Fisheries Act 1996

1: Short Title and commencement
1: This Act may be cited as the Fisheries Act 1996.
2: Subject to subsection (3), this Act shall come into force on a date to be appointed by the Governor-General by Order in Council; and different dates may be so appointed by 1 or more Orders in Council for different provisions and different purposes.
2A: Despite subsection (2), sections 56 57 58 62 358
3: Sections 332 333
4: An order under this section is secondary legislation ( see Part 3 The following table is small in size and has 3 columns that are grouped under the heading Legislation Act 2019 requirements for secondary legislation made under this section. Legislation Act 2019 requirements for secondary legislation made under this section Publication PCO must publish it on the legislation website and notify it in the Gazette LA19 s 69(1)﻿(c) Presentation The Minister must present it to the House of Representatives LA19 s 114 cl 32(1)﻿(a) Disallowance It may be disallowed by the House of Representatives LA19 ss 115 116 This note is not part of the Act. Section 1(2) brought into force for all purposes 11 July 2002 clause 2 Fisheries Act Commencement Order 2002 Section 1(2) brought into force 1 October 2001 clause 2(4) Fisheries Act Commencement Order (No 2) 2001 Section 1(2) brought into force 30 September 2001 clause 2 Fisheries Act Commencement Order (No 2) 2001 Section 1(2) brought into force 30 September 2001 clause 2(3) Fisheries Act Commencement Order 2001 Section 1(2) brought into force 1 September 2001 clause 2(2) Fisheries Act Commencement Order 2001 Section 1(2) brought into force 1 August 2001 clause 2 Fisheries Act Commencement Order (No 2) 2001 Section 1(2) brought into force 1 May 2001 clause 2(1) Fisheries Act Commencement Order 2001 Section 1(2) brought into force 1 October 2000 clause 2 Fisheries Act Commencement Order 2000 Section 1(2) brought into force 1 December 1999 clause 2 Fisheries Act 1996 Commencement Order 1999 Section 1(2) brought into force 1 October 1998 clause 2 Fisheries Act Commencement Order 1998 Section 1(2) brought into force 1 October 1997 clause 2 Fisheries Act Commencement Order (No 2) 1997 Section 1(2) brought into force 1 April 1997 clause 2 Fisheries Act Commencement Order 1997 Section 1(2) brought into force 1 October 1996 clause 2 Fisheries Act Commencement Order (No 2) 1996 Section 1(2) brought into force 23 August 1996 clause 2 Fisheries Act Commencement Order 1996 Section 1(2A) inserted 9 September 1999 section 1(5) Fisheries Act 1996 Amendment Act 1999 Section 1(4) inserted 28 October 2021 section 3 Secondary Legislation Act 2021
1: Preliminary provisions
2: Interpretation
1: In this Act, unless the context otherwise requires,— annual catch entitlement any of sections 67 67A 68 340 340A Annual Catch Entitlement Register section 124(1)﻿(b) Aotearoa Fisheries Limited section 5 appointed day section 5 approved approved form approved service delivery organisation section 296B aquaculture activities Resource Management Act 1991 aquaculture decision section 186C aquatic ecosystem aquatic environment
a: means the natural and biological resources comprising any aquatic ecosystem; and
b: includes all aquatic life and the oceans, seas, coastal areas, inter-tidal areas, estuaries, rivers, lakes, and other places where aquatic life exists aquatic life
a: means any species of plant or animal life that, at any stage in its life history, must inhabit water, whether living or dead; and
b: includes seabirds (whether or not in the aquatic environment) asset-holding company section 5 associated or dependent species beach cast seaweed best available information biological diversity Catch History Review Committee section 283 Chatham Islands Enterprise Trust Charitable Trusts Act 1957 chief executive section 296C coastal marine area coastal permit section 2(1) commercial fisher
a: means a person who holds a fishing permit issued under section 91
b: for the purposes of sections 72 75
i: a person who holds a high seas fishing permit; and
ii: a person using a New Zealand ship who, in the judgment of the chief executive, holds a valid authority from a foreign country to take highly migratory species in the national fisheries jurisdiction of that foreign country commercial fishing section 89 Commission section 4 of the Maori Fisheries Act 1989 conservation conserving conservation services Conservation Act 1987
a: research relating to those effects on protected species:
b: research on measures to mitigate the adverse effects of commercial fishing on protected species:
c: the development of population management plans under the Wildlife Act 1953 Marine Mammals Protection Act 1978 court the District Court customary marine title group section 9(1) deemed value deemed value amount section 76 deemed value rate section 75 determination section 186C document
a: any writing on any material:
b: any information recorded or stored by means of any tape recorder, computer, or other device, and any material subsequently derived from information so recorded or stored:
c: any label, marking, or other writing that identifies or describes any thing of which it forms part, or to which it is attached by any means:
d: any book, map, plan, graph, or drawing:
e: any photograph, film, negative, tape, or other device in which 1 or more visual images are embodied so as to be capable (with or without the aid of some other equipment) of being reproduced dredge oyster Tiostrea chilensis effect
a: any positive or adverse effect; and
b: any temporary or permanent effect; and
c: any past, present, or future effect; and
d: any cumulative effect which arises over time or in combination with other effects— regardless of the scale, intensity, duration, or frequency of the effect; and also includes—
e: any potential effect of high probability; and
f: any potential effect of low probability which has a high potential impact encumbered
a: held by the Crown as a consequence of being forfeit to the Crown under this Act—
i: while any proceedings in respect of that forfeiture are before a court and have not been finally resolved; or
ii: during the period of 35 working days referred to in section 62(3) section 256(3)
b: withheld from allocation by the Crown under section 46 environmental principles section 9 examiner section 222 section 198 exclusive economic zone of New Zealand exclusive economic zone section 9 , Contiguous Zone farmed fish
a: of a species specified in the fish farmer's registration or licence under the Freshwater Fish Farming Regulations 1983
b: that was not acquired in breach of section 192A financial year finfish fish fish carrier fish farm
a: in relation to a person registered as a fish farmer under Part 9A
b: in relation to a person who holds a current licence under the Freshwater Fish Farming Regulations 1983 fish farmer
a: registered as a fish farmer under Part 9A
b: who holds a current licence under the Freshwater Fish Farming Regulations 1983 Fish Farmer Register section 186K fish farming
a: means the breeding, hatching, cultivating, rearing, or ongrowing of fish, aquatic life, or seaweed for harvest; and
b: to avoid doubt, includes the possession and ongrowing of harvestable spat; but
c: does not include an activity specified in paragraph (a) if the fish, aquatic life, or seaweed—
i: is not in the exclusive and continuous possession or control of the fish farmer; or
ii: cannot be distinguished or kept separate from naturally occurring fish, aquatic life, or seaweed Fish Stocks Agreement
a: means the Agreement for the Implementation of the Provisions of the United Nations Convention on the Law of the Sea of 10 December 1982 relating to the conservation and management of straddling fish stocks and highly migratory fish stocks, done at New York on 4 December 1995 (a copy of the English text of which is set out in Schedule 1A
b: includes amendments to the Fish Stocks Agreement made in accordance with Article 45 of the Agreement that are, or will become, binding on New Zealand from time to time Fisheries Dispute Commissioner Commissioner section 117(1) fisheries resources fisheries services
a: the management of fisheries resources, fishing and fish farming:
b: the enforcement of provisions relating to fisheries resources, fishing, and fish farming:
c: research relating to fisheries resources, fishing, and fish farming, including stock assessment and the effects of fishing and fish farming
d: the performance or exercise, by the Minister or the chief executive or any other person, of a function, duty, or power conferred or imposed relating to fisheries resources, fishing, or fish farming (including any observer performing or exercising a function, duty, or power in accordance with the observer programme)
e: the provision, installation, and maintenance of electronic and other equipment on fishing vessels to observe fishing and related activities, including—
i: the return, abandonment, processing, or sorting of fish:
ii: transportation connected with fishing:
iii: measures to avoid, remedy, or mitigate fishing-related mortality:
f: the submission, storage, and review of electronic and other data from activities described in paragraph (e) fishery officer
a: a person deemed by section 196(2)
b: a person appointed in accordance with section 196(1) section 198
c: a person appointed under section 197 section 198
d: a person appointed under section 222 section 198 fishing
a: means the catching, taking, or harvesting of fish, aquatic life, or seaweed; and
b: includes—
i: any activity that may reasonably be expected to result in the catching, taking, or harvesting of fish, aquatic life, or seaweed; and
ii: any operation in support of or in preparation for any activities described in this definition fishing permit section 91 fishing-related mortality fishing vessel Fishing Vessel Register section 98 fishing year
a: in relation to rock lobster, southern scallops, Northland scallops, southern blue whiting, section 18
aa: in relation to freshwater eel subject to an Order in Council under section 369L(1)
b: in relation to any other quota management stock, a period of 12 months commencing on each 1 October:
c: in relation to any stock not subject to the quota management system, a period of 12 months commencing on each 1 October, unless otherwise prescribed foreign allowable catch section 81 foreign fishing vessel foreign-owned New Zealand fishing vessel section 103A(4) foreign vessel Foveaux Strait dredge oyster Foveaux Strait dredge oyster fishery regulation 2 freshwater eel Anguilla australis Anguilla dieffenbachii Anguilla reinhardtii green-lipped mussel Perna canaliculus greenweight harvestable spat Schedule 8A harvested species hazardous substance section 2(1) high seas high seas fishery inspector section 113Q high seas fishing permit section 113H High Seas Permit Register section 98(1)﻿(c) highly migratory species Schedule 4B holder holds held honorary fishery officer section 197 section 198 individual transferable quota
a: individual transferable quota allocated under section 44 section 47 section 49
b: quota that becomes individual transferable quota under section 49(3)
ba: individual transferable quota allocated under Part 2A section 343
c: any quota that otherwise becomes individual transferable quota in accordance with this Act information
a: scientific, customary Maori, social, or economic information; and
b: any analysis of any such information information principles section 10 infringement fee section 297(1)﻿(nc) infringement offence section 297(1)﻿(na) interest in fishing quota sections 56 to 58B section 57A(1) internal waters of New Zealand section 4 international fisheries organisation section 113B international fisheries organisation management measure section 113B kaitiakitanga licensed fish receiver section 297 long-term viability mana whenua mandated iwi organisation section 5 master maximum sustainable yield meatweight
a: in relation to scallops, the weight of the scallops remaining when the shell, skirt, and gut have been removed and discarded:
b: in relation to any other stock, the weight calculated in accordance with the notice under section 18 section 188 Minister Ministry mortgage mortgagee mortgagor multi-species stock Nelson-Marlborough dredge oyster Tiostrea chilensis lutaria Nelson-Marlborough dredge oyster fishery Schedule 1 New Zealand fisheries waters
a: all waters in the exclusive economic zone of New Zealand:
b: all waters of the territorial sea of New Zealand:
c: all internal waters of New Zealand:
d: all other fresh or estuarine waters within New Zealand where fish, aquatic life, or seaweed that are indigenous to or acclimatised in New Zealand are found New Zealand fishing vessel section 103 New Zealand national
a: a New Zealand citizen; or
b: a person who is ordinarily resident in New Zealand; or
c: a body corporate established by or under New Zealand law New Zealand ship section 2(1) Northland scallop Northland scallop fishery Schedule 1 observer section 223 operator ordinarily resident in New Zealand section 6(2) ornamental fish Gazette section 307 outputs overseas investment fishing provisions section 57A(1) overseas investment in fishing quota sections 56 to 58B section 57D overseas person section 7 owner
a: in relation to any vessel, means any person by whom the vessel is owned:
b: in relation to any quota or annual catch entitlement, means the person shown as the owner in the appropriate register kept under Part 8 Permit Register section 98 planning document section 9(1) port
a: means any area of land and water intended or designed to be used either wholly or partly for the berthing, unloading, departure, movement, and servicing of vessels:
b: includes any anchorage, roadstead, pilot station, haven or estuary, navigable lake or river, wharf, dock, pier, jetty, or dry dock used or capable of being used for such purposes possession
a: any fish, aquatic life, or seaweed; or
b: any vessel, container, package, thing, premises, or place in or on which the fish, aquatic life, or seaweed are found premises processing protected customary right section 9(1) protected customary rights order agreement section 9(1) protected species
a: any marine wildlife as defined in section 2 section 3
b: any marine mammal as defined in section 2(1) provisional catch history section 34 section 40 provisional individual transferable quota
a: provisional individual transferable quota allocated under section 47 section 49
b: any quota that otherwise becomes provisional individual transferable quota in accordance with this Act publicly notify or the chief executive public notification publicly notified qualifying years section 33 quota quota management area quota management stock quota management system Part 4 Quota Register section 124(1)﻿(a) quota share section 42 quota weight equivalent (or, in the case of Foveaux Strait dredge oysters, the figure in oyster numbers) record regional council
a: has the same meaning as in section 5
b: includes a unitary authority within the meaning of that Act regional plan section 2(1) registered fish carrier section 105 relevant Ministers sections 56 to 58B section 57A(1) reservation section 186C rock lobster
a: spiny rock lobster ( Jasus edwardsii
b: packhorse rock lobster ( Jasus verreauxi sale
a: includes—
i: every method of disposition for valuable consideration, including barter; and
ii: the disposition to an agent for sale on consignment; and
iii: offering or attempting to sell, or receiving or having in possession for sale, or exposing for sale, or sending or delivering for sale, or causing or permitting to be sold, offered, or exposed for sale; and
iv: disposal by way of gambling (as that term is defined in section 4(1)
v: the use by a person of fish, aquatic life, or seaweed as bait in that person's commercial fishing operations; and
vi: any other use by a person of fish, aquatic life, or seaweed as part of that person's commercial activities;— and sell sold
b: does not include the disposal by any method approved by the chief executive of fish, aquatic life, or seaweed lawfully taken during the course of a fishing competition, if—
i: the competition and the disposal method are carried out in accordance with any conditions imposed by the chief executive, either generally or specifically; and
ii: the chief executive's approval has been obtained prior to the disposal of the fish, aquatic life, or seaweed; and
iii: the proceeds (less any reasonable expenses of disposal) are applied to purposes that are cultural, benevolent, philanthropic, or charitable scallop Pecten novaezelandiae scallop spat
a: means the larval stage of the mollusc Pecten novaezelandiae
b: includes any animal of that species, still in its shell, that has been retained by fishing gear on which it settled while in the larval stage scampi Metanephrops challengeri seaweed settlement quota section 5 settlement quota interest section 152A shellfish southern scallop southern scallop fishery Schedule 1 spat catching permit section 67Q special permit section 97 specified functions, duties, or powers section 296A sports fish section 2(1) standards and specifications section 296O statutory debt stock subcompany section 5 sustainability measure Part 3 taking to take taken tangata whenua Te Ohu Kai Moana section 5 Te Ohu Kai Moana Trustee Limited section 5 Te Putea Whakatupu Trust section 5 Te Putea Whakatupu Trustee Limited section 5 Te Wai Maori Trust section 5 Te Wai Maori Trustee Limited section 5 tender
a: is carried by or attached to a fishing vessel and used or intended to be used for taking fish, aquatic life, or seaweed for sale in conjunction with the fishing vessel; and
b: is not longer than the greater of—
i: 6 metres; or
ii: 50% of the overall length of the fishing vessel it is carried by or attached to territorial sea of New Zealand territorial sea section 3 tikanga Maori total allowable catch Gazette section 13 section 14 total allowable commercial catch Gazette section 20 , and includes any total allowable commercial catch set by or under the Fisheries Act 1983 transaction
a: in relation to any quota or annual catch entitlement or provisional catch history, a transfer of the quota, annual catch entitlement, or provisional catch history:
b: in relation to any quota, a mortgage, variation of mortgage, discharge of mortgage, or assignment of mortgage over the quota:
c: in relation to any quota or annual catch entitlement, a caveat or discharge of a caveat over the quota or annual catch entitlement transhipment tranship transhipped transportation
a: the receiving and carriage of fish, aquatic life, or seaweed by any vessel; or
b: the storage and refrigeration of fish, aquatic life, or seaweed by any vessel for the purpose of carriage tuna Katsuwonus, Euthynnus, Thunnus, Allothunnus Gasterochisma unwanted aquatic life
a: any species (including subspecies, hybrids, and variations of that species) listed in Schedule 3
b: any species of fish, aquatic life, or seaweed that is determined by a chief technical officer under the Biosecurity Act 1993 vessel whitebait Retropina retropina Galaxias working day
a: a Saturday, a Sunday, Waitangi Day, Good Friday, Easter Monday, Anzac Day, the Sovereign’s birthday, Te Rā Aro ki a Matariki/Matariki Observance Day, and Labour Day; and
ab: if Waitangi Day or Anzac Day falls on a Saturday or a Sunday, the following Monday; and
b: a day in the period commencing on 25 December in any year and ending with the close of 15 January in the following year.
1A: References to this Act
2: For the avoidance of doubt, it is hereby declared that, unless the context otherwise requires,—
a: every reference in this Act to any fisheries resources, stock, fish, aquatic life, seaweed, habitat, location of stock, quota, or annual catch entitlement includes any part thereof:
b: the expression of any matter or thing by way of example, or a provision to the effect that any matter or thing includes certain matters or things, does not limit the generality of the provision to which the example relates or the included matters or things relate.
3: For the purpose of this Act, the weight, greenweight, or meatweight of any fish, aquatic life, or seaweed shall be determined, where appropriate, in accordance with sections 187 188
4: The Governor-General may, by Order in Council,—
a: add to Schedule 4B
b: omit from that schedule the name of any species or stock if the criteria set out in paragraph (a) cease to apply to that species or stock.
5: An order under subsection (4) is secondary legislation ( see Part 3 1977 No 28 s 2(1) 1983 No 14 s 2 1990 No 29 s 2 1990 No 31 s 129 1992 No 90 s 2 The following table is small in size and has 3 columns that are grouped under the heading Legislation Act 2019 requirements for secondary legislation made under this section. Legislation Act 2019 requirements for secondary legislation made under this section Publication PCO must publish it on the legislation website and notify it in the Gazette LA19 s 69(1)﻿(c) Presentation The Minister must present it to the House of Representatives LA19 s 114 cl 32(1)﻿(a) Disallowance It may be disallowed by the House of Representatives LA19 ss 115 116 This note is not part of the Act. Section 2(1) annual catch entitlement amended 9 September 1999 section 2(1) Fisheries Act 1996 Amendment Act 1999 Section 2(1) Aotearoa Fisheries Limited inserted 29 November 2004 section 214 Maori Fisheries Act 2004 Section 2(1) appointed day inserted 29 November 2004 section 214 Maori Fisheries Act 2004 Section 2(1) approved service delivery organisation inserted 9 September 1999 section 2(2) Fisheries Act 1996 Amendment Act 1999 Section 2(1) aquaculture activities inserted 1 January 2005 section 4(4) Fisheries Amendment Act (No 3) 2004 Section 2(1) aquaculture decision inserted 1 January 2005 section 4(4) Fisheries Amendment Act (No 3) 2004 Section 2(1) aquaculture management area repealed 1 October 2011 section 4(1) Fisheries Amendment Act 2011 Section 2(1) asset-holding company inserted 29 November 2004 section 214 Maori Fisheries Act 2004 Section 2(1) authorised stock repealed 1 October 2004 section 3(1) Fisheries Amendment Act (No 3) 2004 Section 2(1) beach cast seaweed inserted 9 September 1999 section 2(2) Fisheries Act 1996 Amendment Act 1999 Section 2(1) chief executive amended 9 September 1999 section 2(3) Fisheries Act 1996 Amendment Act 1999 Section 2(1) commercial fisher substituted 1 October 2004 section 3(2) Fisheries Amendment Act (No 3) 2004 Section 2(1) conservation services inserted 9 September 1999 section 2(2) Fisheries Act 1996 Amendment Act 1999 Section 2(1) court amended 1 March 2017 section 261 District Court Act 2016 Section 2(1) customary marine title group inserted 1 April 2011 section 128 Marine and Coastal Area (Takutai Moana) Act 2011 Section 2(1) deemed value inserted 9 September 1999 section 2(4) Fisheries Act 1996 Amendment Act 1999 Section 2(1) deemed value amount substituted 9 September 1999 section 2(4) Fisheries Act 1996 Amendment Act 1999 Section 2(1) deemed value rate substituted 9 September 1999 section 2(4) Fisheries Act 1996 Amendment Act 1999 Section 2(1) determination inserted 1 January 2005 section 4(4) Fisheries Amendment Act (No 3) 2004 Section 2(1) dredge oyster inserted 1 April 1998 section 3(1) Fisheries (Foveaux Strait Dredge Oyster Fishery) Amendment Act 1998 Section 2(1) exclusive economic zone of New Zealand exclusive economic zone amended 1 August 1996 Territorial Sea and Exclusive Economic Zone Amendment Act 1996 Section 2(1) farmed fish inserted 1 January 2005 section 4(4) Fisheries Amendment Act (No 3) 2004 Section 2(1) financial year inserted 9 September 1999 section 2(2) Fisheries Act 1996 Amendment Act 1999 Section 2(1) fish farm substituted 1 January 2005 section 4(1) Fisheries Amendment Act (No 3) 2004 Section 2(1) fish farmer substituted 1 January 2005 section 4(1) Fisheries Amendment Act (No 3) 2004 Section 2(1) Fish Farmer Register inserted 1 January 2005 section 4(4) Fisheries Amendment Act (No 3) 2004 Section 2(1) fish farming substituted 1 January 2005 section 4(1) Fisheries Amendment Act (No 3) 2004 Section 2(1) Fish Stocks Agreement inserted 1 October 2000 section 2 Fisheries Act 1996 Amendment Act (No 2) 1999 Section 2(1) fisheries services inserted 9 September 1999 section 2(2) Fisheries Act 1996 Amendment Act 1999 Section 2(1) fisheries services amended 1 January 2005 section 4(2) Fisheries Amendment Act (No 3) 2004 Section 2(1) fisheries services amended 1 November 2022 section 23 Fisheries Amendment Act 2022 Section 2(1) fisheries services amended 1 January 2005 section 4(3) Fisheries Amendment Act (No 3) 2004 Section 2(1) fisheries services amended 8 August 2014 section 10 Fisheries (Foreign Charter Vessels and Other Matters) Amendment Act 2014 Section 2(1) fisheries services inserted 1 November 2022 section 4(1) Fisheries Amendment Act 2022 Section 2(1) fisheries services inserted 1 November 2022 section 4(1) Fisheries Amendment Act 2022 Section 2(1) fishing year amended 23 June 1998 section 2(1) Fisheries (Remedial Issues) Amendment Act 1998 Section 2(1) fishing year inserted 1 July 2000 section 5 Fisheries Amendment Act 2000 Section 2(1) foreign-owned New Zealand fishing vessel amended 1 May 2016 section 7 Fisheries (Foreign Charter Vessels and Other Matters) Amendment Act 2014 Section 2(1) Foveaux Strait dredge oyster inserted 1 April 1998 section 3(1) Fisheries (Foveaux Strait Dredge Oyster Fishery) Amendment Act 1998 Section 2(1) Foveaux Strait dredge oyster fishery inserted 1 April 1998 section 3(1) Fisheries (Foveaux Strait Dredge Oyster Fishery) Amendment Act 1998 Section 2(1) fresh water eel inserted 1 October 2000 section 2 Fisheries Act 1996 Amendment Act (No 2) 1999 Section 2(1) green-lipped mussel inserted 1 October 2004 section 3(3) Fisheries Amendment Act (No 3) 2004 Section 2(1) harvestable spat inserted 1 January 2005 section 4(4) Fisheries Amendment Act (No 3) 2004 Section 2(1) high seas inserted 1 October 2000 section 2 Fisheries Act 1996 Amendment Act (No 2) 1999 Section 2(1) high seas fishery inspector inserted 1 October 2000 section 2 Fisheries Act 1996 Amendment Act (No 2) 1999 Section 2(1) high seas fishing permit inserted 1 October 2000 section 2 Fisheries Act 1996 Amendment Act (No 2) 1999 Section 2(1) High Seas Permit Register inserted 1 October 2000 section 2 Fisheries Act 1996 Amendment Act (No 2) 1999 Section 2(1) highly migratory species inserted 1 October 2004 section 3(4) Fisheries Amendment Act (No 3) 2004 Section 2(1) individual catch entitlement repealed 1 October 2004 section 3(5) Fisheries Amendment Act (No 3) 2004 Section 2(1) individual transferable quota substituted 9 September 1999 section 2(5) Fisheries Act 1996 Amendment Act 1999 Section 2(1) individual transferable quota inserted 9 September 1999 section 2(5) Fisheries Act 1996 Amendment Act 1999 Section 2(1) infringement fee inserted 9 September 1999 section 2(2) Fisheries Act 1996 Amendment Act 1999 Section 2(1) infringement offence inserted 9 September 1999 section 2(2) Fisheries Act 1996 Amendment Act 1999 Section 2(1) interest in fishing quota inserted 25 August 2005 section 75 Overseas Investment Act 2005 Section 2(1) internal waters of New Zealand amended 1 August 1996 Territorial Sea and Exclusive Economic Zone Amendment Act 1996 Section 2(1) international fisheries organisation inserted 1 October 2004 section 3(6) Fisheries Amendment Act (No 3) 2004 Section 2(1) international fisheries organisation management measure inserted 1 October 2004 section 3(6) Fisheries Amendment Act (No 3) 2004 Section 2(1) long-term viability inserted 9 September 1999 section 2(2) Fisheries Act 1996 Amendment Act 1999 Section 2(1) mandated iwi organisation inserted 29 November 2004 section 214 Maori Fisheries Act 2004 Section 2(1) multi-species stock inserted 9 September 1999 section 2(2) Fisheries Act 1996 Amendment Act 1999 Section 2(1) New Zealand national inserted 1 October 2000 section 2 Fisheries Act 1996 Amendment Act (No 2) 1999 Section 2(1) ordinarily resident in New Zealand substituted 25 August 2005 section 75 Overseas Investment Act 2005 Section 2(1) outputs inserted 9 September 1999 section 2(2) Fisheries Act 1996 Amendment Act 1999 Section 2(1) overseas investment fishing provisions inserted 25 August 2005 section 75 Overseas Investment Act 2005 Section 2(1) overseas investment in fishing quota inserted 25 August 2005 section 75 Overseas Investment Act 2005 Section 2(1) overseas person substituted 25 August 2005 section 75 Overseas Investment Act 2005 Section 2(1) planning document inserted 1 April 2011 section 128 Marine and Coastal Area (Takutai Moana) Act 2011 Section 2(1) port inserted 1 October 2004 section 3(7) Fisheries Amendment Act (No 3) 2004 Section 2(1) protected customary right inserted 1 April 2011 section 128 Marine and Coastal Area (Takutai Moana) Act 2011 Section 2(1) protected customary rights order agreement inserted 1 April 2011 section 128 Marine and Coastal Area (Takutai Moana) Act 2011 Section 2(1) publicly notify amended 9 September 1999 section 90(2) Fisheries Act 1996 Amendment Act 1999 Section 2(1) quota weight equivalent amended 1 April 1998 section 3(2) Fisheries (Foveaux Strait Dredge Oyster Fishery) Amendment Act 1998 Section 2(1) regional council inserted 1 October 2011 section 4(2) Fisheries Amendment Act 2011 Section 2(1) Registrar repealed 9 September 1999 section 2(6) Fisheries Act 1996 Amendment Act 1999 Section 2(1) relevant Ministers inserted 25 August 2005 section 75 Overseas Investment Act 2005 Section 2(1) reservation inserted 1 January 2005 section 4(4) Fisheries Amendment Act (No 3) 2004 Section 2(1) sale substituted 1 July 2004 section 374 Gambling Act 2003 Section 2(1) scampi inserted 13 August 2004 section 3 Fisheries Amendment Act (No 2) 2004 Section 2(1) settlement quota inserted 29 November 2004 section 214 Maori Fisheries Act 2004 Section 2(1) settlement quota interest inserted 29 November 2004 section 214 Maori Fisheries Act 2004 Section 2(1) specified functions, duties, or powers inserted 9 September 1999 section 2(2) Fisheries Act 1996 Amendment Act 1999 Section 2(1) standards and specifications inserted 9 September 1999 section 2(2) Fisheries Act 1996 Amendment Act 1999 Section 2(1) subcompany inserted 29 November 2004 section 214 Maori Fisheries Act 2004 Section 2(1) Te Ohu Kai Moana inserted 29 November 2004 section 214 Maori Fisheries Act 2004 Section 2(1) Te Ohu Kai Moana Trustee Limited inserted 29 November 2004 section 214 Maori Fisheries Act 2004 Section 2(1) Te Putea Whakatupu Trust inserted 29 November 2004 section 214 Maori Fisheries Act 2004 Section 2(1) Te Putea Whakatupu Trustee Limited inserted 29 November 2004 section 214 Maori Fisheries Act 2004 Section 2(1) Te Wai Maori Trust inserted 29 November 2004 section 214 Maori Fisheries Act 2004 Section 2(1) Te Wai Maori Trustee Limited inserted 29 November 2004 section 214 Maori Fisheries Act 2004 Section 2(1) tender substituted 1 October 2004 section 3(8) Fisheries Amendment Act (No 3) 2004 Section 2(1) territorial sea of New Zealand amended 1 August 1996 Territorial Sea and Exclusive Economic Zone Amendment Act 1996 Section 2(1) total allowable commercial catch amended 23 June 1998 section 2(2) Fisheries (Remedial Issues) Amendment Act 1998 Section 2(1) transaction substituted 26 May 2001 section 3(2) Fisheries (Remedial Issues) Amendment Act 2001 Section 2(1) working day replaced 12 April 2022 wehenga 7 Te Ture mō te Hararei Tūmatanui o te Kāhui o Matariki 2022 section 7 Te Kāhui o Matariki Public Holiday Act 2022 Section 2(1) working day inserted 1 January 2014 section 8 Holidays (Full Recognition of Waitangi Day and ANZAC Day) Amendment Act 2013 Section 2(1A) inserted 19 March 2004 section 5 Fisheries Amendment Act 2004 Section 2(4) added 1 October 2004 section 3(9) Fisheries Amendment Act (No 3) 2004 Section 2(5) inserted 28 October 2021 section 3 Secondary Legislation Act 2021
3: Meaning of term associated person in relation to quota
Section 3 repealed 1 October 2001 section 4 Fisheries Amendment Act 2001
3A: Meaning of associated person in relation to issue of fishing permits
Section 3A repealed 1 October 2001 section 4 Fisheries Amendment Act 2001
4: Meaning of terms overseas person, ordinarily resident in New Zealand, and nominee
Section 4 repealed 9 September 1999 section 2(7) Fisheries Act 1996 Amendment Act 1999
5: Application of international obligations and Treaty of Waitangi (Fisheries Claims) Settlement Act 1992
This Act shall be interpreted, and all persons exercising or performing functions, duties, or powers conferred or imposed by or under it shall act, in a manner consistent with—
a: New Zealand's international obligations relating to fishing; and
b: the provisions of the Treaty of Waitangi (Fisheries Claims) Settlement Act 1992
6: Application of Resource Management Act 1991
1: No provision in any regional plan or coastal permit is enforceable to the extent that it provides for—
a: the allocation to 1 or more fishing sectors in preference to any other fishing sector of access to any fisheries resources in the coastal marine area; or
b: the conferral on any fisher of a right to occupy any land in the coastal marine area or any related part of the coastal marine area, if the right to occupy would exclude any other fisher from fishing in any part of the coastal marine area.
2: Subsection (1) does not—
a: prevent a regional council from taking into account the effects of aquaculture activities on fishing or fisheries resources when carrying out its functions under section 30(1)﻿(d)
b: prevent any coastal permit authorising aquaculture activities from being granted.
3: In this section,— fishing sector
a: commercial fishers:
b: recreational fishers:
c: Maori non-commercial customary fishers:
d:
e: other fishers authorised under this Act to take fish, aquatic life, or seaweed occupy section 2(1)
4: Section 6(2) substituted 1 October 2011 section 5(1) Fisheries Amendment Act 2011 Section 6(3) fishing sector repealed 1 October 2011 section 5(2) Fisheries Amendment Act 2011 Section 6(3) occupy amended 1 January 2005 section 5(2) Fisheries Amendment Act (No 3) 2004 Section 6(4) repealed 1 January 2005 section 5(3) Fisheries Amendment Act (No 3) 2004
6A: Transitional, savings, and related provisions
The transitional, savings, and related provisions set out in Schedule 1AA Section 6A inserted 17 December 2016 section 46 Statutes Amendment Act 2016
7: Act to bind the Crown
This Act shall bind the Crown. 1983 No 14 s 2A
2: Purpose and principles
8: Purpose
1: The purpose of this Act is to provide for the utilisation of fisheries resources while ensuring sustainability.
2: In this Act,— ensuring sustainability
a: maintaining the potential of fisheries resources to meet the reasonably foreseeable needs of future generations; and
b: avoiding, remedying, or mitigating any adverse effects of fishing on the aquatic environment utilisation
9: Environmental principles
All persons exercising or performing functions, duties, or powers under this Act, in relation to the utilisation of fisheries resources or ensuring sustainability, shall take into account the following environmental principles:
a: associated or dependent species should be maintained above a level that ensures their long-term viability:
b: biological diversity of the aquatic environment should be maintained:
c: habitat of particular significance for fisheries management should be protected.
10: Information principles
All persons exercising or performing functions, duties, or powers under this Act, in relation to the utilisation of fisheries resources or ensuring sustainability, shall take into account the following information principles:
a: decisions should be based on the best available information:
b: decision makers should consider any uncertainty in the information available in any case:
c: decision makers should be cautious when information is uncertain, unreliable, or inadequate:
d: the absence of, or any uncertainty in, any information should not be used as a reason for postponing or failing to take any measure to achieve the purpose of this Act.
3: Sustainability measures
11: Sustainability measures
1: The Minister may, from time to time, set or vary any sustainability measure for 1 or more stocks or areas, after taking into account—
a: any effects of fishing on any stock and the aquatic environment; and
b: any existing controls under this Act that apply to the stock or area concerned; and
c: the natural variability of the stock concerned.
2: Before setting or varying any sustainability measure under subsection (1), the Minister shall have regard to any provisions of—
a: any regional policy statement, regional plan, or proposed regional plan under the Resource Management Act 1991
b: any management strategy or management plan under the Conservation Act 1987
c: sections 7 8
ca: regulations made under the Exclusive Economic Zone and Continental Shelf (Environmental Effects) Act 2012
d: a planning document lodged with the Minister of Fisheries by a customary marine title group under section 91 that apply to the coastal marine area and are considered by the Minister to be relevant.
2A: Before setting or varying any sustainability measure under this Part or making any decision or recommendation under this Act to regulate or control fishing, the Minister must take into account—
a: any conservation services or fisheries services; and
b: any relevant fisheries plan approved under this Part; and
c: any decisions not to require conservation services or fisheries services.
3: Without limiting the generality of subsection (1), sustainability measures may relate to—
a: the catch limit (including a commercial catch limit) for any stock or, in the case of a quota management stock that is subject to section 13 section 14
b: the size, sex, or biological state of any fish, aquatic life, or seaweed of any stock that may be taken:
c: the areas from which any fish, aquatic life, or seaweed of any stock may be taken:
d: the fishing methods by which any fish, aquatic life, or seaweed of any stock may be taken or that may be used in any area:
e: the fishing season for any stock, area, fishing method, or fishing vessels.
4: The Minister may,—
a: by notice in the Gazette
b: implement any sustainability measure or the variation of any sustainability measure, as set or varied under subsection (1),—
i: by notice
ii: by recommending the making of regulations under section 298
5: Without limiting subsection (4)﻿(a), when setting or varying a catch limit (including a commercial catch limit) for any stock not within the quota management system, the Minister shall have regard to the matters referred to in section 13(2) section 21(1) or both those sections
6: A notice under subsection (4)﻿(b)﻿(i) is secondary legislation ( see Part 3 The following table is small in size and has 3 columns that are grouped under the heading Legislation Act 2019 requirements for secondary legislation made under this section. Legislation Act 2019 requirements for secondary legislation made under this section Publication The maker must: publish it in the Gazette LA19 ss 73 74(1)﻿(a) cl 14 The Ministry of Foreign Affairs and Trade considers that the secondary legislation may have international transparency obligations under the CPTPP s 75 LA19 ss 74(2) 75 Presentation The Minister must present it to the House of Representatives LA19 s 114 cl 32(1)﻿(a) Disallowance It may be disallowed by the House of Representatives LA19 ss 115 116 This note is not part of the Act. Section 11(2)﻿(b) amended 27 February 2000 section 12 Hauraki Gulf Marine Park Act 2000 Section 11(2)﻿(c) substituted 1 April 2011 section 128 Marine and Coastal Area (Takutai Moana) Act 2011 Section 11(2)﻿(ca) inserted 28 June 2013 section 175 Exclusive Economic Zone and Continental Shelf (Environmental Effects) Act 2012 Section 11(2)﻿(d) added 1 April 2011 section 128 Marine and Coastal Area (Takutai Moana) Act 2011 Section 11(2A) inserted 9 September 1999 section 5(1) Fisheries Act 1996 Amendment Act 1999 Section 11(4)﻿(b) substituted 9 September 1999 section 5(2) Fisheries Act 1996 Amendment Act 1999 Section 11(4)﻿(b)﻿(i) amended 28 October 2021 section 3 Secondary Legislation Act 2021 Section 11(5) amended 23 June 1998 section 3 Fisheries (Remedial Issues) Amendment Act 1998 Section 11(6) inserted 28 October 2021 section 3 Secondary Legislation Act 2021
11A: Fisheries plans
1: The Minister may from time to time approve, amend, or revoke a fisheries plan.
