Fisheries (Challenger Area Amateur Fishing) Regulations 1986

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

Reprint
as at 1 February 2014

Coat of Arms of New Zealand

Fisheries (Challenger Area Amateur Fishing) Regulations 1986

(SR 1986/224)

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 (Challenger Area Amateur Fishing) Regulations 1986: revoked, on 1 February 2014, by regulation 161(1)(d) 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 (Challenger 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 (Challenger Area Amateur Fishing) Amendment Regulations 1999 (SR 1999/181).

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

    Challenger (East) area

    • (a) means all that area of New Zealand fisheries waters enclosed by a line that—

      • (i) commences at Farewell Spit Lighthouse (at 40°32.70′S and 173°00.50′E); and

      • (ii) then proceeds north along this line of longitude to a point on the boundary of fishery management area 7 (at 39°38.00′S and 173°00.50′E); and

      • (iii) then proceeds in a generally south-easterly direction directly to a point at 40°32.00′S and 174°20.00′E; and

      • (iv) then proceeds in a generally southerly direction to the Brothers Island Lighthouse (at 41°06.20′S and 174°26.50′E); and

      • (v) then proceeds in a generally southerly direction directly to a point (at 42°10.00′S and 174°42.00′E); and

      • (vi) then proceeds west along the 42°10.00′S line of latitude to the mean high-water mark of the South Island near Clarence Point (at 42°10.00′S and 173°56.00′E); and

      • (vii) then proceeds along the mean high-water mark of the South Island in generally northerly, westerly, and south-westerly directions to the point of commencement; but

    • (b) does not include the Marlborough Sounds area

    Challenger fisheries management area means all that area of New Zealand fisheries waters enclosed by a line that—

    • (a) commences on the mean high-water mark of the west coast of the South Island at the westernmost point of Awarua Point (at 44°15.60′S and 168°03.10′E); and

    • (b) then proceeds west along this line of latitude to the exclusive economic zone boundary (longitude 162°12.90′E); and

    • (c) then proceeds in a generally north-easterly direction along the exclusive economic zone boundary to the easternmost point of the exclusive economic zone boundary nearest 37°35.60′S and 170°05.70′E; and

    • (d) then proceeds in a generally south-easterly direction directly to a point at 40°32.00′S and 174°20.00′E; and

    • (e) then proceeds in a generally southerly direction directly to the Brothers Island Lighthouse (at 41°06.20′S and 174°26.50′E); and

    • (f) then proceeds in a generally southerly direction directly to a point (at 42°10.00′S and 174°42.00′E); and

    • (g) then proceeds west along the 42°10.00′S line of latitude to the mean high-water mark of the South Island near Clarence Point (longitude 173°56.50′E); and

    • (h) then proceeds along the mean high-water mark of the South Island in a generally northerly, westerly, and south-westerly direction to the point of commencement

    dredge oyster means a mollusc known as Tiostrea chilensis (formerly known as Ostrea lutaria)

    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) greenblack 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

    Marlborough Sounds area means all that area of New Zealand fisheries waters enclosed by a line that—

    • (a) commences at West Head of Tory Channel on the north coast of the South Island (at 41°12.79′S and 174°18.92′E); and

    • (b) then proceeds in a straight line to East Head of Tory Channel (at 41°12.60′S and 174°19.40′E); and

    • (c) then proceeds in a generally northerly direction along the mean high-water mark to Cape Koamaru (at 41°05.50′S and 174°23.00′E); and

    • (d) then proceeds in a straight line to Cape Jackson (at 40°59.70′S and 174°18.80′E); and

    • (e) then proceeds in a straight line to the northernmost point of Stephens Island (at 40°39.90′S and 174°00.00′E); and

    • (f) then proceeds in a south-westerly direction along the mean high-water mark to the southernmost point of Stephens Island (at 40°40.60′S and 173°59.40′E); and

    • (g) then proceeds in a straight line to Cape Stephens (at 40°41.57′S and 173°57.21′E); and

    • (h) then proceeds in a generally southerly direction along the mean high-water mark along the eastern side of D'Urville Island to Reef Point at French Pass (at 40°55.17′S and 173°50.01′E); and

    • (i) then proceeds in a straight line to Channel Point Lighthouse (at 40°55.50′S and 173°50.10′E); and

    • (j) then proceeds along the mean high-water mark of the South Island in a generally easterly direction to the point of commencement

    Pacific oyster means the mollusc Crassostrea gigas

    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

    rig means a fish of the species Mustelus lenticulatus

    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(1) of the Fisheries (Challenger Area Amateur Fishing) Regulations 1986, Amendment No 2 (SR 1993/287).

    Regulation 2A Act: inserted, on 15 July 1999, by regulation 3 of the Fisheries (Challenger Area Amateur Fishing) Amendment Regulations 1999 (SR 1999/181).

    Regulation 2A Challenger (East) area: substituted, on 1 October 2008, by regulation 4(1) of the Fisheries (Challenger Area Amateur Fishing) Amendment Regulations 2008 (SR 2008/270).

