Reeling In Reform: The proposals under the Fisheries Amendment Bill
Reeling In Reform: The proposals under the Fisheries Amendment Bill
Thursday 23 April, 2026
Criteria for setting catch limits, restrictions on the use of camera footage, and a ticking clock on legal challenges – the Fisheries Amendment Bill (the “Bill”) proposes sweeping changes to New Zealand's fishing rules under the Fisheries Act 1996.
The Bill, introduced on 18 March by the Honourable Shane Jones, Minister for Oceans and Fisheries, aims to deliver on the Government’s coalition agreement by improving the responsiveness, certainty and efficiency of the fisheries management system.
Given that this is said to be the largest suite of changes to this sector since the introduction of the quota system in 1986,[1] the amendments proposed by the Bill are vast. This article focuses on five of the most significant changes to the status quo. The full suite of changes proposed by the Bill can be found here: Fisheries Amendment Bill | New Zealand Legislation.
For businesses and individuals operating in the fishing industry, understanding these changes will be critical to compliance and forward planning.
Why reform now?
New Zealand's current fisheries management framework has long been criticised for being too rigid and slow to respond to changes in stock levels and available data. The existing single-tier approach to setting catch limits does not distinguish between stocks for which reliable scientific data is available and those for which it is not. Judicial review challenges to catch-limit decisions have also created uncertainty for the industry. The Bill seeks to address these issues directly.
Tiered information framework for setting catch limits
One of the most significant reforms in the Bill is the repeal of section 13 of the Fisheries Act. This section currently sets a single standard for setting the total allowable catch (“TAC”) for each quota management stock (“QMS”). The Bill proposes to replace this with a tiered framework, to align the setting of the TAC with the quality and reliability of information available for each stock.[2] For high-information stocks, the TAC must be consistent with achieving the maximum sustainable yield ("MSY"):
| Tier | Information Available | TAC |
|---|---|---|
| High-information stock[3] | Best available information about a QMS is sufficient to reliably estimate the status of stock relative to a level that can produce the MSY[4] | Stock at / above level that can produce the MSY:[5] Minister must set a TAC that maintains the stock at its current level or enables the level of stock to move (in a way and at a rate the Minister considers appropriate) towards a level that is higher than its current level or lower than its current level, but at or above a level that can produce the MSY. Stock below level that can produce the MSY:[6] Minister must set a TAC for the stock that enables the stock to be restored to, or above, a level that can produce the MSY within a period that is appropriate to the stock and in a way, and at a rate, that the Minister considers appropriate. |
| Medium-information stock[7] | Best available information about a QMS is not at the high-information level, but is sufficient to reliably estimate the trends in abundance of the stock over time[8] | Minister must set a TAC for the QMS that is consistent with the objective of managing the stock at, or above, a level that can produce the MSY[9] |
| Low-information stock[10] | Best available information about a QMS is at neither the high-information or medium-information level[11] | Minister must set a TAC for the QMS that is not inconsistent with the objective of managing the stock at, or above, a level that can produce the MSY[12] |
Total Allowable Catch Proposals
Two complementary mechanisms are proposed to be introduced to expand on the annual TAC setting process in the Fisheries Act currently.[13]
Multi-year catch decisions
A new section is proposed to be introduced into the Fisheries Act to extend the period for which a TAC for a QMS stock must be set.[14] Under the Bill, the Minister may set a TAC for one fishing year or for up to five consecutive fishing years.[15] The total allowable commercial catch (“TACC”) must cover the same period.[16]
Where a multi-year TAC is set, the Minister may set a different TAC for each year.[17] The Minister may also revoke a multi-year TAC before a given year begins if new information suggests the TAC would no longer be appropriate.[18]
Management procedures
The Bill proposes to enable the Minister to set out management procedures for a QMS.[19] These procedures may apply for up to 5 fishing years. Each procedure must contain stock objectives and operating rules aligned with those objectives.[20] These operating rules prescribe when and how the chief executive of MPI must vary the TAC and TACC – a significant delegation of authority.[21] Notably, a management procedure cannot be used where the Minister has already set a multi-year TAC.[22]