2: A fisheries plan approved under subsection (1) may relate to 1 or more stocks, fishing years, or areas, or any combination of those things.
3: Without limiting anything in subsection (2), a fisheries plan may include—
a: fisheries management objectives to support the purpose and principles of the Act:
b: strategies to achieve fisheries management objectives, which may include—
i: sustainability measures set or varied under any of sections 11 13 14 15
ii: rules to manage the interaction between different fisheries sectors:
c: performance criteria to measure the achievement of the objectives and strategies:
d: conservation services or fisheries services:
e: contingency strategies to deal with foreseeable variations in circumstances.
4: Nothing in this section prevents the Minister from considering a proposal under Part 9 Section 11A inserted 9 September 1999 section 6 Fisheries Act 1996 Amendment Act 1999
12: Consultation
1: Before doing anything under any of sections 11(1), 11(4) 11A(1) , 13(1), 13(4), 13(7) 14(1), 14(3), 14(6) 14B(1) , 15(1), and 15(2) section 13(9) section 14(8) or section 14A(1)
a: consult with such persons or organisations as the Minister considers are representative of those classes of persons having an interest in the stock or the effects of fishing on the aquatic environment in the area concerned, including Maori, environmental, commercial, and recreational interests; and
b: provide for the input and participation of tangata whenua having—
i: a non-commercial interest in the stock concerned; or
ii: an interest in the effects of fishing on the aquatic environment in the area concerned— and have particular regard to kaitiakitanga.
2: After setting or varying any sustainability measure, or after approving, amending, or revoking any fisheries plan,
3: This section does not apply in respect of emergency measures under section 16 Section 12(1) amended 9 September 1999 section 7(1)﻿(a) Fisheries Act 1996 Amendment Act 1999 Section 12(1) amended 9 September 1999 section 7(1)﻿(b) Fisheries Act 1996 Amendment Act 1999 Section 12(1) amended 9 September 1999 section 7(1)﻿(c) Fisheries Act 1996 Amendment Act 1999 Section 12(2) amended 9 September 1999 section 7(2) Fisheries Act 1996 Amendment Act 1999
13: Total allowable catch
1: Subject to this section, the Minister shall, by notice in the Gazette , or until an alteration of the quota management area for that stock takes effect in accordance with sections 25 26
2: The Minister shall set a total allowable catch that—
a: maintains the stock at or above a level that can produce the maximum sustainable yield, having regard to the interdependence of stocks; or
b: enables the level of any stock whose current level is below that which can produce the maximum sustainable yield to be altered—
i: in a way and at a rate that will result in the stock being restored to or above a level that can produce the maximum sustainable yield, having regard to the interdependence of stocks; and
ii: within a period appropriate to the stock, having regard to the biological characteristics of the stock and any environmental conditions affecting the stock; or
c: enables the level of any stock whose current level is above that which can produce the maximum sustainable yield to be altered in a way and at a rate that will result in the stock moving towards or above a level that can produce the maximum sustainable yield, having regard to the interdependence of stocks.
2A: For the purposes of setting a total allowable catch under this section, if the Minister considers that the current level of the stock or the level of the stock that can produce the maximum sustainable yield is not able to be estimated reliably using the best available information, the Minister must—
a: not use the absence of, or any uncertainty in, that information as a reason for postponing or failing to set a total allowable catch for the stock; and
b: have regard to the interdependence of stocks, the biological characteristics of the stock, and any environmental conditions affecting the stock; and
c: set a total allowable catch—
i: using the best available information; and
ii: that is not inconsistent with the objective of maintaining the stock at or above, or moving the stock towards or above, a level that can produce the maximum sustainable yield.
3: In considering the way in which and rate at which a stock is moved towards or above a level that can produce maximum sustainable yield under subsection (2)﻿(b) or (c), or (2A) (if applicable), the Minister shall have regard to such social, cultural, and economic factors as he or she considers relevant.
4: The Minister may from time to time, by notice in the Gazette When considering any variation, the Minister is to have regard to the matters specified in subsections (2), (2A) (if applicable), and (3).
5: Without limiting subsection (1) or subsection (4), the Minister may set or vary any total allowable catch at, or to, zero.
6: Except as provided in subsection (7), every setting or variation of a total allowable catch shall have effect on and from the first day of the next fishing year for the stock concerned.
7: After considering information about the abundance during the current fishing year of any stock listed in Schedule 2 and after having regard to the matters specified in subsections (2), (2A) (if applicable), and (3) Gazette
8: If a total allowable catch for any stock has been increased during any fishing year under subsection (7)
9: The Governor-General may from time to time, by Order in Council, omit the name of any stock from Schedule 2
10: Subsection (1) does not require the Minister to set an initial total allowable catch for any quota management area and stock unless the Minister also proposes to set or vary a total allowable commercial catch for that area and stock under section 20
11: An order under subsection (9) is secondary legislation ( see Part 3 1983 No 14 ss 28C 28D 28OB–28OE 1990 No 29 s 5(1) 1992 No 90 s 4 1992 No 121 s 24(1) The following table is small in size and has 3 columns that are grouped under the heading Legislation Act 2019 requirements for secondary legislation made under this section. Legislation Act 2019 requirements for secondary legislation made under this section Publication PCO must publish it on the legislation website and notify it in the Gazette LA19 s 69(1)﻿(c) Presentation The Minister must present it to the House of Representatives LA19 s 114 cl 32(1)﻿(a) Disallowance It may be disallowed by the House of Representatives LA19 ss 115 116 This note is not part of the Act. Section 13(1) amended 23 June 1998 section 4(1) Fisheries (Remedial Issues) Amendment Act 1998 Section 13(2)﻿(b) substituted 23 June 1998 section 4(2) Fisheries (Remedial Issues) Amendment Act 1998 Section 13(2A) inserted 28 September 2008 section 4(1) Fisheries Act 1996 Amendment Act 2008 Section 13(3) amended 28 September 2008 section 4(2) Fisheries Act 1996 Amendment Act 2008 Section 13(4) amended 28 September 2008 section 4(3) Fisheries Act 1996 Amendment Act 2008 Section 13(4) amended 23 June 1998 section 4(3) Fisheries (Remedial Issues) Amendment Act 1998 Section 13(7) amended 28 September 2008 section 4(3) Fisheries Act 1996 Amendment Act 2008 Section 13(7) amended 23 June 1998 section 4(4) Fisheries (Remedial Issues) Amendment Act 1998 Section 13(8) amended 23 June 1998 section 4(5) Fisheries (Remedial Issues) Amendment Act 1998 Section 13(10) added 23 June 1998 section 4(6) Fisheries (Remedial Issues) Amendment Act 1998 Section 13(11) inserted 28 October 2021 section 3 Secondary Legislation Act 2021
14: Alternative total allowable catch for stock specified in Schedule 3
1: Notwithstanding anything in section 13 Schedule 3 Gazette
2: Every total allowable catch set under subsection (1) for any stock shall continue to apply in each fishing year for the stock unless varied under subsection (3).
3: The Minister may from time to time, by notice in the Gazette
4: Without limiting subsection (1) or subsection (3), the Minister may set or vary any total allowable catch at, or to, zero.
5: Except as provided in subsection (6), every setting or variation of a total allowable catch shall have effect on and from the first day of the next fishing year for the stock concerned.
6: After considering information about the abundance during the current fishing year of any stock listed in Schedule 3 Gazette
7: If a total allowable catch for any stock has been increased during any fishing year under subsection (6), the total allowable catch for that stock shall, at the close of that fishing year, revert to the total allowable catch that applied to that stock at the beginning of that fishing year; but this subsection does not prevent a variation under subsection (3) of the total allowable catch that applied at the beginning of that fishing year.
8: The Governor-General may from time to time, by Order in Council,—
a: omit the name of any stock from Schedule 3
b: add to that schedule the name of any stock if—
i: it is not possible, because of the biological characteristics of the species, to estimate maximum sustainable yield; or
ii: a national allocation
iii: the stock is managed on a rotational or enhanced basis ; or
iv: the stock comprises 1 or more highly migratory species.
9: An order under subsection (8) is secondary legislation ( see Part 3 The following table is small in size and has 3 columns that are grouped under the heading Legislation Act 2019 requirements for secondary legislation made under this section. Legislation Act 2019 requirements for secondary legislation made under this section Publication PCO must publish it on the legislation website and notify it in the Gazette LA19 s 69(1)﻿(c) Presentation The Minister must present it to the House of Representatives LA19 s 114 cl 32(1)﻿(a) Disallowance It may be disallowed by the House of Representatives LA19 ss 115 116 This note is not part of the Act. Section 14(8)﻿(b)﻿(ii) amended 1 October 2004 section 4(1) Fisheries Amendment Act (No 3) 2004 Section 14(8)﻿(b)﻿(iii) amended 1 October 2004 section 4(2) Fisheries Amendment Act (No 3) 2004 Section 14(8)﻿(b)﻿(iv) added 1 October 2004 section 4(2) Fisheries Amendment Act (No 3) 2004 Section 14(9) inserted 28 October 2021 section 3 Secondary Legislation Act 2021
14A: Alternative total allowable catch for stocks specified by Order in Council
1: The Governor-General may from time to time, by Order in Council made on the recommendation of the Minister with the concurrence of the Minister responsible for the administration of the Environment Act 1986 section 14B
2: No recommendation relating to any stock may be made under subsection (1) unless quota owners ( proposers
3: A proposal made under subsection (2) must—
a: specify the concerns (if any) of the quota owners who do not support the proposal; and
b: specify what arrangements are in place to address those concerns; and
c: address the matters specified in subsection (4).
4: In considering making a recommendation under subsection (1), the Minister must have regard to the following:
a: the need to commission appropriate research to assess the impact of the order on the stock; and
b: the need to implement measures to improve the quality of information about the stock; and
c: whether it is appropriate to close areas to commercial fishing to reduce any sustainability risk to that stock; and
d: the need to avoid any significant adverse effects on the aquatic environment of which the stock is a component.
5: No recommendation may be made under subsection (1) in relation to a proposal made under subsection (2) unless the Minister is satisfied that—
a: the stock is taken primarily as an incidental catch during the taking of 1 or more other stocks and is only a small proportion of the combined catch of the stock and other stock or stocks; and
b: the total benefits of managing the stock at a level other than that permitted under section 13
c: managing the stock at a level other than that permitted under section 13
d: the stock is able to be maintained above a level that ensures its long-term viability; and
e: the purpose of the Act would be better achieved by setting a total allowable catch otherwise than in accordance with section 13
6: An order under this section is secondary legislation ( see Part 3 The following table is small in size and has 3 columns that are grouped under the heading Legislation Act 2019 requirements for secondary legislation made under this section. Legislation Act 2019 requirements for secondary legislation made under this section Publication PCO must publish it on the legislation website and notify it in the Gazette LA19 s 69(1)﻿(c) Presentation The Minister must present it to the House of Representatives LA19 s 114 cl 32(1)﻿(a) Disallowance It may be disallowed by the House of Representatives LA19 ss 115 116 This note is not part of the Act. Section 14A inserted 9 September 1999 section 8 Fisheries Act 1996 Amendment Act 1999 Section 14A(6) inserted 28 October 2021 section 3 Secondary Legislation Act 2021
14B: Alternative total allowable catch for certain stocks
1: Despite section 13 Gazette
2: Subject to subsection (3), the Minister must set a total allowable catch under subsection (1) that is no greater than a level that will allow the taking of another stock or stocks in accordance with the total allowable catch and the total allowable commercial catch set for that other stock or stocks.
3: The Minister must set a total allowable catch that maintains the stock above a level that ensures its long-term viability.
4: When setting a total allowable catch under subsection (1), the Minister must be satisfied that quota owners have taken, and will continue to take, all reasonable steps (including, but not limited to, modifying fishing methods, fishing areas, and times of fishing) to minimise take of the stock.
5: Every total allowable catch set under subsection (1) for any stock continues to apply in each fishing year for the stock unless varied under subsection (6).
6: The Minister may from time to time, by notice in the Gazette
7: Without limiting subsection (1) or subsection (6), the Minister may set or vary any total allowable catch at, or to, zero.
8: The setting or variation of a total allowable catch under this section has effect on and from the first day of the next fishing year for the stock concerned. Section 14B inserted 9 September 1999 section 8 Fisheries Act 1996 Amendment Act 1999
14C: Stock may be declared no longer subject to section 14B
1: The Governor-General may from time to time, by Order in Council made on the recommendation of the Minister, declare that section 14B
2: If an order under subsection (1) is made in respect of any stock, the total allowable catch for the stock must be set under section 13 section 14
3: An order under this section is secondary legislation ( see Part 3 The following table is small in size and has 3 columns that are grouped under the heading Legislation Act 2019 requirements for secondary legislation made under this section. Legislation Act 2019 requirements for secondary legislation made under this section Publication PCO must publish it on the legislation website and notify it in the Gazette LA19 s 69(1)﻿(c) Presentation The Minister must present it to the House of Representatives LA19 s 114 cl 32(1)﻿(a) Disallowance It may be disallowed by the House of Representatives LA19 ss 115 116 This note is not part of the Act. Section 14C inserted 9 September 1999 section 8 Fisheries Act 1996 Amendment Act 1999 Section 14C(3) inserted 28 October 2021 section 3 Secondary Legislation Act 2021
15: Fishing-related mortality of marine mammals or other wildlife
1: If a population management plan has been approved under section 14F section 3E
a: shall take all reasonable steps to ensure that the maximum allowable fishing-related mortality level set by the relevant population management plan is not exceeded:
b: may take such other measures as he or she considers necessary to further avoid, remedy, or mitigate any adverse effects of fishing on the relevant protected species.
2: In the absence of a population management plan, the Minister may, after consultation with the Minister of Conservation, take such measures as he or she considers are necessary to avoid, remedy, or mitigate the effect of fishing-related mortality on any protected species, and such measures may include setting a limit on fishing-related mortality.
3: The Minister may require, or authorise the chief executive to require, any person or class of persons listed in section 189
4: The Minister may recommend the making of such regulations under section 298
5: The Minister may, by notice
a: under subsection (1)﻿(a), for the purpose of ensuring the maximum allowable fishing-related mortality level set by the relevant population management plan is not exceeded; or
b: under subsection (2), for the purpose of ensuring that any limit on fishing-related mortality is not exceeded.
6: Every person commits an offence and is liable to the penalty set out in section 252(5)
7: A notice under subsection (5) is secondary legislation ( see Part 3 The following table is small in size and has 3 columns that are grouped under the heading Legislation Act 2019 requirements for secondary legislation made under this section. Legislation Act 2019 requirements for secondary legislation made under this section Publication The maker must publish it in the Gazette LA19 ss 73 74(1)﻿(a) cl 14 The Ministry of Foreign Affairs and Trade considers that the secondary legislation may have international transparency obligations under the CPTPP s 75 LA19 ss 74(2) 75 Presentation The Minister must present it to the House of Representatives LA19 s 114 cl 32(1)﻿(a) Disallowance It may be disallowed by the House of Representatives LA19 ss 115 116 This note is not part of the Act. Section 15(5) amended 28 October 2021 section 3 Secondary Legislation Act 2021 Section 15(7) inserted 28 October 2021 section 3 Secondary Legislation Act 2021
16: Emergency measures
1: If satisfied that there is or has been—
a: an outbreak of disease; or
b: a serious decline in the abundance or reproductive potential of 1 or more stocks or species; or
c: a significant adverse change in the aquatic environment,— the Minister may, by notice
2: Before giving notice under subsection (1), the Minister shall, to the extent reasonably practicable in the circumstances, consult such persons or organisations as the Minister considers are representative of the classes of persons having an interest in the stock or area affected, including Maori, environmental, commercial, and recreational interests.
3: An emergency measure under this section may be in force for a period not exceeding 3 months and, after consultation by the Minister with such persons or organisations as the Minister considers are representative of those classes of persons having an interest in any stock or area affected, including Maori, environmental, commercial, and recreational interests, may be renewed once only for a further period not exceeding 9 months.
4: This section does not empower the Minister to reduce or cause to be reduced during the fishing year to which it relates any total allowable catch set under section 13 section 14
5:
6: Every person commits an offence and is liable to the penalty set out in section 252(5)
7: For the purposes of this section, the term emergency measures
a: closing any area by prohibiting the harvesting of all or any fish, aquatic life, or seaweed in that area:
b: restricting the methods that may be used to take any fish, aquatic life, or seaweed in any area:
c: restricting the taking of any fish, aquatic life, or seaweed in any area by reference to the size, sex, or biological state of that fish, aquatic life, or seaweed and, for that purpose, setting or altering limits in respect of the size, sex, or biological state of any fish, aquatic life, or seaweed:
d: setting or altering the fishing season for any stock in any area:
e: imposing reporting requirements for any stock, area, or fishing method that are additional to reporting requirements for the time being in force under any other provision of this Act:
f: requiring the disposal of any fish, aquatic life, or seaweed in a specified manner.
8: A notice under subsection (1) is secondary legislation ( see Part 3 1983 No 14 ss 65 85 The following table is small in size and has 3 columns that are grouped under the heading Legislation Act 2019 requirements for secondary legislation made under this section. Legislation Act 2019 requirements for secondary legislation made under this section Publication The maker must: LA19 ss 73 74(1)﻿(a) cl 14 •	publish it in the Gazette •	publicly notify it (see definition in section 2 The Ministry of Foreign Affairs and Trade considers that the secondary legislation may have international transparency obligations under the CPTPP s 75 LA19 ss 74(2) 75 Presentation The Minister must present it to the House of Representatives LA19 s 114 cl 32(1)﻿(a) Disallowance It may be disallowed by the House of Representatives LA19 ss 115 116 This note is not part of the Act. Section 16(1) amended 28 October 2021 section 3 Secondary Legislation Act 2021 Section 16(5) repealed 28 October 2021 regulation 22 Legislation Act (Amendments to Legislation) Regulations 2021 Section 16(8) inserted 28 October 2021 section 3 Secondary Legislation Act 2021
4: Quota management system
Application of this Part Heading substituted 1 October 2004 section 5 Fisheries Amendment Act (No 3) 2004
17: Application of Part generally
1: This Part applies to every stock made subject to the quota management system by—
a: a declaration by the Minister by notice under section 18 section 5
b: any provision of this Act or any other Act.
2: This Part does not apply to fishing authorised by a foreign fishing licence issued under Part 5
3: For the purposes of subsection (1) and this Part, every species or class of fish, aquatic life or seaweed that was, immediately before the commencement of this Part, subject to Part 2A section 18 Section 17 substituted 1 October 2004 section 5 Fisheries Amendment Act (No 3) 2004
17A: Highly migratory species taken outside New Zealand fisheries waters
1: This section applies in relation to any stock of a highly migratory species (the relevant stock
a: is subject to the quota management system in any area outside New Zealand fisheries waters; and
b: is taken in that area by an operator who is a New Zealand national using a New Zealand ship outside New Zealand fisheries waters.
2: Except as otherwise expressly provided in subsection (3) or elsewhere in this Part, this Part applies in relation to any relevant stock as if the area outside New Zealand fisheries waters in which it was taken were in fact within New Zealand fisheries waters.
3: This section does not apply to fish taken from a relevant stock if the commercial fisher concerned can prove to the satisfaction of the chief executive that the amount of fish concerned was taken under the authority of, and, where national allocations for the species exist, against the national allocation of, another State that has agreed to comply with all international fisheries organisation management measures for the species concerned to which New Zealand has agreed.
4: In any case where New Zealand law conflicts with the laws of a State in whose jurisdiction any relevant stock was taken, the laws of that other State prevail over New Zealand law.
5: Subsection (4) does not abrogate the obligations of the commercial fisher under this Part and Part 10 Section 17A inserted 1 October 2004 section 5 Fisheries Amendment Act (No 3) 2004 Declaration of quota management system Heading inserted 1 October 2004 section 5 Fisheries Amendment Act (No 3) 2004
17B: Determination that stock or species be subject to quota management system
1: The Minister must make a determination under subsection (2) if satisfied that the current management of a stock or species—
a: is not ensuring the sustainability of the stock or species; or
b: is not providing for the utilisation of the stock or species.
2: The Minister must determine to make the stock or species concerned subject to the quota management system, unless he or she determines that the purpose of this Act would be better met by setting 1 or more sustainability measures under section 11 section 13 section 14
3: Before determining whether the criteria in subsection (1)﻿(a) or (b) have been satisfied, and before making a determination under subsection (2), the Minister must consult those persons or organisations considered by the Minister to be representative of the classes of persons who have an interest in the relevant determination.
4: As soon as practicable after making a determination under subsection (2), the Minister must give his or her reasons for the determination in writing to any persons or organisations consulted under subsection (3).
5: In the case of a stock or species listed in Schedule 4C
a: the Minister may make a determination under subsection (2), regardless of whether or not the Minister is satisfied of the matters specified in subsection (1); and
b: if the Minister determines not to make the stock or species concerned subject to the quota management system,—
i: the Minister must notify that fact in accordance with subsection (8)
ii: the moratorium on the issue of fishing permits for that stock or species under section 93
iii: the stock or species concerned must be removed from Schedule 4C
6: Despite subsection (2), the Minister may not determine under that subsection to make subject to the quota management system any stock of highly migratory species outside New Zealand fisheries waters except to give effect to—
a: a national allocation to New Zealand by an international fisheries organisation in relation to that stock; or
b: any other management measures to which New Zealand has agreed, made by an international fisheries organisation in relation to that stock.
7: The Minister must consult the Minister of Conservation before making a determination under this section in respect of any stock or species that is both—
a: listed in Schedule 4C
b: listed in any of the appendices to the Convention on International Trade in Endangered Species of Wild Flora and Fauna.
8: A notice under subsection (5)﻿(b) is secondary legislation ( see Part 3 The following table is small in size and has 3 columns that are grouped under the heading Legislation Act 2019 requirements for secondary legislation made under this section. Legislation Act 2019 requirements for secondary legislation made under this section Publication The maker must publish it in the Gazette LA19 ss 73 74(1)﻿(a) cl 14 The Ministry of Foreign Affairs and Trade considers that the secondary legislation may have international transparency obligations under the CPTPP s 75 LA19 ss 74(2) 75 Presentation The Minister must present it to the House of Representatives LA19 s 114 cl 32(1)﻿(a) Disallowance It may be disallowed by the House of Representatives LA19 ss 115 116 This note is not part of the Act. Section 17B inserted 1 October 2004 section 5 Fisheries Amendment Act (No 3) 2004 Section 17B(5)﻿(b)﻿(i) amended 28 October 2021 section 3 Secondary Legislation Act 2021 Section 17B(5)﻿(b)﻿(ii) substituted 27 March 2008 section 4 Fisheries Amendment Act 2008 Section 17B(5)﻿(b)﻿(iii) substituted 27 March 2008 section 4 Fisheries Amendment Act 2008 Section 17B(8) inserted 28 October 2021 section 3 Secondary Legislation Act 2021
18: Declaration that new stock subject to quota management system
1: If the Minister determines under section 17B
2: A notice under this section is secondary legislation ( see Part 3 The following table is small in size and has 3 columns that are grouped under the heading Legislation Act 2019 requirements for secondary legislation made under this section. Legislation Act 2019 requirements for secondary legislation made under this section Publication The maker must publish it in the Gazette LA19 ss 73 74(1)﻿(a) cl 14 The Ministry of Foreign Affairs and Trade considers that the secondary legislation may have international transparency obligations under the CPTPP s 75 LA19 ss 74(2) 75 Presentation The Minister must present it to the House of Representatives LA19 s 114 cl 32(1)﻿(a) Disallowance It may be disallowed by the House of Representatives LA19 ss 115 116 This note is not part of the Act. Section 18 substituted 1 October 2004 section 5 Fisheries Amendment Act (No 3) 2004 Section 18(1) amended 28 October 2021 section 3 Secondary Legislation Act 2021 Section 18(2) inserted 28 October 2021 section 3 Secondary Legislation Act 2021
19: Matters to be included in notice under section 18
1: Any notice given under section 18
a: define the quota management area to which the notice relates by reference to an area or areas defined in Schedule 1
b: state the fishing year in respect of the stock, which year shall be a 12-month period commencing on either 1 April or 1 October:
c: state whether, for the stock concerned, the total allowable commercial catch is, and annual catch entitlements are, to be expressed in meatweight or greenweight:
d: make provision for such other matters as may be contemplated by this Act.
2: In defining the quota management area, the Minister shall, as far as practicable, maintain the same quota management areas for different species.
2A: In the case of a stock or species listed in Schedule 4C
3: If the Minister is satisfied that any species section 18
4: Subject to subsections (5), (5A), and (6)
a: no declaration made under section 18
b: no species or class of fish, aquatic life, or seaweed that was immediately before the commencement of this Part, subject to Part 2A
c: no quota management area shall be altered— except by Act of Parliament.
5: Subsection (4) does not prevent—
a: the Minister varying, by notice section 18
b: any alteration section 25
c: any amendment to a notice under section 18
5A: Without limiting subsection (5)﻿(c), the Minister may amend a declaration under section 18 section 36
6: A provision in a regulation made under this Act, or in a notice given under section 15 section 16 section 186(2)﻿(b)
7: Before making a declaration under section 18
8: The following are secondary legislation ( see Part 3
a: a notice under subsection (5)﻿(a):
b: an amendment under subsection (5)﻿(c):
c: an amendment under subsection (5A).
8: 1983 No 14 s 28B(1), (3), (5), (6) 1986 No 34 s 10 The following table is small in size and has 3 columns that are grouped under the heading Legislation Act 2019 requirements for secondary legislation referred to in subsection (8). Legislation Act 2019 requirements for secondary legislation referred to in subsection (8) Publication The maker must publish it in the Gazette LA19 ss 73 74(1)﻿(a) cl 14 The Ministry of Foreign Affairs and Trade considers that the secondary legislation may have international transparency obligations under the CPTPP s 75 LA19 ss 74(2) 75 Presentation The Minister must present it to the House of Representatives LA19 s 114 cl 32(1)﻿(a) Disallowance It may be disallowed by the House of Representatives LA19 ss 115 116 This note is not part of the Act. Section 19(2A) inserted 1 October 2004 section 6(1) Fisheries Amendment Act (No 3) 2004 Section 19(3) amended 1 May 2001 section 9(1) Fisheries Act 1996 Amendment Act 1999 Section 19(4) amended 1 May 2001 section 9(2) Fisheries Act 1996 Amendment Act 1999 Section 19(5)﻿(a) amended 28 October 2021 section 3 Secondary Legislation Act 2021 Section 19(5)﻿(b) amended 1 May 2001 section 9(3) Fisheries Act 1996 Amendment Act 1999 Section 19(5A) inserted 1 May 2001 section 9(4) Fisheries Act 1996 Amendment Act 1999 Section 19(5A) amended 27 March 2008 section 5 Fisheries Amendment Act 2008 Section 19(7) substituted 1 May 2001 section 9(5) Fisheries Act 1996 Amendment Act 1999 Section 19(8) inserted 28 October 2021 section 3 Secondary Legislation Act 2021 Section 19(8) repealed 1 October 2004 section 6(2) Fisheries Amendment Act (No 3) 2004
20: Setting and variation of total allowable commercial catch
1: Subject to this section, the Minister shall, by notice in the Gazette , or until an alteration of the quota management area for that stock takes effect in accordance with sections 25 26
2: The Minister may from time to time, by notice in the Gazette
3: Without limiting the generality of subsections (1) and (2), the Minister may set or vary a total allowable commercial catch at, or to, zero.
4: Every total allowable commercial catch set or varied under this section shall have effect on and from the first day of the next fishing year for the quota management stock concerned.
5: A total allowable commercial catch for any quota management stock shall not—
a: be set unless the total allowable catch for that stock has been set under section 13 section 14
b: be greater than the total allowable catch set for that stock. 1983 No 14 s 28C 1990 No 29 s 5(1) Section 20(1) amended 1 October 2001 section 5 Fisheries (Remedial Issues) Amendment Act 1998
21: Matters to be taken into account in setting or varying any total allowable commercial catch
1: In setting or varying any total allowable commercial catch for any quota management stock, the Minister shall have regard to the total allowable catch for that stock and shall allow for—
a: the following non-commercial fishing interests in that stock, namely—
i: Maori customary non-commercial fishing interests; and
ii: recreational interests; and
b: all other mortality to that stock caused by fishing.
2: Before setting or varying a total allowable commercial catch for any quota management stock, the Minister shall consult such persons and organisations as the Minister considers are representative of those classes of persons having an interest in this section, including Maori, environmental, commercial, and recreational interests.
3: After setting or varying any total allowable commercial catch under section 20
4: When allowing for Maori customary non-commercial interests under subsection (1), the Minister must take into account—
a: any mataitai reserve in the relevant quota management area that is declared by the Minister by notice in the Gazette section 186
b: any area closure or any fishing method restriction or prohibition in the relevant quota management area that is imposed by the Minister by notice in the Gazette section 186A
5: When allowing for recreational interests under subsection (1), the Minister shall take into account any regulations that prohibit or restrict fishing in any area for which regulations have been made following a recommendation made by the Minister under section 311 1983 No 14 ss 28C 28OB(1), (2) 1990 No 29 ss 5(1) 15 Section 21(4) substituted 1 October 2001 section 6 Fisheries (Remedial Issues) Amendment Act 1998
22: Effect of reduction of total allowable commercial catch
1: If the Crown owns any unencumbered quota shares for a stock as at the date the total allowable commercial catch for that stock is reduced under section 20 a ÷ (100 000 000 – b) × c = d where— a is the number of quota shares for the stock held by the person immediately before the reduction in the total allowable commercial catch for the stock takes effect; and b is the number of unencumbered quota shares for the stock owned by the Crown immediately before the reduction in the total allowable commercial catch for the stock takes effect; and c is the lesser of—
a: the number of unencumbered quota shares for the stock owned by the Crown immediately before the reduction in the total allowable commercial catch for the stock takes effect:
b: the number of d is the number of quota shares to be transferred to the quota owner under this section.
2: If there has been a reduction in the total allowable commercial catch for any stock but the Crown does not hold any unencumbered quota shares for that stock as at the date the reduction takes effect, no deductions or transfers of quota shall be made under this section.
3: The chief executive shall, as soon as practicable after the reduction takes effect, notify every quota owner affected by a reduction in the total allowable commercial catch for any stock of—
a: the reduced total allowable commercial catch; and
b: any consequential change in the number of the quota shares for that stock that are owned by that person; and
c: the quota weight equivalent of 1 quota share of the reduced total allowable commercial catch.
4: The chief executive shall, as soon as practicable after any reduction in the total allowable commercial catch for any stock takes effect, notify the Registrar of Quota for any stock of any quota transfer necessary to give effect to the reduction.
5: For the purposes of subsection (1), the Crown is a quota owner except in relation to its unencumbered quota. 1983 No 14 s 28OD 1990 No 29 s 15 Section 22(1) formula item c paragraph (b) amended 1 October 2001 section 4 Fisheries (Remedial Issues) Amendment Act 2001
23: Effect of increase in total allowable commercial catch
1: If the total allowable commercial catch for any stock has been increased under section 20 eligible person a × {1 − [b ÷ (b + c)]} = d where— a is the number of quota shares for the stock owned by any person immediately before the increase in the total allowable commercial catch takes effect; and b is the total allowable commercial catch for the stock (in kilogrammes) applying immediately before the increase takes effect; and c is the lesser of—
a: the amount of the increase in the total allowable commercial catch for the stock (in kilogrammes):
b: the total of all preferential allocation rights for the stock (in kilogrammes); and d is the number of quota shares to be deducted from each person's holdings and transferred to the Crown in accordance with this section.
2: Immediately after deducting quota shares under subsection (1), the chief executive shall transfer to each eligible person a number of quota shares which shall be calculated in accordance with the following formula: a ÷ b × c × 100 000 000 ÷ (d + c) = e where— a is the eligible person's current preferential allocation rights for the stock (in kilogrammes); and b is the total of all preferential allocation rights for the stock (in kilogrammes); and c is the lesser of—
a: the amount of the increase in the total allowable commercial catch for the stock (in kilogrammes):
b: the total of all preferential allocation rights for the stock (in kilogrammes); and d is the total allowable commercial catch for the stock (in kilogrammes) applying immediately before the increase takes effect; and e is the number of quota shares to be transferred from the Crown to the eligible person in accordance with this section.
3: Every person who was, immediately before the commencement of this section, entitled to quota under section 28OE(1)﻿(a) section 28N
a: shall have effect only while that person continues to be registered on the Quota Register as the owner of shares for that stock, and those shares have been continuously owned
b: is personal to the eligible person who holds the right and is not transferable in any circumstances.
4: The amount of an eligible person's preferential allocation right must be reduced in accordance with the following formula: (a ÷ b) × c = d where— a is the eligible person's current preferential allocation right for the stock (in kilogrammes) b is the total of all preferential allocation rights for the stock (in kilogrammes) c is the lesser of—
a: the amount of the increase in the total allowable commercial catch for the stock (in kilogrammes):
b: the total of all preferential allocation rights for the stock (in kilogrammes) d is the amount of the reduction in the eligible person's preferential allocation right (in kilogrammes).
4A: An eligible person's preferential allocation right expires if the amount of that right equals zero.
4B: An eligible person is not entitled to receive, in the aggregate under subsection (2), quota shares whose quota weight equivalent (calculated at the time of transfer of the relevant shares to the eligible person) exceeds the amount of preferential allocation right held by that person on the commencement of this section or on the date of allocation of quota to that person under section 337
5: If the total allowable commercial catch for any stock is increased but there are no eligible persons in relation to that stock, no deductions or transfers of quota shall be made under this section.
6: The chief executive shall, as soon as practicable after any increase in the total allowable commercial catch for any stock takes effect, cause every quota owner affected by the increase to be notified of—
a: the increased total allowable commercial catch; and
b: any consequential change in the number of the quota shares for that stock owned by that person; and
c: the quota weight equivalent of 1 quota share of the increased total allowable commercial catch.
7: The chief executive shall, as soon as practicable after any reduction in a person's preferential allocation right takes effect, notify the Registrar of Quota for any stock of any quota transfer necessary to give effect to the reduction. 1983 No 14 s 28OE(1)﻿(a), (5) 1990 No 29 s 15 Section 23(3)﻿(a) amended 1 October 2001 section 5(1) Fisheries (Remedial Issues) Amendment Act 2001 Section 23(4) substituted 1 October 2001 section 5(2) Fisheries (Remedial Issues) Amendment Act 2001 Section 23(4A) inserted 1 October 2001 section 5(2) Fisheries (Remedial Issues) Amendment Act 2001 Section 23(4B) inserted 1 October 2001 section 5(2) Fisheries (Remedial Issues) Amendment Act 2001 Quota management areas
24: Quota management areas
1: There shall be a quota management area for every stock to which this Part applies.
2: Subject to section 25
a: in the case of any stock declared by notice under section 18
b: in the case of any species or class of fish, aquatic life, or seaweed that, immediately before the date of commencement of this section, was subject to Part 2A 1983 No 14 s 28B(3), (4) 1986 No 34 s 10
25: Alteration of quota management areas
1: The Governor-General may from time to time, by Order in Council made on the recommendation of the Minister,—
a: alter a quota management area or quota management areas—
i: by dividing an area into smaller quota management areas; or
ii: by amalgamating a quota management area (or defined area or areas within a quota management area) with any adjoining quota management areas (or defined area or areas within any adjoining quota management area); or
iii: by dividing a multi-species stock into 2 or more stocks; or
iv: by amalgamating 2 or more quota management stocks; or
v: by doing any combination of those things:
b: in relation to quota for squid in a quota management area being altered under this section, remove any method restriction applying to that quota:
c: amend Schedule 1
2: The Minister may make a recommendation under subsection (1) if—
a: the Minister complies with section 25A
b: the Minister complies with section 25B
3: Before recommending the alteration of any quota management area under subsection (1), the Minister must—
a: have regard to—
i: non-commercial fishing interests in the affected area; and
ii: the biological characteristics of each stock that would be affected by the recommendation; and
iii: such other matters as the Minister considers relevant; and
b: consult the persons and organisations considered by the Minister to be representative of those classes of persons having an interest in the relevant quota management area, including Maori, recreational, commercial, and environmental interests; and
c: provide for the input and participation of tangata whenua who have—
i: a non-commercial interest in the stock or stocks concerned; or
ii: an interest in the effects of fishing on the aquatic environment in the area or areas concerned; and
d: for the purpose of paragraph (c), have particular regard to kaitiakitanga.
4: The Minister's recommendation under subsection (1) must reflect what is in the quota owners' agreement referred to in section 25A section 25B
5: Every Order in Council made under subsection (1)—
a: comes into force on the commencement of the first day of the fishing year to which it relates; and
b: must be made no fewer than 90 days before it comes into force.
6: When an Order in Council is made under subsection (1), the chief executive must ensure that—
a: a memorial is recorded in the appropriate register against all quota for any stock affected by the alteration; and
b: the memorial is to the effect that the stock will be affected by the alteration.