    Regulation 2A Challenger (East) area paragraph (a)(ii): amended, on 20 November 2008, by regulation 4 of the Fisheries (Challenger Area Amateur Fishing) Amendment Regulations (No 2) 2008 (SR 2008/406).

    Regulation 2A Challenger fisheries management area: substituted, on 1 October 2008, by regulation 4(2) of the Fisheries (Challenger Area Amateur Fishing) Amendment Regulations 2008 (SR 2008/270).

    Regulation 2A dredge oyster: inserted, on 30 November 1995, by regulation 2 of the Fisheries (Challenger Area Amateur Fishing) Regulations 1986, Amendment No 4 (SR 1995/235).

    Regulation 2A Marlborough Sounds area: substituted, on 1 October 2008, by regulation 4(3) of the Fisheries (Challenger Area Amateur Fishing) Amendment Regulations 2008 (SR 2008/270).

    Regulation 2A Pacific oyster: inserted, on 1 October 1994, by regulation 2 of the Fisheries (Challenger Area Amateur Fishing) Regulations 1986, Amendment No 3 (SR 1994/182).

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

    Blue codKahawai
    Blue mokiRed cod
    BluenoseRed gurnard
    ButterfishRed moki
    Elephant fishRig
    FlatfishSchool shark
    Grey mulletTarakihi
    John doryTrevally.

    (2) No person may, on any day,—

    • (a) take from within the Challenger 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.

    (3) No person may, on any day,—

    • (a) take from within the Marlborough Sounds area more than 2 blue cod; or

    • (b) possess more than 2 blue cod in that area; or

    • (c) possess more than 2 blue cod taken from within that area.

    (3A) No person may, on any day,—

    • (a) take from within the Challenger (East) area more than 3 blue cod; or

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

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

    (3B) No person may, on any day,—

    • (a) take from within the Challenger 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.

    (4) No person may, on any day,—

    • (a) take from within the Challenger 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.

    (5) No person may, on any day,—

    • (a) take from within the Marlborough Sounds area more than 3 snapper; or

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

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

    (6) No person may, on any day,—

    • (a) take from within the Challenger 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.

    (7) No person may, on any day,—

    • (a) take from within the Challenger 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.

    (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).

    (10) However, subclauses (8) and (9) do not apply to the daily limit of fish under subclause (3).

    Regulation 2B: substituted, on 15 July 1999, by regulation 4 of the Fisheries (Challenger Area Amateur Fishing) Amendment Regulations 1999 (SR 1999/181).

    Regulation 2B(3): substituted, on 1 April 2011, by regulation 4(1) of the Fisheries (Challenger Area Amateur Fishing) Amendment Regulations 2011 (SR 2011/23).

    Regulation 2B(3A): substituted, on 1 April 2011, by regulation 4(1) of the Fisheries (Challenger Area Amateur Fishing) Amendment Regulations 2011 (SR 2011/23).

    Regulation 2B(3B): inserted, on 1 May 2012, by regulation 4 of the Fisheries (Challenger Area Amateur Fishing) Amendment Regulations 2012 (SR 2012/48).

    Regulation 2B(8): added, on 1 October 2001, by regulation 3 of the Fisheries (Challenger Area Amateur Fishing) Amendment Regulations 2001 (SR 2001/267).

    Regulation 2B(9): added, on 1 October 2001, by regulation 3 of the Fisheries (Challenger Area Amateur Fishing) Amendment Regulations 2001 (SR 2001/267).

    Regulation 2B(10): added, on 1 April 2011, by regulation 4(2) of the Fisheries (Challenger Area Amateur Fishing) Amendment Regulations 2011 (SR 2011/23).

2C Minimum and maximum size for blue cod in Marlborough Sounds area
  • (1) No person may—

    • (a) take from or possess in the Marlborough Sounds area any blue cod that is less than 30 cm, or more than 35 cm, in length; or

    • (b) possess any blue cod taken from the Marlborough Sounds area that is less than 30 cm, or more than 35 cm, in length.

    (2) This regulation prevails over regulation 6 of the Fisheries (Amateur Fishing) Regulations 1986.

    Regulation 2C: substituted, on 1 April 2011, by regulation 5 of the Fisheries (Challenger Area Amateur Fishing) Amendment Regulations 2011 (SR 2011/23).

2D Minimum size for blue cod in Challenger (East) area
  • Despite regulation 6 of the Fisheries (Amateur Fishing) Regulations 1986, no person may take from or possess in the Challenger (East) area any blue cod that is less than 30 cm in length.

    Regulation 2D: inserted, on 1 October 2003, by regulation 5 of the Fisheries (Challenger Area Amateur Fishing) Amendment Regulations 2003 (SR 2003/228).

2E Blue cod must be possessed in whole or gutted state in certain areas
  • (1) A person must not possess any blue cod in the Marlborough Sounds area or the Challenger (East) area unless it is in a whole or gutted state.

    (2) However, a person may possess blue cod in another state if it is to be immediately eaten on the fishing vessel from which it was taken.

