E; and

    • (d) then proceeds generally south-west following the coastline to the point of commencement.

    Regulation 5D: inserted, on 1 October 2009, by regulation 10 of the Fisheries (Central Area Amateur Fishing) Amendment Regulations 2009 (SR 2009/240).

6 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 3, 3A(6), 3B, 4, 4A, 4B, 4C, 5, 5B, or 5D.

    (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, of fails to comply with, any of regulations 3A(7), or 5C.

    (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 6: substituted, on 1 October 2001, by regulation 6 of the Fisheries (Central Area Amateur Fishing) Amendment Regulations 2001 (SR 2001/262).

    Regulation 6(1): amended, on 1 July 2013, by section 413 of the Criminal Procedure Act 2011 (2011 No 81).

    Regulation 6(1): amended, on 1 October 2009, by regulation 11 of the Fisheries (Central Area Amateur Fishing) Amendment Regulations 2009 (SR 2009/240).

    Regulation 6(1): amended, on 1 October 2004, by regulation 7(a) of the Fisheries (Central Area Amateur Fishing) Amendment Regulations 2004 (SR 2004/283).

    Regulation 6(2): amended, on 1 July 2013, by section 413 of the Criminal Procedure Act 2011 (2011 No 81).

    Regulation 6(2): amended, on 1 October 2004, pursuant to regulation 7(b) of the Fisheries (Central Area Amateur Fishing) Amendment Regulations 2004 (SR 2004/283).

    Regulation 6(2): amended, on 15 January 2004, by regulation 3 of the Fisheries (Central Area Amateur Fishing) Amendment Regulations (No 2) 2003 (SR 2003/378).

7 Revocation
  • The Fisheries (Maori Eel Fisheries) Notice 1983 (SR 1983/298) is hereby revoked.

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 (Central Area 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