7: An order under this section is secondary legislation ( see Part 3 The following table is small in size and has 3 columns that are grouped under the heading Legislation Act 2019 requirements for secondary legislation made under this section. Legislation Act 2019 requirements for secondary legislation made under this section Publication PCO must publish it on the legislation website and notify it in the Gazette LA19 s 69(1)﻿(c) Presentation The Minister must present it to the House of Representatives LA19 s 114 cl 32(1)﻿(a) Disallowance It may be disallowed by the House of Representatives LA19 ss 115 116 This note is not part of the Act. Section 25 substituted 1 October 2001 section 10 Fisheries Act 1996 Amendment Act 1999 Section 25(7) inserted 28 October 2021 section 3 Secondary Legislation Act 2021
25A: Alteration of quota management areas with agreement of quota owners
1: The Minister may not recommend the alteration of any quota management area under section 25(1)
a: the purpose of this Act would be achieved better by altering the quota management area or areas; and
b: the alteration would not unduly prejudice any quota owner who—
i: owns quota shares for the stock or stocks in the quota management area or areas concerned; and
ii: is opposed to the alteration; and
c: an agreement that, in the Minister's opinion, satisfactorily addresses the matters set out in subsection (2) has been executed (either as an original or in counterparts) by the quota owners who hold in the aggregate not fewer than 75 000 000 quota shares for each of the stock or stocks for the area or areas being altered; and
d: the quota owners have publicly notified their intention to seek an alteration of the quota management area or areas; and
e: the quota owners have also notified their intention to seek an alteration to—
i: persons who are noted on the Quota Register as having an interest in the quota to which the proposed alteration relates; and
ii: parties to leases or transfers registered on the Transitional Register in respect of quota to which the proposed alteration relates.
2: The agreement must provide for all of the following matters:
a: the boundaries of the proposed quota management area or quota management areas:
b: the species that comprise the stock or stocks after the proposed alteration:
c: the manner in which quota shares are to be apportioned after the alteration:
d: the interests of aggrieved—
i: quota owners who hold quota shares to which the proposed alteration relates; and
ii: parties to leases or transfers registered on the Transitional Register in respect of quota to which the proposed alteration relates:
e: in the case of any alteration to a quota management area or quota management areas for squid, whether any method restriction applying to squid quota should be removed:
f: any other matter required by the Minister to be addressed.
3: The agreement must include provisions to resolve any grievance of a quota owner who holds quota shares in any area affected by the proposed alteration only if required by the Minister. Section 25A inserted 1 October 2001 section 10 Fisheries Act 1996 Amendment Act 1999 Section 25A(1)﻿(e) substituted 1 October 2001 section 6(1) Fisheries (Remedial Issues) Amendment Act 2001 Section 25A(2)﻿(d) substituted 1 October 2001 section 6(2) Fisheries (Remedial Issues) Amendment Act 2001
25B: Alteration of quota management areas without agreement of quota owners
The Minister may recommend the alteration of any quota management area under section 25(1) section 25(2)﻿(a)
a: has approved a plan that provides for all of the following matters:
i: the boundaries of the proposed quota management area or areas:
ii: the species that comprise the stock or stocks after the alteration:
iii: the manner in which quota shares are to be apportioned after the alteration:
iv: in the case of any alteration to a quota management area or areas for squid, whether any method restriction applying to squid quota should be removed; and
b: is satisfied, having considered alternative options, that the alteration as specified in the plan is necessary to ensure sustainability; and
c: has publicly notified his or her intention to recommend the alteration of the quota management area or areas; and
d: has also notified his or her intention to recommend the alteration of the quota management area or areas to—
i: persons who are noted on the Quota Register as having an interest in the quota to which the proposed alteration relates; and
ii: parties to leases or transfers registered on the Transitional Register in respect of quota to which the proposed alteration relates. Section 25B inserted 1 October 2001 section 10 Fisheries Act 1996 Amendment Act 1999 Section 25B(d) substituted 1 October 2001 section 7 Fisheries (Remedial Issues) Amendment Act 2001
26: Effect on quota if quota management area altered
1: This section applies if an order is made under section 25
2: Subject to sections 43 52
a: in accordance with the agreement referred to in section 25A section 25B
b: in the form in which the quota was held immediately before the alteration takes effect.
3: The chief executive must, as soon as practicable after the order is made, cause every quota owner affected by the alteration—
a: to be notified of the number of quota shares (if any) allocated to that person for each new stock and of any other relevant matters; and
b: to be given a schedule setting out the allocation of quota shares to all other quota owners for each new stock.
4: On the close of the last day of the fishing year before the fishing year in which the alteration takes effect, all existing quota affected by an alteration under section 25
5: All preferential allocation rights held under section 23
6: This section does not confer on Te Ohu Kai Moana Trustee Limited section 44 Section 26 substituted 1 October 2001 section 10 Fisheries Act 1996 Amendment Act 1999 Section 26(6) amended 29 November 2004 section 214 Maori Fisheries Act 2004 Definition of rights relating to quota Heading repealed 9 September 1999 section 85(a) Fisheries Act 1996 Amendment Act 1999
27: Characteristics of individual transferable quota
Section 27 repealed 9 September 1999 section 85(a) Fisheries Act 1996 Amendment Act 1999
28: Characteristics of provisional individual transferable quota
Section 28 repealed 9 September 1999 section 85(a) Fisheries Act 1996 Amendment Act 1999
29: Characteristics of provisional catch history
Section 29 repealed 9 September 1999 section 85(a) Fisheries Act 1996 Amendment Act 1999 Basis for allocation of quota Heading inserted 1 October 2004 section 7 Fisheries Amendment Act (No 3) 2004
29A: Basis for allocation of quota
1: Except as provided in this section, quota must be allocated in accordance with section 29B
2: Quota for the following stocks must be allocated on the basis of provisional catch history:
a: any stock or species listed in Schedule 4C Gazette section 17B(5)﻿(b)
b: any stock or species listed in Schedule 4D
c: tuna inside New Zealand fisheries waters:
d: highly migratory species outside New Zealand fisheries waters. Section 29A inserted 1 October 2004 section 7 Fisheries Amendment Act (No 3) 2004
29B: Allocation to Crown and
Te Ohu Kai Moana Trustee Limited
1: After the Minister has declared a stock to be subject to the quota management system (other than a stock specified in section 29A(2)
a: allocate 80 000 000 quota shares to the Crown; and
b: in accordance with section 44 Te Ohu Kai Moana Trustee Limited
2: The allocation takes effect on the first day of the fishing year in respect of which the stock becomes a quota management stock. Section 29B inserted 1 October 2004 section 7 Fisheries Amendment Act (No 3) 2004 Section 29B heading amended 29 November 2004 section 214 Maori Fisheries Act 2004 Section 29B(1)﻿(b) amended 29 November 2004 section 214 Maori Fisheries Act 2004 Provisional catch history
30: Provisional catch history to be mechanism for allocation of quota
Section 30 repealed 1 October 2004 section 8 Fisheries Amendment Act (No 3) 2004
31: Manner of calculating provisional catch history
Section 31 repealed 1 October 2004 section 9 Fisheries Amendment Act (No 3) 2004 Calculation of provisional catch history if no individual catch entitlement
32: Criteria of eligibility to receive provisional catch history for quota management stock
1: If a stock is declared by notice under section 18
a: either,—
i:
ii: was issued a fishing permit under section 2(2)
iii: in the case of any highly migratory species outside New Zealand fisheries waters or tuna inside New Zealand fisheries waters, at any time during any applicable qualifying year,—
A: held a fishing permit or high seas fishing permit issued under section 63 section 91 section 113H
B: in the judgment of the chief executive, held a valid authority to take the stock using a New Zealand ship in the national fisheries jurisdiction of a foreign country; or
iv: in any other case, held, at any time during any applicable qualifying year, a fishing permit issued under section 63 of the Fisheries Act 1983 for any species of fish, aquatic life, or seaweed; and
b: in any case, is not an overseas person or, if an overseas person, either has obtained consent under the overseas investment fishing provisions to acquire provisional catch history or quota or is exempt from the requirement for that consent,— and has provided the chief executive with eligible returns for the stock for the applicable qualifying year or qualifying years.
2: For the purposes of this Part, an eligible return
a: means a lawfully completed catch landing return or a catch, effort, and landing return as referred to in the Fisheries (Reporting) Regulations 2001 Fisheries (Reporting) Regulations 1990
i: in the case of any stock referred to in subparagraph (ii) or subparagraph (iii) of subsection (1)﻿(a), was given to the chief executive on or before the 15th day after the close of each applicable qualifying year; or
ii: in any other case, was given to the chief executive on or before 15 October 1994:
b: includes, in relation to any highly migratory species, any lawfully completed return that—
i: is of a kind required by or under section 113K section 297(1)﻿(ha)
ii: was given to the chief executive on or before the 15th day after the close of each applicable qualifying year, or on or before such later date as may be specified for the purpose by regulations made under section 297(1)﻿(ha) Section 32(1) amended 1 October 2004 section 10(1)﻿(a) Fisheries Amendment Act (No 3) 2004 Section 32(1)﻿(a)﻿(i) repealed 1 October 2004 section 10(1)﻿(b) Fisheries Amendment Act (No 3) 2004 Section 32(1)﻿(a)﻿(iii) substituted 1 October 2004 section 10(2) Fisheries Amendment Act (No 3) 2004 Section 32(1)﻿(b) substituted 25 August 2005 section 75 Overseas Investment Act 2005 Section 32(2) substituted 1 October 2004 section 10(3) Fisheries Amendment Act (No 3) 2004
32A: Application of Part 4 to estate of deceased fishing permit holder
1: Subsections (2) and (3) apply for the purposes of this Part, in relation to any fishing permit other than a fishing permit to which section 63A section 93A
2: The deceased's estate must be treated as the holder of the fishing permit for the purposes of this Part.
3: Where this Part requires that a person, at the date of publication of a notice under section 18
4: In this section, fishing permit section 113H Section 32A inserted 9 September 1999 section 12 Fisheries Act 1996 Amendment Act 1999 Section 32A(4) added 1 October 2004 section 11 Fisheries Amendment Act (No 3) 2004
32B: Expiry of section 32A
Section 32B repealed 1 October 2004 section 12 Fisheries Amendment Act (No 3) 2004
33: Qualifying years
1: For the purposes of this Part, the qualifying year or qualifying years are,—
a: in the case of a person eligible under section 32(1)﻿(a)﻿(ii) section 2(2)
i: the first consecutive 12 months following the date of issue of the fishing permit; or
ii: the fishing years commencing respectively on 1 October 1990 and 1 October 1991:
b: in the case of a person eligible to receive provisional catch history under section 32(1)﻿(a)﻿(iii)
c: in any other case, the fishing years commencing respectively on 1 October 1990 and 1 October 1991.
2: A notice under subsection (1)﻿(b) is secondary legislation ( see Part 3 The following table is small in size and has 3 columns that are grouped under the heading Legislation Act 2019 requirements for secondary legislation made under this section. Legislation Act 2019 requirements for secondary legislation made under this section Publication The maker must publish it in the Gazette LA19 ss 73 74(1)﻿(a) cl 14 Presentation The Minister must present it to the House of Representatives LA19 s 114 cl 32(1)﻿(a) Disallowance It may be disallowed by the House of Representatives LA19 ss 115 116 This note is not part of the Act. Section 33(1)﻿(a) substituted 13 August 2004 section 4 Fisheries Amendment Act (No 2) 2004 Section 33(1)﻿(b) amended 28 October 2021 section 3 Secondary Legislation Act 2021 Section 33(2) inserted 28 October 2021 section 3 Secondary Legislation Act 2021
34: Calculation of provisional catch history
1: The provisional catch history of a person is,—
a: if the qualifying year is the one referred to in section 33(a)﻿(i) section 32(1)﻿(a)﻿(ii)
b: subject to subsection (1A), if section 33(b) section 32(1)﻿(a)﻿(iii)
i: chosen by the person in accordance with section 35(3)﻿(c)﻿(iv)
ii: if the person has not made such a choice, chosen by the chief executive in accordance with section 35(1)﻿(d)
c: in the case of any other person who is eligible to receive provisional catch history under paragraph (a)﻿(i) or paragraph (a)﻿(iv) of section 32(1)
i: chosen by the person in accordance with section 35(3)﻿(c)﻿(iv)
ii: if the person has not made such a choice, chosen by the chief executive in accordance with section 35(1)﻿(d)
1A: Despite subsection (1)﻿(b), the provisional catch history of a person in respect of highly migratory species (other than southern bluefin tuna) taken outside New Zealand fisheries waters—
a: must be calculated in the prescribed manner (if any) in accordance with regulations made under section 297(1)﻿(hb)
b: subject to paragraph (a), is the total weight of eligible catch reported in the person's eligible returns divided by the number of qualifying years.
2: For the purposes of this Part and Part 15 eligible catch section 32
a: fish, aquatic life, or seaweed seized by a fishery officer under section 80 section 207
b: fish, aquatic life, or seaweed, other than highly migratory species Fisheries Act 1983
c: fish, aquatic life, or seaweed (other than fish, aquatic life or seaweed taken by persons granted fishing permits under section 2(2) section 64 Section 34(1)﻿(a) amended 1 October 2004 section 13(1) Fisheries Amendment Act (No 3) 2004 Section 34(1)﻿(b) amended 1 October 2004 section 13(2) Fisheries Amendment Act (No 3) 2004 Section 34(1A) inserted 1 October 2004 section 13(3) Fisheries Amendment Act (No 3) 2004 Section 34(2)﻿(b) amended 1 October 2004 section 13(4) Fisheries Amendment Act (No 3) 2004
35: Notification of eligibility to receive provisional catch history
1: The chief executive shall, as soon as practicable after the publication of a notice under section 18
a: decide whether, in the chief executive's opinion, a person is eligible to be allocated provisional catch history in accordance with this Act; and
b: if the person is eligible to be allocated provisional catch history, determine whether, in the chief executive's opinion, the person is eligible to be allocated quota under section 47
i: in the case of a stock that was a controlled fishery as at the date of the publication of the notice declaring the stock to be subject to the quota management system, the person was a holder of both a controlled fishery licence for that stock and a current fishing permit; or
ii: in any other case,—
A: the person was a holder of a fishing permit as at the date of the publication of the notice declaring the stock to be subject to the quota management system; and
B: the person is not an overseas person or, if an overseas person, either has obtained consent under the overseas investment fishing provisions to acquire provisional catch history or quota or is exempt from the requirement for that consent; and
c: if section 33(a)﻿(i)
d: if paragraph (a)﻿(ii) or section 33
2: The chief executive shall, as soon as practicable after deciding or determining the matters referred to in subsection (1), notify in writing every person whom the chief executive considers to be eligible for provisional catch history of the following matters:
a: the chief executive's decisions and determinations in respect of that person under subsection (1):
b: the applicable qualifying years for the stock for which that person is eligible to receive provisional catch history:
c: the eligible catch of that person for each month of the applicable qualifying years:
d: the rights conferred by subsection (4):
e: the date on which the notice under this section is issued:
ea: the date by which objections must be lodged (which date must be at least 60 working days after the date specified under paragraph (e)):
f: such other matters as the chief executive thinks relevant.
3: Within 10 working days after the date specified in subsection (2)﻿(e), the chief executive must publicly notify—
a: that eligibility for provisional catch history for the stock has been determined and notified under subsection (2); and
b: the location where information on the criteria of eligibility for an allocation of provisional catch history and quota can be found; and
c: the location where information on the process for notifying the chief executive of an objection to the non-allocation of provisional catch history can be found; and
d: the date by which a person to whom subsection (5) applies must lodge their notification under that subsection with the chief executive.
4: Any person notified in accordance with subsection (2) may, on or before the date specified in the notice,—
a: lodge with the chief executive in the approved form an objection giving reasons for the objection—
i: as to the quantum of eligible catch stated in the notice; or
ii: as to the chief executive's opinion that the person will not be eligible to receive an allocation of quota; and
b:
5: Any person who has not received a notification under subsection (2), but who believes that the person is or will be—
a: entitled to receive provisional catch history; or
b: entitled to receive quota,— under this Act, may, on or before the date specified in the public notification referred to in subsection (3), notify the chief executive on the approved form of—
c: the grounds for the belief; and
d: if the qualifying years are those set out in paragraph (b) or paragraph (c) of section 33
6:
7: Section 35(1)﻿(b)﻿(ii)﻿(B) substituted 25 August 2005 section 75 Overseas Investment Act 2005 Section 35(1)﻿(c) amended 1 October 2004 section 14(1)﻿(a) Fisheries Amendment Act (No 3) 2004 Section 35(1)﻿(d) amended 1 October 2004 section 14(1)﻿(b) Fisheries Amendment Act (No 3) 2004 Section 35(2)﻿(e) substituted 23 June 1998 section 10(1) Fisheries (Remedial Issues) Amendment Act 1998 Section 35(2)﻿(ea) inserted 23 June 1998 section 10(1) Fisheries (Remedial Issues) Amendment Act 1998 Section 35(3) substituted 1 October 2004 section 14(2) Fisheries Amendment Act (No 3) 2004 Section 35(3)﻿(a) substituted 27 March 2008 section 6 Fisheries Amendment Act 2008 Section 35(4)﻿(b) amended 1 October 2004 section 14(3) Fisheries Amendment Act (No 3) 2004 Section 35(6) repealed 1 October 2004 section 14(4) Fisheries Amendment Act (No 3) 2004 Section 35(7) repealed 1 July 2000 section 6 Fisheries Amendment Act 2000
35A: Amendment of notification of eligibility to receive provisional catch history
1: If the Minister amends a declaration under section 19(5A)
a: decide or determine the matters in section 35(1)
b: revoke a notice issued under section 35(2)
c: revoke a notice published under section 35(3)
d: issue a new notice under section 35(2)
e: publish a new notice under section 35(3)
2: If the chief executive revokes a notice under subsection (1)﻿(b),—
a: the chief executive must notify, in writing, the person who was issued the notice of—
i: the revocation; and
ii: the reasons for the revocation; and
b: all objections lodged under section 35(4)
3: If the chief executive revokes a notice under subsection (1)﻿(c),—
a: the chief executive must publicly notify—
i: the revocation; and
ii: the reasons for the revocation; and
b: all notifications received under section 35(5) Section 35A inserted 9 September 1999 section 13 Fisheries Act 1996 Amendment Act 1999
36: Notification of allocation of provisional catch history
1: As soon as practicable after the specified date referred to in section 35(2)﻿(ea)
a: complete his or her determination of any objection or notification received under section 35
b: in the case of any person whom the chief executive considers to be eligible to receive provisional catch history for a stock, allocate the amount of such provisional catch history as the chief executive considers the person is eligible to receive:
c: notify the person concerned,—
i: in the case of any person whom the chief executive considers to be eligible to receive provisional catch history for a stock, of the allocation and the amount of provisional catch history; and
ii: in all cases, of the result of any determination under paragraph (a).
2: Every notification under subsection (1) shall be sent to the person's last known address and shall state—
a: both—
i: the person's right to appeal under section 51(1)﻿(b)
ii: that the appeal must be lodged not later than the date specified for the purpose in the notice; and
b: if the chief executive considers under section 35(1)﻿(b)
c: if the chief executive considers, under section 35(1)﻿(b)﻿(ii)﻿(B)
i: the person's right to appeal under section 51(1)﻿(b)
ii: that any appeal to the Catch History Review Committee or application for a declaration to the High Court must be lodged not later than the date specified under paragraph (a)﻿(ii).
3: The date referred to in paragraphs (a)﻿(ii) and (c)﻿(ii) of subsection (2) and specified in a notification under subsection (1) shall be not less than 60 working days after the date of the notification.
4: As soon as practicable after notifying persons under subsection (1), the chief executive shall notify the Registrar of Quota of—
a: the amount of provisional catch history the chief executive has allocated to each person; and
b: the name of every person allocated provisional catch history for the stock who the chief executive believes is not eligible to receive quota.
5: As soon as practicable after the specified date referred to in subsection (2)﻿(c)﻿(ii), the chief executive shall notify the Registrar of Quota of whether any person or the chief executive has appealed to the Catch History Review Committee under section 51 Section 36(1) amended 1 October 2001 section 6 Fisheries Amendment Act 2001 Section 36(1)﻿(a) amended 23 June 1998 section 11 Fisheries (Remedial Issues) Amendment Act 1998
37: Transfer of provisional catch history
1: Provisional catch history in respect of any stock, other than a stock to which section 40
a: the transferor is not eligible to receive quota for the stock; and
b: the transferee complies with section 45(a) and (b)
c: any appeal against the amount of provisional catch history for the stock allocated to the transferor has been finally determined or withdrawn; and
d: the transfer takes effect during the transfer period and the chief executive
e: the transfer is for an amount of provisional catch history expressed in whole kilogrammes.
2: For the purposes of subsections (1) and (3), the transfer period is—
a: the transfer period referred to in section 36(2)﻿(b)
b: a period of 20 working days commencing on the later of the following:
i: the day following the date of the final determination or withdrawal of any appeal in respect of the provisional catch history being transferred:
ii: if section 54(1)﻿(b)
3: If provisional catch history for any stock is allocated to any person who is not eligible to receive quota under section 45 chief executive
4: A transferee shall lodge a copy of the transfer, together with the prescribed fee (if any) with the Registrar of Quota and the Registrar shall record the transfer in the register and shall notify the chief executive, the transferor, and the transferee accordingly. Section 37(1)﻿(b) substituted 1 October 2001 section 7(1) Fisheries Amendment Act 2001 Section 37(1)﻿(d) amended 9 September 1999 section 90(2) Fisheries Act 1996 Amendment Act 1999 Section 37(3) amended 9 September 1999 section 90(2) Fisheries Act 1996 Amendment Act 1999
38: Disputes about transfer of provisional catch history
Section 38 repealed 1 October 2004 section 15 Fisheries Amendment Act (No 3) 2004 Allocation of provisional catch history based on individual catch entitlement Heading repealed 1 October 2004 section 15 Fisheries Amendment Act (No 3) 2004
39: Criteria of eligibility to receive provisional catch history for stock controlled by individual catch entitlement
Section 39 repealed 1 October 2004 section 15 Fisheries Amendment Act (No 3) 2004
40: Calculation of provisional catch history based on individual catch entitlement
Section 40 repealed 1 October 2004 section 15 Fisheries Amendment Act (No 3) 2004
41: Notification of eligibility to receive provisional catch history on basis of individual catch entitlement
Section 41 repealed 1 October 2004 section 15 Fisheries Amendment Act (No 3) 2004 Allocation of quota
42: Quota to be expressed in shares
Quota for any stock shall be expressed as shares that are whole numbers, and—
a: the sum of that quota shall be 100 000 000 shares for each stock; and
b: the value of 1 share is equal to one hundred-millionth of the total allowable commercial catch for the stock. 1983 No 14 s 28O(2) 1986 No 34 s 10
43: Rounding of amounts or shares
If the chief executive allocates a number of quota shares to any person or increases or decreases the number of quota shares held by any person under this Act, the chief executive may round up or round down the number of quota shares consequently held by that person to ensure that—
a: the sum of quota shares for the stock is always 100 000 000; and
b: no person holds a part of a quota share.
44: Te Ohu Kai Moana Trustee Limited
1: The chief executive shall allocate to Te Ohu Kai Moana Trustee Limited Gazette section 18
2: section 29B section 47
3: Section 44 heading amended 29 November 2004 section 214 Maori Fisheries Act 2004 Section 44(1) amended 29 November 2004 section 214 Maori Fisheries Act 2004 Section 44(2) amended 1 October 2004 section 16(a) Fisheries Amendment Act (No 3) 2004 Section 44(2) amended 1 October 2004 section 16(b) Fisheries Amendment Act (No 3) 2004 Section 44(3) repealed 1 October 2004 section 16(c) Fisheries Amendment Act (No 3) 2004
45: Criteria of eligibility to receive quota
A person is eligible to receive quota for any stock declared by notice in the Gazette section 18
a: at the date of the publication of the notice is—
i: a holder of a fishing permit or a high seas fishing permit (or, in the judgment of the chief executive, a person holding a valid authority to fish in the national fisheries jurisdiction of a foreign country; or
ii: in the case of a stock that was a controlled fishery on the date of the publication of the notice, a holder of both a controlled fishery licence for the stock and a fishing permit ; or
iii: the estate of a fishing permit holder to which section 32A
b: is not an overseas person or, if an overseas person, either has obtained consent under the overseas investment fishing provisions to acquire provisional catch history or quota or is exempt from the requirement for that consent; and
c: has obtained for the stock, whether by an allocation or a transfer in accordance with this Act, provisional catch history that is recorded in that person's name in the Quota Register. Section 45(a)﻿(i) substituted 1 October 2004 section 17 Fisheries Amendment Act (No 3) 2004 Section 45(a)﻿(ii) amended 9 September 1999 section 16(1) Fisheries Act 1996 Amendment Act 1999 Section 45(a)﻿(iii) added 9 September 1999 section 16(2) Fisheries Act 1996 Amendment Act 1999 Section 45(b) substituted 25 August 2005 section 75 Overseas Investment Act 2005
46: Withholding of quota for non-payment of cost recovery levies or deemed values
If a fishing permit or high seas fishing permit Part 14 Section 46 amended 1 October 2004 section 18 Fisheries Amendment Act (No 3) 2004
47: Allocation of quota on basis of provisional catch history
1: section 36(3) section 41(2) section 43
a: the number of shares the quota weight equivalent of which is equivalent to the person's provisional catch history for the stock:
b: the number of shares that bears the same proportion to the 80 000 000 shares of quota available for allocation for the stock as the person's provisional catch history bears to the total provisional catch history held by persons who are eligible to receive quota for the stock.
1A: If the total allowable commercial catch for a stock is equal to zero, then the amount of provisional individual transferable quota or individual transferable quota to be allocated under subsection (1) must be determined in accordance with subsection (1)﻿(b).
2: If an appeal has been lodged in respect of a person's provisional catch history and that person is eligible to receive quota for that stock, then the quota allocated to that person shall be provisional individual transferable quota.
3: Except as provided in subsection (2), the quota allocated shall be individual transferable quota.
4: After the allocation of quota under subsection (1), the chief executive shall notify the Registrar of Quota, in respect of each person eligible to receive quota, of the amount of individual transferable quota, or provisional individual transferable quota, as the case may be, the chief executive has allocated to that person.
5: The provisional catch history—
a: held by every person who is allocated individual transferable quota under subsection (1); and
b: registered in that person's name on the date of allocation— shall, on and from that date, be conclusive and shall be permanently fixed for all purposes.
6: Any quota allocated under this section shall take effect on and from the first day of the fishing year in which that stock becomes a quota management stock. Section 47(1) amended 1 October 2004 section 19(1)﻿(a) Fisheries Amendment Act (No 3) 2004 Section 47(1) amended 1 October 2004 section 19(1)﻿(b) Fisheries Amendment Act (No 3) 2004 Section 47(1) amended 1 July 2000 section 9 Fisheries Amendment Act 2000 Section 47(1A) inserted 1 October 2004 section 19(2) Fisheries Amendment Act (No 3) 2004
48: Notification of allocation of quota
1: At any time after the allocation of quota under section 47 Te Ohu Kai Moana Trustee Limited
a: the total allowable catch for that stock; and
b: the total allowable commercial catch for that stock; and
c: the number of quota shares in that stock that has been allocated to that person; and
d: the quota weight equivalent of 1 quota share for that stock.
2: Section 48(1) amended 29 November 2004 section 214 Maori Fisheries Act 2004 Section 48(2) repealed 1 October 2004 section 20 Fisheries Amendment Act (No 3) 2004
49: Unallocated total allowable commercial catch to be held by Crown
1: Immediately after quota is allocated under section 44 section 47
a: in the form of provisional individual transferable quota; or
b: if no appeals under section 51
2: After the allocation of quota under subsection (1), the chief executive shall notify the Registrar of Quota of the amount of individual transferable quota, or provisional individual transferable quota, as the case may be, allocated to the Crown.
3: Quota allocated to the Crown under subsection (1)﻿(a) shall be held as unencumbered provisional individual transferable quota until all disputes of a kind referred to in subsection (1)﻿(b) and
4: When any quota for a Chatham Islands quota management area, created in accordance with section 19 Section 49 amended 23 June 1998 section 13 Fisheries (Remedial Issues) Amendment Act 1998 Section 49(1)﻿(b) substituted 1 October 2004 section 21 Fisheries Amendment Act (No 3) 2004 Section 49(3) amended 23 June 1998 section 13 Fisheries (Remedial Issues) Amendment Act 1998
49A: Surrender of quota to Crown
Any owner of quota who does not also hold any fishing permit, high seas fishing permit, licence, vessel registration, or approval under this Act may, if the quota is not subject to any caveat, mortgage, or other interest registered on the quota register (other than a settlement quota interest) Section 49A inserted 1 October 2004 section 22 Fisheries Amendment Act (No 3) 2004 Section 49A amended 29 November 2004 section 214 Maori Fisheries Act 2004
50: Rights of Crown in relation to quota
1: Without limiting any other provision of this Act, the chief executive may, on behalf of the Crown,—
a: purchase any individual transferable quota or provisional catch history:
b: hold any quota allocated or acquired, or any provisional catch history, without being obliged to offer it to any person:
c: transfer any individual transferable quota or provisional catch history held by or on behalf of the Crown:
d: cancel any provisional catch history held by the Crown (and notify the Registrar accordingly).
1A: Despite subsection (1), if settlement quota is held by the Crown as a result of forfeiture under this Act, the chief executive must, as soon as practicable after the date of forfeiture, endeavour to sell the quota to Te Ohu Kai Moana Trustee Limited or to 1 or more mandated iwi organisations in accordance with sections 161 163
1B: If, within 18 months of the date of forfeiture, all of the settlement quota referred to in subsection (1A) has not been sold by the Crown in accordance with sections 161 163
1C: If settlement quota is transferred by the chief executive under subsection (1B), Te Ohu Kai Moana Trustee Limited must pay to the Crown a sum equivalent to the total of the cost recovery levies paid by the Crown in respect of the settlement quota for the period that the quota was held by the Crown.
2: Subject to this Act, if unencumbered quota or interests in quota are owned by or on behalf of the Crown, the Crown shall have all the rights and obligations that would be enjoyed by any owner of such quota or interest in quota other than the Crown. 1983 No 14 s 28U(1), (3) 1989 No 159 s 65 1992 No 121 s 27 Section 50(1) substituted 1 October 2001 section 14 Fisheries (Remedial Issues) Amendment Act 1998 Section 50(1) substituted 1 October 2001 section 14 Fisheries (Remedial Issues) Amendment Act 1998 Section 50(1A) inserted 29 November 2004 section 214 Maori Fisheries Act 2004 Section 50(1B) inserted 29 November 2004 section 214 Maori Fisheries Act 2004 Section 50(1C) inserted 29 November 2004 section 214 Maori Fisheries Act 2004 Special provisions relating to allocation of quota for certain Schedule 4 stocks Heading repealed 1 October 2004 section 23(1) Fisheries Amendment Act (No 3) 2004
50A: Notification of allocation of provisional catch history
Section 50A repealed 1 October 2004 section 23(1) Fisheries Amendment Act (No 3) 2004
50B: Allocation of quota on basis of provisional catch history
Section 50B repealed 1 October 2004 section 23(1) Fisheries Amendment Act (No 3) 2004
50C: Notification of allocation of quota
Section 50C repealed 1 October 2004 section 23(1) Fisheries Amendment Act (No 3) 2004
50D: Quota holders may offer individual transferable quota to the Crown
Section 50D repealed 1 October 2004 section 23(1) Fisheries Amendment Act (No 3) 2004
50E: Chief executive to determine whether more than 80 000 000 quota shares held by other quota owners
Section 50E repealed 1 October 2004 section 23(1) Fisheries Amendment Act (No 3) 2004
50F: Crown acquisition of quota where more than 80 000 000 quota shares held by other quota owners
Section 50F repealed 1 October 2004 section 23(1) Fisheries Amendment Act (No 3) 2004
50G: Compensation for reduction of quota
Section 50G repealed 1 October 2004 section 23(1) Fisheries Amendment Act (No 3) 2004 Appeals
51: Rights of appeal
1: Any person, including the chief executive, may, subject to subsection (3) and on or before the date specified for the purpose in the relevant notice under section 36
a:
b: in any
i: a decision of the chief executive to the effect that the person is or is not eligible to receive provisional catch history under section 32(1)﻿(a) or high seas fishing permit (or authorisation referred to in section 45(a)﻿(i)
ii: a decision of the chief executive to the effect that the person has, or does not have, eligible catch in the qualifying year or years entitling the person to be allocated provisional catch history; or
iii: a decision of the chief executive as to the quantum of eligible catch reported in any eligible returns made by any person eligible to receive provisional catch history, on the ground that—
A: the information on the relevant returns held by the chief executive has been incorrectly recorded by the chief executive; or
B: the chief executive has excluded fish, aquatic life, or seaweed that was lawfully taken and lawfully reported in eligible returns from the person's eligible catch; or
iv: a decision of the chief executive to the effect that the person is or is not eligible to be allocated quota under paragraph (b)﻿(i) or paragraph (b)﻿(ii)﻿(A) of section 35(1) or high seas fishing permit (or authorisation referred to in section 45(a)﻿(i) section 18
v: an allocation of provisional catch history that is different from the amount to which the person is entitled under section 34
2: Any person notified by the chief executive under section 36(1)﻿(c)﻿(ii) section 32(1)﻿(b)
a: apply to the High Court for a declaration as to whether that person is, or is not, an overseas person; and
b: appeal to the Committee against the chief executive's decision and any other relevant action referred to in subsection (1).
3: Any appeal lodged under this section shall be in the approved form and shall be available to the public once received by the Committee, but the Committee may—
a: delete information that it considers commercially sensitive:
b: make copies of the appeal available on payment of a reasonable charge. Section 51(1) amended 1 October 2004 section 24(1)﻿(a) Fisheries Amendment Act (No 3) 2004 Section 51(1)﻿(a) repealed 1 October 2004 section 24(1)﻿(b) Fisheries Amendment Act (No 3) 2004 Section 51(1)﻿(b) amended 1 October 2004 section 24(1)﻿(c) Fisheries Amendment Act (No 3) 2004 Section 51(1)﻿(b)﻿(i) amended 1 October 2004 section 24(1)﻿(d) Fisheries Amendment Act (No 3) 2004 Section 51(1)﻿(b)﻿(iv) amended 1 October 2004 section 24(1)﻿(d) Fisheries Amendment Act (No 3) 2004 Section 51(2) amended 1 October 2004 section 24(2)﻿(a) Fisheries Amendment Act (No 3) 2004 Section 51(2) amended 1 October 2004 section 24(2)﻿(b) Fisheries Amendment Act (No 3) 2004
52: Effect of decision to alter provisional catch history
1: The chief executive
a: the Catch History Review Committee releases a decision; or
b: any court on review of any decision of the Committee makes an order in respect of any appeal,—
c: adjust the entry in the appropriate register for the provisional catch history of the person concerned in such manner as may be necessary to give full effect to the decision or to the order.
2: Except as provided in subsection (3), subsection (1) does not require the chief executive
3: Subject to section 54
a: transfer the person's provisional individual transferable quota for the relevant stock (if any) to the Crown, and that transferred quota shall be held as unencumbered provisional individual transferable quota; and
b: calculate, in the manner set out in section 53
c: either,—
i: if the Crown has sufficient unencumbered provisional individual transferable quota to satisfy the person's entitlement to individual transferable quota for the stock, transfer to the person in the form of individual transferable quota such amount of its own provisional individual transferable quota as is sufficient to satisfy that entitlement; or
ii: if the Crown does not have sufficient unencumbered provisional individual transferable quota to satisfy the person's entitlement to individual transferable quota for the stock, deduct from all
d: if any appeals result in persons being entitled to less individual transferable quota than the amount of provisional individual transferable quota that was transferred to the Crown under paragraph (a) and quota for that stock was allocated under section 47(1)﻿(b)
i: calculate, on a pro rata basis, for all persons (other than persons subject to the appeals and Te Ohu Kai Moana Trustee Limited section 47(1)﻿(b) section 53(1)
ii: after making the calculation in subparagraph (i), allocate to all persons (other than the persons subject to the appeals and Te Ohu Kai Moana Trustee Limited section 47(1)﻿(b) owned and continue to be registered on the Quota Register as the owner of
iii: if any quota remains after allocation under subparagraph (ii) as a result of ineligibility of persons who have not continuously owned and continue to be registered on the Quota Register as the owner of Te Ohu Kai Moana Trustee Limited section 47(1)﻿(b) owned and continue to be registered on the Quota Register as the owner of section 53(1)
4: Subject to section 54 section 47
a: calculate, in the manner set out in section 53
b: either,—
i: if the Crown has sufficient unencumbered provisional individual transferable quota to satisfy the person's entitlement to individual transferable quota for the stock, transfer to the person in the form of individual transferable quota such amount of its own provisional individual transferable quota as is sufficient to satisfy that entitlement; or
ii: if the Crown does not have sufficient unencumbered provisional individual transferable quota to satisfy the person's entitlement to individual transferable quota for the stock, deduct from all
c:
4A: Any quota remaining unallocated under subsection (3)﻿(d) section 49
5: If the provisional catch history of more than 1 person has been adjusted under this section, then, in taking the steps set out in subsection (3) or subsection (4), the chief executive shall (so far as is possible) take those steps simultaneously in respect of all such persons.