    Regulation 2E: substituted, on 1 April 2011, by regulation 6 of the Fisheries (Challenger Area Amateur Fishing) Amendment Regulations 2011 (SR 2011/23).

2F Closed season for blue cod in Marlborough Sounds area
  • (1) A person must not—

    • (a) take any blue cod from within the Marlborough Sounds area during the closed season; or

    • (b) possess any blue cod in that area during the closed season; or

    • (c) possess any blue cod that was taken from within that area during the closed season.

    (2) In this regulation, closed season means the period starting on 1 September of any year and ending on 19 December of that year.

    Regulation 2F: inserted, on 1 April 2011, by regulation 7 of the Fisheries (Challenger Area Amateur Fishing) Amendment Regulations 2011 (SR 2011/23).

3 Maximum daily blue cod limit in Marlborough Sounds area
  • [Revoked]

    Regulation 3: revoked, on 30 September 1993, by regulation 2(2) of the Fisheries (Challenger Area Amateur Fishing) Regulations 1986, Amendment No 2 (SR 1993/287).

3A Scallops
  • (1) Notwithstanding regulation 19 of the Fisheries (Amateur Fishing) Regulations 1986 (SR 1986/221) or any other regulations made pursuant to the Fisheries Act 1983 or the Fisheries Act 1996 relating to maximum daily catches, any person may take on any 1 day up to 50 scallops (Pecten novaezelandiae) from the Challenger fisheries management area.

    (1A) A person contravenes this subclause if the person, on any day, takes or possesses more than the number of scallops permitted under subclause (1), but not more than 3 times that number.

    (1B) A person contravenes this subclause if the person, on any day, takes or possesses more than 3 times the number of scallops permitted under subclause (1).

    (2) No person shall—

    • (a) take from the Challenger fisheries management area any scallop whose shell, whether entire, chipped, or broken, is less than 90 mm in length; or

    • (b) be in possession of any scallop taken from the Challenger fisheries management area whose shell, whether entire, chipped, or broken, is less than 90 mm in length.

    (3) For the purposes of subclause (1), the length of the shell of a scallop is its greatest diameter.

    Regulation 3A: substituted, on 30 November 1995, by regulation 3 of the Fisheries (Challenger Area Amateur Fishing) Regulations 1986, Amendment No 4 (SR 1995/235).

    Regulation 3A(1): amended, on 1 October 2001, by regulation 4(1) of the Fisheries (Challenger Area Amateur Fishing) Amendment Regulations 2001 (SR 2001/267).

    Regulation 3A(1A): inserted, on 1 October 2001, by regulation 4(2) of the Fisheries (Challenger Area Amateur Fishing) Amendment Regulations 2001 (SR 2001/267).

    Regulation 3A(1B): inserted, on 1 October 2001, by regulation 4(2) of the Fisheries (Challenger Area Amateur Fishing) Amendment Regulations 2001 (SR 2001/267).

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 Challenger 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
    Butterfish100
    Grey mullet100
    Hapuku/bass160
    Kahawai100
    Red moki114
    School shark150

    Regulation 3B: inserted, on 30 September 1993, by regulation 3 of the Fisheries (Challenger Area Amateur Fishing) Regulations 1986, Amendment No 2 (SR 1993/287).

    Regulation 3B table: amended, on 1 October 2009, by regulation 4 of the Fisheries (Challenger Area Amateur Fishing) Amendment Regulations (No 2) 2009 (SR 2009/242).

3C Minimum size for sand flounder in Challenger fisheries management area
  • Despite regulation 6(2) of the Fisheries (Amateur Fishing) Regulations 1986, a person must not take or possess in the Challenger fisheries management area a sand flounder that is less than 25 cm in length.

    Regulation 3C: inserted, on 1 October 2009, by regulation 5 of the Fisheries (Challenger Area Amateur Fishing) Amendment Regulations (No 2) 2009 (SR 2009/242).

4 Double Cove finfishing restrictions
  • No person shall take any finfish from Double Cove, being those waters of Queen Charlotte Sound inside a line from Nohokouau Point (at 41°14.36′S and 174°00.53′E) to the southernmost point of the peninsula (at 41°14.43′S and 174°01.47′E) lying between Double Cove and Torea Bay.

    Regulation 4: amended, on 1 October 2008, by regulation 6(a) of the Fisheries (Challenger Area Amateur Fishing) Amendment Regulations 2008 (SR 2008/270).

    Regulation 4: amended, on 1 October 2008, by regulation 6(b) of the Fisheries (Challenger Area Amateur Fishing) Amendment Regulations 2008 (SR 2008/270).

4AA Restriction on taking finfish in Maud Island closed area
  • (1) A person must not take any finfish from within the Maud Island closed area.

