Submission: ELI’s view on the Fisheries Amendment Bill

The Fisheries Amendment Bill 2026 presents significant changes to Aotearoa New Zealand’s fisheries management framework. The proposed changes would substantially expand ministerial and executive discretion, weaken precautionary and ecosystem‑based protections, and reduce opportunities for public scrutiny and legal challenge.

ELI is currently preparing a formal submission responding to these changes (submissions close April 29th). As soon as that submission is completed, it will be published here, with our full legal analysis and recommendations.

Key changes and what they mean:

1. The Minister can set rules as to what constitutes ‘reliable’ information for classifying stocks into high, medium, or low [section 13G of the legislation].

   This means: The Minister gets to control both the classification and the standard that applies. High-information stocks have robust data (e.g., hoki, rock lobster), enabling precise modeling. Medium/Low-information stocks lack comprehensive data, requiring more cautious, often proxy-based, management strategies. Whether a stock is classed as high, medium or low has important ramifications on what the Minister needs to consider when making total allowable catch and other decisions.

2. Only stocks classed as high or medium information can be subject to Total Allowable Catch (TAC) in-season flexibility [section 13E].

   This means: Stocks classed as ‘low information’ by the Minister lose in-season flexibility, even if stock status changes. So, if a low information stock were to experience a severe population change, the total allowable catch for that stock could not be varied.

3. The Minister can set TAC for multiple years. Once set, quotas roll over automatically without review. There is no requirement to revisit it each year [section 14D].

   This means: There is no requirement to re-visit a decision once made, even if the fish stock status changes drastically

4. Management procedures allow the Chief Executive of MPI to vary TAC and Total Allowable Commercial Catch (TACC) for up to 5 years without requiring a ministerial decision [section 14 L-T].

   This means: The Chief Executive is not an elected official. This removes important democratic oversight of catch limit adjustments.

5. Consultation on 'non regulatory measures' (e.g. a voluntary commercial closure) is now at the discretion of the Minister [section 14(i)(4)].

   This means: The Minister can decide not to consult. If a voluntary commercial closure is used by the Minister to justify a higher total allowable catch, then the public has no guaranteed right to be heard.

6. Limitations on Judicial Review in the law mean that the public can only challenge the lawfulness of a decision within a 20-day period [section 313A].

   This means: This law change prevents anyone from challenging a government fisheries decision 20 days or more after the decision. This greatly impedes access to justice given the heavy burden involved in gathering information, including from government departments for a case.

7. For stocks with insufficient data on stock status, the Minister has to set a TAC that is 'not inconsistent' with managing the stock above the biomass for Maximum Sustainable Yield [section 13D].

   This means: 'Not inconsistent’ is wording that weakens the obligation to ensure fish are being managed at a sustainable level. Under existing law, if there is insufficient information, the Minister must apply the precautionary principle in favour of the sustainability of the stock.

8. The changes strip back environmental principles, defined to largely exclude ecosystem level impacts and precautionary obligations [section 13, see ‘standard factors’].

   This means: Environmental considerations are no longer constraints upon setting a total allowable catch. The requirement to consider the impacts on the ecosystem from fishing will be significantly weakened. The precautionary principle is weakened in the law.

9. The changes introduce a blanket ban on obtaining commercial fisheries bycatch camera footage via the Official Information Act [section 227C].

   This means: This removes public scrutiny of deaths of marine mammals and other absolutely protected marine wildlife from commercial fishing. There is no way for the public to ensure the law is being complied with.