6: The provisional catch history of every person whose provisional catch history has been finalised and registered under subsection (1) shall, on and from the date of registration, be conclusive and shall be permanently fixed for all purposes.
7: For the purposes of this section, a person registered as the owner of provisional individual transferable quota by virtue of section 162 Section 52(1) amended 9 September 1999 section 90(2) Fisheries Act 1996 Amendment Act 1999 Section 52(1)﻿(b) amended 1 October 2004 section 25(1) Fisheries Amendment Act (No 3) 2004 Section 52(1)﻿(c) repealed 1 October 2004 section 25(1) Fisheries Amendment Act (No 3) 2004 Section 52(2) amended 9 September 1999 section 90(2) Fisheries Act 1996 Amendment Act 1999 Section 52(3)﻿(c)﻿(ii) amended 29 September 2000 section 3(1) Fisheries Act 1996 Amendment Act (No 2) 1999 Section 52(3)﻿(d) substituted 29 September 2000 section 3(2) Fisheries Act 1996 Amendment Act (No 2) 1999 Section 52(3)﻿(d)﻿(i) amended 29 November 2004 section 214 Maori Fisheries Act 2004 Section 52(3)﻿(d)﻿(ii) amended 29 November 2004 section 214 Maori Fisheries Act 2004 Section 52(3)﻿(d)﻿(ii) amended 26 May 2001 section 8(1) Fisheries (Remedial Issues) Amendment Act 2001 Section 52(3)﻿(d)﻿(iii) amended 29 November 2004 section 214 Maori Fisheries Act 2004 Section 52(3)﻿(d)﻿(iii) amended 26 May 2001 section 8(2) Fisheries (Remedial Issues) Amendment Act 2001 Section 52(4) amended 1 October 2004 section 25(2)﻿(a) Fisheries Amendment Act (No 3) 2004 Section 52(4)﻿(b) amended 1 October 2004 section 25(2)﻿(b) Fisheries Amendment Act (No 3) 2004 Section 52(4)﻿(b)﻿(ii) amended 29 September 2000 section 3(3)﻿(a) Fisheries Act 1996 Amendment Act (No 2) 1999 Section 52(4)﻿(c) repealed 1 October 2004 section 25(2)﻿(b) Fisheries Amendment Act (No 3) 2004 Section 52(4A) inserted 29 September 2000 section 3(4) Fisheries Act 1996 Amendment Act (No 2) 1999 Section 52(4A) amended 1 October 2004 section 25(3) Fisheries Amendment Act (No 3) 2004 Section 52(7) added 26 May 2001 section 8(4) Fisheries (Remedial Issues) Amendment Act 2001
53: Calculation of entitlement to quota following appeal
1: Every person entitled to receive a transfer of individual transferable quota under section 52
a: an amount of individual transferable quota for the stock concerned equivalent to the number of shares the person would have received under section 47
b: an amount of shares equal to any shares that would have been transferred by the chief executive under section 22(1) section 47 section 53(1)﻿(a)
2: If—
a: any person is entitled to receive a transfer of individual transferable quota under section 52
b: the quota management area for that stock has been altered under section 25 the person is entitled to a transfer of the amount of quota for the new quota management area, calculated in accordance with subsection (1) or subsection (3), as the case may be, section 52
3: Section 53(1) substituted 29 September 2000 section 4 Fisheries Act 1996 Amendment Act (No 2) 1999 Section 53(2) amended 1 July 2000 section 12(1) Fisheries Amendment Act 2000 Section 53(3) repealed 1 October 2004 section 26 Fisheries Amendment Act (No 3) 2004
54: Allocation of quota if proceedings determined late in fishing year
1: If any proceedings to which this Part applies that are before the Catch History Review Committee or any court are determined less than 90 days before the last day of a fishing year,—
a: any person who is eligible to receive quota may request the chief executive to transfer individual transferable quota to the person in accordance with section 52
b: any person who is not eligible to receive quota may transfer that person's provisional catch history in accordance with section 37 section 52
2: In any case to which subsection (1) applies, neither the person nor the transferee shall have any right of appeal or review in respect of the proceedings so determined or in respect of the person's eligibility or the quantum of provisional catch history for any stock, and the person's provisional catch history so determined or the transferred provisional catch history shall thereupon be conclusive and shall be permanently fixed for all purposes at the level then recorded in the Quota Register.
3: The chief executive is not obliged to transfer any quota or provisional catch history under subsection (1) if the time allowed for filing an appeal or review has not expired.
55: Determination or order not to affect quota allocated
to Te Ohu Kai Moana Trustee Limited None of the following, namely, any—
a: determination of the Catch History Review Committee; or
b: order of any court, where the order
c: transfer of quota by the chief executive for the purposes of giving effect to any such determination or order— shall affect any quota allocated to Te Ohu Kai Moana Trustee Limited section 44 (or part of such quota) Te Ohu Kai Moana Trustee Limited Section 55 heading amended 29 November 2004 section 214 Maori Fisheries Act 2004 Section 55 amended 29 November 2004 section 214 Maori Fisheries Act 2004 Section 55 amended 1 October 2000 section 5 Fisheries Act 1996 Amendment Act (No 2) 1999 Section 55(b) amended 1 October 2004 section 27 Fisheries Amendment Act (No 3) 2004 Overseas investment in and aggregation of quota Heading substituted 25 August 2005 section 73 Overseas Investment Act 2005
56: Purpose of overseas investment fishing provisions
The purpose of the overseas investment fishing provisions is to acknowledge that it is a privilege for overseas persons to own or control interests in fishing quota by—
a: requiring overseas investments in fishing quota, before being made, to meet criteria for consent; and
b: imposing conditions on those overseas investments. Section 56 substituted 25 August 2005 section 73 Overseas Investment Act 2005
57: Overview of overseas investment fishing provisions
1: The general scheme and effect of the provisions governing overseas investments in fishing quota are as follows:
a: their interpretation is covered by section 57A Part 1
b: when consent is required and the criteria for consent are stated in sections 57B to 57I
c: the procedure for obtaining consent and imposing conditions of consent is set out in subpart 2
d: who administers those provisions is set out in section 57J subpart 3
e: the regulator's information-gathering subpart 4
f: enforcement matters, including offences, penalties, and the court's powers to make orders for effective enforcement, are set out in subpart 5 sections 57K to 58B
g: regulations may be made under subpart 6
2: This section is a guide only to the general scheme and effect of those provisions. Section 57 substituted 25 August 2005 section 73 Overseas Investment Act 2005 Section 57(1)﻿(e) amended 22 October 2018 section 50(2) Overseas Investment Amendment Act 2018
57A: Interpretation of overseas investment fishing provisions
1: In sections 56 to 58B interest in fishing quota
a: provisional catch history, quota, or annual catch entitlement; or
b: an interest in that provisional catch history, quota, or annual catch entitlement overseas investment fishing provisions sections 56 to 58B overseas investment in fishing quota section 57D relevant Ministers
2: In relation to the overseas investment fishing provisions,—
a: the Overseas Investment Act 2005 this Act
b: any term or expression that is defined in the Overseas Investment Act 2005
c: a term or expression that is defined in this Act and that is used in those provisions (and is not defined in the Overseas Investment Act 2005 Section 57A replaced 25 August 2005 section 73 Overseas Investment Act 2005 Section 57A(2)﻿(b) replaced 16 June 2020 section 60 Overseas Investment (Urgent Measures) Amendment Act 2020
57B: Consent required for overseas investments in fishing quota
A transaction requires consent under the overseas investment fishing provisions if it will result in an overseas investment in fishing quota. Section 57B inserted 25 August 2005 section 73 Overseas Investment Act 2005
57C: Consent must be obtained before overseas investment given effect
1: Consent must be obtained for a transaction before the overseas investment is given effect under the transaction.
2: The procedure for obtaining consent (including who must obtain consent) is set out in subpart 2 Section 57C inserted 25 August 2005 section 73 Overseas Investment Act 2005
57D: What are overseas investments in fishing quota
An overseas investment in fishing quota
a: an interest in fishing quota; or
b: rights or interests in securities of a person ( A section 12(1)﻿(b)﻿(i) to (iii) Section 57D inserted 25 August 2005 section 73 Overseas Investment Act 2005 Section 57D(b) replaced 16 June 2020 section 61 Overseas Investment (Urgent Measures) Amendment Act 2020
57E: Approach to criteria for consent
1: The relevant Ministers, in considering whether or not to grant consent to an overseas investment transaction under the overseas investment fishing provisions,—
a: must have regard to only the criteria and factors that apply under the overseas investment fishing provisions (subject to this section); and
b: may consult with any other person or persons, as the Ministers consider appropriate; and
c: must grant consent if satisfied that all of the criteria in section 57G
d: must decline to grant consent if not satisfied that all of the criteria in section 57G
2: For a transaction that is in more than 1 category of overseas investment under this Act and the Overseas Investment Act 2005
3: However, if the criteria are the same, the relevant Ministers only need to consider the same criteria once (and not consider them under each relevant category). Section 57E inserted 25 August 2005 section 73 Overseas Investment Act 2005
57F: Who are relevant overseas persons, and individuals with control, for overseas investments
1: The relevant Ministers may determine which 1 or more of the following persons is the relevant overseas person
a: the person making the overseas investment ( A
b: any associate of A in relation to the overseas investment.
2: The relevant Ministers may determine which 1 or more of the following categories of persons are the individuals with control of the relevant overseas person
a: the individual or individuals who each have a more than 25%
b: the member or members of the governing body of the relevant overseas person:
c: the individual or body of individuals who the Ministers consider to have that control (whether directly or indirectly). Section 57F inserted 25 August 2005 section 73 Overseas Investment Act 2005 Section 57F(2)﻿(a) amended 16 June 2020 section 62 Overseas Investment (Urgent Measures) Amendment Act 2020
57G: Criteria for overseas investments in fishing quota
The criteria for an overseas investment in fishing quota are all of the following:
a: the investor test is met:
b: the overseas investment will, or is likely to, benefit New Zealand (or any part of it or group of New Zealanders) to the extent required by section 16A(1A) section 57H
c: if the overseas investment in fishing quota is a transaction of national interest, the Minister has not declined consent to the transaction ( see section 20C
d: the interest in fishing quota is capable of being registered in the Quota Register or the Annual Catch Entitlement Register. Section 57G replaced 24 November 2021 section 38 Overseas Investment Amendment Act 2021
57H: Factors for determining whether or not overseas investment in fishing quota will, or is likely to, benefit New Zealand
What are the factors
1: The factors for assessing the benefit of overseas investments in fishing quota are whether the overseas investment will, or is likely to,—
a: result in economic benefits for New Zealand (for example, the creation and retention of jobs, introduction of technology or business skills, increased export receipts, increased processing in New Zealand of fish, aquatic life, or seaweed, or a reduced risk of illiquid assets):
b: result in benefits to the natural environment (for example, protection of indigenous fish or mitigation of environmental impacts by innovations in fishing technologies):
c: give effect to or advance a significant Government policy:
d: involve oversight of, or participation in, the overseas investment and any relevant overseas person by persons who are not overseas persons:
e: result in other consequential benefits to New Zealand. How factors must be considered
2: Section 17(2) Section 57H replaced 24 November 2021 section 38 Overseas Investment Amendment Act 2021
57I: Applying good character and
Immigration Act 2009 Section 57I repealed 22 March 2021 section 63(4) Overseas Investment (Urgent Measures) Amendment Act 2020
57J: Who administers overseas investment fishing provisions
The regulator as defined in section 30 sections 57K to 58B Section 57J inserted 25 August 2005 section 73 Overseas Investment Act 2005
57K: No person in breach becomes entitled to provisional catch history
An overseas person that does not obtain consent when required under the overseas investment fishing provisions has no entitlement to be allocated provisional catch history, and any provisional catch history allocated must be cancelled by the chief executive. Section 57K inserted 25 August 2005 section 73 Overseas Investment Act 2005
58: Interest in fishing quota that is overseas investment in fishing quota to be forfeit
1: This section applies if the chief executive believes on reasonable grounds that a person ( A
2: The chief executive—
a: may direct that a caveat be registered in the appropriate register under Part 8
b: must give A a written notice of forfeiture that complies with subsection (3).
3: A notice of forfeiture must—
a: state that the interest in fishing quota that has been obtained without consent under the overseas investment fishing provisions will be forfeited to the Crown without compensation unless A applies to the High Court for a declaration as to whether A is an overseas person; and
b: state the period, which must not be less than 60 clear days after the notice is given, for A to make the application.
4: A caveat that is directed to be registered under subsection (2)﻿(a) must remain on the register until removed by direction of the chief executive or order of the court pursuant to an application by A for a declaration under subsection (3)﻿(a).
5: If A fails to apply for a declaration within the time stipulated in the notice, the relevant interest in fishing quota is forfeit to the Crown without compensation at the end of that period. Section 58 substituted 25 August 2005 section 73 Overseas Investment Act 2005
58A: Powers of court on application for declaration under section 58
1: This section applies if, on an application for a declaration by a person ( A section 58(3)﻿(a)
2: In that case, the court may also order—
a: that the relevant interest in fishing quota be forfeit to the Crown without compensation; or
b: the disposal by A of the relevant interest in fishing quota within a specified period that,—
i: in the case of provisional catch history or provisional individual transferable quota, is not more than 60 working days after the date on which any individual transferable quota is allocated for that provisional catch history or provisional individual transferable quota:
ii: in any other case, is not more than 60 working days after the order. Section 58A inserted 25 August 2005 section 73 Overseas Investment Act 2005
58B: Interest in fishing quota forfeited under section 58 or section 58A must be dealt with in accordance with section 62
An interest in fishing quota that is forfeited under section 58 section 58A section 62 Section 58B inserted 25 August 2005 section 73 Overseas Investment Act 2005
59: Aggregation limits
1: Notwithstanding the provisions of this Act relating to the transfer of quota, no person shall be entitled to own—
a: a number of quota shares for any one species the total quota weight equivalent of which is more than 45% of the combined total allowable commercial catches for every stock of that species (which species shall be a species named in Schedule 5
b: more than 10 000 000 quota shares (10% of the total allowable commercial catch) for spiny rock lobster in any one quota management area:
c: more than 20 000 000 quota shares (20% of the total allowable commercial catch) for paua in any one quota management area:
d: in the case of bluenose ( Hyperoglyphe antarctica
e: in any other case, a number of quota shares for any one species the total quota weight equivalent of which is more than 35% of the combined total allowable commercial catches for every stock of that species.
2: Subject to subsection (5), nothing in subsection (1) prevents any person being allocated more than the permitted number of quota shares; but, except as may be permitted by any consent granted under section 60
3: Nothing in subsection (1) prevents any person, after an alteration of a quota management area under section 25 section 60
4: Nothing in subsection (1) prevents any person who has quota shares transferred to that person under section 22 section 23 section 52 section 60
5: If any person acquires any provisional catch history other than by allocation for any stock, the person is not entitled to be allocated any quota in respect of that provisional catch history to the extent that the allocation of such quota would result in the person being in breach of this section, and such provisional catch history shall be cancelled.
6:
6A: For the purposes of subsection (1)﻿(e) and section 60(1)﻿(c)
a: 980 Foveaux Strait dredge oysters (or such other number as may be fixed by the Minister under section 188(5) section 3A(6)
b: the total allowable commercial catch for Foveaux Strait dredge oysters and the quota weight equivalent of quota shares held by any person for Foveaux Strait dredge oysters are to be calculated in kilogrammes accordingly before being aggregated with the relevant weight-related figures in respect of the other dredge oyster stock.
7: The Governor-General may, by Order in Council made on the recommendation of the Minister, following consultation with such persons or organisations who are representative of those classes of persons the Minister considers have an interest in this section, add the name of any new species to, or delete the name of any existing species from, Schedule 5 ( see
8: Subsection (1) does not apply to the Chatham Islands Enterprise Trust , Te Ohu Kai Moana Trustee Limited,
8A: Subsection (1) does not prevent a person from owning the following quota, in addition to quota owned by that person immediately before the commencement of the Maori Fisheries Act 2004
a: settlement quota, whether it was acquired by allocation under the Maori Fisheries Act 2004 or by purchase, exchange, or otherwise; or
b: quota purchased under a right of first refusal under any enactment; or
c: in the case of Aotearoa Fisheries Limited or its subcompanies—
i: quota transferred to it under section 75
ii: quota purchased after the commencement of the Maori Fisheries Act 2004
d: in the case of an asset-holding company of a mandated iwi organisation or a subsidiary of an asset-holding company, quota purchased after the commencement of the Maori Fisheries Act 2004
i: section 28W(3)
ii: section 60
9:
10: For the purposes of this section and sections 60(4) 61 person
a: any person who is in partnership with the person:
b: any person who is a director or employee of any company of which the person is a director or employee:
c: any person who is a relative of the person as defined in paragraph (c) of the definition of that term, as it was before the enactment of the Taxation (International Taxation, Life Insurance, and Remedial Matters) Act 2009 section YA 1
d: any person who would be an associated person under subpart YB Taxation (International Taxation, Life Insurance, and Remedial Matters) Act 2009 section YA 1
e: any beneficiary or trustee of any trust of which the person is a trustee or beneficiary.
10A: For the purposes of subsection (10)﻿(b) and (e), a person is not a person referred to in that subsection solely because the person is—
a: in the case of subsection (10)﻿(b), a director of Te Ohu Kai Moana Trustee Limited, Te Putea Whakatupu Trustee Limited, or Te Wai Maori Trustee Limited; or
b: in the case of subsection (10)﻿(e), a beneficiary, director, trustee, or officeholder, as the case may be, of—
i: Te Ohu Kai Moana, Te Putea Whakatupu Trust, or Te Wai Maori Trust; or
ii: a mandated iwi organisation or an asset-holding company; or
iii: any trust of which the settlor is Aotearoa Fisheries Limited or a subcompany.
11: Despite subsection (10),—
a: Te Ohu Kai Moana Trustee Limited
b: no person is to be regarded as being included with any other person merely because either or both of those persons would be included with Te Ohu Kai Moana Trustee Limited
c: no bank registered under the Banking (Prudential Supervision) Act 1989
d: no person is to be regarded as included with any other person solely because they are both beneficiaries of the same trust.
12: An order under subsection (7) is secondary legislation ( see Part 3 The following table is small in size and has 3 columns that are grouped under the heading Legislation Act 2019 requirements for secondary legislation made under this section. Legislation Act 2019 requirements for secondary legislation made under this section Publication PCO must publish it on the legislation website and notify it in the Gazette LA19 s 69(1)﻿(c) Presentation The Minister must present it to the House of Representatives LA19 s 114 cl 32(1)﻿(a) Disallowance It may be disallowed by the House of Representatives LA19 ss 115 116 This note is not part of the Act. Section 59(6) repealed 1 October 2001 section 9(1) Fisheries Amendment Act 2001 Section 59(7) amended 28 October 2021 section 3 Secondary Legislation Act 2021 Section 59(6A) inserted 1 April 1998 section 4 Fisheries (Foveaux Strait Dredge Oyster Fishery) Amendment Act 1998 Section 59(8) amended 29 November 2004 section 214 Maori Fisheries Act 2004 Section 59(8A) inserted 29 November 2004 section 214 Maori Fisheries Act 2004 Section 59(9) repealed 1 October 2001 section 9(1) Fisheries Amendment Act 2001 Section 59(10) added 1 October 2001 section 9(2) Fisheries Amendment Act 2001 Section 59(10)﻿(c) amended 1 April 2010 section 861 Taxation (International Taxation, Life Insurance, and Remedial Matters) Act 2009 Section 59(10)﻿(c) amended 1 April 2008 section ZA 2(1) Income Tax Act 2007 Section 59(10)﻿(d) substituted 1 April 2010 section 861 Taxation (International Taxation, Life Insurance, and Remedial Matters) Act 2009 Section 59(10A) inserted 29 November 2004 section 214 Maori Fisheries Act 2004 Section 59(11) added 1 October 2001 section 9(2) Fisheries Amendment Act 2001 Section 59(11)﻿(a) amended 29 November 2004 section 214 Maori Fisheries Act 2004 Section 59(11)﻿(b) amended 29 November 2004 section 214 Maori Fisheries Act 2004 Section 59(11)﻿(c) amended 1 July 2022 section 300(1) Reserve Bank of New Zealand Act 2021 Section 59(12) inserted 28 October 2021 section 3 Secondary Legislation Act 2021
60: Minister may consent to persons holding quota in excess of aggregation limits
1: Notwithstanding section 59 Gazette
a: in the case of spiny rock lobster, up to a specified number of quota shares exceeding 10 000 000 for any one quota management area:
b: in the case of paua, up to a specified number of quota shares exceeding 20 000 000 for any one quota management area:
c: in any other case, quota shares for any one species having a combined quota weight equivalent less than or equal to a specified percentage of the combined total allowable commercial catches for all stocks of that species (which percentage is greater than the percentage specified in section 59(1)
2: Any consent under subsection (1) may be given subject to such conditions as the Minister may impose, including any limit on the number of quota shares for any particular stock, and may be given for any specified year or years or generally.
3: The Minister shall, in considering whether to grant any consent under subsection (1), consider—
a: the willingness and ability of other members of the New Zealand fishing industry to acquire quota of the relevant species:
b: the likely effect of the granting or withholding of the consent on—
i: the development of any new or existing stock or species:
ii: other quota owners or commercial fishers:
iii: the processing and marketing of that stock or species:
iv: the ability of the applicant to take any other stock or species:
v: the efficiency of the New Zealand fishing industry or any person engaged in the New Zealand fishing industry:
c: such other matters as the Minister considers relevant.
4: The Minister shall not grant any consent under subsection (1) in any case if quota shares have been acquired by any person (within the meaning of section 59(10) and (11) Section 60(4) amended 1 October 2001 section 10 Fisheries Amendment Act 2001
61: Quota held in excess of aggregation limits to be forfeit
1: If the chief executive believes on reasonable grounds that any person has acquired any quota in breach of section 59 section 60
a: may direct that a caveat be registered in the appropriate register under Part 8
b: shall notify in writing the owner that quota acquired in breach of section 59 section 60
2: Any caveat directed to be registered under subsection (1)﻿(a) shall remain on the register until removed by direction of the chief executive or order of a court pursuant to any proceedings referred to in subsection (1)﻿(b).
3: If any person whose quota has been caveated under subsection (1) fails to apply to the High Court under that subsection or the High Court declares the quota to have been acquired in breach of section 59 section 60
4: Any quota forfeit to the Crown under subsection (3) shall be dealt with in accordance with section 62
5: In this section, person section 59(10) and (11) 1983 No 14 s 28W 1990 No 29 s 23 1991 No 149 s 17 1992 No 121 s 28 Section 61(5) substituted 1 October 2001 section 11 Fisheries Amendment Act 2001
62: Provisions relating to forfeit property
1: In this section, unless the context otherwise requires,— forfeit property
a: quota or interest in quota; or
b: annual catch entitlement or interest in an annual catch entitlement; or
c: provisional catch history or interest in provisional catch history— forfeit to the Crown under section 58 section 58A section 61 interest
a: any interest that was recorded on any register kept under this Act at the time the forfeiture occurred:
b: any other legal or equitable interest in that forfeit property that existed at the time the forfeiture occurred.
2: The chief executive shall, within 10 working days after the date of any forfeiture under section 58 section 58A section 61
3: Any person claiming an interest in any forfeit property may, within 35 working days after the date on which the forfeiture occurred or within such further period before the property has been disposed of as the court may allow
4: Every application under subsection (3) shall contain sufficient information to identify the interest and the property in which it is claimed, and shall include—
a: a full description of the forfeit property in which the interest is claimed; and
b: full details of the interest or interests claimed, including,—
i: whether the interest is legal or equitable; and
ii: whether the interest is by way of security or otherwise; and
iii: if the interest is by way of security, details of the security arrangement and any other property included in that arrangement; and
iv: whether the interest is noted on any register maintained pursuant to statute; and
v: any other interests in the property known to the applicant; and
c: a statement as to whether the applicant is an associated person of section 59 section 60
d: the applicant's estimate of both the value of the forfeit property and the value of the claimed interest.
5: The court shall hear all applications in respect of the same property together, unless it considers that it would not be in the interests of justice to do so.
6: The court shall, in respect of every application made under subsection (3),—
a: determine the value of the forfeit property, which value shall be the amount the property would realise if sold at public auction in New Zealand; and
b: determine the nature, extent, and, if possible, value of any applicant's interest in the property; and
c: determine whether, in the case of quota that was owned by an associated person before being forfeit under section 61
d: determine the cost to the Ministry of the holding, and the anticipated cost of disposal, of the forfeit property, including the court proceedings in respect of that holding and disposal.
7: Having
a: the purpose of this Act (including the purpose of the overseas investment fishing provisions stated in section 56 section 59
b: the social and economic effects on the person who owned the property or quota, and on persons employed by that person, of non-release of the property or quota; and
c: the economic benefits that accrued or might have accrued to the owners of the property or quota through the commission of the offence; and
d: the cost to the Ministry of the holding, and the anticipated cost of disposal, of the forfeit property, including the court proceedings in respect of that holding and disposal,— make an order or orders providing relief (either in whole or in part) from the effect of forfeiture on any of the interests determined under subsection (6).
8: No order shall be made under subsection (7) unless—
a: it is necessary to avoid manifest injustice; and
b: the court is satisfied that, in the case of an order made in respect of an application made by an associated person relating to forfeit quota, the interest was not created solely or principally for the purpose of avoiding or defeating the consequences of the application of this Act in respect of forfeiture.
9:
10:
11: Without limiting subsection (7), any order under that subsection may include 1 or more of the following orders:
a: for the retention of the forfeit property by the Crown:
b: for the return of some or all of the forfeit property to the owner at the time of forfeiture, with or without the prior payment to the Crown of a sum of money:
c: for the sale of some or all of the forfeit property, with directions as to the manner of sale and dispersal of proceeds:
d: for the delivery of some or all of the forfeit property to a person with an interest in the property, with or without directions as to payment of a sum of money to specified persons (including the Crown) prior to such delivery:
e: for the reinstatement (notwithstanding the forfeiture) of any interest that was forfeit or cancelled as a result of a forfeiture.
12: This section does not require the Crown to pay, or secure the payment of, any sum of money to any person claiming an interest in forfeit property, other than the net proceeds of sale of forfeit property under a court order made under subsection (7).
13: For the purpose of assisting the court in determining any application for relief, the chief executive and any employee or agent of the Ministry is entitled to appear before the court and be heard.
14: Any forfeiture under section 58 section 58A section 61 (but see section 42(3)
15: In this section, associated person section 59(10) 1983 No 14 s 107C 1990 No 29 s 52(1) Section 62(1) forfeit property amended 25 August 2005 section 75 Overseas Investment Act 2005 Section 62(2) amended 25 August 2005 section 75 Overseas Investment Act 2005 Section 62(3) amended 1 October 1999 section 21(a) Fisheries Act 1996 Amendment Act 1999 Section 62(4)﻿(c) amended 1 October 2001 section 12(1) Fisheries Amendment Act 2001 Section 62(7) amended 1 October 1999 section 21(b) Fisheries Act 1996 Amendment Act 1999 Section 62(7)﻿(a) amended 25 August 2005 section 75 Overseas Investment Act 2005 Section 62(9) repealed 1 October 1999 section 21(c) Fisheries Act 1996 Amendment Act 1999 Section 62(10) repealed 1 October 1999 section 21(c) Fisheries Act 1996 Amendment Act 1999 Section 62(14) amended 25 August 2005 section 75 Overseas Investment Act 2005 Section 62(15) added 1 October 2001 section 12(2) Fisheries Amendment Act 2001 Order of transactions Heading substituted 1 October 2001 section 22 Fisheries Act 1996 Amendment Act 1999
63: Order of transactions
If any regulations made under section 297(1)﻿(sa) Section 63 substituted 1 October 2001 section 22 Fisheries Act 1996 Amendment Act 1999
64: Order of transactions on first day of new fishing year
Section 64 repealed 1 October 2001 section 22 Fisheries Act 1996 Amendment Act 1999 Generation of annual catch entitlement
65: Characteristics of annual catch entitlement
Section 65 repealed 9 September 1999 section 85(b) Fisheries Act 1996 Amendment Act 1999
66: Generation of annual catch entitlement at beginning of new fishing year
1: On the first day of each fishing year, quota shall generate annual catch entitlement.
2: The chief executive shall, in respect of each quota management stock, calculate as at the first day of each fishing year the amount of annual catch entitlement that would be generated by the amount of quota owned by each quota owner, in accordance with the following formula: (a ÷ 100 000 000) × b = c where— a is the number of quota shares held by the quota owner; and b is the total allowable commercial catch (expressed in kilogrammes); and c is the amount (expressed in kilogrammes) of annual catch entitlement that would be generated by the amount of quota owned by each quota owner.
3: Any annual catch entitlement calculated under subsection (2) shall be rounded up or rounded down by the chief executive to ensure that—
a: the sum of all annual catch entitlements equals the applicable total allowable commercial catch for the stock; and
b: only whole kilogrammes of annual catch entitlement are generated.
67: Allocation of annual catch entitlement
1: On the first day of each fishing year, the chief executive must allocate to each quota owner the person's annual catch entitlement for any quota management stock that has been generated under section 66
2:
2A:
2B: If between the beginning of a fishing year and the beginning of the Foveaux Strait dredge oyster season in that year there is an increase in the total allowable commercial catch for Foveaux Strait dredge oysters,—
a: the chief executive must calculate the amount of annual catch entitlement that each person would have received under subsection (1) if the altered total allowable commercial catch had been in effect at the beginning of the fishing year, and an annual catch entitlement had been generated under section 66
b: the chief executive must, on or before the first day of the Foveaux Strait dredge oyster season, allocate to each person who receives an amount of annual catch entitlement under subsection (1) for Foveaux Strait dredge oysters a further amount of annual catch entitlement for that stock calculated in accordance with the following formula: a – b = c where— a is the amount calculated under paragraph (a) in respect of the person; and b is the amount of annual catch entitlement allocated to the person under subsection (1); and c is the amount of annual catch entitlement to be allocated under this subsection.
3:
4:
5: Any annual catch entitlement calculated under this section shall be rounded up or rounded down by the chief executive to ensure that no quota owner holds part of a kilogramme of annual catch entitlement as a result of an allocation.
6: Any
7: The chief executive shall, as soon as practicable after allocating any annual catch entitlement in accordance with this section, notify every quota owner of the amount of annual catch entitlement allocated to that quota owner under this section.
8: The chief executive shall, as soon as practicable after allocating any annual catch entitlement in accordance with this section, notify the relevant Registrar of Annual Catch Entitlement of the amount of annual catch entitlement allocated to each quota owner. Section 67(1) substituted 1 October 2001 section 23(1) Fisheries Act 1996 Amendment Act 1999 Section 67(2) repealed 1 October 2001 section 23(2) Fisheries Act 1996 Amendment Act 1999 Section 67(2A) repealed 1 October 2001 section 23(2) Fisheries Act 1996 Amendment Act 1999 Section 67(2B) substituted 1 October 2001 section 23(3) Fisheries Act 1996 Amendment Act 1999 Section 67(3) repealed 1 October 2001 section 23(2) Fisheries Act 1996 Amendment Act 1999 Section 67(4) repealed 1 October 2001 section 23(2) Fisheries Act 1996 Amendment Act 1999 Section 67(6) amended 1 October 2001 section 23(4) Fisheries Act 1996 Amendment Act 1999
67A: Allocation of additional annual catch entitlement in case of underfishing
1: As soon as practicable after the 15th day after the end of the fishing year for each stock ( the first fishing year
a: the annual catch entitlement for that stock (other than annual catch entitlement created under section 68
b: the reported catch (if any) for that stock, calculated in accordance with regulations made for that purpose under section 297
2: If the amount of annual catch entitlement referred to in subsection (1)﻿(a) is greater than the reported catch referred to in subsection (1)﻿(b), the chief executive must—
a: calculate the difference between that annual catch entitlement and that reported catch; and
b: subject to subsection (5), allocate to the person an amount of annual catch entitlement for the stock for the fishing year after the first fishing year ( the second fishing year
i: the amount calculated under paragraph (a):
ii: 10% of the amount of annual catch entitlement referred to in subsection (1)﻿(a).
3: This section does not apply to—
a: a stock listed in Schedule 5A
b: a stock for which the total allowable commercial catch at the beginning of the second fishing year is less than the total allowable commercial catch applying at the close of the first fishing year.
4: The chief executive must allocate annual catch entitlement under this section as soon as practicable after the 15th day after the end of the first fishing year.
5: The amount of annual catch entitlement allocated under subsection (2) must be rounded up or rounded down by the chief executive to the nearest kilogramme or, in the case of Foveaux Strait dredge oysters, to the nearest whole number of oysters.
6: Any annual catch entitlement allocated under subsection (2)—
a: is in addition to any annual catch entitlement generated under section 66 section 68
b: has effect for all purposes under this Act on and from the date of the allocation.
7: The chief executive must, as soon as practicable after allocating any annual catch entitlement under subsection (2),—
a: notify every person to whom annual catch entitlement has been allocated under this section of the amount of annual catch entitlement allocated to that person; and
b: ensure that the amount of annual catch entitlement allocated is registered on the Annual Catch Entitlement Register. Section 67A inserted 1 October 2001 section 24 Fisheries Act 1996 Amendment Act 1999
67B: Amendments to Schedule 5A
1: The Governor-General may from time to time, by Order in Council made on the recommendation of the Minister, amend Schedule 5A
a: adding 1 or more stocks to that schedule:
b: omitting 1 or more stocks from that schedule.
2: An Order in Council made under subsection (1) takes effect on and from the first day of the next fishing year for the stocks concerned.
3: Before recommending the making of an Order in Council under subsection (1), the Minister must consult with such persons or organisations as the Minister considers are representative of those classes of persons having an interest in the stocks subject to the order.
4: An order under this section is secondary legislation ( see Part 3 The following table is small in size and has 3 columns that are grouped under the heading Legislation Act 2019 requirements for secondary legislation made under this section. Legislation Act 2019 requirements for secondary legislation made under this section Publication PCO must publish it on the legislation website and notify it in the Gazette LA19 s 69(1)﻿(c) Presentation The Minister must present it to the House of Representatives LA19 s 114 cl 32(1)﻿(a) Disallowance It may be disallowed by the House of Representatives LA19 ss 115 116 This note is not part of the Act. Section 67B inserted 1 October 2000 section 24 Fisheries Act 1996 Amendment Act 1999 Section 67B(4) inserted 28 October 2021 section 3 Secondary Legislation Act 2021
68: Minister to create additional annual catch entitlement if total allowable catch increased during fishing year
1: If—
a: the total allowable catch in respect of any stock is increased during a fishing year in accordance with section 13(7) section 14(6)
b: the Minister believes that, after considering the matters referred to in section 21(1) section 20(4) the Minister shall create an additional amount of annual catch entitlement for the stock that equals the amount by which he or she would have increased the total allowable commercial catch.
2: Subject to subsections (2A), (2B), and (3) (a ÷ 100 000 000) × b = c where— a is the number of quota shares held by the quota owner on the date the increase in the total allowable catch takes effect; and b is the amount (expressed in kilogrammes) of annual catch entitlement created by the Minister under subsection (1); and c is the amount (expressed in kilogrammes) of annual catch entitlement to be allocated under this section to the quota owner.
2A: Where—
a: an increase in the total allowable catch for a highly migratory species is a result of an agreement, consistent with the rules or procedures established by the relevant international fisheries organisation, between New Zealand and another member of the international fisheries organisation; and
b: the Minister is satisfied that the basis for the increase in the total allowable catch justifies a different allocation mechanism,— the Minister may determine how the additional annual catch entitlement is to be allocated in a manner different to that specified in subsection (2), taking into account the nature and basis of the agreement between New Zealand and the other member of the international fisheries organisation.
2B: The chief executive must allocate the additional catch entitlement in accordance with any determination of the Minister under subsection (2A).
3: Any annual catch entitlement calculated under subsection (2) or subsections (2A) and (2B)
a: the sum of all annual catch entitlements allocated under this section equals the amount of the increase that would have been made to the total allowable commercial catch but for section 20(4)
b: no quota owner holds part of a kilogramme of annual catch entitlement consequent upon such allocation.
4: The chief executive shall, after any rounding under subsection (3), notify every quota owner of the amount of annual catch entitlement allocated to that quota owner under this section.