Additional requirements are also proposed for management procedures for high-information stocks.[23]
Protecting camera footage
The Bill proposes to introduce into the Fisheries Act new provisions which deal with the confidentiality of video recordings or still images recorded by equipment required to be installed on a vessel.[24] The amendments are aimed at providing certainty on the storage and use of on-board footage by the chief executive. New rules will specify when footage can be shared outside of the Ministry for Primary Industries and what considerations must be satisfied before doing so.[25] One notable amendment is the explicit exclusion of the application of the Official Information Act 1982 to camera recordings.[26] To maintain public transparency, requests for written summaries of fisheries activities captured on camera recordings may still be made.[27]
Discards and returns
In order to give commercial fishers more flexibility, the Bill proposes to amend section 72 of the Fisheries Act to create two new circumstances in which commercial fishers are permitted to return or abandon fish or other animals that are aquatic life.[28]
These exemptions relate to:
- abandoning fish or other animals in accordance with an instrument (made under section 72A) that permits abandonment by fishing gear or other technology which releases the fish or other animals prior to their removal from the water;[29] and
- return or abandonment while being monitored by an observer or electronic monitoring equipment, in circumstances where other specified conditions or requirements are met, including those specified by the Minister.[30] Failure to comply with conditions or requirements imposed for the purposes of the exemption will be a strict liability offence.[31]
Unlike most of the provisions in the Bill, the return and abandonment provisions are proposed to come into force on 1 November 2026 as opposed to the day after Royal assent.[32]
Revised judicial review window
Following the string of recent judicial review decisions on catch limits, the Bill proposes to introduce greater certainty around the timeframes for challenging key fisheries management decisions. Under the new section proposed,[33] anyone wishing to challenge the exercise of a statutory power of decision under the Fisheries Act must now do so within 20 working days of the decision being notified.
Next steps
The Bill had its first reading on 31 March 2026. It is now before Parliament’s Primary Production Committee. Submissions close on 29 April and the Committee's report to Parliament is due by 6 August 2026.
While the Committee’s report will provide insight into the final shape of the Bill, we have already seen the Government publicly back down from pursuing one of the proposed amendments. In its current form, the Bill proposes to remove the specified minimum length for 10 stocks or species of finfish including snapper and tarakihi. This particular amendment has faced backlash from recreational fishers in terms of the impact it would have on juvenile fish stocks. All three coalition parties have since confirmed that this contentious clause will be removed from the Bill via subsequent select committee processes.[34]
The Bill is likely to attract further public debate as it progresses through the Select Committee process. We will keep a watching brief on developments. If you have any questions about how these changes may affect your business, please get in touch with our team.
- Hansard - New Zealand Parliament - Tuesday, 31 March 2026.
- Clause 10.
- Clause 10 – proposed new section 13B.
- Clause 10 – proposed new section 13B(1).
- Clause 10 – proposed new section 13B(2).
- Clause 10 – proposed new section 13B(4).
- Clause 10 – proposed new section 13C.
- Clause 10 – proposed new section 13C(1).
- Clause 10 – proposed new section 13C(2).
- Clause 10 – proposed new section 13D.
- Clause 10 – proposed new section 13D(1).
- Clause 10 – proposed new section 13D(2).
- Clause 16 – proposed new sections 14D to 14T.
- Clause 16 – proposed new section 14D.
- Clause 16 – proposed new section 14D.
- Clause 22 – proposed new section 21A.
- Clause 16 – proposed new section 14F(2)(a).
- Clause 16 – proposed new section 14H.
- Clause 16 – proposed new section 14L.
- Clause 16 – proposed new section 14M(1).
- Clause 16 – proposed new section 14L(2)(c).
- Clause 16 – Proposed new section 14L(1)(b).
- Clause 16 – proposed new section 14N.
- Clause 57 – proposed new sections 227B – 227H.
- Clause 57 – proposed new section 227D.
- Clause 57 – proposed new section 227H.
- Explanatory note at page 3; clause 57 – new section 227D(3)(a).
- Clause 29.
- Clause 29(2).
- Clause 29(3).
- Clause 29(4).
- Clause 2(3).
- Clause 65 – proposed new section 313A.
- Government squabbles over who forced fishing backdown | Stuff.
