Blenheim, New Zealand — Whitebaiters in the Marlborough region are facing a potential headache: they could be held responsible for the removal of fishing stands they use, even if they didn’t build them. The Marlborough District Council recently ordered the removal of 27 structures along Roses Overflow, a waterway running from the Ōpaoa River to the Wairau River.
Council Crackdown on Decades-Old Whitebait Stands
A long-standing, but largely unenforced, rule is now prompting concern among recreational fishers.
- The Marlborough District Council issued notices requiring removal of whitebait stands by December 15.
- The stands, some estimated to be 40 years old, are considered temporary structures under the Marlborough Environment Plan.
- Whitebaiters who use the stands, but didn’t construct them, fear being held liable for their removal.
- The council says it generally only acts on complaints regarding the structures.
Retiree John Ward discovered a takedown notice nailed to a whitebait stand he’d been using on Roses Overflow in October. The notice, addressed “to the user of this structure,” stated that whitebait stands must be temporary and removed by December 15, as outlined in the Marlborough Environment Plan. Failure to comply “may result in enforcement action or the removal of this structure.”
Q: What’s prompting this sudden enforcement of the rules?
A: The council received a complaint alleging the stands were obstructing the natural movement of whitebait along the canal, triggering an investigation and the subsequent removal notices.
Ward, who has been whitebaiting since age five, stumbled upon the abandoned stand four years ago while boating. He described finding it as “something from heaven,” adding, “I thought, ‘oh God, this looks a good bloody wharf. This looks nice and sturdy, this will be all right for whitebaiting.’” The wooden stand featured a bench, storage shed, and a short path, accessible only by a roughly 2-kilometer walk through thorny grass or by boat.
Ward doesn’t believe he should be responsible for removing the stand, as he didn’t build it. He estimates the structure has been in place for 40 years, and that the rule regarding temporary stands had never been enforced. Some whitebaiters, he said, simply use whichever stand is available, learning of their locations from others or discovering them by chance.
Another whitebaiter, who wished to remain anonymous, said a friend who has since died built the stand they now use, estimating its age at around 20 years. “It’s still solid as heck and I just maintain it and use it,” they said, echoing the sentiment that users shouldn’t be liable for structures they didn’t create. “Everyone out there has said that they’re not pulling the stands down. Because they never made the stands.”
Removing the stands, built into the riverbank, would be a significant undertaking, Ward noted. “What a massive job that would be,” he said. “They’ve got to come out by boat … and they’re going to have to completely wreck it [and] cart it all away. You can’t just put [the wood] up on the bank because the first flood, it’s all going to get washed down [the canal].”
A council spokesperson stated that while permanent structures are prohibited, enforcement generally occurs only in response to complaints. The investigation into the Roses Overflow stands was initiated after a member of the public reported the structures were impeding whitebait migration. Notices have been issued only for stands along Roses Overflow at this time, with further investigations planned if additional complaints are received.
The council’s ecology and rivers teams have determined that year-round stands negatively impact the riparian margins of the canal, a crucial habitat for native īnanga whitebait. Leaving structures in place can disrupt spawning processes, alter water flow, damage vegetation, and increase erosion, ultimately harming water quality and aquatic life. Concerns also exist regarding debris, flooding hazards, and the aesthetic impact of abandoned or poorly maintained stands.
The council will only remove stands that affect flood capacity and river access, but a timeline for removals has not been established. Costs will be covered by existing flood management funding and incorporated into planned maintenance work.
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FAQ: Whitebait Stands and Marlborough District Council Regulations
- Are whitebait stands allowed on Roses Overflow? Yes, but they must be temporary and removed between August and December, according to the Marlborough Environment Plan.
- What happens if a stand isn’t removed? The council may take enforcement action, including removing the structure.
- Who is responsible for removing the stands? The council says it generally acts on complaints and expects users to remove stands they use.