5: Any annual catch entitlement so allocated shall have effect on and from the date of allocation and shall have the same characteristics as any annual catch entitlement allocated under section 67
6: The chief executive shall, as soon as practicable after allocating annual catch entitlements in accordance with this section, notify the relevant Registrar of Annual Catch Entitlement of the amount of annual catch entitlement allocated to each quota owner. Section 68(2) amended 1 October 2004 section 28(1) Fisheries Amendment Act (No 3) 2004 Section 68(2A) inserted 1 October 2004 section 28(2) Fisheries Amendment Act (No 3) 2004 Section 68(2B) inserted 1 October 2004 section 28(2) Fisheries Amendment Act (No 3) 2004 Section 68(3) amended 1 October 2004 section 28(3) Fisheries Amendment Act (No 3) 2004 Annual catch entitlement required before fishing
69: Catch must be covered by annual catch entitlement
Section 69 repealed 9 September 1999 section 85(c) Fisheries Act 1996 Amendment Act 1999
70: Defences applicable to certain stock
Section 70 repealed 9 September 1999 section 85(c) Fisheries Act 1996 Amendment Act 1999
71: Defences applicable to individual fishers
Section 71 repealed 9 September 1999 section 85(c) Fisheries Act 1996 Amendment Act 1999
72: Dumping of fish prohibited
1: A commercial fisher must not return to or abandon in the sea or any other waters any fish or other animal that is aquatic life that is subject to the quota management system, except as provided in subsection (2) or (3)
2: A commercial fisher who takes any fish or other animal that is aquatic life subject to the quota management system must, if required by an instrument made under section 72A(2)﻿(c)
a: immediately return it to, or abandon it in, the sea or waters from which it was taken; and
b: comply with the conditions and requirements (if any) specified in that instrument.
3: A commercial fisher who takes any fish or other animal that is aquatic life subject to the quota management system may return it to, or abandon it in, the sea or waters from which it was taken if—
a: the return is permitted by an instrument made under section 72A(2)﻿(a) or (b)
b: they comply with the conditions and requirements (if any) specified in that instrument.
4: Every person commits an offence and is liable to the applicable penalty imposed by section 252(3A), (5)﻿(ba), or (5A)
a: in contravention of subsection (1) section 72A(2)﻿(c)
i: 50 or fewer fish or other animals that are aquatic life in any 24-hour period; or
ii: more than 50 fish or other animals that are aquatic life in any 24-hour period; or
b: in contravention of subsection (2)﻿(a)
i: 50 or fewer fish or other animals that are aquatic life in any 24-hour period; or
ii: more than 50 fish or other animals that are aquatic life in any 24-hour period; or
c: in contravention of subsection (2)﻿(b)
i: 50 or fewer fish or other animals that are aquatic life in any 24-hour period; or
ii: more than 50 fish or other animals that are aquatic life in any 24-hour period; or
d: in contravention of subsection (3)﻿(b)
i: 50 or fewer fish or other animals that are aquatic life in any 24-hour period; or
ii: more than 50 fish or other animals that are aquatic life in any 24-hour period.
5: Without limiting the application of section 241
a: the return was a return of parts of fish, aquatic life, or seaweed lawfully processed on a vessel; or
b: the fish, aquatic life, or seaweed was returned or abandoned to ensure the safety of the vessel or any crew member; or
ba: the commercial fisher believed on reasonable grounds that the return or abandonment of the fish or other animal that is aquatic life was necessary to ensure the safety of—
i: a marine mammal (as defined in section 2(1)
ii: fish of the species of Chordata Schedule 7A
iii: any other protected species specified by the Minister in an instrument made under this paragraph.
c: the following provisions were complied with, namely,—
i: a fishery officer or observer was present when the fish, aquatic life, or seaweed was taken; and
ii: the fishery officer or observer authorised the return or abandonment of the fish, aquatic life, or seaweed; and
iii: the commercial fisher returned or abandoned the fish, aquatic life, or seaweed under the supervision of the fishery officer or observer, and complied with any directions of the fishery officer or observer; and
iv: the amount of fish, aquatic life, or seaweed was included in the returns for the appropriate period that are required to be made by the commercial fisher under this Act.
6: Any fish, aquatic life, or seaweed returned or abandoned in accordance with subsection (5)﻿(c) shall be included in the commercial fisher's reported catch for the purposes of section 76
7: In proceedings for an offence relating to a contravention of subsection (4)
a: the prosecutor need not assert in the charging document that the exceptions set out in subsection (2) or (3) subsection (5)﻿(ba)
b: the burden of proving that any of the exceptions set out in subsection (2) or (3) subsection (5)﻿(ba)
8: An instrument made under subsection (5)﻿(ba)﻿(iii) see Part 3 1983 No 14 s 28ZB 1990 No 29 s 27(1) The following table is small in size and has 3 columns that are grouped under the heading Legislation Act 2019 requirements for secondary legislation referred to in subsection (8). Legislation Act 2019 requirements for secondary legislation referred to in subsection (8) Publication The maker must publish it in accordance with the Legislation (Publication) Regulations 2021 LA19 ss 69 73 74(1)﻿(aa) Presentation The Minister must present it to the House of Representatives, unless it is excluded by section 114(2) LA19 s 114 Disallowance It may be disallowed by the House of Representatives, unless it is excluded by section 115 LA19 ss 115 116 This note is not part of the Act. The following table is small in size and has 3 columns that are grouped under the heading Legislation Act 2019 requirements for secondary legislation made under this section. Legislation Act 2019 requirements for secondary legislation made under this section Publication PCO must publish it on the legislation website and notify it in the Gazette LA19 s 69(1)﻿(c) Presentation The Minister must present it to the House of Representatives LA19 s 114 cl 32(1)﻿(a) Disallowance It may be disallowed by the House of Representatives LA19 ss 115 116 This note is not part of the Act. Section 72(1) replaced 1 November 2022 section 5(1) Fisheries Amendment Act 2022 Section 72(2) replaced 1 November 2022 section 5(1) Fisheries Amendment Act 2022 Section 72(3) replaced 1 November 2022 section 5(1) Fisheries Amendment Act 2022 Section 72(4) replaced 1 November 2022 section 5(1) Fisheries Amendment Act 2022 Section 72(5)﻿(ba) inserted 1 November 2022 section 5(2) Fisheries Amendment Act 2022 Section 72(7) replaced 1 November 2022 section 5(3) Fisheries Amendment Act 2022 Section 72(8) replaced 1 November 2022 section 5(3) Fisheries Amendment Act 2022
72A: Minister may require or permit fish or other animal that is aquatic life to be returned or abandoned
1: The Minister may make instruments for the purposes of section 72(2) or (3)
2: An instrument made under this section may—
a: permit a stock or species to be returned to or abandoned in the sea or other waters from which it was taken if the Minister is satisfied that the stock or species has an acceptable likelihood of survival if returned or abandoned in the manner specified by the instrument; or
b: permit a stock or species to be returned to or abandoned in the sea or other waters from which it was taken if the Minister is satisfied that the stock or species—
i: would damage other stocks or species taken by the commercial fisher if retained (for example, an ammoniating species); or
ii: is damaged as a result of unavoidable circumstances (for example, diseased or predated fish); or
c: require a stock or species to be returned to or abandoned in the sea or other waters from which it was taken if the Minister is satisfied that the return or abandonment is for a biological, a fisheries management, or an ecosystem purpose and the stock or species has an acceptable likelihood of survival if returned or abandoned in the manner specified by the instrument.
3: In considering the acceptable likelihood of survival of a stock or species under subsection (2)﻿(a)
a: the sustainability of the stock or species; and
b: the method by which the stock or species is taken; and
c: the handling practices for the stock or species taken; and
d: the social, cultural, and economic factors that the Minister considers relevant.
4: The instrument may also—
a: provide that it applies to the stocks or species, or classes of stocks or species, specified in the instrument by reference to size, weight, or other physical characteristics:
b: provide that it applies in relation to—
i: the fishing methods, the use of fishing gear, or in the circumstances specified in the instrument; or
ii: the classes of fishing methods, fishing gear, or circumstances specified in the instrument:
c: impose conditions and requirements that the Minister considers appropriate.
5: An instrument made under this section may be amended, replaced, or revoked.
6: Before making, amending, replacing, or revoking an instrument under this section, the Minister must consult any persons or organisations that the Minister considers are representative of the classes of persons having an interest in the proposed action.
7: The decision to make an instrument under this section must be notified in the Gazette
8: An instrument made under this section is secondary legislation ( see Part 3 The following table is small in size and has 3 columns that are grouped under the heading Legislation Act 2019 requirements for secondary legislation referred to in subsection (7). Legislation Act 2019 requirements for secondary legislation referred to in subsection (7) Publication The maker must publish it in accordance with the Legislation (Publication) Regulations 2021 LA19 ss 69 73 74(1)﻿(aa) Presentation The Minister must present it to the House of Representatives, unless it is excluded by section 114(2) LA19 s 114 Disallowance It may be disallowed by the House of Representatives, unless it is excluded by section 115 LA19 ss 115 116 This note is not part of the Act. Section 72A inserted 1 November 2022 section 6 Fisheries Amendment Act 2022
73: Offence to transfer used annual catch entitlement
Section 73 repealed 9 September 1999 section 85(d) Fisheries Act 1996 Amendment Act 1999
74: Minimum holdings of annual catch entitlement
1: No commercial fisher may take any stock listed in Schedule 8
2: If,—
a: following the allocation of quota under section 44 section 47 section 52
b: following a reduction in the total allowable commercial catch, the amount of quota owned by a commercial fisher, as at the beginning of the fishing year in which the reduction takes effect
c: following an alteration of a quota management area under section 25 section 26
d: following an increase in the amount of annual catch entitlement required to be held by virtue of an Order in Council under subsection (7), the amount of relevant quota owned by a commercial fisher, as at the beginning of the fishing year in which the increase takes effect, does not generate an annual catch entitlement sufficient to satisfy that requirement; or
e: following a deduction of quota shares from any person by the chief executive under section 52 then the requirements of subsection (1) shall apply as if the minimum amount of annual catch entitlement required to be held was the amount of annual catch entitlement actually generated by the commercial fisher's relevant quota, and the commercial fisher may continue to take stock in each fishing year under the authority of the lesser amount of annual catch entitlement held by the commercial fisher unless the commercial fisher, in any particular fishing year, transfers any annual catch entitlement and thereby reduces the commercial fisher's annual catch entitlement holding for that fishing year to an amount lower than the holding generated by the commercial fisher's quota at the commencement of that year
2A: As soon as is reasonably practicable after Te Ohu Kai Moana Trustee Limited has notified the chief executive of the entities that it has approved under section 34
2B: In the case of a quota holding that includes settlement quota, if the annual catch entitlement from that quota is transferred in full to a commercial fisher that is registered as an approved entity under subsection (2A), the annual catch entitlement must be treated as if it were not less than the minimum amount required under subsection (1).
3: Subsection (2) does not apply to a commercial fisher referred to in paragraph (b) or paragraph (c)
4: If any commercial fisher is or becomes subject to subsection (2), that subsection shall continue to apply for only so long as the commercial fisher does not sell any of the relevant quota, however obtained.
5: If any commercial fisher is or becomes subject to subsection (2) and the commercial fisher subsequently purchases any relevant quota, the requirements of subsection (1) apply on and from the commencement of the next fishing year
6:
7: Subject to subsections (8) and (9), the Governor-General may from time to time, by Order in Council ( see Schedule 8
a: adding 1 or more stocks to that schedule:
b: omitting 1 or more stocks from that schedule:
c: specifying a minimum holding of annual catch entitlement for any stocks being added to that schedule:
d: increasing or reducing a minimum holding of annual catch entitlement for any stocks listed in that schedule.
8: An Order in Council made under subsection (7) takes effect on the commencement of the following fishing year for the stocks concerned.
9: No Order in Council may be made under subsection (7) except on the recommendation of the Minister following consultation by the Minister with such persons or organisations as the Minister considers are representative of those classes of persons having an interest in the stocks subject to the order.
9A: The Minister may make a recommendation under subsection (9)—
a: on the Minister's own initiative; or
b: on request by quota owners who hold in the aggregate at least 75 000 000 quota shares in that stock.
9B: A request under subsection (9A)﻿(b) must—
a: specify the concerns (if any) of the quota owners who do not support the proposal; and
b: specify what arrangements are in place to address those concerns.
10:
11:
12: If a person contravenes subsection (1) or subsection (2), the person commits an offence and is liable to the penalty set out in section 252(5)
13: An order under subsection (7)—
a: is secondary legislation ( see Part 3
b: must be confirmed by an Act ( see subpart 3 1983 No 14 s 28S 1991 No 149 s 15 The following table is small in size and has 3 columns that are grouped under the heading Legislation Act 2019 requirements for secondary legislation made under this section. Legislation Act 2019 requirements for secondary legislation made under this section Publication PCO must publish it on the legislation website and notify it in the Gazette LA19 s 69(1)﻿(c) Presentation The Minister must present it to the House of Representatives LA19 s 114 cl 32(1)﻿(a) Disallowance It may be disallowed by the House of Representatives LA19 ss 115 116 This note is not part of the Act. Section 74(1) substituted 1 October 2001 section 25(1) Fisheries Act 1996 Amendment Act 1999 Section 74(2) amended 1 October 2001 section 13(2) Fisheries Amendment Act 2001 Section 74(2)﻿(b) amended 1 October 2001 section 13(1) Fisheries Amendment Act 2001 Section 74(2A) inserted 29 November 2004 section 214 Maori Fisheries Act 2004 Section 74(2B) inserted 29 November 2004 section 214 Maori Fisheries Act 2004 Section 74(3) amended 1 October 2001 section 25(2) Fisheries Act 1996 Amendment Act 1999 Section 74(5) amended 1 October 2001 section 9 Fisheries (Remedial Issues) Amendment Act 2001 Section 74(6) repealed 1 October 2001 section 25(3) Fisheries Act 1996 Amendment Act 1999 Section 74(7) substituted 1 October 2001 section 25(4) Fisheries Act 1996 Amendment Act 1999 Section 74(7) amended 28 October 2021 section 3 Secondary Legislation Act 2021 Section 74(8) substituted 1 October 2001 section 25(4) Fisheries Act 1996 Amendment Act 1999 Section 74(9) substituted 1 October 2001 section 25(4) Fisheries Act 1996 Amendment Act 1999 Section 74(9A) inserted 1 October 2001 section 25(4) Fisheries Act 1996 Amendment Act 1999 Section 74(9B) inserted 1 October 2001 section 25(4) Fisheries Act 1996 Amendment Act 1999 Section 74(10) repealed 1 January 2016 section 14 Legislation (Confirmable Instruments) Amendment Act 2015 Section 74(11) repealed 1 October 2001 section 25(3) Fisheries Act 1996 Amendment Act 1999 Section 74(12) substituted 1 October 2001 section 25(5) Fisheries Act 1996 Amendment Act 1999 Section 74(13) inserted 28 October 2021 section 3 Secondary Legislation Act 2021
74A: Orders under section 74(7) are confirmable instruments
Section 74A repealed 28 October 2021 section 3 Secondary Legislation Act 2021 Deemed values
75: Minister to set deemed value rates
1: For each quota management stock, the Minister must, by notice in the Gazette unless
2: In setting an interim deemed value rate or an annual deemed value rate, the Minister—
a: must take into account the need to provide an incentive for every commercial fisher to acquire or maintain sufficient annual catch entitlement in respect of each fishing year that is not less than the total catch of that stock taken by that commercial fisher; and
b: may have regard to—
i: the desirability of commercial fishers landing catch for which they do not have annual catch entitlement; and
ii: the market value of the annual catch entitlement for the stock; and
iii: the market value of the stock; and
iv: the economic benefits obtained by the most efficient commercial fisher, licensed fish receiver, retailer, or any other person from the taking, processing, or sale of the fish, aquatic life, or seaweed, or of any other fish, aquatic life, or seaweed that is commonly taken in association with the fish, aquatic life, or seaweed; and
v: the extent to which catch of that stock has exceeded or is likely to exceed the total allowable commercial catch for the stock in any year; and
vi: any other matters that the Minister considers relevant.
3: The Minister must set annual deemed value rates for a stock that are greater than interim deemed value rates set for that stock.
4: The Minister may set different annual deemed value rates in respect of the same stock which apply to different levels of catch in excess of annual catch entitlement.
5: The Minister may set an interim deemed value rate and an annual deemed value rate in respect of fish, aquatic life, or seaweed landed and received by a licensed fish receiver in the Chatham Islands that is different from the deemed value rate set in respect of fish, aquatic life, or seaweed of the same stock landed and received by a licensed fish receiver elsewhere.
6: The Minister must not—
a: have regard to the personal circumstances of any individual or class of person liable to pay the deemed value of any fish, aquatic life, or seaweed; or
b: set separate deemed value rates in individual cases— when setting an interim deemed value rate or an annual deemed value rate.
7: Any interim or annual deemed value rate set under this section may be varied by the Minister in the same manner, and any rate set or varied under this section takes effect on the first day of the next fishing year for the stock concerned. Section 75 substituted 1 May 2001 section 26 Fisheries Act 1996 Amendment Act 1999 Section 75(1) amended 1 October 2004 section 29 Fisheries Amendment Act (No 3) 2004
75A: Requirement to consult in relation to deemed values
Before setting any interim deemed value rate or annual deemed value rate under section 75 Section 75A inserted 1 May 2001 section 26 Fisheries Act 1996 Amendment Act 1999
75B: Limitation period for challenges to deemed values
1: A court must not hear or determine, and no person may make or commence, an application or other proceeding in respect of a decision or purported decision of the Minister to set an interim deemed value rate or an annual deemed value rate unless the application is, or the proceedings are, made or commenced within 3 months after the date on which the decision, or purported decision, is notified in the Gazette
2: This section applies despite any other enactment or rule of law. Section 75B inserted 1 May 2001 section 26 Fisheries Act 1996 Amendment Act 1999
76: Catch to be counted against annual catch entitlement
1: In this section and sections 76A 78 79 80 commercial fisher
a: held a fishing permit or a high seas fishing permit; or
b: was a person using a New Zealand ship who, in the judgment of the chief executive, held a valid authority to fish against New Zealand's national allocation of highly migratory species in the national fisheries jurisdiction of a foreign country.
1A: As soon as practicable after the 15th day of each month (other than the first month) of every fishing year, the chief executive must, in accordance with regulations made for that purpose under section 297
a: compare—
i: the annual catch entitlement for each stock (if any) for the fishing year owned by that commercial fisher as at the close of the 15th day of that month; and
ii: the reported catch for that stock (in kilogrammes) calculated in accordance with regulations made for that purpose under section 297
b: calculate, in respect of each stock, whether that commercial fisher's annual catch entitlement referred to in paragraph (a)﻿(i) exceeds that commercial fisher's reported catch referred to in paragraph (a)﻿(ii).
1B: As soon as practicable after the 15th day after the end of the fishing year for each stock, the chief executive must, in accordance with regulations made for that purpose under section 297
a: compare—
i: the annual catch entitlement for each stock (if any) for the relevant fishing year owned by that commercial fisher as at the close of the 15th day after the end of the fishing year; and
ii: the reported catch for that stock (in kilogrammes), calculated in accordance with regulations made for that purpose under section 297
b: calculate, in respect of each stock, whether that commercial fisher's annual catch entitlement referred to in paragraph (a)﻿(i) exceeds that commercial fisher's reported catch referred to in paragraph (a)﻿(ii).
2: Following the calculation referred to in subsection (1A) interim section 297
2A: Subject to subsection (2B), following the calculation referred to in subsection (1B), the chief executive must calculate the amount of annual deemed value (if any) that is to be demanded from the commercial fisher in accordance with regulations made for the purpose under section 297
2B: In calculating the amount of annual deemed value to be demanded from a commercial fisher, the chief executive must credit the commercial fisher with interim deemed value amounts demanded in respect of the relevant stock in the relevant fishing year (other than demanded amounts that have been remitted under subsection (2)).
2C: For the sole purpose of determining an appropriate annual deemed value under this section, if a fisher to whom subsection (1B) applies holds no annual catch entitlement for a stock in respect of which the Minister has set different deemed value rates under section 75(4)
3: A demand for an amount of interim
a: payment of the sum of money so demanded; or
b: acquiring, for the relevant fishing year and within the time limit specified in section 134
c:
d: any combination of those options.
3A: A demand for an amount of annual deemed value made by the chief executive under this section must be satisfied by payment of the sum of money so demanded.
4: Every person who is liable to satisfy any deemed value amount demanded under this section is required to satisfy the demand whether or not an offence has been committed against this Act.
5: All deemed value amounts are to be satisfied within 20 days after the demand is made and, if being satisfied by payment of money, the amount is payable to the chief executive and shall be held by the Crown on trust for the commercial fisher until the trust ends in accordance with this section or the deemed value amount is remitted to the commercial fisher.
6: Any deemed value amount paid to the chief executive under this section in respect of fish, aquatic life, or seaweed taken in any fishing year shall cease to be held on trust and become the property of the Crown on the later of—
a: the close of the 15th day of the third month after the end of the fishing year; or
ab: 5 working days after the chief executive gives written notice to a commercial fisher under section 76A(6)
b: 5 working days after the final determination of any request for a review by a commercial fisher of a notification under section 80
7: Notwithstanding section 69 1983 No 14 s 28ZA(4) 1990 No 29 s 26(1) Section 76(1) substituted 1 October 2004 section 30 Fisheries Amendment Act (No 3) 2004 Section 76(1) amended 20 April 2010 section 4(1) Fisheries Amendment Act 2010 Section 76(1A) inserted 1 October 2001 section 27(1) Fisheries Act 1996 Amendment Act 1999 Section 76(1B) inserted 1 October 2001 section 27(1) Fisheries Act 1996 Amendment Act 1999 Section 76(2) amended 1 October 2001 section 27(2)﻿(a) Fisheries Act 1996 Amendment Act 1999 Section 76(2) amended 1 October 2001 section 27(2)﻿(b) Fisheries Act 1996 Amendment Act 1999 Section 76(2A) inserted 1 October 2001 section 27(3) Fisheries Act 1996 Amendment Act 1999 Section 76(2B) inserted 1 October 2001 section 27(3) Fisheries Act 1996 Amendment Act 1999 Section 76(2C) inserted 1 October 2001 section 27(3) Fisheries Act 1996 Amendment Act 1999 Section 76(3) amended 1 October 2001 section 27(4)﻿(a) Fisheries Act 1996 Amendment Act 1999 Section 76(3)﻿(b) amended 1 October 2001 section 27(4)﻿(b) Fisheries Act 1996 Amendment Act 1999 Section 76(3)﻿(c) repealed 1 October 2001 section 27(4)﻿(c) Fisheries Act 1996 Amendment Act 1999 Section 76(3A) inserted 1 October 2001 section 27(5) Fisheries Act 1996 Amendment Act 1999 Section 76(6)﻿(ab) inserted 20 April 2010 section 4(2) Fisheries Amendment Act 2010
76A: Application for catch balancing relief
1: In this section and section 76B close of registration original owner specific amount
2: A commercial fisher may, at any time before the close of the 15th day of the third month after the end of a fishing year, apply to the chief executive for catch balancing relief for any amount of annual catch entitlement for a stock for the fishing year.
3: The chief executive may grant an applicant catch balancing relief for any specific amount of annual catch entitlement that is equal to or less than the amount for which the applicant applied.
4: The chief executive may grant catch balancing relief for a specific amount of annual catch entitlement only if he or she is satisfied that—
a: the applicant has received written notice from the chief executive that, at the close of registration, the applicant's reported catch for the stock for the fishing year exceeded the applicant’s annual catch entitlement for the stock for the fishing year by at least the specific amount; and
b: at the close of registration, the original owner owned at least the specific amount of annual catch entitlement; and
c: either—
i: the applicant believed on reasonable grounds that at least the specific amount of annual catch entitlement had been transferred to the applicant before the close of registration; or
ii: at least the specific amount of annual catch entitlement would have been transferred to, or owned by, the applicant before the close of registration, if not for a mistake made by the applicant or any other person; and
d: at the close of registration, the original owner's annual catch entitlement for the stock for the fishing year exceeded the original owner's reported catch for the stock for the fishing year by at least the specific amount; and
e: the original owner has consented in writing to the applicant being treated as the owner of at least the specific amount of annual catch entitlement on and from the close of registration; and
f: it would be unjust to refuse to grant the applicant catch balancing relief for the specific amount of annual catch entitlement; and
g: if an amount of additional annual catch entitlement has been allocated to the original owner under section 67A
5: In considering whether to grant an applicant catch balancing relief, the chief executive may request and consider any information that he or she thinks relevant, such as—
a: information about transfers of annual catch entitlement to or from the applicant or the original owner, or about other transactions involving the applicant or the original owner:
b: information about the applicant’s usual arrangements for acquiring annual catch entitlement to balance the applicant's reported catch:
c: any submissions by the applicant that it would be unjust to refuse catch balancing relief.
6: The chief executive must give written notice, to the applicant and the original owner, of the chief executive's decision to grant or refuse catch balancing relief.
7: Any deemed value amount demanded by the chief executive that may be affected by an application for catch balancing relief remains payable despite the application having been made. Section 76A inserted 20 April 2010 section 5 Fisheries Amendment Act 2010
76B: Effect of granting catch balancing relief
1: If the chief executive decides to grant an applicant catch balancing relief for a specific amount of annual catch entitlement under section 76A
a: recalculate the annual deemed value amount (if any) for which the applicant is liable, by performing the comparison and calculations referred to in section 76(1B) and (2A)
b: include in the written notice given to the applicant under section 76A(6)
c: remit to the applicant the difference between the annual deemed value amount previously calculated and the amount recalculated under paragraph (a).
2: For the purpose of section 79(1)
a: any reduction in the annual deemed value amount owed by an applicant that results from the recalculation under subsection (1)﻿(a) takes effect on the date that written notice of the recalculated amount is given under subsection (1)﻿(b); and
b: if a fishing permit ceases to be suspended because of the recalculation, the suspension ends no earlier than the date the written notice of the recalculated amount is given. Section 76B inserted 20 April 2010 section 5 Fisheries Amendment Act 2010
77: Over-fishing thresholds
1: The Governor-General may from time to time, by Order in Council made on the recommendation of the Minister,—
a: specify quota management stocks to which over-fishing thresholds apply:
b: set over-fishing thresholds for those stocks:
c: specify, for each of those stocks, whether a tolerance level applies and, if so, specify the tolerance level.
2: An over-fishing threshold for a stock—
a: is a specified percentage in excess of the annual catch entitlement held by a commercial fisher for the stock to which it relates:
b: takes effect on the first day of the fishing year that commences next after the relevant order under subsection (1) is made.
3: An order made under subsection (1) may set different over-fishing thresholds for different stocks.
4: A tolerance level for a stock—
a: is a specified amount or an amount calculated in accordance with a formula set out in the order:
b: takes effect on the first day of the fishing year that commences next after the relevant order under subsection (1) is made.
5: An order made under subsection (1) may set different tolerance levels for different stocks.
6: Before making a recommendation under subsection (1), the Minister must consult with such persons or organisations as the Minister considers are representative of those classes of persons having an interest in the over-fishing thresholds to which the recommendation relates.
7: An order under this section is secondary legislation ( see Part 3 The following table is small in size and has 3 columns that are grouped under the heading Legislation Act 2019 requirements for secondary legislation made under this section. Legislation Act 2019 requirements for secondary legislation made under this section Publication PCO must publish it on the legislation website and notify it in the Gazette LA19 s 69(1)﻿(c) Presentation The Minister must present it to the House of Representatives LA19 s 114 cl 32(1)﻿(a) Disallowance It may be disallowed by the House of Representatives LA19 ss 115 116 This note is not part of the Act. Section 77 substituted 1 August 2001 section 28(1) Fisheries Act 1996 Amendment Act 1999 Section 77(7) inserted 28 October 2021 section 3 Secondary Legislation Act 2021
77A: Matters to be taken into account when recommending over-fishing thresholds
Before making a recommendation under section 77(1)
a: the effectiveness of deemed values in encouraging commercial fishers to acquire or maintain sufficient annual catch entitlement to cover their total catch; and
b: the particular need, in relation to target stocks, to encourage commercial fishers to acquire or maintain sufficient annual catch entitlement to cover their total catch; and
c: actual or potential risks to the sustainability of the stock; and
d: any other matters that the Minister considers relevant. Section 77A inserted 1 August 2001 section 28(1) Fisheries Act 1996 Amendment Act 1999
78: Catch in excess of over-fishing thresholds
1: This section applies where, following the calculation referred to in section 76(1A)
a: a commercial fisher's reported catch for a stock exceeds the commercial fisher's annual catch entitlement for the stock; and
b: that excess is equal to or greater than the over-fishing threshold for the stock, and, where a tolerance level applies to the stock, is greater than that tolerance level.
2: In such a case the current fishing permit of the commercial fisher and of any person included with the commercial fisher under subsection (11)
3: The condition takes effect as from the close of the month in which the calculation referred to in section 76(1A)
4: The chief executive must—
a: notify the imposition of the condition under subsection (2) to the commercial fisher concerned and any included person of whom the chief executive is aware; and
b: record on the Permit Register details of the imposition of the condition,— but any delay or failure to give that notification or make that record does not affect the imposition of the condition.
5: A commercial fisher who has requested a review under section 80(2) the District Court
6: Despite subsection (2), the chief executive may—
a: approve the taking of fish, aquatic life, or seaweed in an area by a person who would otherwise be subject to the condition imposed by subsection (2); and
b: impose as part of the approval any conditions that he or she considers necessary to reduce the risk of the person taking the stock for which the over-fishing threshold was exceeded.
7: Conditions imposed under subsection (6) may relate to stocks, area, quantities, methods, the use or non-use of vessels, the specific vessel or types of vessels that may be used, and types and amounts of fishing gear, or otherwise.
8: No person may take any fish, aquatic life, or seaweed in contravention of a condition imposed by subsection (2) unless—
a: the person has obtained the prior approval of the chief executive to take fish, aquatic life, or seaweed in that area; and
b: the taking is in accordance with any conditions imposed by the chief executive.
9: Conditions imposed by subsection (2) or under subsection (6) cease to apply—
a: when the commercial fisher referred to in subsection (1) owns an amount of annual catch entitlement for the stock equal to or greater than the commercial fisher's total reported catch of that stock in the fishing year; or
b: at the close of the relevant fishing year,— whichever happens first.
10: If a person takes any fish, aquatic life, or seaweed in contravention of any conditions imposed by subsection (2) or under subsection (6), the person commits an offence and is liable to the penalty set out in section 252(3)
11: For the purposes of subsection (2), a person or entity is to be treated as a person included with the commercial fisher if the person or entity is—
a: a subsidiary of the commercial fisher within the meaning of section 5
b: a company of which the commercial fisher is a subsidiary within the meaning of section 5
c: a partnership or unincorporated joint venture that would be a subsidiary of the commercial fisher, or of which the commercial fisher would be a subsidiary, if the partnership or joint venture were incorporated as a company with shareholdings corresponding to the interests, including returns, of the partners in the partnership or participants in the joint venture.
12: Despite subsection (11),—
a: Te Ohu Kai Moana Trustee Limited, a mandated iwi organisation, or members of an iwi, are not to be regarded as being included with any other person, whether or not that person is a mandated iwi organisation, merely because any of them has the status of being—
i: a beneficiary or income shareholder of Aotearoa Fisheries Limited; or
ii: a beneficiary of—
A: Te Putea Whakatupu Trust; or
B: Te Wai Maori Trust; or
C: Te Ohu Kai Moana; and
ab: Aotearoa Fisheries Limited is not to be regarded as being included with any other person merely because the other person holds, or benefits from, income shares in Aotearoa Fisheries Limited; and
b: no person is regarded as being included with another person merely because either or both of those persons would be included with Te Ohu Kai Moana Trustee Limited
c: no bank registered under the Banking (Prudential Supervision) Act 1989 Section 78 substituted 1 October 2001 section 14(1) Fisheries Amendment Act 2001 Section 78(2) amended 1 October 2004 section 31 Fisheries Amendment Act (No 3) 2004 Section 78(5) amended 1 March 2017 section 261 District Court Act 2016 Section 78(12)﻿(a) substituted 29 November 2004 section 214 Maori Fisheries Act 2004 Section 78(12)﻿(ab) inserted 29 November 2004 section 214 Maori Fisheries Act 2004 Section 78(12)﻿(b) amended 29 November 2004 section 214 Maori Fisheries Act 2004 Section 78(12)﻿(c) amended 1 July 2022 section 300(1) Reserve Bank of New Zealand Act 2021
78A: Other persons may be subjected to same conditions as commercial fisher with catch in excess
1: Where a fishing permit of a person ( person A section 78(2) person B
a: person B is, in respect of commercial fishing, in substance person A; or
b: person B has, in substance, control of the commercial fishing of person A that led to the condition being imposed under section 78(2)
c: person B is allowing person A to conduct commercial fishing under person B's permit for the purpose of assisting person A to fish despite the condition treated as being contained in person A's permit.
2: Without limiting subsection (1), in forming the belief referred to in that subsection, the chief executive may have regard to the following matters:
a: shareholdings in, debentures over, or directorships of, any company that has an interest (whether direct or indirect) in person B or person A:
b: any trust that has a relationship to person B or person A:
c: family, domestic, and business relationships between—
i: person B and person A; and
ii: persons having an interest in person B or person A or in companies or trusts of the kind referred to in paragraph (a) or paragraph (b):
d: whether person B is accustomed to following the instructions of person A:
e: whether person B is accustomed to acting in a manner consistent with advancing the interests of person A.
3: Whether any of paragraphs (a), (b), and (c) of subsection (1) apply may be determined without regard to the form of the persons or entities comprising persons A and B.
4: The chief executive must—
a: give notice to person B of the condition imposed under subsection (1) and a copy of the grounds for imposing the condition as given on oath; and
b: record on the Permit Register details of the imposition of the condition.
5: Any condition imposed under subsection (1) takes effect from the date of notification.
6: Subsections (6), (7), (8), and (10) of section 78
7: Any conditions imposed on person B under this section or section 78(6)
a: when the commercial fisher referred to in section 78(1)
b: at the close of the relevant fishing year,— whichever happens first.
8: If—
a: a person ( person B person A section 78(2)
b: person B, knowing that the condition exists, conducts commercial fishing that would be a breach of the condition imposed on person A's fishing permit,— then each of person A and person B commits an offence and is liable to the penalty set out in section 252(3)
9: If a person ( person B person A section 78(2) section 252(3) Section 78A inserted 1 October 2001 section 14(1) Fisheries Amendment Act 2001
78B: Removal of conditions on other persons
1: A person who has had a condition imposed on his or her fishing permit under section 78(2) section 78A(1) the District Court
2: In determining an application under subsection (1) totally or partially in favour of the applicant, the District Court may remove or amend the condition either totally or partially and on such sureties or conditions as the court considers appropriate. Section 78B inserted 1 October 2001 section 14(1) Fisheries Amendment Act 2001 Section 78B(1) amended 1 March 2017 section 261 District Court Act 2016
79: Suspension of permit for non-payment of deemed value
1: If the total amount of deemed values owed by any commercial fisher exceeds $1,000 and has not been satisfied within the time limit specified in section 76(5)
1A:
1B:
2: The chief executive must—
a: notify every suspension or cessation of suspension of a fishing permit under subsection (1) to the commercial fisher concerned and any included person of whom the chief executive is aware; and
b: record on the Permit Register details of any suspension or cessation of suspension of a fishing permit under subsection (1);— but any delay or failure to give that notification or make that record does not affect the suspension or cessation.
2A:
3: A fishing permit suspended under this section does not authorise any person to take any fish, aquatic life, or seaweed under the authority of that permit, but all other provisions of this Act continue to apply as if the fishing permit had not been suspended.
4: A commercial fisher who has requested a review under section 80(2) the District Court
5: For the purposes of subsections (1) and (2), a person or entity is to be treated as a person included with the commercial fisher if the person or entity is—
a: a subsidiary of the commercial fisher within the meaning of section 5
b: a company of which the commercial fisher is a subsidiary within the meaning of section 5
c: a partnership or unincorporated joint venture that would be a subsidiary of the commercial fisher, or of which the commercial fisher would be a subsidiary, if the partnership or joint venture were incorporated as a company with shareholdings corresponding to the interests, including returns, of the partners in the partnership or participants in the joint venture.
6: Despite subsection (5),—
a: Te Ohu Kai Moana Trustee Limited, a mandated iwi organisation, or members of an iwi are not to be regarded as being included with another person (whether or not that person is a mandated iwi organisation), merely because any of them is—
i: a beneficiary or income shareholder of Aotearoa Fisheries Limited; or
ii: a beneficiary of—
A: Te Ohu Kai Moana:
B: Te Putea Whakatupu Trust:
C: Te Wai Maori Trust; and
b: Aotearoa Fisheries Limited is not to be regarded as being included with another person merely because the other person holds, or benefits from, income shares in Aotearoa Fisheries Limited; and
c: no bank registered under the Banking (Prudential Supervision) Act 1989
7: 2021-10-01 Fisheries Act 1996 Repeal of subsections (1A), (1B), (2A), and (7) Section 79 substituted 1 October 2001 section 14(1) Fisheries Amendment Act 2001 Section 79(1A) repealed 1 October 2021 Section 79(1B) repealed 1 October 2021 Section 79(2A) repealed 1 October 2021 Section 79(4) amended 1 March 2017 section 261 District Court Act 2016 Section 79(6)﻿(a) substituted 29 November 2004 section 214 Maori Fisheries Act 2004 Section 79(6)﻿(b) substituted 29 November 2004 section 214 Maori Fisheries Act 2004 Section 79(6)﻿(c) amended 1 July 2022 section 300(1) Reserve Bank of New Zealand Act 2021 Section 79(7) repealed 1 October 2021
79A: Suspension of fishing permit of other persons
1: Where a fishing permit of a person ( person A section 79(1) person B
a: person B is, in respect of commercial fishing, in substance person A; or
b: person B has, in substance, control of person A in respect of person A's obligations under any of subsections (3), (3A), and (5) of section 76
c: person B is allowing person A to conduct commercial fishing under person B's permit, for the purpose of assisting person A to fish despite the suspension of person A's fishing permit.
