Frequently Asked Questions

Q. What is the discretion of the Chief Executive in deciding whether to establish a proposed 186B closure or restriction?
A. Implementation of a temporary closure or method restriction is totally at the discretion of the Chief Executive after consultation with interest groups, including commercial, recreational, local community and Tängata Whenua.

The Chief Executive will assess the proposal in terms of its size, the impact it will have on the general welfare of the community, the impact on recreational and commercial fishers and the impact on fisheries management in general.

Q. Once a proposal has been made for a temporary closure or method restriction, what is the expected timeframe before it can be gazetted?
A. There is no set process for assessing a 186B proposal and therefore no set timeframes. However, as an indication Tängata Whenua should expect the processing of a proposal, including public consultation, to take approximately 9 months – as with mätaitai.

Q. What are the costs for Tängata Whenua in establishing a temporary closure or method restriction?
A. The main costs of developing and implementing such a proposal is in the time that must be invested by members of the Tängata Whenua. Financial costs should be small.

Q. What are the penalties for committing an offence against this provision?
A. Liable for a fine of up to $100,000. However, if the offender(s) can prove the offence was for non-commercial purposes then a fine of up to $5000 could be imposed.

Q. Who will enforce this provision?
A. Fisheries compliance remains the role and function of MFish.