Fisheries Amendment Bill 2022
DECISION: PASSED
Introduction
After a decade of debate we are finally getting closer to having cameras aboard commercial fishing vessels. In November 2021 the Government released the Fisheries Amendment Bill that sought to make the necessary legislative changes to enable the rollout of cameras. What we didn’t realise until much later was that there were provisions in the Amendment Bill that had nothing to do with fitting cameras and everything to do with squeezing public fishing into a broken Quota Management System. Not acceptable.
The New Zealand Sport Fishing worked with LegaSea, the New Zealand Angling & Casting Association and New Zealand Underwater Association to develop a comprehensive response to the Amendment Bill. The joint submission was sent to the Primary Production Committee on 17 June 2022. The joint parties asked the Committee for a hearing when they were debating the Bill later in the year. Hearings were held in July.
Outcome
The Select Committee reported back to Parliament on 20 September, recommending the Bill be passed into law, with some suggested changes. The second reading of the Bill started in Parliament on 27 September and concluded on the 28th.
Later on the 28th the Minister of Oceans and Fisheries, David Parker, introduced a series of Supplementary Order Papers (SOPs) to the House. SOP 257 was to delete all references to pre-set decision rules in the Bill. This generated a lot of debate in the House, with both National and ACT parties objecting to the Minister’s last minute change to the Bill. Labour and the Green Party were supportive of the SOP, to remove any references to pre-set decision rules in the new legislation. Parliament then went into recess for the school holidays.
The third reading of the Bill started on 18 October and concluded a week later, on 25 October. The Fisheries Amendment Bill was passed on 25 October and Royal Assent for the Bill was granted on 31 October. The Fisheries Amendment Act 2022 took effect from 1 November 2022.
The Act empowers the Minister to continue with the installation of monitoring cameras aboard commercial fishing vessels and enables Fisheries New Zealand (FNZ) to develop and implement new rules and penalties applying to what catch must be brought to shore and what catch can be discarded at sea. All commercial catch, whether it is a quota species or not, must now be reported to FNZ.
Submission
In our June submission we explained the reasons why we objected to parts of the proposed Bill and what effect those would have on our fishing future.
We also asked the Primary Production Committee to reject the current Bill because it undermines the sustainability provisions in the current Fisheries Act. Our fish stocks need more protection from over-exploitation, not less.
We explained why they needed to proceed with the changes to facilitate cameras on boats, and why it was important that the Amendment Bill is split into two separate Bills; Firstly for the cameras and the second Bill to address the proposed pre-set decision rules and proportional allocation model that would apply to future decision making processes. It is vital that we, the public, continue to have a say in fisheries management decisions.
In our view, the Committee needs to understand the quid pro quo nature of this process, where commercial interests will only accept onboard cameras in exchange for a convenient mechanism that gives quota holders what they have coveted for decades – a share of our fish, while reducing us to a fixed quota.
Please take the time to read our submission and support the work we continue to do on behalf of non-commercial fishing interests in Aotearoa.
Background
The Fisheries Amendment Bill is the outcome from 7 years of system review processes. Over these years the NZ Sport Fishing Council, LegaSea, the NZ Angling & Casting Association and NZ Underwater Association have continued to work with a variety of iwi, hapū, organisations, environmental and fishing interests to ensure abundant fisheries and a fair go for future generations.
A record of the Fisheries Amendment Bill process is below. This will be added to over time as new information becomes available. Previous processes are captured at these links:
Fisheries Change Programme 2019
Future of our Fisheries review 2016
Relevant information
Bill and Supplementary Order Paper 257
2022
Latest developments
Passage of the Fisheries Amendment Bill. NZSFC. Dec 2022
Summary of the process to pass the Fisheries Amendment Bill and the NZSFC’s role in thwarting attempts by officials to introduce pre-set decision rules. New Zealand Sport Fishing Council. December 2022.
Fisheries Amendment Bill campaign report. LegaSea. Dec 2022
Report on the campaign to raise public awareness of the Fisheries Amendment Bill. LegaSea. December 2022.
Article. Minister ensures more fish in the water. LegaSea. 1 Nov 2022
LegaSea and the New Zealand Sport Fishing Council acknowledge Minister Parker’s decision to drop pre-set decision rules because retaining them would heighten distrust in decision making and fisheries management. 1 November 2022.
