Taupo Fishery Regulations 2004

Reprint as at 1 July 2016

Coat of Arms of New Zealand

Taupo Fishery Regulations 2004

(SR 2004/135)

Silvia Cartwright, Governor-General

Order in Council

At Wellington this 24th day of May 2004

Present:
The Right Hon Helen Clark presiding in Council

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 Department of Conservation.

Pursuant to sections 48 and 48A of the Conservation Act 1987 and section 14 of the Maori Land Amendment and Maori Land Claims Adjustment Act 1926, Her Excellency the Governor-General, acting on the advice and with the consent of the Executive Council, makes the following regulations.

Contents

1Title
2Commencement
3Application
4Interpretation
5Fishing prohibited in certain waters [Revoked]
6Restriction on taking fish from or near control apparatus
7Classes and forms of licences
8Issue of licences
9Licence to be signed by licence holder
10Licence fees
11Replacement of licences
12Licences not transferable
13Unauthorised amendment of licences prohibited
14Licence conditions
15Right of way over land
16Licence not otherwise to confer right of entry on land
17Operator not to permit unlicensed persons to fish for trout from commercial vessel
18Prohibitions relating to trout fishing [Revoked]
19Anglers to give name and address, and produce licence
20Restrictions on methods of fishing [Revoked]
21Restriction on lures [Revoked]
22Restriction on use of boats [Revoked]
23Tagged trout
[Revoked]
24Bag and size limits [Revoked]
25Register for trout
26Details to be attached to trout
27No gifts of trout
28Maximum number of trout
29Offences and penalties
30Taupo Fishery Advisory Committee continued
31Functions of Committee
32Members to hold office at pleasure
33Chairperson of Committee
34Meetings
35Other persons who may attend meetings
36Servicing of Committee
37Travelling allowances and expenses
38Taking of fish for piscicultural, scientific, or other purposes
39Keeping live trout in captivity
40Taking, possession, or sale of indigenous fish and smelt
41Control of noxious fish
42Fishing competitions
43Revocation
[Revoked]
Gazette Information
Reprint notes

Regulations

1 Title

These regulations are the Taupo Fishery Regulations 2004.

2 Commencement

These regulations come into force on 1 July 2004.

3 Application

(1)

These regulations apply only in the Taupo District.

(2)

These regulations apply subject to the provisions about the issue of licences in section 14(9)(c) of the Maori Land Amendment and Maori Land Claims Adjustment Act 1926.

4 Interpretation

(1)

In these regulations, unless the context otherwise requires,—

commercial freezing chamber means any freezing chamber (including any cool store, refrigeration works, or freezing or cooling device)—

(a)

situated in or on any plant or premises (not being a private dwellinghouse); and

(b)

in which trout are or have been in the preceding 6 months frozen or otherwise preserved, treated, or stored

commercial smokehouse means any smokehouse (including any fish preparation room, salting room, or drying room adjacent to or forming part of the smokehouse)—

(a)

situated in or on any plant or premises (not being a private dwellinghouse); and

(b)

in which trout are or have been in the preceding 6 months smoked, preserved, treated, or stored

Committee means the Taupo Fishery Advisory Committee continued under regulation 30

day means a day computed from midnight to midnight

Department means the Department of Conservation

Director-General means the Director-General of Conservation

issuing officer means a person authorised to issue licences under these regulations

licence means a licence to take trout issued in accordance with these regulations

Minister means the Minister of Conservation

officer means a warranted officer within the meaning of the Conservation Act 1987

take includes—

(a)

taking, fishing for, catching, killing, or pursuing by any means or device; and

(b)

attempting to take

Taupo District means the district described in the Taupo District Order 1983

trout includes—

(a)

char of any species; and

(b)

any hybrid of any trout or char; and

(c)

any trout whether alive or dead, and any part of a trout.

(2)

For the purposes of these regulations, a person who is fishing is to be treated as fishing—

(a)

at the place from where he or she is fishing; and

(b)

at any place reached by his or her line and lure.

Regulation 4(1) artificial fly: revoked, on 1 July 2016, by regulation 4 of the Taupo Fishery Amendment Regulations 2016 (LI 2016/82).

