Fisheries (Ngāti Tūwharetoa, Raukawa, and Te Arawa River Iwi) Amendment Regulations 2025
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2025/36
Fisheries (Ngāti Tūwharetoa, Raukawa, and Te Arawa River Iwi) Amendment Regulations 2025
Cindy Kiro, Governor-General
Order in Council
At Wellington this 10th day of March 2025
Present:
Her Excellency the Governor-General in Council
These regulations are made under sections 186 and 297 of the Fisheries Act 1996 and section 58 of the Ngati Tuwharetoa, Raukawa, and Te Arawa River Iwi Waikato River Act 2010 on the advice and with the consent of the Executive Council.
Contents
Regulations
1 Title
These regulations are the Fisheries (Ngāti Tūwharetoa, Raukawa, and Te Arawa River Iwi) Amendment Regulations 2025.
2 Commencement
These regulations come into force on 10 April 2025.
3 Principal regulations
These regulations amend the Fisheries (Ngāti Tūwharetoa, Raukawa, and Te Arawa River Iwi) Regulations 2017.
4 Regulation 4 amended (Relationship between these regulations and other regulations)
(1)
In the heading to regulation 4, replace “other regulations”
with “other secondary legislation”
.
(2)
In regulation 4(1) and (4), replace “other regulations”
with “other secondary legislation”
in each place.
5 Regulation 5 amended (Interpretation)
In regulation 5(1), insert in their appropriate alphabetical order:
bylaw means a bylaw made under regulation 17(7)
daily limit, in relation to a species of fish, aquatic life, or seaweed, means the maximum number or quantity of that species that a person may, on any day, take or possess from or in a specified area prescribed by a bylaw
6 Cross-heading above regulation 21 replaced
Replace the cross-heading above regulation 21 with:
Offences and penalties
7 New regulations 20A and 20B inserted
Before regulation 21, insert:
20A Breach of bylaws is infringement offence
(1)
A person commits an infringement offence if they breach—
(a)
a bylaw by—
(i)
taking or possessing more than the daily limit but not more than 2 times that limit; or
(ii)
taking or possessing more than 2 times the daily limit but not more than 3 times that limit; or
(b)
any other provision of a bylaw.
(2)
A person who commits an infringement offence under subclause (1) is liable to—
(a)
the infringement fee specified for that offence in the third column of the Schedule; or
(b)
a fine imposed by a court not exceeding an amount prescribed in regulation 23(2).
(3)
An infringement notice issued under section 260A of the Fisheries Act 1996 for an infringement offence must be in form 1 of Schedule 20 of the Fisheries (Amateur Fishing) Regulations 2013.
(4)
An infringement offence reminder notice issued under section 260B of the Fisheries Act 1996 must be in form 2 of Schedule 20 of the Fisheries (Amateur Fishing) Regulations 2013.
20B Application of regulation 20A(1)
Regulation 20A(1) does not apply if the person holds a customary authorisation for an activity described in regulation 6(2)(a) to which regulation 18 applies.
8 Regulation 22 amended (Defences)
In regulation 22(2), after “defences”
, insert “to an infringement offence under regulation 20A or”
.
9 New Schedule inserted
After regulation 26, insert the Schedule set out in the Schedule of these regulations.
Schedule New Schedule inserted
Schedule Infringement fees
r 20A
| Regulation | General description of offence | Infringement fee ($) | ||
|---|---|---|---|---|
| 20A(1)(a)(i) | Breaches bylaw by taking or possessing more than the daily limit of a species but not more than 2 times that limit | 250 | ||
| 20A(1)(a)(ii) | Breaches bylaw by taking or possessing more than 2 times the daily limit of a species but not more than 3 times that limit | 500 | ||
| 20A(1)(b) | Breaches any other provision in a bylaw | 500 |
Rachel Hayward,
Clerk of the Executive Council.
Explanatory note
This note is not part of the regulations but is intended to indicate their general effect.
These regulations amend the Fisheries (Ngāti Tūwharetoa, Raukawa, and Te Arawa River Iwi) Regulations 2017 (the principal regulations), and come into force on 10 April 2025.
Regulation 7 inserts new regulations 20A and 20B into the principal regulations. New regulation 20A creates 3 new infringement offences for breaches of bylaws made under the principal regulations. The new infringement offences are as follows:
breaching a bylaw by taking or possessing more than the daily limit (but not more than 2 times that limit) of any species of fish, aquatic life, or seaweed. There is an infringement fee of $250 for this offence:
breaching a bylaw by taking or possessing more than 2 times the daily limit (but not more than 3 times that limit) of any species of fish, aquatic life, or seaweed. There is an infringement fee of $500 for this offence:
breaching any other provision of a bylaw. There is an infringement fee of $500 for this offence.
New regulation 20A also provides for the infringement forms set out in the Fisheries (Amateur Fishing) Regulations 2013 to be used for notices of infringement offences.
New regulation 20B provides that the new infringement offences do not apply if a person holds a customary authorisation for an activity described in regulation 6(2)(a) of the principal regulations to which regulation 18 of the principal regulations applies.
Regulation 9 inserts a new Schedule into the principal regulations. That schedule sets out the infringement fees for the new offences.
Regulation 22(2) of the principal regulations is amended to provide that the defences in that subclause apply to an infringement offence under new regulation 20A.
These regulations also amend the principal regulations to provide that the principal regulations prevail over any other secondary legislation made under the Fisheries Act 1996, and not just other regulations.
Regulatory impact statement
The Ministry for Primary Industries produced a regulatory impact statement on 25 May 2023 to help inform the decisions taken by the Government relating to the contents of this instrument.
A copy of this regulatory impact statement can be found at—
Date of notification in Gazette: 13 March 2025.
These regulations are administered by the Ministry for Primary Industries.
Versions
Fisheries (Ngāti Tūwharetoa, Raukawa, and Te Arawa River Iwi) Amendment Regulations 2025
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