There have always been rules in New Zealand for whitebaiting based on local tikanga and other Māori customary methods.
These rules continue to apply and operate alongside the Whitebait Fishing Regulations 2021. The Whitebait Fishing Regulations 2021 have never applied to Māori fishing rights. These fishing rights are guaranteed to tangata whenua under the Treaty of Waitangi/Te Tiriti o Waitangi. Freshwater Fisheries provisions of the Conservation Act do not affect Māori fishing rights.
About Māori fishing rights
These fishing rights:
- are founded on tikanga/custom, and may be provided for in treaty settlements
- vary between iwi, hapū and even whānau.
Find out more about customary fishing rights as carried out under Ngai Tūāhuriri tikanga.
Māori fishing rights and whitebaiting
Whitebaiting under Māori fishing rights:
- takes place across the country
- may differ in different parts of the country
- can include whitebait fishing occurring outside the whitebait season 1 September to 30 October
- may use whitebait fishing gear, nets, and setups that differ from the DOC regulated standards
- may consider factors such as seasonal variation, purpose of whitebaiting, potential for Rahui (temporary bans on all fishing) or the fisher’s ability to follow a tikanga-based approach.
Regulating and managing customary whitebaiting
The local rūnanga, iwi or hāpu manage customary whitebait fishing in their rohe/area.
A DOC ranger may approach and talk to people whitebaiting who appear to be fishing in breach of the Regulations (e.g., outside the regulated season). If the ranger finds no evidence the whitebaiters are fishing in accordance with a Māori fishing rights, they will:
- advise the whitebaiters they are in breach of Whitebait Fishing Regulations 2021
- record any explanation for the reasons for whitebaiting
- without satisfactory explanation, undertake further enquiries/information gathering
- work with the local rūnanga, iwi or hāpu to confirm if appropriate authority has been given.
Compliance action may follow.
Use of whitebait caught under Māori fishing rights
Catching whitebait to feed whānau/family or manuhiri/guests is part of Māori cultural heritage.
Taking and using whitebait for the purpose of hui/tangi is specifically provided for in the Whitebait Fishing Regulations 2021, regulation 23.
Generally, commercial whitebait harvest and sale are unlikely to take place under customary whitebait fishing.
Reporting illegal whitebaiting
For more information about reporting people in breach of Whitebait Fishing Regulations 2021, our contact us page.