Royal Assent for Fisheries Amendment Bill. 31 Oct 2022
The Governor General granted the Fisheries Amendment Bill Royal Assent on 31 October 2022. This is the Parliamentary explanation of Royal Assent, what it is, its purpose and what it means for any legislation.
Media coverage
Article. Bill retains environmental protections. LegaSea. 25 Oct 2022
Bill passing is welcome news to Kiwi fishers and environmental groups who are committed to more fish in the water. Media release. LegaSea. 25 October 2022.
Article. Bill modernises fisheries management. Minister. 25 Oct 2022
Minister David Parker celebrates the passing of the Fisheries Amendment Bill to strengthen and modernise fisheries management in Aotearoa. 25 October 2022.
Article. Keeping a check on commercial fishing. Green Party. 25 Oct 2022
Political pressure from the Green Party, environmental NGOs and recreational fishers has forced changes to the Fisheries Amendment Bill. Still need more protections for preventing the bycatch of seabirds, seals, dolphins and other vulnerable species. Green Party. 25 October 2022.
David Parker on pre-set decision rules. Radio NZ. 30 Sep 2022
Minister of Oceans and Fisheries David Parker discussing the reasons why he dropped the pre-set decision rules from the Fisheries Amendment Bill. Radio NZ. 30 Sep 2022.
Article. Changes to Bill is a win for the environment. LegaSea. 29 Sep 2022
LegaSea article celebrating the Government’s decision to drop controversial changes to the Fisheries Amendment Bill. 29 September 2022.
Article. Fisheries decision blindsides industry. NZ Rock Lobster. 29 Sep 2022
Rock lobster industry Chief Executive Mark Edwards is surprised by the SOP 257 removing pre-set decision rules from the Amendment Bill. Edwards was the Ministry of Fisheries’ Manager of Fisheries Policy prior to his CEO role with NZ RLIC. 29 September 2022.
Article. Law change riles recreational fishers. Waatea news. 23 Sep 2022
News article following an interview with Scott Macindoe discussing the impacts of the Fisheries Amendment Bill. Waatea News. 23 September 2022.
Article. Fisheries Bill should be separated. Sam Woolford. 9 Sep 2022
Controversial components of the Fisheries Amendment Bill ought to be considered separately. Opinion piece. Sam Woolford, LegaSea lead. 9 September 2022.
Article. Fisheries Bill sailed off course. Business Desk. 13 July 2022
Article. Fisheries Bill sailed off course on streamlining proposal. Business Desk. 13 July 2022.
Article. Don't trust MPI with new powers. Business Desk. 11 July 2022
Business Desk article. Don’t trust MPI with new powers in Fisheries Amendment Bill. 11 July 2022.
Article. Massive implications hidden in Amendment Bill. LegaSea. 14 June 2022
Media release highlighting the hidden aspects of the Fisheries Amendment Bill currently under consideration by the Primary Production Select Committee. LegaSea. 14 June 2022.
Video footage
Video. Third Reading speeches on Amendment Bill. 18-25 Oct 2022
Individual MPs speaking in support of the Fisheries Amendment Bill, or in opposition to the last minute changes to the Bill. Speeches range from 2 to 15 minutes, 13 videos recorded over 3 days, 18 & 19, and 25 October 2022.
Video. Todd Muller objecting to Parker's SOP 257. 28 Sep 2022
Todd Muller, National, objecting to the Supplementary Order Paper 257 to delete pre-set decision rules from the Fisheries Amendment Bill. Objection was voted down by the House. 28 September 2022.
Video. Mark Cameron. Objection to SOP 257. 28 Sep 2022
Mark Cameron, ACT party, supporting the motion by National asking the House to not consider the Supplementary Order Paper 257 deleting pre-set decision rules from the Fisheries Amendment Bill. The motion by National was voted down by the House. 28 September 2022.
Video. Eugenie Sage. Supporting Parker's SOP 257. 28 Sep 2022
Eugenie Sage, Green Party Aoteoroa. Supports the Supplementary Order Paper 257 to remove pre-set decision rules from the Fisheries Amendment Bill. Confirms that many submitters to the Select Committee expressed concerns about the rules. 28 September 2022.
