Tougher, Fairer Penalties for Fisheries Offences Take Effect April 10

“Until now, prosecution was often the only course of action available for many fisheries offences, regardless of how minor they were,” Minister Jones said.

The New Zealand Government is set to introduce sweeping changes to the country’s fisheries regulatory framework from April 10, aimed at improving compliance, easing pressure on the courts, and ensuring penalties better reflect the seriousness of offences.

Oceans and Fisheries Minister Shane Jones announced that the reforms include a broader range of infringement offences and fines that give authorities greater flexibility in dealing with both recreational and commercial fishing violations.

A More Proportionate Approach to Fisheries Offending

“Until now, prosecution was often the only course of action available for many fisheries offences, regardless of how minor they were,” Minister Jones said. “That approach has been costly, time-consuming, and in many cases disproportionate to the offence committed.”

Under the new framework, Fishery Officers will be empowered to issue on-the-spot infringement notices for a range of lower-level offences, with fines ranging from $200 to $500. This change is expected to significantly reduce the burden on the legal system while maintaining strong incentives for compliance.

“These infringement offences allow us to respond swiftly and fairly, ensuring the punishment fits the crime,” said Jones. “But let me be clear: for serious or repeat offending, prosecution will still be firmly on the table.”

New Infringement Categories and Penalties

The regulatory changes introduce a structured fee system for different types of offences:

• Recordkeeping Failures: A $400 fee will apply for breaches under the Fisheries (Recordkeeping) Regulations 1990.

• Failure to Respond to Notifications: A $200 fine for not addressing requests from Fisheries New Zealand for data verification under the Fisheries (Reporting) Regulations 2017.

• Seabird Mitigation Non-Compliance: Two tiers of penalties — $500 for failing to use seabird mitigation tools, and $250 for technical specification breaches.

• Customary Fishing Bylaw Breaches: New infringement offences apply for violating bylaws under customary fishing rules.

  • A $250 fine will apply to individuals who take or possess up to twice the daily limit of a regulated species.

  • A $500 fine will apply for more serious bylaw breaches.

These infringement systems will support a more efficient enforcement regime, helping ensure that low-level offences are dealt with quickly and appropriately, while enabling the Ministry to allocate more resources toward addressing major violations.

Major Offences Still Carry Heavy Penalties

While the infringement system addresses minor breaches, more serious offences remain subject to prosecution and substantial fines. Notably:

• Non-Compliance with Fish Receiver’s Licence Conditions: Now carries a fine of up to $20,000.

• Administrative Failures in the Otago Lobster Fishery: Under the Fisheries (South-East Area Commercial Fishing) Regulations 1986, failing to comply with rock lobster tagging and labelling requirements will also attract fines up to $20,000.

These measures target commercial operations that undermine traceability and sustainability in high-value fisheries.

Sustainable Innovation in Commercial Fishing Practices

In addition to the changes in enforcement, the Government is introducing new rules to modernize and future-proof commercial fishing practices. Two key updates include:

• Legalization of Commercial Spearfishing: Commercial fishers will now be allowed to use spearfishing methods in most coastal waters around the South Island and lower North Island. “Spearfishing is a highly selective method that helps reduce bycatch and protect marine habitats,” Jones noted.

• Use of Underwater Breathing Apparatus (UBA) for Scallop Harvesting: Although most scallop fisheries remain closed, new rules will permit the use of UBA for commercial scallop-gathering in the event of future reopenings. “This change anticipates a time when scallop stocks may recover. It’s about building sustainability into the rules now, rather than waiting,” said Jones.

Reinforcing New Zealand’s Global Seafood Reputation

Jones emphasized that these updates not only improve the enforcement toolkit but also strengthen New Zealand’s reputation for sustainable, high-quality seafood. “Consumers both here and abroad value our marine products because of the integrity and transparency of our fisheries system. These changes reinforce that commitment.”

Summary of Key Changes (Effective April 10, 2025)

Offence Category	Penalty
Recordkeeping breaches	$400
Failure to respond to information requests	$200
Failure to use seabird mitigation	$500
Breach of seabird tech specs	$250
Customary bylaw breach (up to 2x daily limit)	$250
Customary bylaw breach (other)	$500
Failure to meet fish receiver licence conditions	Up to $20,000
Failure to tag/label lobster (Otago)	Up to $20,000

The combination of increased flexibility, modernized tools, and strengthened deterrents underscores a new era for fisheries management in New Zealand — one that aims to balance sustainability, efficiency, and accountability across all levels of fishing activity.