A study of the history, method and practice of marine fisheries legislation in New Zealand

The utilisation of New Zealand's marine fisheries presently has its legal basis in the Fisheries Act 1908 and the Regulations made there under. The report examines the legislation to ascertain what, if any, inadequacies exist in this legal basis. This examination involves a study of three aspects of the legislation, namely, its history, method and practice. The history of marine fisheries legislation is traced from 1866 to 1980 giving an insight into the evolution of the legislation and the reasons for this evolution. The method of the legislation, that is, the fisheries management objectives and controls contained in the legislation, are examined in terms of their economic, ecological and social validity and their enforceability. This examination points to the need for expression of comprehensive objectives in the legislation to provide a rational basis for management controls. The need for research to support all such controls is also made apparent. An analysis of the practice of the legislation is undertaken describing the prosecution process and, in particular, the use of discretion by Fishery Officers in the enforcement of the legislation. This analysis indicates the need for a coherent administrative approach to the implementation of the legislation which reinforces the role of Fishery Officers as protectors of the marine fisheries resource. Particular legal problems associated with the legislation are examined and options for reform are suggested.