Amendment Bill videos. Committee stage debate. Parliament. 28 Sep 2022
Parliamentary debate and individual videos of speakers supporting and opposing the Fisheries Amendment Bill Supplementary Order Paper 257. Parliament. 28 September 2022.
Bill and Supplementary Order Paper 257
Parliamentary process of Fisheries Amendment Bill. Sep 2022
Fisheries Amendment Bill introduced to Parliament on 13 April 2022. First reading of the Bill in Parliament 5 May then sent to the Primary Production Committee for consideration. Reported to Parliament 20 September 2022. Process calendar.
Select Committee report and deletions. 28 Sep 2022
Fisheries Amendment Bill as reported by the Primary Production Select Committee, includes (marked) pre-set decision rule deletions related to Supplementary Order Paper No 257. 28 September 2022.
Amendment Bill. Supplementary Order Paper No 257. 28 Sep 2022
Supplementary Order Paper (SOP) No 257. Proposed amendments to Fisheries Amendment Bill from Hon. David Parker. Debated in Parliament 28 September 2022.
Transcript of Bill debate in Parliament. 28 Sep 2022
Parliamentary debate about the Fisheries Amendment Bill and the Supplementary Order Paper 257 from Minister David Parker. 28 September 2022.
Amendment Bill. Versions and Papers (SOPs) Sept 2022
Link to NZ Legislation website. Two versions of Fisheries Amendment Bill, dated 13 April and 20 September 2022. 8 Supplementary Order Papers (SOPs), dated 27 & 28 September 2022.
Amendment Bill regulation review. FNZ. 26 July 2022
Update on Fisheries Amendment Bill process, proposed infringement system for landing and discards, and for disposal of fish by commercial operators. Feedback requested prior to formal consultation in late 2022. Fisheries New Zealand. 26 July 2022.
Fisheries Amendment Bill. NZ Government. 26 Nov 2021
Explanatory note and details of the proposed amendments to the Fisheries Act 1996 and Fisheries (Amateur Fishing) Regulations 2013. Government Bill sent to the Primary Production Committee for consideration and public hearings. Released to the public on 26 November 2021.
Hearings
Select Committee hearing 2nd session. Amendment Bill submitters. 1 July 2022
Primary Production Committee hearing evidence from submitters to the Fisheries Amendment Bill. Afternoon hearing on 1 July 2022.
Select Committee hearing. Amendment Bill submitters. 1 July 2022
Primary Production Committee hearing evidence from submitters to the Fisheries Amendment Bill. Hearing on 1 July 2022, morning session.
Select Committee hearing. Amendment Bill submitters. 30 June 2022
Primary Production Committee hearing evidence from a range of submitters in response to the Fisheries Amendment Bill. Video of livestream Committee session on 30 July 2022.
Submissions
Fisheries Amendment Bill. Joint recreational submission. 17 June 2022
Submission to the Primary Production Committee urging them to support separating the Amendment Bill into two parts: 1. progress the provisions that relate to onboard cameras; 2. set aside aspects related to pre-set decision rules and changes to amateur fishing regulations. Joint submission by NZSFC, NZ Angling & Casting Assoc and NZ Underwater Assoc. 17 June 2022.
Fisheries Amendment Bill. Submission. Fisheries Inshore NZ. June 2022
Submission advocating that the volume of fish illegally dumped at sea is much lower than what people are led to believe. Also, that improving selectivity in inshore mixed trawl fisheries is difficult. Fisheries Inshore New Zealand. June 2022.
Fisheries Amendment Bill. Te Ohu Kaimoana. June 2022
Submission seeking clarity on how the Amendment Bill will address threats to the marine environment, including the impacts of recreational fishing on inshore fish stocks. Concerned the Bill only targets commercial fishing. Te Ohu Kaimoana. June 2022.
Fisheries Amendment Bill. Submission. Rock lobster industry. 17 June 2022
Commercial industry submission to the Primary Production Committee raising concerns that the Bill provides the Minister with too much discretion under the proposed pre-set decision rules. The rules need to cover allocation of fish to all sectors. Joint submission. NZ Rock Lobster Industry Council and Pāua Industry Council. 17 June 2022.
