Fisheries (Kaimoana Customary Fishing) Regulations 1998, regs 41, 42, 46; Fisheries (South Island Customary Fishing) Regulations 1999 regs 39, 40, 44
If you gather kaimoana for customary purposes without getting proper written permission from the kaitiaki or local tangata whenua, you can be given an infringement notice (like a speeding ticket) for a fine of up to $500, or in more serious cases you could face criminal charges in court. The same applies if you’ve got permission but you haven’t followed all the conditions – for example, if you go outside the specific areas the permission applies to, or you take more than it allows.
In serious cases you could potentially be given a community-based sentence (like community work) or a jail term. Any equipment you used when fishing, like your boat, car and diving gear, could also be seized and taken from you permanently.
For information about the possible charges and penalties for fisheries offences, see the chapter “Common crimes”, under “Pāua poaching and other fisheries offences”.
Fisheries Act 1996, ss 199–207
Note: Fisheries officers (who work for MPI) have very wide search and seizure powers and powers to require people to answer questions.