Key Points:
- Customary catch data is withheld from the public.
- Though reporting is legally required, Fisheries NZ (FNZ) says it cannot release this information.
- FNZ will not verify whether mandatory reporting is occurring, whether national totals are complete, or whether the data used in management decisions is accurate.
- This leaves a gap in fisheries management.
- All other sectors’ catch data is public—customary catch is the only exception.
When customary fishing-only areas were first introduced, they were generally accepted by the public because they were small, and typically located near marae. But this has changed. In recent years, much larger areas have been designated as marine protection areas that ban fishing by others while still allowing iwi-controlled customary fishing—such as the new high-protection areas in the Hauraki Gulf and Northland.
If these provisions are any indication, we can expect these exclusive designations to expand substantially as New Zealand works toward its target of protecting 30% of the marine environment by 2030.
New Zealanders are being asked to support far-reaching changes to marine management—yet one essential piece of information about the state of our fisheries remains hidden: how much fish is taken under customary authorisations.
What the Law Requires
Under the Fisheries (Kaimoana Customary Fishing) Regulations 1998 and the South Island Customary Fishing Regulations 1999, tangata kaitiaki (permit issuer) must report all customary authorisations and all fish taken under them. These reports are intended to inform sustainability settings, monitor harvest activity, and guide fisheries decision-making.
Clause 15 requires that:
- All authorised customary catch—fish, aquatic life, and seaweed—must be reported.
- Reports must be submitted in specified formats and timeframes.
In theory, this should allow the Ministry for Primary Industries to provide:
- The national total customary take for any given year.
- The number of returns received.
- Whether reporting obligations are being met.
Yet when asked for the most basic information—the total customary catch for 2024—Fisheries New Zealand (FNZ) refused to provide it.
The Ministry says that it cannot release the data
The key reasons, each of which raises serious concerns about transparency and accountability:
1. Customary catch data is treated as confidential “taonga”
FNZ says all customary catch information, including national aggregates, is supplied under an expectation of confidence. According to agreements with Māori representatives, the data belongs to iwi and hapū and is considered taonga, linked to rangatiratanga and Māori data sovereignty.
2. FNZ uses “risk of less reporting” to justify withholding data
The Ministry argues that publishing even anonymised national totals might “undermine trust” and lead to less reporting from iwi.
This situation creates the impression that iwi face little accountability in reporting customary catch. With the Government effectively taking a hands-off approach to monitoring, the public has no way to know what impact it is having on the marine environment or whether the system is being abused—unless a case happens to make headlines, as happened recently in stories reported by the media: Court rules Whangārei man, Jonathan Moon, misused customary fishing rights, imposes three-year ban, and 'Customary catch' crayfish flogged off.
Withholding customary catch figures from the public raises fundamental questions about transparency, fairness, and the credibility of marine protection policies.
Key concerns include:
- Lack of transparency: Customary catch totals are withheld from public scrutiny.
- No independent verification: FNZ cannot confirm whether reporting obligations are met.
- Unmeasurable impact: Without data, the effect of customary take on depleted stocks or protected areas cannot be accurately assessed.
- Unequal accountability: Commercial, recreational, and charter catch data are publicly available. Customary catch is the only category shielded from scrutiny.
We urge you to support transparency initiatives that help restore trust in environmental decision-making and uphold the principle of one law for all.
- Contact your local MP and ask why customary catch totals—required by law to be reported—are being withheld from the public.
- Write to the Minister for Oceans and Fisheries, Shane Jones, urging him to ensure that all reporting obligations are monitored and verified, and that fisheries management applies equally and transparently to all New Zealanders. Email: [email protected]
- Share this issue with your networks—family, friends, colleagues, boating and fishing clubs—so more people understand that marine protection cannot succeed without open data and equal rules.