    (2) In this regulation, Maud Island closed area means the area of New Zealand fisheries waters inside a line that—

    • (a) starts at 41°01.21′S and 173°51.75′E; and

    • (b) then proceeds in a generally southerly direction directly to a point at 41°02.21′S and 173°52.08′E; and

    • (c) then proceeds in a generally easterly direction directly to a point at 41°02.75′S and 173°54.75′E; and

    • (d) then proceeds in a generally north-easterly direction directly to a point at 41°01.70′S and 173°55.34′E; and

    • (e) then proceeds in a generally north-westerly direction directly to a point at 40°59.92′S and 173°54.14′E; and

    • (f) then proceeds along the mean high-water mark in a generally westerly direction to the starting point.

    Regulation 4AA: inserted, on 1 April 2011, by regulation 8 of the Fisheries (Challenger Area Amateur Fishing) Amendment Regulations 2011 (SR 2011/23).

4A Set net prohibition
  • (1) Except as provided for in subclause (2), no person shall use or possess a set net having a mesh size of or greater than 100 mm in the following waters:

    • (a) Pelorus Sound: the waters inside a line running from Cregoe Point (at 41°03.20′S and 173°49.90′E) to Camel Point (at 41°01.91′S and 173°48.60′E) to Sheep Point (at 41°01.07′S and 173°48.84′E) and inside a line running from Tawero Point (at 41°03.80′S and 173°57.00′E) to Opani-aputa Point (at 41°04.70′S and 173°58.50′E):

    • (b) Croisilles Harbour: the waters inside a line running from Cape Soucis (at 41°03.20′S and 173°35.60′E) to the outermost point of Motuanauru Island (at 41°02.50′S and 173°38.40′E) to the outermost point of Otuhaereroa Island (at 41°02.30′S and 173°39.60′E) to Kokaho Point (at 41°02.30′S and 173°40.30′E).

    • (c) [Revoked]

    (2) Nothing in subclause (1) applies to any set net having—

    • (a) a mesh size not less than 100 mm; and

    • (b) a total height not exceeding 9 meshes; and

    • (c) its entire length in direct contact with the seabed.

    (3) Without limiting subclause (1), no person shall use or possess a set net in the waters of Keneperu Sound—

    • (a) [Revoked]

    • (b) during any period, after 31 March 1997, commencing on 1 October in any year and ending with the close of 31 March in the next year.

    (4) For the purposes of subclause (3), the waters of Keneperu Sound are the waters lying inside a straight line running from Koutuwai Point (at 41°12.53′S and 173°52.38′E) to an unnamed point at the southern entrance to Kenepuru Sound (at 41°13.30′S and 173°51.70′E).

    Regulation 4A: inserted, on 30 September 1993, by regulation 4 of the Fisheries (Challenger Area Amateur Fishing) Regulations 1986, Amendment No 2 (SR 1993/287).

    Regulation 4A(1)(a): substituted, on 1 October 2008, by regulation 7(1) of the Fisheries (Challenger Area Amateur Fishing) Amendment Regulations 2008 (SR 2008/270).

    Regulation 4A(1)(b): substituted, on 1 October 2008, by regulation 7(1) of the Fisheries (Challenger Area Amateur Fishing) Amendment Regulations 2008 (SR 2008/270).

    Regulation 4A(1)(c): revoked, on 1 October 2008, by regulation 7(1) of the Fisheries (Challenger Area Amateur Fishing) Amendment Regulations 2008 (SR 2008/270).

    Regulation 4A(3): added, on 7 November 1996, by regulation 3(2) of the Fisheries (Challenger Area Amateur Fishing) Regulations 1986, Amendment No 5 (SR 1996/312).

    Regulation 4A(3)(a): revoked, on 12 May 2011, by clause 3 of the Fisheries Regulations Revocation Order 2011 (SR 2011/96).

    Regulation 4A(4): added, on 7 November 1996, by regulation 3(2) of the Fisheries (Challenger Area Amateur Fishing) Regulations 1986, Amendment No 5 (SR 1996/312).

    Regulation 4A(4): amended, on 1 October 2008, by regulation 7(2)(a) of the Fisheries (Challenger Area Amateur Fishing) Amendment Regulations 2008 (SR 2008/270).

    Regulation 4A(4): amended, on 1 October 2008, by regulation 7(2)(b) of the Fisheries (Challenger Area Amateur Fishing) Amendment Regulations 2008 (SR 2008/270).

4AB Set net fishing prohibited in certain area from Clarence Point to Cape Jackson
  • (1) A person must not use a set net for fishing in the waters from Clarence Point to Cape Jackson.

