7 March 2022
Michael Brown
[FYI request #18449 email]
Tēnā koe Michael
Request for Information – Local Government Official Information and Meetings Act
(LGOIMA) 1987
We refer to your official information request dated 4 February 2022, in which you have asked
for information about whitebaiting in Waiwhetū Stream.
Under New Zealand law, whitebaiting is able to occur in all rivers and streams in the North
Island (including the Waiwhetū Stream), subject to the
Whitebait Fishing Regulations 2021. These regulations set out requirements related to fishing areas, fishing gear, the fishing
season and spacing streams. The 2022 fishing season is 1 September to 30 October
inclusive.
The Department of Conservation (DoC) is responsible for managing the whitebait fishery in
accordance with the Whitebait Fishing Regulations 2021. From time to time, the police and
Ministry of Primary Industries’ fisheries officers support DoC with its enforcement activities.
DoC has good information about whitebaiting on its website, and I particularly refer you to the
following two documents:
Summary of whitebait fishing regulations: Fishing (doc.govt.nz)
The whitebaiter's guide to whitebaiting (doc.govt.nz)
You have enquired about the Hutt City Council’s Parks and Reserves Bylaw 2017 in relation
to whitebaiting in Waiwhetū Stream. This bylaw is unable to be used to prevent whitebaiting
in the stream because council bylaws are generally subservient to national legislation, so our
Parks and Reserves Bylaw would be over-ridden by the Whitebait Fishing Regulations 2021.
Secondly, the Waiwhetū Stream bed and channel is maintained and administered by the
Greater Wellington Regional Council (GRWC), not the Hutt City Council, and the definition of
‘reserve’ provided in the bylaw (copied below) specifically excludes land that is administered
by GWRC.
Hutt City Council’s Parks and Reserves Bylaw 2017 could, however, be used to protect the
Waiwhetū Stream edge. If a person was trampling on plantings along the stream edge while
fishing, and Hutt City Council officers were able to identify that person, we could use the bylaw
to stop them from further damaging plants.
If you would like to know more about the way whitebait fishing is managed, you are very
welcome to contact David Moss at the Department of Conservation. David’s number is
027 449 9816 and his e-mail i
s [email address]. Please note that this letter may be published on the Council’s website.
Nāku noa, nā
Susan Sales
Senior Advisor, Official Information and Privacy