Regulation 4(1) artificial lure: revoked, on 1 July 2016, by regulation 4 of the Taupo Fishery Amendment Regulations 2016 (LI 2016/82).

Regulation 4(1) boat: revoked, on 1 July 2016, by regulation 4 of the Taupo Fishery Amendment Regulations 2016 (LI 2016/82).

Regulation 4(1) fly fishing: revoked, on 1 July 2016, by regulation 4 of the Taupo Fishery Amendment Regulations 2016 (LI 2016/82).

Regulation 4(1) foulhook: revoked, on 1 July 2016, by regulation 4 of the Taupo Fishery Amendment Regulations 2016 (LI 2016/82).

Regulation 4(1) landmark: revoked, on 1 July 2016, by regulation 4 of the Taupo Fishery Amendment Regulations 2016 (LI 2016/82).

Regulation 4(1) length: revoked, on 1 July 2016, by regulation 4 of the Taupo Fishery Amendment Regulations 2016 (LI 2016/82).

Regulation 4(1) lure: revoked, on 1 July 2016, by regulation 4 of the Taupo Fishery Amendment Regulations 2016 (LI 2016/82).

Regulation 4(1) natural fly: revoked, on 1 July 2016, by regulation 4 of the Taupo Fishery Amendment Regulations 2016 (LI 2016/82).

Regulation 4(1) open season: revoked, on 1 July 2016, by regulation 4 of the Taupo Fishery Amendment Regulations 2016 (LI 2016/82).

Regulation 4(1) strike indicator: revoked, on 1 July 2016, by regulation 4 of the Taupo Fishery Amendment Regulations 2016 (LI 2016/82).

Restrictions on fishing

Heading: replaced, on 1 July 2016, by regulation 5 of the Taupo Fishery Amendment Regulations 2016 (LI 2016/82).

5 Fishing prohibited in certain waters
[Revoked]

Regulation 5: revoked, on 1 July 2016, by regulation 6 of the Taupo Fishery Amendment Regulations 2016 (LI 2016/82).

6 Restriction on taking fish from or near control apparatus

A person must not take any fish in or from any water which is within 100 m of any net, trap, pound net, electrical device, or other contrivance—

(a)

erected or placed for the purpose of preventing or controlling the movement of fish; and

(b)

used by any person for—

(i)

the purposes of the protection, management, enhancement, or conservation of fish; or

(ii)

other authorised purposes.

Licences

7 Classes and forms of licences

Licences issued to take trout must be in the forms and for the classes fixed by notice in the Gazette.

8 Issue of licences

(1)

Licences may be issued only by persons authorised in writing by the Director-General.

(2)

Licences may be issued in electronic or non-electronic form.

(3)

An applicant for a licence must provide his or her full name, date of birth, and usual address to the person issuing the licence.

(4)

A person issuing licences must, when required by the Director-General, do any or all of the following:

(a)

return all unissued licences:

(b)

return the butts of all issued licences:

(c)

remit, to the Director-General, any licence fees not already remitted.

(5)

Subclause 4(a) and (b) does not apply to licences issued in an electronic form.

Regulation 8: replaced, on 1 July 2016, by regulation 7 of the Taupo Fishery Amendment Regulations 2016 (LI 2016/82).

9 Licence to be signed by licence holder

(1)

A licence does not take effect until the holder has signed his or her usual signature in the space provided for the purpose on the licence.

(2)

Subclause (1) does not apply to licences issued in an electronic form.

Regulation 9(2): inserted, on 1 July 2016, by regulation 8 of the Taupo Fishery Amendment Regulations 2016 (LI 2016/82).

10 Licence fees

(1)

The fees fixed by notice in the Gazette for a licence must be paid and received for the licence.

(2)

The appropriate fee must be paid to the issuing officer before the issue of the licence.

(3)

Every person commits an offence against these regulations who, with the intention of obtaining a licence for a fee lower than the fee set by notice in the Gazette, makes any false representation to an issuing officer as to the age of himself or herself or of any other person or as to whether or not he or she or any other person is attending school full time as a pupil.