    (1A) For the purposes of subclause (1), the waters from Clarence Point to Cape Jackson

    • (a) are the waters lying within an area bounded by a line that—

      • (i) commences at the mean high-water mark at Clarence Point (at 42°10.00′S and 173°56.00′E); and

      • (ii) then proceeds due east 4 nautical miles to a point on the Challenger fisheries management area boundary (at 42°10.00′S and 174°01.74′E); and

      • (iii) then proceeds in a line 4 nautical miles from the mean high-water mark to a point on the Challenger fisheries management area boundary (at 41°11.37′S and 174°27.76′E); and

      • (iv) then proceeds in a straight line to a point on the Challenger fisheries management area boundary (at 41°01.85′S and 174°25.67′E); and

      • (v) then proceeds 4 nautical miles from the mean high-water mark to a point 4 nautical miles due north of Cape Jackson lighthouse (at 40°55.62′S and 174°18.80′E); and

      • (vi) then proceeds due south to Cape Jackson lighthouse (at 40°59.70′S and 174°18.80′E); and

      • (vii) then proceeds in a southerly direction along the mean high-water mark to the west bank of the Wairau River (at 41°30.02′S and 174°03.65′E); and

      • (viii) then proceeds in a straight line to the east bank of the Wairau River (at 41°30.05′S and 174°03.72′E); and

      • (ix) then proceeds south along the line of the mean high-water mark to Clarence Point (at 42°10.00′S and 173°56.00′E); but

    (2) For the purposes of the area defined in subclause (1A), a straight line joining the high-water marks at each side of 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 rivers where specific co-ordinates are provided.

    Regulation 4AB: inserted, on 1 October 2008, by regulation 8 of the Fisheries (Challenger Area Amateur Fishing) Amendment Regulations 2008 (SR 2008/270).

    Regulation 4AB(1): replaced, on 3 January 2013, by regulation 4(1) of the Fisheries (Challenger Area Amateur Fishing) Amendment Regulations (No 2) 2012 (SR 2012/350).

    Regulation 4AB(1A): inserted, on 3 January 2013, by regulation 4(1) of the Fisheries (Challenger Area Amateur Fishing) Amendment Regulations (No 2) 2012 (SR 2012/350).

    Regulation 4AB(2): amended, on 3 January 2013, by regulation 4(2) of the Fisheries (Challenger Area Amateur Fishing) Amendment Regulations (No 2) 2012 (SR 2012/350).

    Regulation 4AB(2): amended, on 1 June 2009, by regulation 4(a) of the Fisheries (Challenger Area Amateur Fishing) Amendment Regulations 2009 (SR 2009/99).

    Regulation 4AB(2): amended, on 1 June 2009, by regulation 4(b) of the Fisheries (Challenger Area Amateur Fishing) Amendment Regulations 2009 (SR 2009/99).

4AC Set net fishing in inner Queen Charlotte Sound
  • (1) A person must not use a set net for fishing in the waters described in subclause (2) unless the set net is—

    • (a) a flatfish set net; and

    • (b) used during the period beginning on 1 April in each year and ending on the close of 30 September in that year.

    (2) The waters referred to in subclause (1) are the waters enclosed by the following co-ordinates, which are points in the inner Queen Charlotte Sound joined by a straight line extending landward (inside the Sound):

    • (a) Ruakaka Bay–West Head (at 41°12.93′S and 174°08.63′E); and

    • (b) Dieffenbach Point (at 41°14.00′S and 174°08.70′E).

    (3) Flatfish set net means a net that—

    • (a) is equal to or less than 9 meshes deep; and

    • (b) has a monofilament diameter equal to or less than 0.35 mm; and

    • (c) has a mesh size equal to or greater than 100 mm; and

    • (d) is anchored at each end; and

    • (e) does not exceed a total length of 60 m.

    Regulation 4AC: inserted, on 1 October 2008, by regulation 8 of the Fisheries (Challenger Area Amateur Fishing) Amendment Regulations 2008 (SR 2008/270).

    Regulation 4AC heading: replaced, on 3 January 2013, by regulation 5(1) of the Fisheries (Challenger Area Amateur Fishing) Amendment Regulations (No 2) 2012 (SR 2012/350).

    Regulation 4AC(1): replaced, on 3 January 2013, by regulation 5(2) of the Fisheries (Challenger Area Amateur Fishing) Amendment Regulations (No 2) 2012 (SR 2012/350).

    Regulation 4AC(1): amended, on 20 November 2008, by regulation 6(1) of the Fisheries (Challenger Area Amateur Fishing) Amendment Regulations (No 2) 2008 (SR 2008/406).

    Regulation 4AC(2): amended, on 20 November 2008, by regulation 6(2) of the Fisheries (Challenger Area Amateur Fishing) Amendment Regulations (No 2) 2008 (SR 2008/406).

4AAC Limited prohibition on set netting in certain waters within area from Needles Point to Cape Jackson
  • (1) A person must not use a set net in the waters described in subclause (2) unless—

    • (a) the set net is used in the period—

      • (i) beginning on 3 January 2013 and ending on the close of 30 April 2013:

      • (ii) beginning on 1 January and ending on the close of 30 April in relation to any other year; and

    • (b) the person using the set net remains, at all times, in the immediate vicinity of the set net while it is being used.

