Benson-Pope David: Fisheries Amendment Bill (No 2) — Second Reading 
Benson-Pope David: Fisheries Amendment Bill (No 2) — Second Reading 
[Volume:615;Page:11610] 
Hon DAVID BENSON-POPE (Minister of Fisheries) 
: 
 I move  
That the Fisheries Amendment Bill (No 2) be now read a second time 
. The purpose of this bill is to implement a settlement agreed between the Crown and the commercial seafood industry concerning the under and over-recovery of conservation and fisheries costs by the Ministry of Fisheries since 1994 and to make technical amendments to the offence provisions to ensure that the law reflects the original parliamentary intent. The bill does not alter existing policy frameworks. 
The bill was referred to the Primary Production Committee on 6 November 2003 and I thank that committee for its careful deliberation. I also thank those who took the time to prepare and submit written and verbal submissions. The comments suggested by the committee are minor and technical and are within the purpose of the bill. The bill’s amendments to the Fisheries Act 1996 are grouped in three parts. Part 1 seeks to validate and implement a settlement agreed between the Crown and the commercial seafood industry concerning the under and over-recovery of conservation and fisheries costs. The settlement involves an agreed sum of $24.6 million to be returned to commercial fishing levy payers by way of a non-discretionary reduction in future levies the validation of historic levy orders and the cost recovery rules for a specified period. The bill also confirms that as Minister of Fisheries I have fulfilled all obligations with regard to costs under and over recovered from 1 October 1994 to 30 September 2002. 
This bill implements through legislation the settlement of a longstanding issue to the satisfaction of industry stakeholders and the Crown. It is the intention of this bill to provide a full and final resolution of all cost recovery issues up to 30 September 2002. This ensures that each and every levy order relating to any period on or before that date may not be the subject of any legal challenge on any basis. This bill will consistent with the intent of the cost recovery regime in the Fisheries Act 1996 provide a benefit to the commercial seafood industry. 
The second function of the bill is to amend section 233 of the Fisheries Act 1996 to ensure that the law reflects the original parliamentary intent. This section contains the Act’s highest band of offence provisions and is aimed at serious offending including poaching black market and fraud offences. Recently the Court of Appeal concluded that section 233 was largely ineffective in respect of poaching and black market offending due to a drafting error. The Court of Appeal decided that there has almost certainly been a drafting mistake which has the unfortunate result of making the offence provision ineffective and recommended that early consideration be given to legislative clarification. The amendment would ensure that people who knowingly contravene the Act—including through the black market and poaching—to obtain a benefit or act with intent to obtain a benefit commit an imprisonable offence. 
Finally this bill includes a technical amendment to place beyond doubt that the word “Act” as used throughout the Fisheries Act 1996 includes rules and regulations made under the Fisheries Act 1996. 
A number of pragmatic and minor comments were suggested by the committee—in particular regarding the clarity of the wording of section 265A(4) and the validation of the Fisheries (Cost Recovery) Rules 2001 in respect of the future operation of the rules. The Government supports those suggested amendments. The Government supports this bill as amended by the committee and does not currently intend to move amendments at the Committee stage. 
In summary this bill will implement a settlement agreed between the Crown and the commercial seafood industry concerning the under and over-recovery of costs and will make technical amendments to the offence provisions to ensure that the law reflects the original parliamentary intent. The bill does not raise any issues relating to recreational or customary fishing. It will contribute to the effective and efficient management of New Zealand’s fisheries.