(4)

Despite subclause (1), the Director-General may issue a licence to a person either for no fee or for a reduced fee that the Director-General approves.

11 Replacement of licences

A holder of a whole-season licence may, at any time during the period specified in the licence, obtain from the Director-General a replacement licence free of charge if he or she proves to the satisfaction of the Director-General that,—

(a)

in relation to a licence issued in an electronic form, the licence has been deleted or has otherwise become no longer usable for subsequent reference:

(b)

in relation to a licence issued in a non-electronic form, the licence has been lost or mutilated or become illegible.

Regulation 11: replaced, on 1 July 2016, by regulation 9 of the Taupo Fishery Amendment Regulations 2016 (LI 2016/82).

12 Licences not transferable

A licence is not transferable to a person who is not named in the licence to take trout.

13 Unauthorised amendment of licences prohibited

(1)

A person, except an issuing officer, must not amend a licence.

(2)

A person must not intentionally falsify or intentionally omit any information that may, under these regulations, be specified in a licence.

Regulation 13: replaced, on 1 July 2016, by regulation 10 of the Taupo Fishery Amendment Regulations 2016 (LI 2016/82).

14 Licence conditions

The right to take trout under a licence is limited to—

(a)

the period specified in the licence; and

(b)

the part of the Taupo District specified in the licence; and

(c)

the boat (if any) specified in the licence.

Regulation 14: replaced, on 1 July 2016, by regulation 11 of the Taupo Fishery Amendment Regulations 2016 (LI 2016/82).

15 Right of way over land

Every licence issued in respect of the Taupo District is to be treated as if it were a special licence within the meaning of section 14(4)(b) of the Maori Land Amendment and Maori Land Claims Adjustment Act 1926, and the provisions of section 14 of that Act apply accordingly.

16 Licence not otherwise to confer right of entry on land

(1)

A licence does not confer any right of entry upon the land of any person without his or her consent.

(2)

This regulation applies subject to regulation 15.

17 Operator not to permit unlicensed persons to fish for trout from commercial vessel

(1)

A person who operates a commercial ship on Lake Taupo, or who causes or permits a ship to be operated on Lake Taupo, must not permit any other person to fish for trout from the ship unless the other person has the right to take trout under a licence.

(2)

In this regulation, commercial ship has the same meaning as in the Maritime Transport Act 1994.

Regulation 17(1): amended, on 1 July 2016, by regulation 12 of the Taupo Fishery Amendment Regulations 2016 (LI 2016/82).

Circumstances under which fishing is authorised

18 Prohibitions relating to trout fishing
[Revoked]

Regulation 18: revoked, on 1 July 2016, by regulation 13 of the Taupo Fishery Amendment Regulations 2016 (LI 2016/82).

19 Anglers to give name and address, and produce licence

Every person taking trout or in possession of a rod or gear suitable for taking trout must, if required to do so by an officer,—

(a)

give his or her full name and place of residence, and, if also required to do so by the officer, produce and show to the officer his or her licence and the contents of his or her creel or container and any lure or bait in his or her possession:

(b)

make or give legibly and clearly a specimen signature for comparison with the signature of the holder on the licence required under regulation 9.

20 Restrictions on methods of fishing
[Revoked]

Regulation 20: revoked, on 1 July 2016, by regulation 14 of the Taupo Fishery Amendment Regulations 2016 (LI 2016/82).

21 Restriction on lures
[Revoked]

Regulation 21: revoked, on 1 July 2016, by regulation 14 of the Taupo Fishery Amendment Regulations 2016 (LI 2016/82).

22 Restriction on use of boats
[Revoked]

Regulation 22: revoked, on 1 July 2016, by regulation 14 of the Taupo Fishery Amendment Regulations 2016 (LI 2016/82).

23 Tagged trout

A person must not, except with the prior written authority of the Director-General, mark any living trout by—

(a)

attaching to it a tag or other distinguishing device; or

(b)

clipping or removing a fin or fins.