    (2) The waters referred to in subclause (1) are—

    • (a) Cape Jackson to Little Waikawa Bay (Kaikanohi): all that area of New Zealand fisheries waters enclosed by a line that—

      • (i) commences at a point on the mean high-water mark at Cape Jackson (at 40°59.70′S and 174°18.80′E); and

      • (ii) then proceeds due north to a point offshore (at 40°59.50′S and 174°18.80′E); and

      • (iii) then proceeds in a generally southerly direction along a line every point of which is approximately 200 m from the mean high-water mark to a point offshore (at 41°04.14′S and 174°16.47′E); and

      • (iv) then proceeds due west to a point on the mean high-water mark at Kaikanohi (on the northern head of Little Waikawa Bay) (at 41°04.14′S and 174°16.29′E); and

      • (v) then proceeds in a generally northerly direction along the mean high-water mark of the South Island to the point of commencement:

    • (b) Cooper Point to Deep Bay: all that area of New Zealand fisheries waters enclosed by a line that—

      • (i) commences at a point on the mean high-water mark of Arapawa Island at the northernmost point of Cooper Point (at 41°07.07′S and 174°18.95′E); and

      • (ii) then proceeds due north to a point offshore (at 41°06.95′S and 174°18.95′E); and

      • (iii) then proceeds in a generally north-easterly then south-westerly direction along a line every point of which is approximately 200 m from the mean high-water mark of Arapawa Island to a point offshore (at 41°13.75′S and 174°15.67′E); and

      • (iv) then proceeds due west to a point on the mean high-water mark at the easternmost point of the southern head of Deep Bay (at 41°13.75′S and 174°15.51′E); and

      • (v) then proceeds in a generally north-easterly then south-westerly direction along the mean high-water mark of Arapawa Island to the point of commencement:

    • (c) Oyster Bay to Rarangi: all that area of New Zealand fisheries waters enclosed by a line that—

      • (i) commences at a point on the mean high-water mark at the northernmost point of Tio Point (on the western side of Oyster Bay) (at 41°14.68′S and 174°14.78′E); and

      • (ii) then proceeds due north to a point offshore (at 41°14.55′S and 174°14.78′E); and

      • (iii) then proceeds in a generally north-easterly then southerly direction along a line every point of which is approximately 200 m from the mean high-water mark of the South Island to a point offshore (at 41°23.49′S and 174°03.25′E); and

      • (iv) then proceeds due west to a point on the mean high-water mark at the northern end of Rarangi Beach (at 41°23.49′S and 174°03.07′E); and

      • (v) then proceeds in a generally northerly then south-westerly direction along the mean high-water mark of the South Island to the point of commencement:

    • (d) Cape Campbell to Needles Point: all that area of New Zealand fisheries waters enclosed by a line that—

      • (i) commences at a point on the mean high-water mark at the northernmost point of Cape Campbell (at 41°43.55′S and 174°16.57′E); and

      • (ii) then proceeds due north to a point offshore (at 41°43.43′S and 174°16.57′E); and

      • (iii) then proceeds in a south-westerly direction along a line every point of which is approximately 200 m from the mean high-water mark of the South Island to a point offshore (at 41°52.37′S and 174°09.98′E); and

      • (iv) then proceeds due west to a point on the mean high-water mark at the easternmost point of Needles Point (at 41°52.37′S and 174°09.82′E); and

      • (v) then proceeds in a north-easterly direction along the mean high-water mark of the South Island to the point of commencement:

    • (e) Brothers Islands: the waters lying inside a line every point of which is 200 m from the mean high-water mark of all of the islands, islets, and rocks of the Brothers Islands group:

    • (f) White Rocks: the waters lying inside a line every point of which is 200 m from the mean high-water mark of White Rocks:

    • (g) Motuara Island: the waters lying inside a line every point of which is 200 m from the mean high-water mark of Motuara Island:

    • (h) Motungarara Island: the waters lying inside a line every point of which is 200 m from the mean high-water mark of Motungarara Island:

    • (i) The Twins: the waters lying inside a line every point of which is 200 m from the mean high-water mark of The Twins.

    Regulation 4AAC: inserted, on 3 January 2013, by regulation 6 of the Fisheries (Challenger Area Amateur Fishing) Amendment Regulations (No 2) 2012 (SR 2012/350).

4AD Set net fishing prohibited in certain area from Farewell Spit Lighthouse to Awarua 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 Farewell Spit Lighthouse (at 40°32.70′S and 173°00.50′E); and

    • (b) 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 Whanganui Inlet’s east headland (at 40°34.46′S and 172°33.05′E); and

    • (c) then proceeds in a straight line to the Whanganui Inlet’s west headland (at 40°35.00′S and 172°32.00′E); and

    • (d) 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 Little Wanganui east head (at 41°23.46′S and 172°03.63′E); and

    • (e) then proceeds in a straight line to the Little Wanganui west head (at 41°23.46′S and 172°03.19′E); and

    • (f) 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 Mokihinui River (at 41°31.18′S and 171°56.31′E); and

    • (g) then proceeds in a straight line to the south bank of the Mokihinui River (at 41°31.43′S and 171°56.11′E); and

    • (h) 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 east head of the Orowaiti Lagoon (at 41°44.42′S and 171°40.16′E); and

    • (i) then proceeds in a straight line to the west head of the Orowaiti Lagoon (at 41°44.42′S and 171°39.37′E); and