Fisheries Amendment Bill. Supplementary submission. Joint industry. 7 July 2022
Supplementary submission to the Primary Production Committee discussing pre-set decision rules, using rock lobster management as an example of how the TAC may be adjusted. Joint commercial interests – NZ Rock Lobster Industry Council and Pāua Industry Council. 7 July 2022.
All Amendment Bill submissions
Link to the Parliament website record of all submissions made by the public to the Primary Production Select Committee in response to the Fisheries Amendment Bill. This record includes 5500 submissions made via the LegaSea website.
Bill progress
Parliamentary Library summary of Amendment Bill. 2 May 2022
Parliamentary Library summary of the Fisheries Amendment Bill. Independent summary produced to support Parliamentary debate. Contains lots of useful links. 2 May 2022.
Parliamentary process of Fisheries Amendment Bill. April 2022
Fisheries Amendment Bill introduced to Parliament on 13 April 2022. First reading of the Bill in Parliament 5 May then sent to the Primary Production Committee for consideration. Submissions due 17 June. Report to Parliament due 12 September 2022.
Departmental Disclosure Statement. MPI. 6 Apr 2022
MPI summary of the information available to support Parliamentary consideration of the Fisheries Amendment Bill. Compiled by the Ministry for Primary Industries. 6 April 2022.
Bill of Rights compliance legal opinion. Justice Ministry. 24 Mar 2022
Ministry of Justice confirms the Fisheries Amendment Bill is consistent with the Bill of Rights Act 1990. They incorrectly advise that NZ’s commercial, recreational and customary fishers are managed under the QMS. Ministry of Justice. 24 March 2022.
Answers to post-hearing PPC questions. Minister. 17 March 2022
Ministerial answers to post hearing questions from Primary Production Committee. Camera rollout page 6, Hauraki Gulf protections p7, reducing bottom trawling p9. Minister David Parker. 17 March 2022.
Summary of proposed technical changes to legislation. FNZ.
Fisheries NZ data sheet and Frequently Asked Questions relating to the technical changes proposed in the Fisheries Amendment Bill.
FAB. Fisheries Amendment Bill. FNZ webpage
Fisheries New Zealand web information outlining the Fisheries Amendment Bill and what they want to achieve with the changes. Bill introduced to Parliament on 13 April 2022.
2021
Bill progress
Fisheries Amendment Bill. Government Bill. 26 Nov 2021
Explanatory note and details of the proposed amendments to the Fisheries Act 1996 and Fisheries (Amateur Fishing) Regulations 2013. Government Bill sent to the Primary Production Committee for consideration and public hearings. Released to the public on 26 November 2021.
Regulatory Impact Statement. FNZ. Oct 2021
Regulatory Impact Statement seeking agreement from government on policy proposals to amend the Fisheries Act 1996. By MPI and Minister for Oceans and Fisheries, David Parker. October 2021.
Answers to PPC fisheries questions. Minister. 27 July 2021
Post hearing answers from the Minister of Oceans and Fisheries to the Primary Production Committee. Covers outstanding 28N rights, scallop fisheries, and sharing of camera roll-out costs between the Crown and the commercial fishing industry.
FNZ briefing to Primary Production Committee. 24 June 2021
Hansard transcript of Fisheries NZ briefing to Primary Production Committee including comments from Dan Bolger, Deputy Director-General, Fisheries NZ. 24 June 2021.
Written brief to Primary Production Committee. FNZ. 22 June 2021
Written briefing paper to the Primary Production Committee prior to meeting on 24 June. Fisheries NZ. 22 June 2021.
Future of our Fisheries process and closure. 18 June 2021
Minister David Parker announces his decisions resulting from the Future of our Fisheries (FOOF) process and what next. MPI website info and FOOF submissions. 18 June 2021
Budget briefing to Primary Production Committee. Auditor-General. 10 June 2021
Auditor-General’s briefing to the Primary Production Committee. Fisheries budget for 2021/22 is $132 million. Up 1.7% or 2.2M from 2020/21. Notes only 19 vessels have onboard cameras. No camera funding in latest budget. 10 June 2021.
Report. The future of commercial fishing in NZ. Chief Science Advisor. 11 Mar 2021
Report by the Office of the Prime Minister’s Chief Science Advisor – The future of commercial fishing in Aotearoa New Zealand. 11 March 2021