Bag and size limits[Revoked]

Heading: revoked, on 1 July 2016, by regulation 15 of the Taupo Fishery Amendment Regulations 2016 (LI 2016/82).

24 Bag and size limits
[Revoked]

Regulation 24: revoked, on 1 July 2016, by regulation 15 of the Taupo Fishery Amendment Regulations 2016 (LI 2016/82).

Storage and smoking of trout

25 Register for trout

(1)

A manager or person in charge of any commercial freezing chamber or commercial smokehouse must not receive any trout for any purpose or have any trout in those premises unless—

(a)

on the day of and at the time of deposit he or she makes or causes to be made correctly in a book kept on the premises for that purpose the entries in respect of the trout specified in subclause (2); and

(b)

he or she permits any officer to enter those premises at all reasonable times and to inspect any fish in the premises and to inspect and copy any entries from that book.

(2)

The entries to be made in accordance with subclause (1) are as follows:

(a)

the date and time of deposit of the fish on the premises:

(b)

the number of fish:

(c)

the name and address of the owner of the fish:

(d)

the address (if any) to which the fish are to be forwarded or the name and address of the person taking delivery of the fish.

(3)

A book kept under this regulation must be retained for at least 6 months after the last entry is made in it.

26 Details to be attached to trout

A person must not place or permit to be placed or kept in any commercial freezing chamber or commercial smokehouse any trout unless there is affixed or tied to the trout a label on which is legibly written—

(a)

the name and address of the owner of the fish; and

(b)

the date on which the fish were deposited on the premises.

27 No gifts of trout

A person must not give, and a manager or person in charge of any commercial freezing chamber or commercial smokehouse must not receive, any trout in exchange or as a full or partial consideration for the storage or any preservation or treatment of any trout.

28 Maximum number of trout

A person must not deposit, and a manager or person in charge of any commercial freezing chamber or commercial smoke-house must not accept for deposit, in those premises, trout if the person already has a total of 12 trout deposited in the premises.

Offences and penalties

29 Offences and penalties

(1)

Every person commits an offence who does any act in contravention of, or fails to comply with, these regulations.

(2)

Every person who commits an offence against these regulations is liable on conviction—

(a)

to a fine not exceeding $5,000 in respect of any offence; and

(b)

in the case of an offence against regulation 6, 23, 25, 26, or 39, to a further fine not exceeding $10 for each fish in respect of which the offence was committed.

Regulation 29(2): amended, on 1 July 2013, by section 413 of the Criminal Procedure Act 2011 (2011 No 81).

Regulation 29(2)(b): amended, on 1 July 2016, by regulation 16 of the Taupo Fishery Amendment Regulations 2016 (LI 2016/82).

Taupo Fishery Advisory Committee

30 Taupo Fishery Advisory Committee continued

(1)

This regulation continues the advisory user group known as the Taupo Fishery Advisory Committee and established by the Minister under the Taupo Fishing Regulations 1984.

(2)

The Taupo Fishery Advisory Committee consists of the following members:

(a)

8 members appointed by the Minister from persons nominated by the organisations specified in Schedule 3:

(b)

1 member to represent the Tuwharetoa Maori Trust Board and to be appointed by the Minister on advice from the Board:

(c)

1 member appointed by the Minister to represent national angling interests:

(d)

1 member to represent the New Zealand Fish and Game Council and to be appointed by the Minister on advice from the Council:

(e)

1 member appointed by the Minister to represent the appropriate Conservator of the Department.

(3)

The members appointed under subclause (2)(a), (b), and (c) have voting rights at meetings of the Committee, and the other members of the Committee are entitled to speak at meetings of the Committee but are not entitled to vote on any question.

31 Functions of Committee

The functions of the Committee are—

(a)

to advocate Taupo sport fishing interests:

(b)

to facilitate communication between the Department and anglers:

(c)

to keep anglers informed on matters affecting their interests:

(d)

to foster ethical standards of angling behaviour:

(e)

to consider and advise the Department on freshwater and sport fishing matters within the Taupo District:

(f)

to make any representations that it sees fit to the Minister, or to the Department or any other government agency or other organisation, on matters affecting the Taupo Fishery, including national and regional policy statements, management strategies, and management plans:

(g)

to liaise with the New Zealand Fish and Game Council on matters of mutual interest relating to sports fish.