2: Without limiting subsection (1), in forming the belief referred to in that subsection, the chief executive may have regard to the following matters:
a: shareholdings in, debentures over, or directorships of, any company that has an interest (whether direct or indirect) in person B or person A:
b: any trust that has a relationship to person B or person A:
c: family, domestic, and business relationships between—
i: person B and person A; and
ii: persons having an interest in person B or person A or in companies or trusts of the kind referred to in paragraph (a) or paragraph (b):
d: whether person B is accustomed to following the instructions of person A:
e: whether person B is accustomed to acting in a manner consistent with advancing the interests of person A.
3: Whether any of paragraphs (a), (b), and (c) of subsection (1) apply may be determined without regard to the form of the persons or entities comprising persons A and B.
4: The chief executive must—
a: give notice to person B of the suspension of a fishing permit under subsection (1), and a copy of the grounds of suspension as given on oath; and
b: record on the Permit Register details of the suspension under subsection (1).
5: The suspension imposed under subsection (1) takes effect from the date of notification.
6: A fishing permit suspended under this section does not authorise any person to take any fish, aquatic life, or seaweed under the authority of that permit, but all other provisions of this Act continue to apply as if the fishing permit had not been suspended.
7: A suspension of a fishing permit under subsection (1) ceases to be of effect once the total amount of all outstanding deemed values owed by the person who incurred the deemed value liability referred to in section 79(1)
7A:
8: If—
a: a person ( person B person A section 79(1)
b: person B, knowing of the suspension, is conducting commercial fishing,— then each of person A and person B commits an offence and is liable to the penalty set out in section 252(3)
9: If a person ( person B person A section 79(1) section 252(3)
10: 2021-10-01 Fisheries Act 1996 Repeal of subsections (7A), and (10) Section 79A inserted 1 October 2001 section 14(1) Fisheries Amendment Act 2001 Section 79A(7A) repealed 1 October 2021 Section 79A(10) repealed 1 October 2021
79B: Removal of suspension, or direction to issue permit
1: This section applies to any person—
a: whose permit has been suspended under section 79(1)
b: whose permit has been suspended under section 79A(1)
c: who has been refused a permit under section 91(6)﻿(c)
2: Such a person may apply to the District Court
a: direct that the suspension be removed, either permanently or pending the final determination of the application; or
b: direct that the permit be issued,— on the grounds that the situation relied upon under section 79(1) and (5) section 79A(1)
3: In determining an application under subsection (1) totally or partially in favour of the applicant, the District Court may—
a: remove the suspension either totally or partially:
b: direct the removal of the suspension, or the issue of the permit, on such sureties or conditions as the court considers appropriate. Section 79B inserted 1 October 2001 section 14(1) Fisheries Amendment Act 2001 Section 79B(2) amended 1 March 2017 section 261 District Court Act 2016 Conclusive notification Heading substituted 1 October 2001 section 30(3) Fisheries Act 1996 Amendment Act 1999
80: Conclusive
notification
1: The chief executive must, for each stock for which a commercial fisher holds an annual catch entitlement or has reported catch, notify the commercial fisher in writing of such matters as are specified for the purpose in any regulations made under section 297
1A: A notification under subsection (1) must be made as soon as practicable after the date specified for the purpose in regulations made under section 297
2: Any commercial fisher who considers that any information supplied in the notification under subsection (1) is incorrect in relation to any matter required to be specified in any notice given under that subsection may, within 20 days after the date specified for the purpose in the notice, request a review of the matters specified in the notification, but no request under this section may be made if the notification is no different from the previous month's notification or if the grounds for such a request relate to the registration or non-registration of a transfer of annual catch entitlement for any reason and in any circumstances.
3: Subsection (2) does not prevent any person making an application under section 164
4:
5: The chief executive shall, if satisfied that a valid request for review has been received and sufficient information has been provided, conduct a review of the notification and, as soon as practicable, determine the matters that are the subject of the review and issue a new notification containing all matters specified in subsection (1) and incorporating the results of that determination.
6: Any commercial fisher who is dissatisfied with any new notification issued by the chief executive under subsection (5) may, within 20 working days after the date specified for the purpose in the notification of the decision, appeal to the District Court
a: the appeal shall be commenced by way of an originating application under subpart 2
b: the court—
i: shall consider each of the matters to which the appeal relates; and
ii: shall make a final determination in respect of each of those matters; and
iii: shall direct the chief executive to issue a new and final notification; and
iv: may make such orders as to costs and such other orders as it thinks fit.
7: Subject to subsection (6), no decision or purported decision of the chief executive under subsection (5) shall be liable to be challenged, reviewed, quashed, called into question, or be subject to an appeal, but nothing in this subsection shall prevent any appeal in respect of any proceedings under subsection (6).
8: Every notification given under this section is presumed to be conclusive for the purpose of this Act.
9: Any deemed value amount demanded by the chief executive that may be affected by the outcome of any objection under this section shall remain payable and all provisions of this Act shall apply accordingly notwithstanding the objection under this section.
10: Nothing in any notification referred to in subsection (8)—
a: prevents the chief executive altering any information in a notification under subsection (1) merely because he or she has accepted any return required under this Act that is given late; or
b: shall be conclusive against the Crown in any criminal proceedings.
11: As soon as practicable after the close of the 15th day of each month, the chief executive shall notify the relevant Registrar of Annual Catch Entitlement of—
a: the total catch reported by each commercial fisher for the relevant year to the end of each month; and
b: any change to any commercial fisher's reported catch as a result of any decision in respect of a request for review made under this section. Section 80 heading amended 1 October 2001 section 30 Fisheries Act 1996 Amendment Act 1999 Section 80(1) substituted 1 October 2001 section 30(1) Fisheries Act 1996 Amendment Act 1999 Section 80(1A) inserted 1 October 2001 section 30(1) Fisheries Act 1996 Amendment Act 1999 Section 80(4) repealed 9 September 1999 section 86 Fisheries Act 1996 Amendment Act 1999 Section 80(6) amended 1 March 2017 section 261 District Court Act 2016 Section 80(6)﻿(a) amended 1 March 2017 section 261 District Court Act 2016 Section 80(8) substituted 1 October 2001 section 30(2) Fisheries Act 1996 Amendment Act 1999
5: Foreign licensed access
81: Calculation of foreign allowable catch
1: The Minister shall from time to time determine—
a: the portion of the total allowable commercial catch for a
b: the portion of the total catch limit (if any) for any stock not subject to the quota management system (including any highly migratory stock) that may be taken within the exclusive economic zone; and
c: the foreign allowable catch for a
2: The foreign allowable catch for any quota management stock shall be the lesser of—
a: the portion of the total allowable commercial catch for the time being determined for the stock under subsection (1)﻿(a):
b: the Crown's available annual catch entitlement for the stock.
3: For the purposes of subsection (2)﻿(b), the Crown's available annual catch entitlement for a stock is the Crown's holding of annual catch entitlement for the stock that—
a: is generated from unencumbered quota held by the Crown; and
b: remains unsold after the Crown has offered the annual catch entitlement for sale to persons entitled to own quota.
4: The foreign allowable catch for any stock not subject to the quota management system shall be the lesser of—
a: the portion of the total catch limit (if any) for the time being determined under subsection (1)﻿(b):
b: a catch that is sustainable after taking into account the total catch limit (if any) for, and the domestic harvesting capacity of, the stock.
5: For the purposes of this section, the term domestic harvesting capacity
a: any changes in the harvesting capacity of the domestic commercial fishing fleet due to—
i: recent investment in fishing vessels and fishing equipment; and
ii: catch trends; and
b: non-commercial take and scientific take.
6: If the foreign allowable catch for any quota management stock has been determined under subsection (1)﻿(c) in accordance with subsection (2), the Minister shall set aside an amount of the Crown's holding of annual catch entitlement for the stock that is equivalent to the amount of the foreign allowable catch, and such annual catch entitlement shall not be used for fishing.
7: Nothing in this section applies in relation to any highly migratory species. 1977 No 28 s 12 Section 81(1)﻿(a) amended 1 October 2004 section 32(1) Fisheries Amendment Act (No 3) 2004 Section 81(1)﻿(c) amended 1 October 2004 section 32(1) Fisheries Amendment Act (No 3) 2004 Section 81(3) substituted 1 October 2004 section 32(2) Fisheries Amendment Act (No 3) 2004 Section 81(7) added 1 October 2004 section 32(3) Fisheries Amendment Act (No 3) 2004
82: Apportionment of foreign allowable catch for foreign fishing vessels
1: The Minister may from time to time apportion, among countries other than New Zealand, the foreign allowable catch in respect of any stock (other than any highly migratory species)
2: In making an apportionment under subsection (1), the Minister shall have regard to—
a: the degree to which fishing vessels of countries other than New Zealand have engaged in fishing within the exclusive economic zone; and
b: the degree to which such countries have co-operated with New Zealand in fisheries research and in the identification of fish stocks within the exclusive economic zone; and
c: the degree to which such countries have co-operated with New Zealand in the conservation and management of fisheries resources within the exclusive economic zone, and in the enforcement of New Zealand law relating to such resources; and
d: the degree to which such countries have complied with any relevant international obligations; and
e: such other matters as the Minister, after consultation with the Minister of Foreign Affairs and Trade, considers to be relevant. 1977 No 28 s 13 Section 82(1) amended 1 October 2004 section 33 Fisheries Amendment Act (No 3) 2004
83: Issue of licences
1: The operator of any foreign fishing vessel who proposes to use that vessel for fishing within the exclusive economic zone may, in the approved form, apply for a licence for that purpose; and—
a: the application shall be made to a place Gazette
b: the application shall be accompanied by the prescribed fee (if any) and shall contain such information as the Minister may from time to time require by notice in the Gazette
2: The Minister may issue to the operator of any foreign fishing vessel a licence to fish using that vessel within the exclusive economic zone.
2A: In the case of an application to fish for any highly migratory species, the Minister may issue a licence under subsection (2) only if the Minister considers that to do so would be consistent with the optimum utilisation of that species within the exclusive economic zone.
3: Before issuing a licence under this section, the Minister—
a: must have regard to the previous offending history (if any), in relation to fishing or transportation (whether within the national fisheries jurisdiction of New Zealand or another country, or on the high seas), of the vessel's owner, operator, master, or crew; and
b: may have regard to such other matters as the Minister considers to be relevant.
4: A licence may be issued under this section upon or subject to conditions relating to all or any of the following matters:
a: the areas within the exclusive economic zone in which fishing is authorised:
b: the seasons, times, and particular voyages during which fishing is authorised:
c: the species, size, age, and quantities of fish, aquatic life, or seaweed that may be taken:
d: the methods by which fish, aquatic life, or seaweed may be taken:
e: the types, size, and amount of fishing gear or equipment that may be used or carried and the modes of storage of that gear or equipment when not in use:
f: the use, transfer, transhipment, landing, receiving, and processing of fish, aquatic life, or seaweed taken:
g: procedures or requirements, or both, enabling the verification of fish, aquatic life, or seaweed taken or being taken by the vessel, including procedures or restrictions relating to the species of, quantities of, or areas from which, fish, aquatic life, or seaweed are being or have been taken by the vessel:
h: entry by the vessel to New Zealand ports, whether for the inspection of its catch or for other purposes:
i: the compensation payable to New Zealand citizens or to the Crown in the event of any loss or damage caused by the vessel to other vessels or their gear, equipment or catch, or to pipelines or cables, or to other New Zealand interests:
j: reports and information required to be given to the chief executive by the licence holder, including reports and information relating to—
i: catch and effort:
ii: the positions and activities of the vessel:
k: management controls regarding fishing-related mortality of protected species:
l: the conduct of specified programmes of fisheries research:
m: the display on board the vessel of the licence issued in respect of the vessel:
n: the marking of the vessel and other means for its identification:
o: the placing of observers on the vessel and the payment of any associated prescribed fees and charges by the licence holder:
p: the installation on the vessel and the maintenance of any automatic location communicator or other equipment for the identification and location of the vessel, and of adequate navigational equipment to enable the vessel to fix its position:
q: the carriage on board the vessel of specified charts, publications, and instruments:
r: such other matters as the Minister considers necessary or expedient for the purpose of this Act or any other enactment or otherwise.
5: The Minister may at any time, by notice in writing to the licence holder,—
a: amend or revoke any provision or condition of a licence issued under this section; or
b: add new provisions or conditions to any such licence— with effect on and from a date specified in the notice.
6: In exercising powers under this section, the Minister shall ensure that the total catch authorised to be taken from any stock within the exclusive economic zone by vessels licensed under this section that are vessels of a particular country does not exceed that country's apportionment for that stock under section 82 1977 No 28 ss 15 16 17 Section 83(1)﻿(a) amended 1 October 2001 section 15 Fisheries Amendment Act 2001 Section 83(2A) inserted 1 October 2004 section 34 Fisheries Amendment Act (No 3) 2004 Section 83(3)﻿(a) substituted 1 October 2001 section 6 Fisheries Act 1996 Amendment Act (No 2) 1999
84: Licensing offences
1: No person may take any fish, aquatic life, or seaweed within the exclusive economic zone using a foreign fishing vessel except—
a: under the authority of—
i: a licence issued under section 83
ii: if the vessel is used for the purposes of fisheries research or experimentation (including gear and equipment trials) or recreation, the prior written consent of the Minister; and
b: in accordance with any conditions of that licence or consent.
2: Consent under subsection (1)﻿(a)﻿(ii) may be given unconditionally or upon or subject to such conditions, including the payment of fees, as the Minister thinks fit.
3: Every person commits an offence and is liable to the penalty set out in section 252(2)
4: Every person commits an offence and is liable to the penalty set out in section 252(3) 1977 No 28 ss 14 23 Section 84(1) substituted 1 October 2001 section 15 Fisheries (Remedial Issues) Amendment Act 1998
85: Fees, royalties, and charges
Every person to whom a licence has been issued under this Part shall pay to the Crown, in such manner as may be prescribed, such fees, royalties, and charges as may be prescribed under section 297 section 299 1977 No 28 s 18 1980 No 146 s 2(1)
86: Suspension and revocation of licences
1: If the Minister is satisfied that—
a: an offence against this Act or any other New Zealand law that applies to fishing within New Zealand fisheries waters has been committed by the owner, operator, master, or crew member of a foreign fishing vessel; or
b: any licence holder, master, or crew member of a foreign fishing vessel has failed to pay to the Crown, within the time limit set out in section 88(9) the Minister may suspend the licence for such period as he or she shall specify or may revoke the licence.
2: If the Minister, after consultation with the Minister of Foreign Affairs and Trade, considers that it is necessary or expedient to achieve the purpose of this Act or to recognise any international obligation relating to fishing, the Ministry may suspend any licence for such period as he or she shall specify or may revoke any licence.
3: While suspended under this section, a licence does not authorise fishing, but the obligations and conditions imposed by the licence, or imposed by or under this Act in relation to it, shall continue to have effect.
4: Any person may request the Minister to revoke any licence issued to that person, and, upon revocation of that licence under this subsection,—
a: the licence holder shall ensure that the licence and any duplicates are surrendered to the Minister; and
b: the licence shall cease to have any effect for the purpose of this Act.
5: The Minister may revoke any licence if satisfied that any information or evidence supplied with the application was false or misleading in any material particular, and, upon revocation under this subsection,—
a: the licence holder shall ensure that the licence and any duplicates are surrendered to the Minister; and
b: the licence shall cease to have any effect for the purpose of this Act.
6: Any revocation of a licence under subsection (5) shall be deemed to have effect on and from the date of issue of the licence; but nothing in that subsection requires the Minister to remit or refund any fees or charges paid or payable in respect of that licence from the date the licence was issued to the date of revocation.
87: Review by courts
No exercise or purported exercise by the Minister of any power conferred on the Minister by section 83(6) section 86(2) 1977 No 28 s 21
88: Administrative penalties for fisheries offences
1: This section—
a: applies in respect of any offence that carries a penalty of a fine not exceeding $250,000 and is an offence against this Act or against any other New Zealand law that relates to fishing; but
b: does not apply in respect of any alleged offence if any charge has been filed
2: If the Minister has reasonable cause to believe that—
a: an offence to which this section applies may have been committed by any person in respect of any vessel licensed or required to be licensed under this Part; and
b: having regard to all the circumstances relating to the alleged offence it is of a minor nature and, having regard to the previous conduct of the vessel and of the person concerned in New Zealand fisheries waters, it would be appropriate to impose a penalty under this section,— the Minister may cause a notice in writing, in the approved form, to be served on that person.
3: A notice under subsection (2) shall contain—
a: the date and nature of the alleged offence; and
b: a summary of the facts on which the allegation that an offence has been committed is based (which summary shall be sufficient to fully and fairly inform the person of the allegation against the person); and
c: any other matters (other than previous convictions) that the Minister considers relevant to the imposition of a penalty— and shall be endorsed with a statement setting out the provisions of this section.
4: Any person on whom a notice under subsection (2) is served may, within 28 days after the notice is served on the person, by a notice in writing in the approved form served on the chief executive, require that any proceedings in respect of the alleged offence shall be dealt with before a court, in which case the following provisions shall apply:
a: no further proceedings shall be taken under this section by the Minister:
b: nothing in this section shall be construed to prevent the subsequent filing of any charging document
5: Any person on whom a notice under subsection (2) is served who does not require that any proceedings in respect of the alleged offence be dealt with before a court may, by notice in writing served on the chief executive,—
a: admit the offence; and
b: make submissions to the Minister as to the matters the person wishes the Minister to take into account in imposing any penalty under this section.
6: If a person on whom a notice under subsection (2) is served does not, within 28 days after the notice is served on the person,—
a: require that any proceedings in respect of the alleged offence be dealt with before a court; or
b: admit the offence,— the person shall on the expiration of that period be deemed to have admitted the offence.
7: If under this section a person admits or is deemed to have admitted an offence, the Minister may, after taking into account any submissions made by the person under subsection (5), impose on that person a monetary penalty not exceeding one-third of the maximum monetary penalty to which the person would be liable if the person were convicted of the offence by a court.
8: If the Minister imposes a penalty on a person under this section in respect of an offence, the Minister shall cause a notice in writing in the approved form of the particulars of the penalty to be served on the person.
9: A person on whom a penalty is imposed under this section shall pay the amount of the penalty to the Crown within 28 days after the notice of the penalty is served on the person in accordance with subsection (8).
10: Notwithstanding the provisions of subsection (9) or section 86(1)
11: Notwithstanding the provisions of this Act, or any other enactment, where any offence has been admitted or deemed to have been admitted under this section, no charging document may be filed 1977 No 28 s 26 Section 88(1)﻿(b) amended 1 July 2013 section 413 Criminal Procedure Act 2011 Section 88(4)﻿(b) amended 1 July 2013 section 413 Criminal Procedure Act 2011 Section 88(10) amended 1 July 2013 section 413 Criminal Procedure Act 2011 Section 88(11) amended 1 July 2013 section 413 Criminal Procedure Act 2011
6: Access to fishery
Fishing permits
89: All fishing to be authorised by fishing permit unless specific exemption held
1: No person shall take any fish, aquatic life, or seaweed by any method unless the person does so under the authority of and in accordance with a current fishing permit.
2: Subsection (1) does not apply to the taking of—
a: fish, aquatic life, or seaweed by any natural person otherwise than for the purpose of sale and in accordance with any amateur fishing regulations made under, and any other requirements imposed by, this Act; or
b: fish, aquatic life, or seaweed by any natural person otherwise than for the purpose of sale and in accordance with any Maori customary non-commercial fishing regulations made under, and any other requirements imposed by, this Act; or
c: any seabirds or protected species; or
d: any whitebait, sports fish, ornamental fish, or unwanted aquatic life; or
e: fish, aquatic life, or seaweed by any person in accordance with an authorisation given under the Marine Reserves Act 1971
f: seaweed of the class Rhodophyceae while it is unattached and cast ashore; or
g: samples of fish, aquatic life, or seaweed under the authority of sections 304 312
h: samples of fish, aquatic life, or seaweed under the authority of section 6 of the Meat Act 1981
ha: samples of fish, aquatic life, or seaweed under the authority of Part 7
i: fish, aquatic life, or seaweed under the authority of a foreign fishing vessel licence issued under section 83
j: fish, aquatic life, or seaweed in accordance with a freshwater fish farming licence issued under the Freshwater Fish Farming Regulations 1983 Fisheries Act 1983
2A: Despite subsection (1), a person may take fish, aquatic life, or seaweed of a stock or species listed in Schedule 4C
2B:
3: For the purposes of subsection (1), no person shall take any fish, aquatic life, or seaweed under the authority of a fishing permit unless that person is—
a: the holder of that fishing permit; or
b: a person who is an employee or agent of the holder of that fishing permit; or
c: the master or a member of the crew of a fishing vessel that is registered in the name of the holder of that fishing permit.
4: For the purposes of subsection (1), no person shall take,—
a: in the case of a fishing permit that authorises the taking of freshwater eels, any freshwater eel; or
b: if the fishing occurs otherwise than from a vessel, any fish, aquatic life, or seaweed— under the authority of a fishing permit unless that person is the holder of that permit or belongs to the class of persons referred to in paragraph (b) or paragraph (c) of subsection (3) and is named in an agreement approved by the chief executive under subsection (5) before the taking occurred.
5: The chief executive may approve an agreement for the purpose of subsection (4) if—
a: the agreement is submitted to the chief executive in the approved form and is accompanied by the prescribed fee (if any); and
b: the agreement is signed by all persons for whom authority to take under the fishing permit is being sought, and by the holder of the fishing permit; and
c: the number of persons for whom authority to take under the fishing permit is being sought does not exceed the total number of persons (if any) permitted in accordance with subsection (8).
6: The chief executive may approve a variation of an agreement approved under subsection (5) that adds or deletes the name of any person to or from the agreement, if—
a: the variation is submitted to the chief executive in the approved form and is accompanied by the prescribed fee (if any); and
b: the variation is signed by the persons for whom new authority to take under the fishing permit is being sought, and the holder of the fishing permit; and
c: the number of persons who will have authority to take under the fishing permit will not exceed the total number of persons (if any)
7: Agreements under subsection (5) and variations under subsection (6) shall not take effect until approved by the chief executive.
8: The chief executive may impose a condition on a fishing permit under section 92(1)
8A: Subsections (4) to (8) do not apply to the taking of freshwater eels that are subject to the quota management system.
9: No person shall at any time hold more than 1 fishing permit.
10: No fishing permit holder may transfer that permit to any other person.
11:
12: Every person commits an offence and is liable to the penalty set out in section 252(3) 1983 No 14 s 62(1), (2) 1986 No 34 s 13(1) Section 89(2)﻿(g) amended 1 March 2016 section 447 Food Act 2014 Section 89(2)﻿(ha) inserted 1 November 1999 section 8(1) Animal Products (Ancillary and Transitional Provisions) Act 1999 Section 89(2A) substituted 1 October 2004 section 35 Fisheries Amendment Act (No 3) 2004 Section 89(2B) repealed 1 October 2004 section 35 Fisheries Amendment Act (No 3) 2004 Section 89(6)﻿(c) amended 1 October 2001 section 31(1) Fisheries Act 1996 Amendment Act 1999 Section 89(8) substituted 1 October 2001 section 31(2) Fisheries Act 1996 Amendment Act 1999 Section 89(8A) inserted 1 October 2001 section 7(1) Fisheries Act 1996 Amendment Act (No 2) 1999 Section 89(11) repealed 1 October 2001 section 7(2) Fisheries Act 1996 Amendment Act (No 2) 1999
89A: Exemption relating to farmed fish and spat catching
Section 89(1)
a: section 186U
b: an exemption granted under section 186Q Section 89A inserted 1 January 2005 section 6 Fisheries Amendment Act (No 3) 2004
89B: Exemption relating to
protected customary rights Section 89(1)
a: the fish, aquatic life, or seaweed is taken from a site at which fish farming is being undertaken under a protected customary rights order or an agreement
b: the fish, aquatic life, or seaweed has been lawfully acquired and transferred to that site and ongrown, or bred or cultivated at that site, in accordance with the protected customary rights order or an agreement Section 89B inserted 1 January 2005 section 6 Fisheries Amendment Act (No 3) 2004 Section 89B heading amended 1 April 2011 section 128 Marine and Coastal Area (Takutai Moana) Act 2011 Section 89B(a) amended 1 April 2011 section 128 Marine and Coastal Area (Takutai Moana) Act 2011 Section 89B(b) amended 1 April 2011 section 128 Marine and Coastal Area (Takutai Moana) Act 2011
90: Application for fishing permit
Section 90 repealed 9 September 1999 section 85(e) Fisheries Act 1996 Amendment Act 1999
91: Issue of fishing permit
1: Subject to subsections (2) to (6) and to sections 93 93A
2: A fishing permit may, but is not required to, be issued to any person who owes the Crown any levy payable under Part 14
3: A fishing permit authorises the taking of—
a: any stocks that are subject to the quota management system; and
b: any stocks or species that are neither subject to the quota management system nor listed in Schedule 4C
c: any stocks or species listed in Schedule 4C that are listed on a fishing permit held by the commercial fisher.
4: Despite section 93 section 306 section 89(2)﻿(f)
5: Before issuing a fishing permit to an applicant, the chief executive may require the applicant to provide a suitable third party guarantee, or bond, in an amount specified by the chief executive.
6: No fishing permit may be issued to any person who—
a: is a person who has unpaid deemed value amounts in excess of $1,000 that are overdue, or is a person who is treated by section 79(5)
b: is a person whose fishing permit is suspended under section 79A
c: the chief executive believes, on reasonable grounds, is a person whose fishing permit, if they had one, would be suspended under section 79A(1) 1983 No 14 s 63(2), (4), (6), (8), (9) Section 91(1) substituted 1 October 2001 section 32(1) Fisheries Act 1996 Amendment Act 1999 Section 91(3) substituted 1 October 2004 section 36 Fisheries Amendment Act (No 3) 2004 Section 91(4) substituted 1 October 2001 section 32(2) Fisheries Act 1996 Amendment Act 1999 Section 91(5) substituted 1 October 2001 section 32(2) Fisheries Act 1996 Amendment Act 1999 Section 91(6) substituted 1 October 2001 section 17 Fisheries Amendment Act 2001
92: Fishing permit may be issued subject to conditions
1: A fishing permit must—
a: state that it authorises the taking of—
i: stocks that are subject to the quota management system; and
ii: stocks or species that are neither subject to the quota management system nor listed in Schedule 4C
b: list those stocks or species listed in Schedule 4C
1A: A fishing permit may be subject to any conditions that the chief executive considers appropriate, including—
a: conditions relating to—
i: areas or methods:
ii: the use or non-use of vessels, and the specific vessel (if any) that may be used:
iii: types and amounts of fishing gear:
iv: the taking or handling of fish, aquatic life, or seaweed:
v: places where fish, aquatic life, or seaweed may be landed:
vi: periods of time within which the permit holder may take fish, aquatic life, or seaweed:
b: conditions that the chief executive may impose under section 78(6)
2: The chief executive may from time to time, by written notice to a fishing permit holder, amend, add, or revoke any conditions of the permit, to take effect from a date specified in the notice.
3: The conditions that may be imposed on fishing permits under this section may be more restrictive or more onerous than the conditions imposed on fishing by any regulations or notice.
4: The chief executive may, if the chief executive considers it expedient to do so, require the holder of a fishing permit to surrender the permit and may replace that fishing permit with a new fishing permit containing the new conditions.
5: The conditions referred to in this section shall be substantially the same for all fishing permits in respect of the same stock, unless the chief executive is satisfied, on stated grounds, that different conditions are reasonable.
6: Every person commits an offence and is liable to the penalty set out in section 252(5) Section 92(1) substituted 1 October 2004 section 37(1) Fisheries Amendment Act (No 3) 2004 Section 92(1A) inserted 1 October 2004 section 37(1) Fisheries Amendment Act (No 3) 2004
93: Qualifications for holding fishing permit and moratorium
1: Subject to section 93A of a stock or species listed in Schedule 4C
a: all of the following apply:
i: on 30 September 1992, that person held a current fishing permit under section 63
ii: during the period commencing on 1 October 1990 and ending with the close of 30 September 1992, that person lawfully took fish, aquatic life, or seaweed under the authority of the fishing permit held by that person; and
iii: the chief executive is satisfied that the fish, aquatic life, or seaweed taken by that person, during that period were—
A: 1 or more of the stocks named in the fishing permit held by that person; and
B: caught as a target stock (other than bycatch); or
b: a fishing permit was issued to that person under section 2(2)
2: A fishing permit issued under subsection (1) shall not authorise a person to take a stock or species listed in Schedule 4C
a: the stock—
i: is of the same species as 1 or more of the stocks referred to in subsection (1)﻿(a)﻿(iii)﻿(A) that were caught as a target stock (other than bycatch) during the period referred to in subsection (1)﻿(a)﻿(ii); and
ii: was named in the fishing permit held by that person on 30 September 1992; or
b: in the case of a fishing permit issued to a person referred to in subsection (1)﻿(b), the stock was named on the permit issued to that person under section 2(2)
3: In satisfying himself or herself on any matter under this section, the chief executive shall only have regard to information from fishing records or returns duly completed and provided before 15 October 1992 in the prescribed manner or in accordance with requirements made under section 66(3)
4: This section does not apply to tuna. 1983 No 14 s 63(13) 1986 No 34 ss 10, 13(1) 1992 No 137 s 4 Section 93(1) amended 1 October 2004 section 38(1) Fisheries Amendment Act (No 3) 2004 Section 93(1) amended 1 October 2001 section 34 Fisheries Act 1996 Amendment Act 1999 Section 93(2) amended 1 October 2004 section 38(2) Fisheries Amendment Act (No 3) 2004
93A: Fishing permits subject to moratorium issued to related persons on death of fishing permit holder
Section 93A expired 1 October 2007 section 93B
93B: Expiry of section 93A
Section 93A Section 93B inserted 1 October 2001 section 35 Fisheries Act 1996 Amendment Act 1999
94: Right of review against decisions made under delegated authority
If any decision in respect of a fishing permit or high seas fishing permit or Part 6A or high seas fishing permit holder of the permit 1983 No 14 s 63(11) Section 94 amended 1 October 2001 section 8(a) Fisheries Act 1996 Amendment Act (No 2) 1999 Section 94 amended 1 October 2001 section 8(b) Fisheries Act 1996 Amendment Act (No 2) 1999 Section 94 amended 1 October 2001 section 8(c) Fisheries Act 1996 Amendment Act (No 2) 1999
95: Obligations of fishing permit holder
Section 95 repealed 9 September 1999 section 85(f) Fisheries Act 1996 Amendment Act 1999
96: Revocation of fishing permit
1: If the chief executive revokes a fishing permit under section 305A
a: the fishing permit must be immediately cancelled; and
b: the holder must ensure that the fishing permit and any duplicates are forthwith surrendered to the chief executive; and
c: no fish, aquatic life, or seaweed taken after the date of the supply of the false or misleading information may be regarded as eligible catch for the purposes of section 34
d: no individual catch entitlement under the permit entitles the holder to an allocation of any quota.
2: A person may request the chief executive to revoke any fishing permit issued to that person, and shall enclose the fishing permit and any duplicates with the request; and, upon revocation, the fishing permit shall cease to have any effect for the purpose of this Act.
3: Nothing in this section shall require the chief executive to remit or refund any fees, charges, or levies paid or payable by the fishing permit holder for the period from the date of issue of the permit to the date of revocation. Section 96(1) substituted 1 October 2001 section 36 Fisheries Act 1996 Amendment Act 1999 Special permits
97: Special permits
1: The chief executive may, on application made to the chief executive in the approved form, issue to any person named in the application a special permit—
a: for the purposes of—
i: education; or
ii: investigative research; or
iii: management or eradication of unwanted aquatic life; or
iv: the carrying out of trials and experiments with fishing vessels or fishing gear or any other apparatus or technique that is capable of being used in connection with the taking of fish, aquatic life, or seaweed:
b: for the purposes of sport or recreation in the case of any disabled person within the meaning of the Disabled Persons Employment Promotion Act 1960
c: for any other purpose approved by the Minister after consultation with such persons and organisations as he or she considers are representative of those classes of persons having an interest in the granting of a special permit for such a purpose, including Maori, environmental, commercial, and recreational interests.
2: If the issuing of any special permit will have a significant effect on fisheries resources or any fishing interest in the stocks affected that are provided for or authorised by or under this Act, the chief executive shall, before issuing such a permit, consult with such persons and organisations as the chief executive considers are representative of those classes of persons having interests that would be affected if the special permit were issued.
3: In considering any application for a special permit, other than for the purpose of the management or eradication of any unwanted aquatic life, the chief executive shall take into account the purpose of this Act and the environmental and information principles.
4: Notwithstanding anything in any other section of this Act, the chief executive may authorise the holder of a special permit to take and dispose of fish, aquatic life, or seaweed subject to such terms and conditions as the chief executive may set out in the permit.
5: The chief executive may at any time, by notice in writing to the special permit holder, amend, add, or revoke any term or condition of a special permit issued under this section, which term or condition shall take effect from a date specified in the notice.
6: It shall be deemed to be a term of every special permit that no fish, aquatic life, or seaweed taken under the authority of the permit shall be disposed of except in the manner specified in the special permit.
7: Notwithstanding anything in section 192
8: The chief executive may at any time revoke any special permit by notice in writing to the holder, which revocation shall take effect from a date specified in the notice.
9: The chief executive shall not issue a special permit in respect of any seabirds or protected species.
10:
11: Every person commits an offence and is liable to the penalty set out in section 252(5) 1983 No 14 s 64 1986 No 34 s 13(1) Section 97(10) repealed 9 September 1999 section 86 Fisheries Act 1996 Amendment Act 1999 Administration
98: Registers
1: The chief executive shall keep the following registers:
a: a register to be called the Fishing Vessel Register:
b: a register to be called the Permit Register:
c: a register to be called the High Seas Permit Register.
2: The registers may be kept in the form of information stored by means of a computer.
3: The registers may be kept in conjunction with any other register required to be kept under this Act.
4: The Crown owns all information contained in the Fishing Vessel Register or the Permit Register or the High Seas Permit Register
5: The chief executive shall, by notice in the Gazette
6: Without limiting anything in section 297 Section 98(1)﻿(c) added 1 October 2001 section 9(1) Fisheries Act 1996 Amendment Act (No 2) 1999 Section 98(4) amended 1 October 2001 section 9(2) Fisheries Act 1996 Amendment Act (No 2) 1999
99: Appointment of Registrars
Section 99 repealed 9 September 1999 section 85(g) Fisheries Act 1996 Amendment Act 1999
100: Matters to be shown in Permit Register and Fishing Vessel Register
The Permit Register and the Fishing Vessel Register must each contain all the particulars required by regulations made under section 297 Section 100 substituted 1 October 2001 section 37 Fisheries Act 1996 Amendment Act 1999
101: Matters to be shown in Fishing Vessel Register
Section 101 repealed 1 October 2001 section 37 Fisheries Act 1996 Amendment Act 1999
101A: Matters to be shown in High Seas Permit Register
The High Seas Permit Register must contain all the particulars required by regulations made under section 297 Section 101A inserted 1 October 2001 section 10 Fisheries Act 1996 Amendment Act (No 2) 1999
102: Access to registers
1: The Permit Register , the Fishing Vessel Register, and the High Seas Permit Register Gazette section 98(5)
2: Subject to subsection (3), the chief executive
3: If the chief executive chief executive 1983 No 14 s 56 1986 No 34 s 13(1) Section 102 heading amended 1 December 2020 section 217 Privacy Act 2020 Section 102(1) amended 1 December 2020 section 217 Privacy Act 2020 Section 102(1) amended 1 October 2001 section 11 Fisheries Act 1996 Amendment Act (No 2) 1999 Section 102(2) amended 9 September 1999 section 90(2) Fisheries Act 1996 Amendment Act 1999 Section 102(3) amended 9 September 1999 section 90(2) Fisheries Act 1996 Amendment Act 1999 Fishing vessel registration
103: Fishing vessels must be registered
1: A person must not use a fishing vessel, or any tender of that fishing vessel, to take fish, aquatic life, or seaweed for sale, in New Zealand fisheries waters, unless—
a: the vessel is a New Zealand ship or has been exempted under section 103A(1)
b: the vessel is registered under this section in the Fishing Vessel Register as a fishing vessel; and
c: that person complies with all conditions of registration.
2: An application to register a fishing vessel must—
a: be made by the operator of that fishing vessel; and
b: be made to the chief executive in the approved form and be accompanied by the prescribed fee (if any); and
c: be supported by evidence of the vessel's registration as a New Zealand ship or its exemption under section 103A(1)
3: Consent under section 103A(4)
4: If the chief executive, having received an application made in accordance with this section, is satisfied that the vessel is registered as a New Zealand ship or has been exempted under section 103A(1)
a: register the fishing vessel,—
i: in the case of a New Zealand ship, for a period not exceeding 5 years; or
ii: in the case of a vessel exempted from the requirement to be a New Zealand ship, for the relevant period under section 103A(3)
b: issue to the operator a certificate of registration in respect of that vessel.