    • (j) then follows a line in a generally southerly direction by the mean high-water mark to the Buller River east bank (at 41°43.93′S and 171°35.62′E); and

    • (k) then proceeds in a straight line to the Buller River west bank (at 41°43.93′S and 171°35.17′E); and

    • (l) then follows a line in a generally southerly direction by the mean high-water mark to the east bank of the Waitakere/Nile River (at 41°53.81′S and 171°26.71′E); and

    • (m) then proceeds in a straight line to the Waitakere/Nile River west bank (at 41°53.81′S and 171°26.62′E); and

    • (n) 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 Grey River (at 42°26.32′S and 171°11.49′E); and

    • (o) then proceeds in a straight line to the south bank of the Grey River (at 42°26.39′S and 171°11.38′E); and

    • (p) 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 Hokitika River (at 42°43.22′S and 170°57.10′E); and

    • (q) then proceeds in a straight line to the south bank of the Hokitika River (at 42°43.31′S and 170°56.91′E); and

    • (r) 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 Kakapotahi River (at 42°57.26′S and 170°39.74′E); and

    • (s) then proceeds in a straight line to the Kakapotahi River south bank (at 42°57.40′S and 170°39.53′E); and

    • (t) then follows a line in a generally southerly direction by the mean high-water mark to the westernmost point of Awarua Point (at 44°15.60′S and 168°03.10′E); and

    • (u) then proceeds due west 2 nautical miles to a point on the Challenger fisheries management area boundary (at 44°15.60′S and 168°00.26′E); and

    • (v) then proceeds in a northerly direction in a line 2 nautical miles from the mean high-water mark to a point 2 nautical miles north of Farewell Spit Lighthouse (at 40°30.26′S and 173°00.50′E); and

    • (w) then proceeds due south to Farewell Spit Lighthouse to the point of commencement (at 40°32.70′S and 173°00.50′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 4AD: inserted, on 1 October 2008, by regulation 8 of the Fisheries (Challenger Area Amateur Fishing) Amendment Regulations 2008 (SR 2008/270).

    Regulation 4AD(1): amended, on 20 November 2008, by regulation 7(1) of the Fisheries (Challenger Area Amateur Fishing) Amendment Regulations (No 2) 2008 (SR 2008/406).

    Regulation 4AD(1)(j): substituted, on 20 November 2008, by regulation 7(2) of the Fisheries (Challenger Area Amateur Fishing) Amendment Regulations (No 2) 2008 (SR 2008/406).

    Regulation 4AD(1)(k): substituted, on 20 November 2008, by regulation 7(2) of the Fisheries (Challenger Area Amateur Fishing) Amendment Regulations (No 2) 2008 (SR 2008/406).

    Regulation 4AD(1)(l): substituted, on 20 November 2008, by regulation 7(2) of the Fisheries (Challenger Area Amateur Fishing) Amendment Regulations (No 2) 2008 (SR 2008/406).

    Regulation 4AD(1)(m): substituted, on 20 November 2008, by regulation 7(2) of the Fisheries (Challenger Area Amateur Fishing) Amendment Regulations (No 2) 2008 (SR 2008/406).

    Regulation 4AD(1)(p): substituted, on 20 November 2008, by regulation 7(3) of the Fisheries (Challenger Area Amateur Fishing) Amendment Regulations (No 2) 2008 (SR 2008/406).

    Regulation 4AD(1)(q): amended, on 20 November 2008, by regulation 7(4) of the Fisheries (Challenger Area Amateur Fishing) Amendment Regulations (No 2) 2008 (SR 2008/406).

    Regulation 4AD(1)(t): substituted, on 20 November 2008, by regulation 7(5) of the Fisheries (Challenger Area Amateur Fishing) Amendment Regulations (No 2) 2008 (SR 2008/406).

    Regulation 4AD(1)(u): added, on 20 November 2008, by regulation 7(5) of the Fisheries (Challenger Area Amateur Fishing) Amendment Regulations (No 2) 2008 (SR 2008/406).

    Regulation 4AD(1)(v): added, on 20 November 2008, by regulation 7(5) of the Fisheries (Challenger Area Amateur Fishing) Amendment Regulations (No 2) 2008 (SR 2008/406).

    Regulation 4AD(1)(w): added, on 20 November 2008, by regulation 7(5) of the Fisheries (Challenger Area Amateur Fishing) Amendment Regulations (No 2) 2008 (SR 2008/406).

4B Hook limit in Marlborough Sounds area
  • A person must not take any finfish from within the Marlborough Sounds area using a rod and reel line, or a hand line, with more than 2 hooks attached to it.

    Regulation 4B: substituted, on 1 April 2011, by regulation 9 of the Fisheries (Challenger Area Amateur Fishing) Amendment Regulations 2011 (SR 2011/23).

4C Pacific oyster
  • Notwithstanding anything in regulation 19(1) or regulation 23(2) of the Fisheries (Amateur Fishing) Regulations 1986 (SR 1986/221), any person may take Pacific oysters from the waters of the Challenger fishery management area at any time on any day.