32 Members to hold office at pleasure

Members of the Committee hold office at the pleasure of the Minister.

33 Chairperson of Committee

(1)

The members of the Committee must elect one of their number to be Chairperson of the Committee for the term that the members think fit.

(2)

The Chairperson must preside at all meetings of the Committee at which he or she is present.

(3)

If the Chairperson is absent from any meeting of the Committee, the members present must appoint one of their number to be the Chairperson of that meeting.

34 Meetings

(1)

Meetings of the Committee must be held at least 3 times a year at the times and places that the Committee or the Chairperson appoints and the first meeting in each financial year must be called the annual general meeting of the Committee.

(2)

The Chairperson may at any time call a special meeting of the Committee, and must call a special meeting if requested in writing by any 3 or more voting members to do so.

(3)

At any meeting of the Committee, 4 of the voting members constitute a quorum and no business is to be transacted at any meeting unless a quorum is present.

(4)

Every question before the Committee must be decided by a majority of the voting members present and proper minutes must be kept of proceedings.

(5)

At any meeting of the Committee, the Chairperson has a deliberative vote, and, in the case of an equality of votes, also has a casting vote.

(6)

Subject to these regulations, the Committee may regulate its procedure in the manner that it thinks fit.

35 Other persons who may attend meetings

(1)

The Committee may allow persons who are not members of the Committee to attend meetings of the Committee.

(2)

The Conservator of the Tongariro-Taupo Conservancy of the Department is entitled to attend and speak at any meeting of the Committee, but is not entitled to vote on any question.

(3)

Not more than 4 persons representing the Tuwharetoa Maori Trust Board are entitled to attend and speak at meetings of the Committee to provide support for the member representing the Board, but are not entitled to vote on any question.

36 Servicing of Committee

The Department must provide secretarial services to the Committee.

37 Travelling allowances and expenses

(1)

The Director-General must reimburse—

(a)

the actual and reasonable travelling and accommodation expenses incurred by voting members of the Committee in respect of their service as members of the Committee:

(b)

half of the actual and reasonable travelling and accommodation expenses incurred by the member representing the New Zealand Fish and Game Council in respect of his or her service as a member of the Committee.

(2)

No member of the Committee is entitled to any remuneration in respect of his or her service as a member of the Committee.

General provisions

38 Taking of fish for piscicultural, scientific, or other purposes

(1)

Despite anything to the contrary in these regulations, the persons specified in subclause (2) may, for the purposes of pisciculture, scientific investigation, acclimatisation or propagation, or any other purposes,—

(a)

take by any means any fish from any waters in the Taupo District at any time; and

(b)

have in his or her possession fish taken for those purposes.

(2)

The persons are—

(a)

any person with the prior written authority of the Director-General or his or her appointee; or

(b)

any officer of the Department acting in the course of his or her official duties.

(3)

The Director-General or his or her appointee may authorise persons who are disabled (within the meaning of the Disabled Persons Employment Promotion Act 1960) for the purposes of recreation to take sports fish by any means that would otherwise be unlawful.

39 Keeping live trout in captivity

A person must not obtain or keep in captivity any live trout for any purpose, unless the person—

(a)

has the prior written authority of the Director-General; and

(b)

complies with any conditions that the Director-General may impose.

40 Taking, possession, or sale of indigenous fish and smelt

(1)

A person must not take, possess, or sell—

(a)

any crustacean of the genus Paranephrops (commonly called freshwater crayfish or koura); or

(b)

any other fish indigenous to New Zealand (except any fish of the genus Galaxias (whitebait), any lamprey, and eel); or

(c)

smelt; or

(d)

the ova, young, or fry of the fish specified in paragraphs (a) to (c).