5: All conditions of the chief executive's consent to the registration of a vessel in the Fishing Vessel Register are deemed for all purposes to be conditions of the registration of the vessel.
6: This section does not require that a vessel be registered as a fishing vessel merely because it is used to take fish, aquatic life, or seaweed produced as part of a lawful fish farming operation.
7: A person commits an offence and is liable to the penalty set out in section 252(5) Section 103 replaced 1 May 2016 section 8 Fisheries (Foreign Charter Vessels and Other Matters) Amendment Act 2014
103A: Process for granting exemption from requirement to be New Zealand ship and granting consent to registration
1: The chief executive may, on application, exempt a vessel from the requirement to be a New Zealand ship if satisfied that—
a: the vessel will be used only for carrying out fisheries-related research commissioned or approved by the chief executive; and
b: the operator of the vessel or, if the operator is an overseas person, the authorised agent has made reasonable efforts to find a replacement vessel that is a New Zealand ship but was unsuccessful; and
c: the exemption will be in New Zealand’s interests; and
d: there will be sufficient New Zealand control of the operations of the vessel during the period for which it is exempted.
2: An application under subsection (1) must—
a: be made by the operator of the vessel or, if the operator is an overseas person, by the authorised agent; and
b: be made in the approved form; and
c: be accompanied by the prescribed fee and the evidence specified in the approved form.
3: An exemption may be granted for the period specified in the special permit issued for the purposes of the fisheries-related research.
4: For the purposes of section 103(3)
a: grant consent, either generally or particularly, to the registration of 1 or more foreign-owned vessels operated by any person; and
b: grant consent under this section subject to any conditions that the chief executive thinks fit to impose (and such conditions may include, but are not limited to, conditions that relate to fisheries management, employment, vessel safety, or compliance with maritime rules relating to pollution and the discharge of waste material from vessels).
5: The chief executive must have regard to the following matters before deciding whether or not to grant consent under this section:
a: any risk associated with fisheries management, employment, vessel safety, or compliance with maritime rules relating to pollution and the discharge of waste material from vessels that the chief executive considers would be likely to result if the vessel were to be registered; and
b: the previous offending history (if any), in relation to fishing or transportation (whether within the national fisheries jurisdiction of New Zealand or another country, or on the high seas), of the vessel's owner, operator, foreign charter party, notified user, master, or crew; and
c: the nature of the charter or other agreement with the operator (if any); and
d: any other matters that the chief executive considers relevant.
6: The chief executive may, from time to time, by written notice to the operator of a vessel with effect from the date specified in the notice amend, add to, or revoke any conditions of the consent to the registration of the vessel.
7: If the chief executive grants an exemption under subsection (1) from the requirement to be a New Zealand ship, or if a vessel is owned or operated by an overseas person who has obtained consent under the overseas investment fishing provisions or is exempt from the requirement for that consent, the following provisions apply while the vessel is in New Zealand fisheries waters:
a: for the purposes of the Minimum Wage Act 1983 Wages Protection Act 1983 Immigration Act 2009
b: for the purposes of the Minimum Wage Act 1983 Wages Protection Act 1983
i: if the operator of the vessel is the employer or contractor of those persons, the operator:
ii: in any other case, the person from whom the operator has, by virtue of a lease, a sublease, a charter, a subcharter, or otherwise, for the time being obtained possession and control of the vessel:
c: for the purpose of determining whether the payment to any person engaged or employed to do work on any such vessel meets the requirements of the Minimum Wage Act 1983
d: Labour Inspectors within the meaning of the Employment Relations Act 2000
e: if the operator of any vessel is not the employer by virtue of paragraph (b), then, despite any responsibility that may rest with the employer, the authorised agent referred to in subsection (2) is responsible under the enactments referred to in paragraph (a) for providing any information and records to any Labour Inspector exercising powers under those Acts:
f: the authorised agent referred to in subsection (2) may be served with any documents requiring service under any of the enactments referred to in paragraph (a), and such service is deemed to be service on the employer:
g: the Employment Relations Authority and the Employment Court may exercise jurisdiction in respect of any employment relationship that arises by virtue of paragraph (a) or (b) as if it were a lawful employment relationship subject to New Zealand law. Section 103A inserted 1 May 2016 section 8 Fisheries (Foreign Charter Vessels and Other Matters) Amendment Act 2014
104: Provisions relating to notified users of fishing vessels
1: Every application to become a notified user in relation to a fishing vessel shall—
a: be made jointly by the operator in whose name the fishing vessel is registered and the person who is to be the notified user in relation to the vessel; and
b: be made to the chief executive
2: Upon receipt of an application made in accordance with subsection (1), the chief executive
a: note the name of the notified user on the Fishing Vessel Register; and
b: issue to the operator and the notified user a certificate of notification in respect of the notified user.
3: No person may be a notified user in relation to a foreign-owned New Zealand fishing vessel.
4: No overseas person shall be a notified user in relation to a fishing vessel.
5: Section 104(1)﻿(b) amended 9 September 1999 section 90(2) Fisheries Act 1996 Amendment Act 1999 Section 104(2) amended 9 September 1999 section 90(2) Fisheries Act 1996 Amendment Act 1999 Section 104(3) replaced 31 August 2012 section 4(1) Fisheries Amendment Act 2012 Section 104(5) repealed 31 August 2012 section 4(2) Fisheries Amendment Act 2012
105: Fish carriers must be registered
1: No person shall use any vessel for the transportation of fish, aquatic life, or seaweed taken for sale within New Zealand fisheries waters unless—
a: the vessel is registered in the Fishing Vessel Register as either a fish carrier or a fishing vessel, and—
i: that person is named in that register as an operator or notified user
ii: that person complies with all conditions of registration (if any) and the conditions of any consent given by the chief executive under subsection (4); or
b: the fish, aquatic life, or seaweed was lawfully landed in New Zealand and then lawfully purchased or acquired by a licensed fish receiver prior to transportation; or
c: the fish, aquatic life, or seaweed was produced as part of a lawful fish farming operation; or
d: the fish, aquatic life, or seaweed was lawfully taken and landed in New Zealand, and the person is transporting that fish, aquatic life, or seaweed as the agent of the commercial fisher who took the fish, aquatic life, or seaweed.
2: Every application to register a fish carrier (other than a vessel that is registered as a fishing vessel under this Act) shall—
a: be made by the operator of that fish carrier; and
b: be made to the chief executive
c: in the case of an operator who is an overseas person, specify the name and address of a person (other than an overseas person) to be the authorised agent of that person for the purpose of this Act; and
d: be supported by such evidence as may be specified in the form.
3: If the chief executive
a: register the fish carrier for a specified period not exceeding 5 years; and
b: issue to the operator a certificate of registration in respect of that vessel.
4: No vessel shall be registered under this section unless the chief executive has consented, either generally or particularly, to registration of the vessel or vessels operated by that person; and any consent under this subsection may be granted subject to such conditions as the chief executive thinks fit to impose.
5: In considering whether to consent to the registration of a vessel under subsection (4), the chief executive shall have regard to—
a: the previous offending history (if any), in relation to fishing or transportation (whether within the national fisheries jurisdiction of New Zealand or another country, or on the high seas), of the vessel's owner, operator, foreign charterparty, notified user, master, or crew; and
b: the nature of the charter or other agreement with the operator (if any); and
c: such other matters as the chief executive considers relevant.
6: Every person commits an offence and is liable to the penalty set out in section 252(5)
7: In proceedings for an offence relating to a contravention of subsection (1),—
a: the prosecutor need not assert in the charging document that the exceptions set out in paragraphs (b) to (d) do not apply; and
b: the burden of proving that any of the exceptions set out in paragraphs (b) to (d) applies lies on the defendant. Section 105(1)﻿(a)﻿(i) amended 1 October 2001 section 10 Fisheries (Remedial Issues) Amendment Act 2001 Section 105(2)﻿(b) amended 9 September 1999 section 90(2) Fisheries Act 1996 Amendment Act 1999 Section 105(3) amended 9 September 1999 section 90(2) Fisheries Act 1996 Amendment Act 1999 Section 105(5)﻿(a) substituted 1 October 2001 section 13 Fisheries Act 1996 Amendment Act (No 2) 1999 Section 105(7) inserted 1 July 2013 section 413 Criminal Procedure Act 2011
106: Further provisions relating to registration of vessels
1: Nothing in section 103 section 105 Part 5
2: Nothing in section 103 section 105
106A: Suspension of consent to registration
1: The chief executive may, after complying with subsections (4) and (5), suspend his or her consent to the registration of any foreign-owned New Zealand fishing vessel for any reasonable period determined by him or her if satisfied on reasonable grounds that there has been a breach of any condition of consent to its registration.
2: If any person, department, or agency in the course of performing or exercising functions, duties, or powers under any Act obtains any information that is relevant for the purposes of subsection (1), the person, department, or agency may provide the information to the chief executive.
3: For the purposes of subsection (1), the chief executive may take into account information provided by any person, department, or agency.
4: The chief executive must notify the operator of the vessel in writing stating—
a: that he or she is satisfied on reasonable grounds that there has been a breach of any condition of consent to registration; and
b: the grounds on which the chief executive has based his or her belief; and
c: the actions the chief executive requires the operator to undertake or cease; and
d: the period within which the actions must be undertaken or cease (which must not be less than 72 hours from the date on which the operator is notified).
5: If the actions specified in the notice given under subsection (4) have not been undertaken or have not ceased (as the case may be) within the period required by the notice, the chief executive must do the following if he or she decides to proceed with suspension of consent to the vessel's registration:
a: give the operator not less than 7 days’ notice in writing of the intention to suspend consent to registration; and
b: give the operator a reasonable opportunity to make submissions to the chief executive; and
c: consider any submissions made to the chief executive by the operator.
6: The chief executive may impose conditions and requirements in respect of the implementation and operation of a suspension under this section.
7: If the chief executive suspends consent to a vessel's registration,—
a: he or she must notify the operator in writing that consent to the vessel's registration has been suspended; and
b: the notification must state—
i: the reasons for the suspension of the chief executive's consent to the vessel's registration; and
ii: the period of the suspension; and
iii: the conditions and requirements imposed under subsection (6) (if any); and
iv: the rights of review and appeal available to a person directly affected under section 106B
8: A period of suspension may be extended by the chief executive from time to time if he or she is satisfied that any conditions and requirements referred to in subsection (7)﻿(b)﻿(iii) have not been met, and subsection (7) (except paragraph (b)﻿(iv)) (with the necessary modifications) applies to any extension of the suspension.
9: The chief executive may lift the suspension of consent if satisfied that suspension conditions and requirements referred to in subsection (7)﻿(b)﻿(iii) have been met.
10: A person commits an offence and is liable to the penalty set out in section 252(5)
11: Nothing in this section requires the chief executive to remit or refund any fees, charges, or levies paid or payable by the operator under this Act for the period from the date of registration to the close of the period of suspension.
12: For the purposes of section 103(1) Section 106A inserted 8 August 2014 section 5 Fisheries (Foreign Charter Vessels and Other Matters) Amendment Act 2014
106B: Rights of review and appeal relating to suspension of consent to registration of vessel
1: A person directly affected by the chief executive's decision under section 106A(1)
2: The chief executive must, within 14 days after the date of receipt of an application under subsection (1), confirm, reverse, or modify the decision under review.
3: If the applicant is dissatisfied with the chief executive's decision under subsection (2), the applicant may appeal to the District Court
4: The District Court may confirm, reverse, or modify the decision appealed against.
5: If any party to any proceedings before the District Court under this section is dissatisfied with any determination of the court as being erroneous in point of law, the party may appeal to the High Court by way of case stated for the opinion of the court on a question of law only.
6: On an appeal under subsection (5), the High Court may confirm, reverse, or modify the decision appealed against.
7: Appeals under this section must be heard and determined in accordance with any applicable rules of court.
8: The operation of a decision to suspend the chief executive's consent to a vessel's registration continues in force pending the determination of a review or appeal under this section, except where the chief executive (in the case of a review) or the court hearing the appeal (in any other case) otherwise directs.
9: This section confers no right of review or appeal in relation to a decision under section 106A(8) Section 106B inserted 8 August 2014 section 5 Fisheries (Foreign Charter Vessels and Other Matters) Amendment Act 2014 Section 106B(3) amended 1 March 2017 section 261 District Court Act 2016
107: Cancellation of registration of fishing vessel
1:
2:
3: A person may request the chief executive
4: If a vessel is lost or destroyed, the operator shall immediately notify the chief executive chief executive
5: If,—
a: in the case of an operator who is an individual, the operator dies; or
b: in the case of an operator who is an incorporated company, the operator is dissolved,— the operator's successors, representatives, or assigns shall, as soon as practicable, notify the chief executive chief executive
6: The chief executive must, as soon as practicable, ensure that the registration of a vessel is cancelled if—
a: the vessel is forfeit to the Crown; or
b: the chief executive has decided, on reasonable grounds and after receipt of advice from the Secretary of Labour, that a breach of any statutory provision referred to in section 103(5)
7: For the purposes of subsection (6), reasonable grounds for a belief that a breach has occurred includes—
a: advice from the Secretary of Labour that a decision or order of the Employment Relations Authority
b: advice from the Secretary of Labour to the effect that any information or records requested, whether from an authorised agent in accordance with section 103(5)﻿(d)
8: If the ownership of any vessel registered under this Act changes to such an extent that the consent of the chief executive under section 103 section 105 chief executive chief executive
9: Every person commits an offence and is liable to the penalty set out in section 252(5) chief executive 1983 No 14 s 59 1986 No 34 s 13(1) Section 107(1) repealed 1 October 2001 section 39(1) Fisheries Act 1996 Amendment Act 1999 Section 107(2) repealed 1 October 2001 section 39(1) Fisheries Act 1996 Amendment Act 1999 Section 107(3) amended 9 September 1999 section 90(2) Fisheries Act 1996 Amendment Act 1999 Section 107(4) amended 9 September 1999 section 90(2) Fisheries Act 1996 Amendment Act 1999 Section 107(5) amended 9 September 1999 section 90(2) Fisheries Act 1996 Amendment Act 1999 Section 106(6) substituted 1 October 2001 section 39(2) Fisheries Act 1996 Amendment Act 1999 Section 107(7)﻿(a) amended 2 October 2000 section 240 Employment Relations Act 2000 Section 107(8) amended 9 September 1999 section 90(2) Fisheries Act 1996 Amendment Act 1999 Section 107(9) amended 9 September 1999 section 90(2) Fisheries Act 1996 Amendment Act 1999
108: Application of this Part to tenders
1: No tender is required to be registered under this Act if it is marked in accordance with regulations made for the purpose under section 297
2: A tender that complies with subsection (1) is to be treated as part of the registered fishing vessel with which it is used, or is intended to be used. 1983 No 14 s 58 1986 No 34 s 13(1) Section 108(2) added 1 October 2001 section 11 Fisheries (Remedial Issues) Amendment Act 2001
109: Presumption that fish on registered vessel caught in New Zealand
1: For the purpose of this Act, all fish, aquatic life, or seaweed on board, landed from, or transferred to or from, a vessel registered under this Act or a New Zealand ship is deemed to have been taken in New Zealand fisheries waters and the provisions of this Act apply accordingly.
2: Subsection (1) applies—
a: unless the contrary is proved; and
b: whether the fish, aquatic life, or seaweed is found on board, or landed, or transferred within New Zealand or New Zealand fisheries waters or elsewhere. Section 109 substituted 1 October 2001 section 14 Fisheries Act 1996 Amendment Act (No 2) 1999
110: Fish taken in New Zealand fisheries waters must be landed in New Zealand
1: No person shall land, at any place outside New Zealand, any fish, aquatic life, or seaweed taken in New Zealand fisheries waters unless the landing outside New Zealand has the prior approval of the chief executive and is in accordance with any conditions imposed by the chief executive.
2: For the purposes of subsection (1), fish, aquatic life, or seaweed shall be deemed to have been landed at a place outside New Zealand if—
a: it is transported beyond the outer limits of the exclusive economic zone by the vessel that took it; or
b: it is taken (otherwise than from a vessel) and transferred to a vessel and then transported (whether in that vessel or any other vessel) beyond the outer limits of the exclusive economic zone without having been lawfully purchased or acquired by a licensed fish receiver in New Zealand before transportation; or
c: it is transhipped, from the vessel that took the fish, aquatic life, or seaweed, to another vessel.
3: The conditions that may be imposed on any approval granted under subsection (1) include conditions relating to 1 or more of the following:
a: the vessel that will take the fish, aquatic life, or seaweed:
b: any vessel which will receive the fish, aquatic life, or seaweed:
c: the manner and conditions under which the storage, transportation, transhipment, recording, reporting, landing, and disposal of the fish, aquatic life, or seaweed will take place.
4:
5: Subsection (1) does not apply if the fish, aquatic life, or seaweed was lawfully taken by a person under a foreign fishing licence issued under section 83
6: Every person commits an offence and is liable to the penalty set out in section 252(3) 1983 No 14 s 101 1986 No 34 s 27(1) 1990 No 29 s 47 Section 110(4) repealed 9 September 1999 section 86 Fisheries Act 1996 Amendment Act 1999
111: Fish on registered vessel deemed to have been taken for purpose of sale
1: For the purposes of this Act, all fish, aquatic life, or seaweed that is on board, or landed from, or transhipped from, any fishing vessel or fish carrier registered under this Act is deemed to have been taken or possessed for the purpose of sale, unless—
a: the taking or possession of the fish, aquatic life, or seaweed was in accordance with a general or particular approval of the chief executive and with any conditions imposed on that approval; and
b: the taking or possession occurred after that approval was given.
2: Subsection (1) does not apply if the fish, aquatic life, or seaweed were lawfully taken under regulations made under section 186 1983 No 14 s 102 1986 No 34 s 27(1) Section 111(1) substituted 1 October 2001 section 40 Fisheries Act 1996 Amendment Act 1999
112: Taking of fish, etc, by other than New Zealand ships
1: No person shall use any vessel that is not a New Zealand ship to take fish, aquatic life, or seaweed in New Zealand fisheries waters (other than the exclusive economic zone), except—
a: for fisheries research, experimental, sports, or recreational fishing purposes; and
b: with the prior approval of the chief executive and in accordance with any conditions the chief executive may impose.
2: If any vessel has any tender carried by, or attached to, or operated in conjunction with, the vessel, then, whether or not the vessel is within New Zealand fisheries waters (other than the exclusive economic zone), the vessel shall for the purposes of this section be deemed to be used in fishing at the time and place the tender is being so used, as well as at that time and place.
3:
4: If any vessel is used in fishing in contravention of this section, every person on the vessel commits an offence and is liable for the penalty set out in section 252(3) 1983 No 14 s 60 1986 No 34 s 13(1) 1990 No 29 s 30 Section 112(3) repealed 9 September 1999 section 86 Fisheries Act 1996 Amendment Act 1999
113: Possession of fish, etc, by vessels that are not New Zealand ships
1: No person shall possess any fish, aquatic life, or seaweed in New Zealand or New Zealand fisheries waters, on any vessel that is not a New Zealand ship, unless,—
a: in the case of fish, aquatic life, or seaweed taken outside New Zealand fisheries waters,—
i: the fish, aquatic life, or seaweed was landed in any country other than New Zealand before being brought into New Zealand fisheries waters; or
ii: the person has, before the entry into New Zealand fisheries waters, obtained the approval of the chief executive to possess that fish, aquatic life or seaweed, and acted in accordance with such conditions as the chief executive may think fit to impose; or
b: the fish, aquatic life, or seaweed were lawfully taken by that vessel within New Zealand fisheries waters; or
c: the fish, aquatic life, or seaweed were lawfully received by that vessel within New Zealand or New Zealand fisheries waters.
2: The chief executive may impose any conditions on an approval granted under subsection (1), including conditions relating to the taking, storage, transportation, recording, reporting, landing, and disposal of the fish, aquatic life, or seaweed.
3: Any fish, aquatic life, or seaweed landed in New Zealand with the chief executive's approval under subsection (1) and landed after that approval was given, may, in accordance with the conditions of that approval, be sold; and, notwithstanding anything in this Act, no offence of buying or selling or being in possession of any fish, aquatic life, or seaweed shall be deemed to have been committed in respect of any fish, aquatic life, or seaweed sold in accordance with that approval.
4: Every person commits an offence and is liable to the penalty set out in section 252(3)
5: In proceedings for an offence relating to a contravention of subsection (1),—
a: the prosecutor need not assert in the charging document that the exceptions set out in paragraphs (a) to (c) do not apply; and
b: the burden of proving that any of the exceptions set out in paragraphs (a) to (c) applies lies on the defendant. 1983 No 14 s 61 1986 No 34 s 1(1) Section 113(5) inserted 1 July 2013 section 413 Criminal Procedure Act 2011
113A: All fishing within foreign fishing jurisdiction to be authorised
1: No New Zealand national, and no person using a ship that is registered under the Ship Registration Act 1992
2: Every person who contravenes subsection (1) commits an offence and is liable to the penalty set out in section 252(3) Section 113A inserted 1 May 2001 section 15 Fisheries Act 1996 Amendment Act (No 2) 1999
6A: High seas fishing
Part 6A inserted 1 May 2001 section 16 Fisheries Act 1996 Amendment Act (No 2) 1999
113B: Interpretation
In this Part, unless the context otherwise requires,— FAO Compliance Agreement flag State
a: the State in which the vessel is registered; or
b: if the vessel is unregistered, the State whose flag the vessel flies foreign high seas inspector
a: the Fish Stocks Agreement; or
b: the boarding and inspection procedures of the organisation or arrangement global, regional, or subregional fisheries organisation or arrangement Gazette section 113C international conservation and management measures
a: adopted by a global, regional, or subregional fisheries organisation or arrangement; and
b: notified in the Gazette section 113C participating State section 113C serious violation Section 113B inserted 1 May 2001 section 16 Fisheries Act 1996 Amendment Act (No 2) 1999
113C: Notification and certification by Secretary of Foreign Affairs and Trade
1: The Secretary of Foreign Affairs and Trade may from time to time, by notice in the Gazette
a: a global, regional, or subregional fisheries organisation or arrangement; or
b: international conservation and management measures.
2: A notice given under subsection (1) must specify where a copy of the constitution of the organisation or a copy of the arrangement or international conservation and management measures, as the case may be, may be obtained.
3: The Secretary of Foreign Affairs and Trade may sign a certificate stating that a specified State is or is not—
a: a State that is a party to the Fish Stocks Agreement; or
b: a State that is a party to the FAO Compliance Agreement; or
c: a State that is a participant in, is a member of, or has accepted the obligations of, a global, regional, or sub-regional fisheries organisation or arrangement; or
d: a State that is a signatory to the Fish Stocks Agreement that agreement
4: A certificate referred to in subsection (3) is, for all purposes, conclusive evidence of its contents unless the contrary is proved by the production of a more recent certificate issued under that subsection. Section 113C inserted 1 May 2001 section 16 Fisheries Act 1996 Amendment Act (No 2) 1999 Section 113C(3)﻿(d) amended 1 October 2001 section 18(a) Fisheries Amendment Act 2001 Section 113C(3)﻿(d) amended 1 October 2001 section 18(b) Fisheries Amendment Act 2001 Requirements as to taking of fish on high seas Heading inserted 1 May 2001 section 16 Fisheries Act 1996 Amendment Act (No 2) 1999
113D: Taking and transportation of fish, etc, on high seas using New Zealand ships
1: No person may use a New Zealand ship, or a tender of that ship, to take (by any method) on the high seas any fish, aquatic life, or seaweed for sale, unless—
a: that person does so under the authority of, and in accordance with, a current high seas fishing permit issued in respect of that ship; and
b: the ship is registered—
i: under the Ship Registration Act 1992
ii: in the Fishing Vessel Register as a fishing vessel; and
c: the holder of the permit is named in the Fishing Vessel Register as an operator of that vessel.
2: No person may use a New Zealand ship, or a tender of that ship, to transport any fish, aquatic life, or seaweed on the high seas, unless—
a: that person does so under the authority of, and in accordance with, a current high seas fishing permit issued in respect of that ship; and
b: the fish, aquatic life, or seaweed was taken—
i: on the high seas under the authority of, and in accordance with, a high seas fishing permit or an authorisation issued by a State to which section 113E(2)
ii: in the national fisheries jurisdiction of a foreign State under, and in accordance with, the laws of that State; and
c: the ship is registered—
i: under the Ship Registration Act 1992
ii: in the Fishing Vessel Register as either a fish carrier or a fishing vessel; and
d: the holder of the permit is named in the Fishing Vessel Register as an operator of that vessel.
3: Subsection (2) does not apply if the fish, aquatic life, or seaweed—
a: has previously been landed in New Zealand or in any other country; or
b: has not previously been landed in New Zealand or in any other country but was taken in New Zealand fisheries waters and—
i: approval under section 110(1)
ii: the transportation is in accordance with any conditions of that approval.
4: No person may take or transport any fish, aquatic life, or seaweed under the authority of a high seas fishing permit unless that person is—
a: the holder of that permit; or
b: an employee or agent of the holder of the permit; or
c: the master, or a member of the crew, of the ship in respect of which the permit is in force.
5: Every person who contravenes subsection (1) or subsection (2) or subsection (4) commits an offence and is liable on conviction to the penalty set out in section 252(3) Section 113D inserted 1 May 2001 section 16 Fisheries Act 1996 Amendment Act (No 2) 1999 Section 113D(2)﻿(b)﻿(i) amended 1 October 2001 section 19(1) Fisheries Amendment Act 2001 Section 113D(3) substituted 1 October 2001 section 19(2) Fisheries Amendment Act 2001
113E: Use of foreign vessels on high seas by New Zealand nationals
1: No New Zealand national may use a vessel that is not registered under the Ship Registration Act 1992
a: to take (by any method), on the high seas, any fish, aquatic life, or seaweed for sale, except in accordance with an authorisation issued by a State to which subsection (2) applies; or
b: to transport any fish, aquatic life, or seaweed taken on the high seas, unless that fish, aquatic life, or seaweed was taken in accordance with an authorisation issued by a State to which subsection (2) applies.
2: An authorisation may be issued—
a: by a State that is a party to the Fish Stocks Agreement; or
b: by a State that is a party to the FAO Compliance Agreement; or
c: by a State that is a party to, or has accepted the obligations of, a global, regional, or subregional fisheries organisation or arrangement to which the authorisation relates; or
d: by a State that—
i: is a signatory to the Fish Stocks Agreement; and
ii: has legislative and administrative mechanisms to control its vessels on the high seas in accordance with that agreement.
3: Every person who contravenes subsection (1) commits an offence and is liable on conviction to the penalty set out in section 252(3) Section 113E inserted 1 May 2001 section 16 Fisheries Act 1996 Amendment Act (No 2) 1999 Section 113E(1) substituted 1 May 2001 section 12 Fisheries (Remedial Issues) Amendment Act 2001
113F: Exemption from section 113E
1: The Minister may, on receipt of an application in the approved form accompanied by the prescribed fee (if any), exempt a New Zealand national from section 113E
a: the applicant is a citizen of another country and that country has jurisdiction over the applicant's proposed fishing activities on the high seas; and
b: New Zealand is not a participant in, or a member of, or has not accepted the obligations of, a global, regional, or subregional fisheries organisation or arrangement that covers the area of the high seas in which the applicant proposes to take or transport fish, aquatic life, or seaweed; and
c: the applicant has not engaged in fishing or transportation—
i: in a manner that undermined the effectiveness of international conservation and management measures; and
ii: that has resulted in a high seas fishing permit, or an equivalent authorisation granted by a participating State or a party to the FAO Compliance Agreement, being suspended or revoked during the 3 years immediately preceding the application ( the 3-year period
d: the applicant has not engaged in fishing or transportation on the high seas during the 3-year period—
i: without a high seas fishing permit (or equivalent authorisation granted by a participating State), if a high seas fishing permit was required for that fishing or transportation; and
ii: in a manner that undermined the effectiveness of international conservation and management measures.
2: An exemption granted by the Minister must be limited to 1 or more of the following, as specified in the exemption:
a: an area or areas of the high seas:
b: a species of fish, aquatic life, or seaweed:
c: a period of time.
3: The Minister may, by notice in writing to the holder of an exemption granted under subsection (1), amend or revoke the exemption.
4: Section 113E Section 113F inserted 1 May 2001 section 16 Fisheries Act 1996 Amendment Act (No 2) 1999 Issue of high seas fishing permits Heading inserted 1 May 2001 section 16 Fisheries Act 1996 Amendment Act (No 2) 1999
113G: Application for high seas fishing permit
An application for a high seas fishing permit—
a: may be made only by the operator of a vessel that is registered in the Fishing Vessel Register as either a fish carrier or a fishing vessel; and
b: must be made to the chief executive in the approved form. Section 113G inserted 1 May 2001 section 16 Fisheries Act 1996 Amendment Act (No 2) 1999
113H: Issue of high seas fishing permit
1: The chief executive may issue a high seas fishing permit only if the chief executive is satisfied that—
a: the vessel to which the permit relates is registered—
i: under the Ship Registration Act 1992
ii: in the Fishing Vessel Register as either a fish carrier or a fishing vessel; and
b: the applicant has not engaged in fishing or transportation—
i: in a manner that undermined the effectiveness of international conservation and management measures; and
ii: that has resulted in a high seas fishing permit, or an equivalent authorisation granted by a participating State or a party to the FAO Compliance Agreement, being suspended or revoked during the 3 years immediately preceding the application ( the 3-year period
c: the applicant has not engaged in fishing or transportation on the high seas during the 3-year period—
i: without a high seas fishing permit (or equivalent authorisation granted by a participating State), if a high seas fishing permit was required for that fishing or transportation; and
ii: in a manner that undermined the effectiveness of international conservation and management measures.
2: Before issuing a high seas fishing permit, the chief executive may have regard to—
a: the previous offending history (if any), in relation to fishing or transportation (whether within the national fisheries jurisdiction of New Zealand or another country, or on the high seas), of the vessel's owner, operator, foreign charterparty, notified user, master, or crew; and
b: such other matters as the chief executive considers relevant.
3: The chief executive may, but is not required to, issue a high seas fishing permit to a person even though that person may—
a: owe the Crown a levy payable under Part 14
b: have unpaid and overdue deemed value amounts of more than $1,000; or
c: hold a fishing permit that is subject to conditions by virtue of or under section 78(1) or (2) Section 113H inserted 1 May 2001 section 16 Fisheries Act 1996 Amendment Act (No 2) 1999
113I: Term and content of high seas fishing permit
1: A high seas fishing permit may be issued for a period not exceeding 5 years.
2: A high seas fishing permit must specify—
a: the name of the permit holder; and
b: the fishing vessel or fish carrier to which the permit relates; and
c: any conditions to which the permit is subject under section 113K Section 113I inserted 1 May 2001 section 16 Fisheries Act 1996 Amendment Act (No 2) 1999 Compliance with conditions and regulations Heading inserted 1 May 2001 section 16 Fisheries Act 1996 Amendment Act (No 2) 1999
113J: Compliance with conditions and regulations
1: A person taking fish, aquatic life, or seaweed under the authority of a high seas fishing permit must comply with—
a: any conditions to which the permit is subject under section 113K
b: any regulations made under section 297
2: Every person who contravenes a condition to which a high seas fishing permit is subject under section 113K section 252(5) Section 113J inserted 1 May 2001 section 16 Fisheries Act 1996 Amendment Act (No 2) 1999
113K: Conditions of high seas fishing permit
1: A high seas fishing permit may be subject to such conditions as the chief executive considers appropriate, including conditions relating to the following matters:
a: the areas in which fishing or transportation is authorised:
b: the seasons, times, and particular voyages during which fishing or transportation is authorised:
c: the species, size, age, and quantities of fish, aquatic life, or seaweed that may be taken or transported:
d: the methods by which fish, aquatic life, or seaweed may be taken:
e: the types, size, and amount of fishing gear or equipment that may be used or carried, and the modes of storage of that gear or equipment when not in use:
f: the use, transfer, transhipment, landing, receiving, and processing of fish, aquatic life, or seaweed taken:
g: procedures or requirements, or both, enabling the verification of fish, aquatic life, or seaweed taken or being taken by the vessel, including procedures or restrictions relating to the species of, quantities of, or areas from which, fish, aquatic life, or seaweed are being or have been taken by the vessel:
h: entry by the vessel to New Zealand or foreign ports, whether for the inspection of its catch or for other purposes:
i: reports and information required to be given to the chief executive by the permit holder, and records required to be kept by the permit holder:
j: management controls regarding fishing-related mortality of fish, aquatic life, or seaweed:
k: the conduct of specified programmes of fisheries research:
l: the marking of the vessel and other means for its identification:
m: the placing of observers on the vessel and the payment of any associated prescribed fees and charges by the permit holder:
n: the provision, installation, and maintenance of electronic and other equipment to observe any fishing and related activities described in paragraph (e) section 2(1)
o: the installation on the vessel and the maintenance of any automatic location communicator or other equipment for the identification and location of the vessel, and of adequate navigational equipment to enable the vessel to fix its position, and the payment of any associated prescribed fees and charges by the permit holder:
p: the carriage on board the vessel of specified charts, publications, and instruments:
q: the disposal of fish, aquatic life, and seaweed:
r: measures to give effect to international conservation and management measures.
2: The chief executive may from time to time, by written notice to the holder of a high seas fishing permit, amend, add to, or revoke any conditions of the permit with effect from the date specified in the notice.
3: If the chief executive considers it expedient to do so, the chief executive may—
a: require the high seas fishing permit holder to surrender the permit; and
b: replace that permit with a new permit containing new conditions.
4: A condition imposed on a high seas fishing permit under this section is not invalid merely because the condition is more restrictive or more onerous than any conditions that are or may be imposed on fishing by any regulations made under this Act. Section 113K inserted 1 May 2001 section 16 Fisheries Act 1996 Amendment Act (No 2) 1999 Section 113K(1)﻿(n) replaced 1 November 2022 section 7 Fisheries Amendment Act 2022
113L: High seas fishing permit to be carried on vessel
1: A person taking or transporting fish, aquatic life, or seaweed under the authority of a high seas fishing permit must—
a: carry the permit (or a copy of the permit) on board the vessel to which the permit relates at all times; and
b: show the permit to a fishery officer or high seas fishery inspector or foreign high seas inspector on demand.
2: Every person who contravenes subsection (1) commits an offence and is liable to the penalty set out in section 252(5) Section 113L inserted 1 May 2001 section 16 Fisheries Act 1996 Amendment Act (No 2) 1999
113M: Notification of change of ownership of vessel
1: The holder of a high seas fishing permit must notify the chief executive within 5 working days of any change of ownership or operator of the vessel to which the permit relates.
2: Every person who contravenes subsection (1) commits an offence and is liable to the penalty set out in section 252(6) Section 113M inserted 1 May 2001 section 16 Fisheries Act 1996 Amendment Act (No 2) 1999 Suspension and revocation of high seas fishing permits Heading inserted 1 May 2001 section 16 Fisheries Act 1996 Amendment Act (No 2) 1999
113N: Chief executive may suspend or revoke high seas fishing permit
1: The chief executive may revoke a high seas fishing permit if the chief executive is satisfied that any information or evidence supplied with the application for the permit was false or misleading in any material particular.
2: The chief executive may suspend or revoke a high seas fishing permit if the chief executive is satisfied that—
a: the vessel to which the permit relates is no longer—
i: registered under the Ship Registration Act 1992
ii: registered in the Fishing Vessel Register as either a fish carrier or a fishing vessel; or
b: the permit holder, or any person authorised to fish under the authority of the permit, has been convicted of an offence against this Part; or
c: the permit holder has been convicted of a fishing-related offence under the laws of a country other than New Zealand; or
d: the permit holder is no longer the owner or operator of the vessel.
3: A person may, in writing, request that the chief executive revoke a high seas fishing permit issued to that person.
4: A request made under subsection (3) must be accompanied by the high seas fishing permit and any copies of the permit. Section 113N inserted 1 May 2001 section 16 Fisheries Act 1996 Amendment Act (No 2) 1999
113O: Procedure to be followed before suspending or revoking permit
Before suspending or revoking a high seas fishing permit under section 113N(1) or (2)
a: give the permit holder not less than 7 days' notice in writing of the chief executive's intention to suspend or revoke the permit; and
b: include in or with the notice a statement—
i: of the chief executive's reasons; and
ii: of the date on which the permit will be revoked or suspended; and
iii: in the case of suspension of the permit, of the period for which the permit will be suspended; and
c: give the permit holder a reasonable opportunity to make submissions to the chief executive; and
d: consider any submissions made to the chief executive by the permit holder. Section 113O inserted 1 May 2001 section 16 Fisheries Act 1996 Amendment Act (No 2) 1999
113P: Effect of suspension or revocation of permit
1: Where the chief executive revokes a high seas fishing permit under section 113N
a: the high seas fishing permit is cancelled immediately and ceases to have any effect for the purposes of this Act; and
b: the permit holder must ensure that the permit and any copies of the permit are surrendered immediately to the chief executive.
2: Where the chief executive suspends a high seas fishing permit under section 113N
a: the suspension is for the period specified by the chief executive under section 113O(b)
b: the permit does not authorise fishing or transportation; but
c: the obligations and conditions to which the permit is subject, or that are imposed by or under this Act in relation to the permit, continue to have effect.