    Regulation 4C: inserted, on 1 October 1994, by regulation 5 of the Fisheries (Challenger Area Amateur Fishing) Regulations 1986, Amendment No 3 (SR 1994/182).

4D Dredge oysters
  • Regulation 23(2) of the Fisheries (Amateur Fishing) Regulations 1986 shall not apply to prohibit the taking of dredge oysters from the Challenger fisheries management area.

    Regulation 4D: inserted, on 30 November 1995, by regulation 4 of the Fisheries (Challenger Area Amateur Fishing) Regulations 1986, Amendment No 4 (SR 1995/235).

4E Pelorus Sound longlining restrictions
  • (1) No person shall use or possess any line (other than a rod and reel line or a hand line) in the waters of Pelorus Sound.

    (2) For the purposes of this regulation, the waters of Pelorus Sound are the waters lying inside a straight line running from Tawero Point (at 41°03.80′S and 173°57.00′E) to Opani-aputa Point (at 41°04.70′S and 173°58.50′E).

    Regulation 4E: inserted, on 7 November 1996, by regulation 4 of the Fisheries (Challenger Area Amateur Fishing) Regulations 1986, Amendment No 5 (SR 1996/312).

    Regulation 4E(2): amended, on 1 October 2008, by regulation 9(a) of the Fisheries (Challenger Area Amateur Fishing) Amendment Regulations 2008 (SR 2008/270).

    Regulation 4E(2): amended, on 1 October 2008, by regulation 9(b) of the Fisheries (Challenger Area Amateur Fishing) Amendment Regulations 2008 (SR 2008/270).

4F Marlborough Sounds blue cod restrictions
  • [Revoked]

    Regulation 4F: revoked, on 1 April 2011, by regulation 10 of the Fisheries (Challenger Area Amateur Fishing) Amendment Regulations 2011 (SR 2011/23).

5 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 2B(8), 2D, 3A(1A) and (2), 3B, 3C, 4, 4A, 4AC, 4AAC, 4B, and 4E.

    (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 2B(3) and (9), 2C, 2E, 2F, 3A(1B), 4AA, 4AB, and 4AD.

    (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.

    (4) However, the defence does not apply to—

    (5) It is a defence to a charge of possessing more than 3 blue cod in contravention of regulation 2B(3A)(b) or (c) if the defendant satisfies the court that—

    • (a) the defendant possessed no more than 6 blue cod; and

    • (b) the blue cod were not taken in breach of the regulations.

    (6) It is a defence to a charge of contravening, or failing to comply with, regulation 2F(1)(b) if the defendant satisfies the court that the blue cod to which the charge relates were taken from outside the Marlborough Sounds area.

    Regulation 5: substituted, on 1 October 2001, by regulation 5 of the Fisheries (Challenger Area Amateur Fishing) Amendment Regulations 2001 (SR 2001/267).

    Regulation 5(1): amended, on 1 July 2013, by section 413 of the Criminal Procedure Act 2011 (2011 No 81).

    Regulation 5(1): amended, on 3 January 2013, by regulation 7 of the Fisheries (Challenger Area Amateur Fishing) Amendment Regulations (No 2) 2012 (SR 2012/350).

    Regulation 5(1): amended, on 1 April 2011, by regulation 11(1) of the Fisheries (Challenger Area Amateur Fishing) Amendment Regulations 2011 (SR 2011/23).

    Regulation 5(2): amended, on 1 July 2013, by section 413 of the Criminal Procedure Act 2011 (2011 No 81).

    Regulation 5(2): amended, on 1 April 2011, by regulation 11(2) of the Fisheries (Challenger Area Amateur Fishing) Amendment Regulations 2011 (SR 2011/23).

    Regulation 5(2): amended, on 1 October 2008, by regulation 11(2) of the Fisheries (Challenger Area Amateur Fishing) Amendment Regulations 2008 (SR 2008/270).

    Regulation 5(4): added, on 1 April 2011, by regulation 11(3) of the Fisheries (Challenger Area Amateur Fishing) Amendment Regulations 2011 (SR 2011/23).

    Regulation 5(5): added, on 1 April 2011, by regulation 11(3) of the Fisheries (Challenger Area Amateur Fishing) Amendment Regulations 2011 (SR 2011/23).

    Regulation 5(6): added, on 1 April 2011, by regulation 11(3) of the Fisheries (Challenger Area Amateur Fishing) Amendment Regulations 2011 (SR 2011/23).

6 Revocations
  • The following notices are hereby revoked:

    • (a) the Fisheries (Double Cove Prohibition) Notice 1983 (SR 1983/299):

    • (b) the Fisheries (Nelson Amateur Fishing) Notice 1984 (SR 1984/209).

P G Millen,
Clerk of the Executive Council.


Issued under the authority of the Legislation Act 2012.

Date of notification in Gazette: 4 September 1986.


Reprints notes
1 General
  • This is a reprint of the Fisheries (Challenger 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