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Conservation Act 1987

Miscellaneous

48B: Special regulations relating to South Island freshwater fisheries

You could also call this:

"Rules to protect Māori fishing rights in South Island rivers and lakes"

The Governor-General can make rules about Māori fishing rights in South Island freshwater fisheries. You need to know these rules must follow the Treaty of Waitangi (Fisheries Claims) Settlement Act 1992 and the Conservation Act 1987. The rules also need to include input from Ngāi Tahu and other South Island iwi.

The rules can include things like allowing Māori to fish for food in certain areas. They can also set up a process to choose and confirm people to look after these areas. These people, called tāngata tiaki/kaitiaki, can decide who can fish in these areas.

The Minister of Conservation can help with these rules and make sure people follow them. If someone breaks the rules, they can get a fine of up to $10,000. You can find out more about how these rules are published by looking at the Legislation Act 2019.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM106905.

Topics:
Environment and resources > Farming and fishingMāori affairs > Treaty of Waitangi
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48A: Special regulations relating to freshwater fisheries, or

"Rules for fishing in New Zealand's freshwater areas"

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48C: Regulations relating to infringement offences, or

"Rules about penalties for breaking conservation laws"

Part 6Miscellaneous

48BSpecial regulations relating to South Island freshwater fisheries

  1. The Governor-General may from time to time, by Order in Council, make regulations providing for customary Māori fishing rights with respect to freshwater fisheries within South Island fisheries waters.

  2. The regulations must be consistent with the provisions of the Treaty of Waitangi (Fisheries Claims) Settlement Act 1992 and this Act, and provide for input by Ngāi Tahu and other South Island iwi into the integrated management (including control) by the Minister of Conservation of the freshwater fisheries to which the regulations apply.

  3. Without limiting the generality of subsections (1) and (2), the regulations may—

  4. provide for freshwater fishing for the purposes of customary food gathering by Māori, and for access to the places where such customary food gathering may be undertaken:
    1. provide for a process including public notification and dispute resolution to identify and confirm the appointment, and the cancellation or revocation of such appointment, of any tāngata tiaki/kaitiaki of the tāngata whenua for the purpose of identifying and managing any food gathering area:
      1. empower any tāngata tiaki/kaitiaki of the tāngata whenua to authorise the taking of freshwater fish for customary food gathering from within any food gathering area for which the tāngata tiaki/kaitiaki has been appointed:
        1. provide for tāngata tiaki/kaitiaki to manage customary food gathering of freshwater fish administered under this Act:
          1. provide for such matters as may be necessary or desirable to achieve the proper administration of the regulations, including the recording of authorisations, provision of reports, and meetings by tāngata whenua:
            1. provide for the Minister of Conservation to intervene and to provide information and assistance in order to promote the objectives of the regulations:
              1. provide for such matters as may be necessary or desirable to achieve compliance with the regulations:
                1. prescribe offences for the breach of the regulations and for the imposition of fines not exceeding $10,000, including the imposition of different fines in respect of a first offence, a second offence, and subsequent offences.

                  1. Regulations under this section are secondary legislation (see Part 3 of the Legislation Act 2019 for publication requirements).

                  Notes
                  • Section 48B: inserted, on , by section 305(2) of the Ngāi Tahu Claims Settlement Act 1998 (1998 No 97).
                  • Section 48B(4): inserted, on , by section 3 of the Secondary Legislation Act 2021 (2021 No 7).