(2)

However,—

(a)

members of the Tuwharetoa tribe are authorised to fish for, and catch for their own use, any fish in Lake Taupo that are indigenous to that lake, subject to the conditions set down in section 14(2) of the Maori Land Amendment and Maori Land Claims Adjustment Act 1926; and

(b)

any member of the Tuwharetoa tribe may fish for, and catch for his or her own use, smelt in Lake Taupo and the Tokaanu Tailrace during the smelt fishing season, subject to any conditions set down by the Director-General under section 26ZL of the Conservation Act 1987, if the Tuwharetoa Maori Trust Board authorises that member to fish for smelt during that smelt fishing season.

(3)

If the Tuwharetoa Maori Trust Board authorises a member of the Tuwharetoa tribe under subclause (2)(b), it must inform that member that the authorisation—

(a)

is subject to any conditions set down by the Director-General under section 26ZL of the Conservation Act 1987; and

(b)

applies to a specified smelt fishing season; and

(c)

expires at the end of that specified smelt fishing season.

(4)

An authorisation given to a member of the Tuwharetoa tribe under subclause (2)(b) takes effect when the Tuwharetoa Maori Trust Board advises the Director-General, in writing, of the particulars of that authorisation, including, but not limited to,—

(a)

the name, birth date, address, phone number (if any), and email address (if any) of that member:

(b)

any conditions, restrictions, or limitations on that authorisation.

41 Control of noxious fish

(1)

A person must not have in his or her possession or under his or her control, or rear, raise, hatch, or consign any of the species (including subspecies, hybrids, and variations of those species) specified in Schedule 2 (noxious fish).

(2)

However, the Director-General may authorise in writing any person to have in his or her possession any noxious fish. An authorisation may contain any conditions that the Director-General considers necessary, and the conditions may be varied in writing at any time.

(3)

Every authority under this regulation may be revoked by the Director-General at any time and, on revocation, the species of noxious fish that are the subject of the authority may, after 24 hours notice given to the holder of the revoked authority, be taken without payment or other compensation by an officer authorised in that behalf and destroyed or otherwise dealt with in any manner that the Director-General may direct.

Miscellaneous

42 Fishing competitions

(1)

A person must not promote, organise, or participate in a fishing competition where an entry fee is charged or where a total prize value exceeding $5,000 is offered unless the competition has been approved in writing by the Director-General.

(2)

An approval given under subclause (1) may be given subject to any conditions that the Director-General considers appropriate to protect the sustainability of the trout populations and overall angling values.

43 Revocation

The Taupo Fishing Regulations 1984 (SR 1984/347) are revoked.

Schedule 1 Restrictions on lures

[Revoked]

rr 20(3), 21(2)

Schedule 1: revoked, on 1 July 2016, by regulation 17 of the Taupo Fishery Amendment Regulations 2016 (LI 2016/82).

Schedule 2 Species of noxious fish

r 41

Scientific nameCommon name
Clarias batrachusWalking catfish
Cyprinus carpioEuropean carp, Japanese koi
Esox luciusPike
Pygocentrus spp.Piranha
Rooseveltiella spp.Piranha
Sarotherodon spp.Tilapia
Scardinius erythrophthalmusRudd
Serrasalmus spp.Piranha
Tilapia spp.Tilapia

Schedule 3 Angling organisations

r 30(2)(a)

Advocates for the Tongariro River Inc

Motuoapa Fishing and Boating Club

New Zealand Professional Fishing Guides’ Association

Taupo Commercial Launchmen’s Association

Taupo Fishing Club

Tongariro & Lake Taupo Anglers’ Club

Tongariro National Trout Centre Society

Waitahanui Angling Improvement Association

Diane Morcom,
Clerk of the Executive Council.

Issued under the authority of the Legislation Act 2012.

Date of notification in Gazette: 27 May 2004.

Reprints notes
1 General

This is a reprint of the Taupo Fishery Regulations 2004 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

Editorial and format changes to reprints are made using the powers under sections 24 to 26 of the Legislation Act 2012. See also http://www.pco.parliament.govt.nz/editorial-conventions/.

4 Amendments incorporated in this reprint

Taupo Fishery Amendment Regulations 2016 (LI 2016/82)

Criminal Procedure Act 2011 (2011 No 81): section 413