3: Nothing in this section requires the chief executive to remit or refund any fees, charges, or levies paid or payable by the permit holder for the period from the date of issue of the permit to the date of revocation. Section 113P inserted 1 May 2001 section 16 Fisheries Act 1996 Amendment Act (No 2) 1999 High seas fishery inspectors Heading inserted 1 May 2001 section 16 Fisheries Act 1996 Amendment Act (No 2) 1999
113Q: High seas fishery inspectors
1: Every fishery officer (other than an honorary fishery officer or an examiner) is a high seas fishery inspector.
2: A high seas fishery inspector may direct a person under his or her command to carry out such duties of a high seas fishery inspector as he or she specifies, for such period as he or she thinks necessary.
3: A person who receives a direction under subsection (2) has, for the purpose of carrying out the specified duties, all the powers of a high seas fishery inspector. Section 113Q inserted 1 May 2001 section 16 Fisheries Act 1996 Amendment Act (No 2) 1999
113R: Powers of high seas fishery inspectors in relation to New Zealand vessels
For the purposes of the administration and enforcement of this Part, a high seas fishery inspector has all of the powers of a fishery officer in relation to a vessel on the high seas that—
a: is registered under the Ship Registration Act 1992
b: flies the New Zealand flag. Section 113R inserted 1 May 2001 section 16 Fisheries Act 1996 Amendment Act (No 2) 1999
113S: Powers of high seas fishery inspectors in relation to foreign vessels
1: A high seas fishery inspector may, for the purpose of ensuring compliance with international conservation and management measures adopted by a global, regional, or subregional fisheries organisation or arrangement of which New Zealand is a member or in which New Zealand is a participant, board and inspect a vessel in an area of the high seas that is covered by that organisation or arrangement, or in New Zealand fisheries waters, if—
a: the vessel is not registered under the Ship Registration Act 1992
b: the flag State of the vessel is—
i: a party to the Fish Stocks Agreement, whether or not the flag State is a member of, or a participant in, that organisation or arrangement; or
ii: a member of or participant in that organisation or arrangement, and that organisation or arrangement has established boarding and inspection procedures as provided in Article 21.2 of the Fish Stocks Agreement.
2: If the flag State in relation to a vessel to which subsection (1) applies authorises the chief executive (in accordance with Article 21.6(b) of the Fish Stocks Agreement) to investigate whether the vessel has engaged in an activity contrary to those international conservation and management measures, a high seas fishery inspector has, in relation to the vessel,—
a: all of the powers of a fishery officer; or
b: if the flag State specifies the powers of a fishery officer that the high seas fishery inspector may exercise, those powers. Section 113S inserted 1 May 2001 section 16 Fisheries Act 1996 Amendment Act (No 2) 1999 Section 113S(1)﻿(b)﻿(ii) substituted 1 October 2004 section 39 Fisheries Amendment Act (No 3) 2004
113T: Boarding and inspection procedures relating to foreign vessels
1: A high seas fishery inspector who boards a vessel under section 113S(1)
a: give the master of the vessel evidence of the inspector's identity and of the fact that he or she is a high seas fishery inspector; and
b: provide to the master of the vessel a copy of a report on the boarding and inspection, including any objection or statement that the master has advised the high seas fishery inspector that the master wishes to have included in the report; and
c: promptly leave the vessel after completing the inspection unless he or she finds evidence that the vessel has committed a serious violation.
2: The chief executive must provide a copy of the report referred to in subsection (1)﻿(b) to the authorities of the flag State of the vessel.
3: At the time of a boarding and inspection under section 113S(1)
4: A high seas fishery inspector must not interfere with any attempt by the master of the vessel to communicate with the authorities of the flag State of the vessel during the boarding and inspection.
5: When undertaking a boarding and inspection under section 113S(1)
a: the vessel; and
b: the vessel's authorisation to fish, or transport fish, aquatic life, or seaweed, in the relevant area of the high seas; and
c: the vessel's fishing gear and equipment; and
d: facilities; and
e: fish and fish products; and
f: records and other relevant documents. Section 113T inserted 1 May 2001 section 16 Fisheries Act 1996 Amendment Act (No 2) 1999
113U: Investigation of serious violations
1: If, as a result of a boarding and inspection under section 113S(1)
a: the high seas fishery inspector must notify the chief executive as soon as practicable; and
b: the chief executive must advise the authorities of the flag State of the vessel as soon as practicable.
2: A high seas fishery inspector may remain on board the vessel and may require the master to assist in further investigations for so long as the flag State—
a: fails to respond to a notification under subsection (1); or
b: fails to take action under its own law in respect of the serious violation.
3: The high seas fishery inspector may require the master to bring the vessel without delay to a port specified by the high seas fishery inspector if the flag State fails, within 3 working days after receipt by the authorities of the flag State of the notification, to—
a: respond to a notification under subsection (1); or
b: take action under its own law in respect of the serious violation.
4: In this section, working day
a: Saturday or Sunday; or
b: a public holiday in that State. Section 113U inserted 1 May 2001 section 16 Fisheries Act 1996 Amendment Act (No 2) 1999
113V: Boarding and inspection procedures modified by global, regional, or subregional fisheries organisation or arrangement
1: This section applies where—
a: a global, regional, or subregional fisheries organisation or arrangement of which New Zealand is a member, or in which New Zealand is a participant, establishes procedures for boarding and inspection of vessels as provided in Article 21.2 of the Fish Stocks Agreement; and
b: a high seas fishery inspector boards and inspects a foreign vessel under section 113S(1)
2: To the extent that the procedures established by the organisation or arrangement are different from the requirements of section 113T section 113U Section 113V inserted 1 May 2001 section 16 Fisheries Act 1996 Amendment Act (No 2) 1999
113W: Persons on New Zealand ships to co-operate with foreign high seas inspectors
1: The master of a ship must co-operate with a foreign high seas inspector appointed by a participating State that is a member of or participant in a global, regional, or subregional fisheries organisation or arrangement where—
a: the ship—
i: is registered under the Ship Registration Act 1992
ii: flies the New Zealand flag; and
b: the ship is on the high seas in an area covered by that organisation or arrangement
c:
2: The master of a ship must co-operate with a foreign high seas inspector appointed in relation to an area covered by a global, regional, or subregional fisheries organisation or arrangement where—
a: the ship—
i: is registered under the Ship Registration Act 1992
ii: flies the New Zealand flag; and
b: the ship is on the high seas in an area covered by the organisation or arrangement; and
ba: New Zealand is a member of the organisation or arrangement; and
c: the organisation or arrangement has established procedures for boarding and inspecting vessels as provided in Article 21.2 of the Fish Stocks Agreement.
3: Every person on a ship to which subsection (1) or subsection (2) applies must—
a: accept and facilitate prompt and safe boarding of the ship by the foreign high seas inspector; and
b: co-operate with and assist in the inspection of the vessel; and
c: not obstruct, intimidate, or interfere with the foreign high seas inspector in the performance of his or her duties; and
d: allow the foreign high seas inspector to communicate with the authorities of New Zealand and of the State that appointed the inspector; and
e: provide reasonable facilities to the foreign high seas inspector, including food and accommodation (where appropriate); and
f: facilitate safe disembarkation from the ship by the foreign high seas inspector.
4: Every person who contravenes subsection (1), subsection (2), or subsection (3) commits an offence and is liable to the penalty set out in section 252(3) Section 113W inserted 1 May 2001 section 16 Fisheries Act 1996 Amendment Act (No 2) 1999 Section 113W(1)﻿(b) amended 1 October 2004 section 40(1) Fisheries Amendment Act (No 3) 2004 Section 113W(1)﻿(c) repealed 1 October 2004 section 40(1) Fisheries Amendment Act (No 3) 2004 Section 113W(2)﻿(ba) inserted 1 October 2004 section 40(2) Fisheries Amendment Act (No 3) 2004
113X: Powers of foreign high seas inspector when requested to investigate
1: The chief executive may authorise a foreign high seas inspector to investigate a ship that is registered under the Ship Registration Act 1992
a: the inspector has boarded the ship under—
i: the Agreement; or
ii: boarding and inspection procedures established as provided in Article 21.2 of the Agreement; and
b: the chief executive receives a report from the inspector stating that there is evidence that the ship has taken or transported fish, aquatic life, or seaweed in contravention of international conservation and management measures.
2: If the chief executive authorises the foreign high seas inspector to investigate under Article 21.6(b) of the Fish Stocks Agreement,—
a: the foreign high seas inspector has the powers of a fishery officer in relation to the ship; and
b: the chief executive must advise the master of the ship as soon as practicable.
3: For the purposes of any proceedings for an offence under this Part, evidence obtained by a foreign high seas inspector in the exercise of powers under this section is admissible as if the evidence were obtained by a fishery officer. Section 113X inserted 1 May 2001 section 16 Fisheries Act 1996 Amendment Act (No 2) 1999
113Y: Chief executive may withdraw authorisation to fish under high seas fishing permit
1: This section applies where the chief executive receives a report from a foreign high seas inspector that a person on a ship is—
a: failing to comply with section 113W
b: failing to co-operate with or obstructing the foreign high seas inspector in the exercise of his or her powers under—
i: the Fish Stocks Agreement; or
ii: boarding and inspection procedures established as provided in Article 21.2 of the Agreement.
2: The chief executive may, by notice to the master of the ship (which notice may be given orally or by any form of electronic communication), suspend the high seas fishing permit under which the ship is taking or transporting fish. Section 113Y inserted 1 May 2001 section 16 Fisheries Act 1996 Amendment Act (No 2) 1999 Administrative penalties Heading inserted 1 May 2001 section 16 Fisheries Act 1996 Amendment Act (No 2) 1999
113Z: Administrative penalties for high seas fisheries offences
1: This section—
a: applies in respect of an offence against this Part that carries a penalty of a fine not exceeding $250,000; but
b: does not apply in respect of an alleged offence if a charging document has been filed
2: The chief executive may cause notice in writing, in the approved form, to be served on a person if the chief executive has reasonable cause to believe that—
a: an offence to which this section applies may have been committed by that person; and
b: having regard to all the circumstances relating to the alleged offence, it is minor; and
c: having regard to the previous conduct of the vessel and of that person, it would be appropriate to impose a penalty under this section.
3: A notice given under subsection (2) must—
a: contain—
i: the date and nature of the alleged offence; and
ii: a summary of the facts on which the allegation that an offence has been committed is based, which summary is sufficient to fully and fairly inform the person of the allegation against him or her; and
iii: any other matters (other than previous convictions) that the chief executive considers relevant to the imposition of a penalty; and
b: be endorsed with a statement setting out the provisions of this section and sections 113ZA to 113ZC Section 113Z inserted 1 May 2001 section 16 Fisheries Act 1996 Amendment Act (No 2) 1999 Section 113Z(1)﻿(b) amended 4 October 2013 regulation 3(1) Criminal Procedure (Consequential Amendments) Regulations 2013
113ZA: Right to require that offence be dealt with by court
1: Within 28 days after a notice under section 113Z
2: No further proceedings may be taken under section 113ZC
a: a person gives notice in accordance with subsection (1); or
b: the person does not, within 28 days after a notice under section 113Z section 113ZB
3: Nothing in this section prevents—
a: the subsequent filing of a charging document
b: the conviction of the person of the offence by a court; or
c: the imposition of a penalty under an enactment, or forfeiture under this Act, on such a conviction. Section 113ZA inserted 1 May 2001 section 16 Fisheries Act 1996 Amendment Act (No 2) 1999 Section 113ZA(3)﻿(a) amended 1 July 2013 section 413 Criminal Procedure Act 2011
113ZB: Admission of offence
A person on whom a notice under section 113Z
a: admit the offence; and
b: make submissions to the chief executive as to the matters the person wishes the chief executive to take into account in imposing a penalty under section 113ZC Section 113ZB inserted 1 May 2001 section 16 Fisheries Act 1996 Amendment Act (No 2) 1999
113ZC: Amount of administrative penalty
1: If the person admits an offence under section 113ZB
2: If the chief executive imposes a penalty on a person under this section in respect of an offence, the chief executive must cause a notice in writing, in the approved form, of the particulars of the penalty to be served on the person.
3: A person on whom a penalty is imposed under this section must pay the amount of the penalty to the Crown within 28 days after the notice of the penalty is served on the person in accordance with subsection (2).
4: Despite subsection (3), a penalty that has been imposed under this section is recoverable by the Crown, from the person on whom it has been imposed, in the same manner as a fine is recoverable on
5: Despite the provisions of this Act, or any other enactment, where a person admits an offence under section 113ZB charging document may be filed Section 113ZC inserted 1 May 2001 section 16 Fisheries Act 1996 Amendment Act (No 2) 1999 Section 113ZC(4) amended 1 July 2013 section 413 Criminal Procedure Act 2011 Section 113ZC(5) amended 1 July 2013 section 413 Criminal Procedure Act 2011 Other matters Heading inserted 1 May 2001 section 16 Fisheries Act 1996 Amendment Act (No 2) 1999
113ZD: Visits by foreign ships
1: The master of a fishing vessel or fish carrier that is not a New Zealand ship, a New Zealand fishing vessel, or a registered fish carrier, who intends to bring the vessel into the internal waters or a port
2: If the chief executive is satisfied that a vessel has undermined international conservation and management measures, the chief executive may, by notice to the master of a vessel to which subsection (1) applies, direct the vessel—
a: not to enter the internal waters or a port
b: if it has entered the internal waters or a port of New Zealand, to leave those waters or that port.
3: If the Minister is satisfied on reasonable grounds that it is necessary for the purpose of the conservation and management of fish, aquatic life, or seaweed, the Minister may, by notice or a port
4: The master of a vessel to which a notice under subsection (2) or subsection (3) applies, who brings the vessel into the internal waters or a port section 252(5)
5: This section does not prevent a vessel from entering or remaining in the internal waters or a port of New Zealand in the case of force majeure
6: A notice under subsection (3) is secondary legislation ( see Part 3 The following table is small in size and has 3 columns that are grouped under the heading Legislation Act 2019 requirements for secondary legislation made under this section. Legislation Act 2019 requirements for secondary legislation made under this section Publication The maker must publish it in the Gazette LA19 ss 73 74(1)﻿(a) cl 14 The Ministry of Foreign Affairs and Trade considers that the secondary legislation may have international transparency obligations under the CPTPP s 75 LA19 ss 74(2) 75 Presentation The Minister must present it to the House of Representatives LA19 s 114 cl 32(1)﻿(a) Disallowance It may be disallowed by the House of Representatives LA19 ss 115 116 This note is not part of the Act. Section 113ZD inserted 1 May 2001 section 16 Fisheries Act 1996 Amendment Act (No 2) 1999 Section 113ZD(1) amended 1 October 2004 section 41(1) Fisheries Amendment Act (No 3) 2004 Section 113ZD(2)﻿(a) amended 1 October 2004 section 41(1) Fisheries Amendment Act (No 3) 2004 Section 113ZD(2)﻿(b) substituted 1 October 2004 section 41(2) Fisheries Amendment Act (No 3) 2004 Section 113ZD(3) amended 28 October 2021 section 3 Secondary Legislation Act 2021 Section 113ZD(3) amended 1 October 2004 section 41(3) Fisheries Amendment Act (No 3) 2004 Section 113ZD(4) amended 1 October 2004 section 41(3) Fisheries Amendment Act (No 3) 2004 Section 113ZD(5) substituted 1 October 2004 section 41(4) Fisheries Amendment Act (No 3) 2004 Section 113ZD(6) inserted 28 October 2021 section 3 Secondary Legislation Act 2021
113ZE: Consent of Attorney-General required for certain proceedings
1: This section applies to proceedings for offences under the following sections:
a: section 113A
b: section 113E
2: Despite anything in any other enactment, those proceedings may not be instituted in any court except with the consent of the Attorney-General and on the Attorney-General's certificate that it is expedient that the proceedings should be instituted. 1996 No 22 s 27 Section 113ZE inserted 1 May 2001 section 16 Fisheries Act 1996 Amendment Act (No 2) 1999
113ZF: Authorised agent
A document required to be served on the holder of a high seas fishing permit is deemed to have been duly served if it is—
a: delivered to a representative person for the time being specified under section 103(2)﻿(c) section 105(2)﻿(c)
b: sent to that person by post at the address notified or last notified to the chief executive; or
c: left for that person at that address. Section 113ZF inserted 1 May 2001 section 16 Fisheries Act 1996 Amendment Act (No 2) 1999
7: Dispute resolution
114: Application of this Part
This Part—
a: applies to disputes about the effects of fishing ( excluding
b: does not apply to disputes about ensuring sustainability or about the effects of any fishing authorised under Part 9 Section 114(a) amended 1 January 2005 section 7 Fisheries Amendment Act (No 3) 2004 Statement of procedure
115: Minister to issue statement of procedure
1: Within 6 months after the commencement of this section, the Minister shall publicly notify the availability, at such places as he or she specifies in the notice, of a draft statement of procedure for the resolution of disputes to which this Part applies.
2: Any person may, within 30 working days after the public notification of the availability of the draft statement of procedure under subsection (1), make a submission to the Minister about the draft statement of procedure.
3: The Minister shall, after having due regard to the submissions (if any) received on the draft statement of procedure, and within 30 working days of the close of the period referred to in subsection (2), approve a statement of procedure for the resolution of disputes to which this Part applies.
4: The Minister shall publicly notify the availability, at such places as he or she specifies in the notice, of the approved statement of procedure.
5: The Minister shall from time to time, at such intervals as he or she considers appropriate, review the approved statement of procedure and may, at any time,—
a: amend the statement; or
b: revoke the statement and substitute a new statement;— and subsections (2) to (4), with any necessary modifications, shall apply to every such amendment or substituted statement.
116: Content of statement of procedure
The statement of procedure under section 115
a: a process by which any interested party may identify a dispute to which this Part applies; and
b: a process and guidelines to determine whether a dispute relates to a matter that significantly affects the fishing activities of 1 or more persons; and
c: input and participation by tangata whenua having a non-commercial interest in the fisheries resources concerned, having particular regard to kaitiakitanga; and
d: opportunities for parties to negotiate, take collective action (if appropriate), and resolve disputes; and
e: the outcome of any resolution processes to be forwarded to the Minister. Fisheries Dispute Commissioners
117: Minister may appoint Fisheries Dispute Commissioner to resolve dispute
1: The Minister may, on the Minister's own motion or at the request of any party to the dispute, appoint a Fisheries Dispute Commissioner to inquire into a dispute, if—
a: the parties to the dispute are unable to resolve the dispute in accordance with the approved statement of procedure under section 115
b: the Minister is satisfied that—
i: the dispute is a dispute to which this Part applies; and
ii: there is no reasonable prospect of a negotiated solution being reached; and
iii: the dispute relates to a matter that has a significant adverse effect on the fishing activities of 1 or more persons.
2: Any party making a request to the Minister under this section shall, as soon as practicable after making the request, notify every other party to the dispute that such a request has been made.
3: Subject to subsection (4), the Minister shall, within 40 working days after any party to a dispute requests the appointment of a Commissioner,—
a: decide whether or not to appoint a Commissioner; and
b: notify any party of either—
i: the name of the Commissioner; or
ii: the reasons for deciding not to appoint a Commissioner.
4: The Minister may, at any time before the expiration of the 40-day period referred to in subsection (3), from time to time extend that period by such further period not exceeding 80 working days as he or she considers necessary; and, in such case, the Minister shall, as soon as practicable, notify the parties of the extension and of the reasons for that extension.
5: When appointing a Commissioner, the Minister shall specify to the Commissioner the nature of the dispute that is subject to the inquiry.
118: Inquiries
1: For each inquiry, a Commissioner shall determine the procedure that he or she considers appropriate and fair in the circumstances.
2: The Commissioner shall seek and consider—
a: submissions from parties to the inquiry; and
b: submissions from such other persons or organisations as the Commissioner considers appropriate.
3: The Commissioner may receive in evidence any statement, document, information, or matter, that may, in the Commissioner's opinion, assist the Commissioner to deal effectively with the dispute before him or her, whether or not the same would otherwise be admissible in a court of law.
4: The Commissioner may—
a: examine, on oath or otherwise, 1 or more of the parties, or any person whose evidence has been received by the Commissioner under subsection (3):
b: require any person to verify by statutory declaration any statement made by that person with respect to the dispute.
5: If the Commissioner is not satisfied that the dispute is one to which this Part applies, he or she shall refer the dispute back to the Minister and give reasons for doing so.
6: Without limiting any other provision in this Part, every Commissioner shall have, and may exercise, such powers as are reasonably necessary or expedient to enable the Commissioner to carry out his or her functions.
7: The parties to the dispute are the parties to the inquiry.
119: Secretarial services
1: The chief executive shall designate an employee of the Ministry to be the secretary to a Commissioner, and shall also provide from the Ministry such secretarial, recording, accounting, and clerical services as may be necessary to enable a Commissioner to discharge his or her functions.
2: All expenses incurred in respect of the functions of a Commissioner shall be paid out of money appropriated for that purpose by Parliament.
120: Fees and allowances of Commissioner
A Commissioner shall be paid such fees and other allowances as the Minister may from time to time approve, which fees and allowances shall be reasonable in the circumstances and be paid out of money appropriated for that purpose by Parliament. 1993 No 95 s 63(3)
121: Protection of sensitive information
1: A Commissioner may, on the Commissioner's own motion or on the application of a party to the inquiry, make an order prohibiting or restricting the publication or communication of any information supplied to the Commissioner, or obtained by the Commissioner, in the course of any inquiry, whether or not the information may be material to the inquiry.
2: A Commissioner shall make an order described in subsection (1) only if satisfied that the order is necessary—
a: to avoid serious offence to tikanga Maori or to avoid the disclosure of the location of wahi tapu; or
b: to avoid the disclosure of a trade secret; or
c: to avoid unreasonable prejudice to the position of the person who supplied, or is the subject of, the information,— and is satisfied that, in the circumstances of the dispute, the importance of protecting the interests referred to in this section outweighs the public interest in making the information available.
3: Every person commits an offence and is liable to the penalty set out in section 252(6) 1991 No 69 s 42 1993 No 95 s 66
122: Commissioner to report to Minister within 60 working days
1: Subject to subsection (2), a Commissioner shall, within 60 working days of appointment, give the Minister a report on the dispute including recommendations for resolving the dispute (which may include taking no action) together with the reasons for such recommendations.
2: A Commissioner shall not recommend any option that is likely to have a significant adverse effect on the fishing activities of any person who has any current fishing interests provided for or authorised by or under this Act.
3: The Minister may from time to time extend by such period as he or she considers necessary the period referred to in subsection (1); and, if the Minister does extend that period, the Minister shall, as soon as practicable, notify the parties to the inquiry of the extension and of the reasons for that extension.
123: Minister to determine dispute
1: If there is a dispute to which this Part applies, the Minister shall,—
a: in the case of a dispute referred to a Commissioner, determine the dispute as soon as practicable after receiving and considering the Commissioner's report under section 122
b: in any other case, if the Minister is satisfied that the dispute could not be resolved in accordance with the approved statement of procedure under section 115
2: Without limiting the Minister's power to make a determination under subsection (1), the Minister may determine in any case that no action be taken.
3: The Minister shall not make a determination under subsection (1) that is likely to have a significant adverse effect on the fishing activities of any person who has any current fishing interests provided for or authorised by or under this Act.
4: The Minister shall give reasons for every determination made under subsection (1).
5: The Minister shall—
a: give each of the parties to the dispute notice in writing of the determination; and
b: give notice of the determination in at least 1 newspaper circulating in the area concerned.
6: Without limiting the generality of section 297
8: Registration of transfers, mortgages, caveats, etc
Administration
124: Registers
1: The chief executive shall keep, in respect of each quota management stock,—
a: a register to be called the Quota Register:
b: a register to be called the Annual Catch Entitlement Register; and there shall be separate Annual Catch Entitlement Registers for each fishing year.
2: The registers may be kept in the form of information stored by means of a computer.
3: The registers may be kept in conjunction with any other register required to be kept under this Act.
4: The Crown owns all information contained in any Quota Register or Annual Catch Entitlement Register that is required by this Act to be contained in that register.
5: Without limiting anything in section 297
125: Appointment of Registrars
Section 125 repealed 9 September 1999 section 85(g) Fisheries Act 1996 Amendment Act 1999
126: Chief executive to have use of seal
1: The chief executive must have and use a seal that includes the words Registry of Quota, New Zealand Registry of Annual Catch Entitlement, New Zealand
2: Every document bearing the imprint of the chief executive's seal. and purporting to be signed or issued by the chief executive or a person authorised to sign on the chief executive's behalf is, in the absence of proof to the contrary, deemed to be signed or issued by or under the direction of the chief executive. Section 126 substituted 1 October 2001 section 41 Fisheries Act 1996 Amendment Act 1999
127: Matters to be shown in Quota Register
1: Each Quota Register shall contain the following particulars (if applicable) for each stock to which that Quota Register relates:
a: the total allowable catch:
b: the total allowable commercial catch:
c: the individual transferable quota allocated to each person:
d: every registered transfer of individual transferable quota (whether by operation of law or otherwise) and every registered transfer of provisional individual transferable quota by operation of law, and—
i: the names of the transferor and the transferee; and
ii: the number of quota shares transferred; and
iii: the time and date of the registration of the transfer:
e: the provisional individual transferable quota allocated to each person:
f: the provisional catch history allocated to each person:
g: every registered transfer of provisional catch history (whether by operation of law or otherwise), and—
i: the names of the transferor and the transferee; and
ii: the amount in kilogrammes of provisional catch history transferred; and
iii: the time and date of the registration of the transfer:
h: every increase and every decrease of the number of quota shares held by any person that results from the transfer by the Crown of any quota by virtue of the operation of section 22 section 23 section 52
i: the aggregate holding of each kind of quota and provisional catch history held by each person:
j: every caveat registered in respect of any quota shares under section 159
i: the names of the caveator and the quota owner over whose quota shares the caveat is registered; and
ii: the time and date of the registration of the caveat; and
iii: the number of quota shares over which the caveat is registered; and
iv: the type of caveat being imposed; and
v: the date (if any) on which the caveat will lapse; and
vi: the date on which the caveat is withdrawn:
ja: every settlement quota interest registered under section 152A
i: the name of Te Ohu Kai Moana Trustee Limited and of the quota owner over whose quota shares the settlement quota interest is registered; and
ii: the time and date of registration of the settlement quota interest; and
iii: the number of quota shares over which the settlement quota interest is registered:
k: every mortgage registered under section 159
i: the names of the mortgagor and the mortgagee; and
ii: the time and date of the registration of the mortgage; and
iii: the number of quota shares secured by the mortgage; and
iv: every variation of the terms of the mortgage; and
v: every assignment of the mortgage; and
vi: the time and date of discharge of the mortgage:
l: every memorial registered under this Act, and the reason for the memorial:
m: every forfeiture of quota or provisional catch history under this Act, including—
i: the time and date of the registration of the resulting transfer to the Crown of the quota or provisional catch history; and
ii: the number of quota shares or kilogrammes of provisional catch history transferred to the Crown ; and
iii: that any settlement quota that is forfeit is subject to a settlement quota interest registered under section 152A
n: such other matters as may be required by regulations made under section 297
2: Each Quota Register shall contain the last known postal address of the quota owner and persons having a registered interest in the quota.
3: Each Quota Register shall contain corrections made under section 165 Section 127(1)﻿(ja) inserted 29 November 2004 section 214 Maori Fisheries Act 2004 Section 127(1)﻿(k)﻿(v) substituted 1 October 2001 section 13 Fisheries (Remedial Issues) Amendment Act 2001 Section 127(1)﻿(k)﻿(vi) added 1 October 2001 section 13 Fisheries (Remedial Issues) Amendment Act 2001 Section 127(1)﻿(m)﻿(ii) amended 29 November 2004 section 214 Maori Fisheries Act 2004 Section 127(1)﻿(m)﻿(iii) added 29 November 2004 section 214 Maori Fisheries Act 2004
128: Matters to be shown in Annual Catch Entitlement Register
1: Each Annual Catch Entitlement Register shall, in respect of the year to which it applies, contain the following particulars (if applicable) in respect of the stock to which it relates:
a: every annual catch entitlement held by any person at any time:
b: the amount of annual catch entitlement that is allocated under section 67 section 67A
ba: the amount of annual catch entitlement that is allocated under section 68
c: every registered transfer of annual catch entitlement (whether by operation of law or otherwise), and—
i: the names of the transferor and the transferee; and
ii: the amount (in kilogrammes) of annual catch entitlement transferred; and
iii: the time and date of registration:
d: every transfer of annual catch entitlement received for registration under section 133
i: the names of the transferor and the transferee; and
ii: the amount (in kilogrammes) of annual catch entitlement to be transferred; and
iii: the time and date of the chief executive's
e: every caveat registered in respect of the annual catch entitlement under section 159
i: the names of the caveator and the annual catch entitlement owner over whose annual catch entitlement the caveat is registered; and
ii: the time and date of the registration of the caveat; and
iii: the amount (in kilogrammes) of annual catch entitlement over which the caveat is registered; and
iv: the type of caveat being imposed; and
v: the date (if any) on which the caveat will lapse; and
vi: the date on which the caveat is withdrawn:
f: every forfeiture of annual catch entitlement under this Act, including—
i: the time and date of the registration of the resulting transfer to the Crown of the annual catch entitlement; and
ii: the amount (in kilogrammes) of annual catch entitlement transferred to the Crown:
g: all reported catch of the stock taken in the year to which the register relates and notified by the chief executive under section 80(11)
h: such other matters as may be required by regulations made under section 297
2: Each Annual Catch Entitlement Register shall contain the last known postal address of the annual catch entitlement owner and persons having a registered interest in the annual catch entitlement.
3: Each Annual Catch Entitlement Register shall contain corrections made under section 165 Section 128(1)﻿(b) substituted 1 October 2001 section 42 Fisheries Act 1996 Amendment Act 1999 Section 128(1)﻿(ba) inserted 1 October 2001 section 42 Fisheries Act 1996 Amendment Act 1999 Section 128(1)﻿(d)﻿(iii) amended 9 September 1999 section 90(2) Fisheries Act 1996 Amendment Act 1999
129: Registers to be open for inspection
1: The registers kept under this Part must be open for inspection by members of the public on payment of the prescribed fee (if any) during ordinary office hours, and the chief executive must, on request and on payment of a reasonable charge, supply to any person copies of all or any part of a register.
1A: Subsection (1) section 130
2: The Crown is not liable in damages for any loss or damage resulting from any inaccuracy in any search of a register or a correct search of an inaccurate entry in a register, including any search by, or on behalf of, the chief executive
3: If the chief executive chief executive 1989 No 148 s 28 Section 129(1) replaced 1 December 2020 section 217 Privacy Act 2020 Section 129(1A) inserted 1 December 2020 section 217 Privacy Act 2020 Section 129(2) amended 9 September 1999 section 90(2) Fisheries Act 1996 Amendment Act 1999 Section 129(3) amended 9 September 1999 section 90(2) Fisheries Act 1996 Amendment Act 1999
130: Chief executive
1: For the purpose of this Act, the chief executive
2: Any register may be closed for a period exceeding 48 hours if the chief executive so directs after consulting such persons or organisations as the chief executive considers are representative of the classes of owners of the quota or annual catch entitlements affected by the closure.
3: Before closing any register under subsection (1) or subsection (2), the chief executive
4: While any register is closed during a period referred to in subsection (1) or subsection (2), the chief executive Section 130 heading amended 9 September 1999 section 90(2) Fisheries Act 1996 Amendment Act 1999 Section 130(1) amended 9 September 1999 section 90(2) Fisheries Act 1996 Amendment Act 1999 Section 130(3) amended 9 September 1999 section 90(2) Fisheries Act 1996 Amendment Act 1999 Section 130(4) amended 9 September 1999 section 90(2) Fisheries Act 1996 Amendment Act 1999
131: Liability of officers
Section 131 repealed 9 September 1999 section 85(g) Fisheries Act 1996 Amendment Act 1999 Transfers of quota or annual catch entitlement
132: Transfers of individual transferable quota
1: No transfer of individual transferable quota for any stock shall be registered under this Act unless, at the time the transfer is to be registered,—
a: the transferor owns the individual transferable quota shares to be transferred; and
b: the quota shares to be transferred are not subject to any caveat or mortgage registered under this Act ; and
c: in the case of quota shares subject to a settlement quota interest registered under section 152A section 158 ; and
d: the person is not an overseas person or, if an overseas person, either has obtained consent under the overseas investment fishing provisions to acquire quota or is exempt from the requirement for that consent.
2: A part of an individual transferable quota share is not transferable.
3: The chief executive
4: Provisional individual transferable quota is not transferable except by operation of law. Section 132(1)﻿(b) amended 29 November 2004 section 214 Maori Fisheries Act 2004 Section 132(1)﻿(c) added 29 November 2004 section 214 Maori Fisheries Act 2004 Section 132(1)﻿(c) amended 25 August 2005 section 75 Overseas Investment Act 2005 Section 132(1)﻿(d) added 25 August 2005 section 75 Overseas Investment Act 2005 Section 132(3) amended 9 September 1999 section 90(2) Fisheries Act 1996 Amendment Act 1999 Section 132(4) added 1 October 2001 section 14 Fisheries (Remedial Issues) Amendment Act 2001
133: Transfers of annual catch entitlement
1: No transfer of annual catch entitlement for any stock shall be registered under this Act unless, at the time the transfer is to be registered,—
a: the transferor owns the annual catch entitlement to be transferred; and
b: the amount of annual catch entitlement to be transferred is not subject to any caveat registered under this Act ; and
c: the person is not an overseas person or, if an overseas person, either has obtained consent under the overseas investment fishing provisions to acquire annual catch entitlement or is exempt from the requirement for that consent.
2: Subsection (4) does not prevent the chief executive
3: A part of a kilogramme of annual catch entitlement is not transferable.
4: The chief executive Section 133(1)﻿(b) amended 25 August 2005 section 75 Overseas Investment Act 2005 Section 133(1)﻿(c) added 25 August 2005 section 75 Overseas Investment Act 2005 Section 133(2) amended 9 September 1999 section 90(2) Fisheries Act 1996 Amendment Act 1999 Section 133(4) amended 9 September 1999 section 90(2) Fisheries Act 1996 Amendment Act 1999
134: Annual catch entitlement transferable during extended trading period
A transfer of annual catch entitlement may be registered at any time before the close of the 15th day after the end of the fishing year in which it is generated or created and shall be effective for all the purposes of this Act for that fishing year.
135: Other dealings in quota or annual catch entitlement
1: No person may deal with quota, annual catch entitlement, or provisional catch history for the purpose of this Act otherwise than in accordance with this Act, and any dealing that is not in accordance with this Act has no effect for the purpose of this Act.
2: Subsection (1) does not provide a defence to any proceedings for an offence against this Act nor of itself disproves any association between 2 or more persons. Mortgages of quota
136: Mortgages of quota
1: Except as otherwise expressly provided by this Act, any quota shares may be subject to a mortgage.
1A: Section 167(1) and (2)
2: A mortgage of quota shares prevents the registration of any transfer of quota shares owned by the mortgagor if the transfer would reduce the number of quota shares in any stock owned by the mortgagor to a number less than the number of quota shares for that stock subject to the mortgage.
3: Every mortgage of quota shares shall state the number of quota shares to be charged at the time of registration of the mortgage.
4: Except as otherwise provided by this Act, the chief executive section 159
a: the mortgagor owns a number of quota shares in that stock equal to or greater than the number of quota shares in that stock over which the mortgage is to be registered; and
b: the number of quota shares to be mortgaged is not subject to any caveat or other mortgage registered under this Act.
5: A mortgage under this Act shall have effect as a security, but shall not operate as a transfer of the quota shares charged. Section 136(1A) inserted 29 November 2004 section 214 Maori Fisheries Act 2004 Section 136(4) amended 9 September 1999 section 90(2) Fisheries Act 1996 Amendment Act 1999
137: Mortgages of annual catch entitlement prohibited
No annual catch entitlement shall be subject to a mortgage and no mortgage over any annual catch entitlement has any effect for the purpose of this Act.
138: Variation of terms of mortgage by endorsement
The number of quota shares in any stock secured by a mortgage under this Act may be increased or reduced by a memorandum of variation in the approved form. 1989 No 148 s 75
138A: Assignment of mortgages
A mortgagee may assign to another person the mortgagee's rights, interests, and obligations under that mortgage by a memorandum of assignment in the approved form. Section 138A inserted 1 October 2001 section 15 Fisheries (Remedial Issues) Amendment Act 2001
139: Rights of mortgagee
1: Without limiting the covenants, conditions, and powers that may, by agreement between the mortgagor and the mortgagee, be contained in a mortgage of quota shares, a mortgage of quota shares shall confer on the mortgagee, in the event of default by the mortgagor in the performance or observance of any covenant contained or implied in the mortgage, the power to sell in whole or in part the number of quota shares subject to the mortgage.
2: A power of sale under this section is subject to the following provisions:
a: a mortgagee's power of sale over any provisional individual transferable quota shares is not exercisable until the provisional individual transferable quota shares become individual transferable quota shares:
b: a mortgagee's power of sale over any quota shares is not exercisable if the quota is subject to a Crown caveat under section 58 section 61 section 214
c: the restrictions on a mortgagee's power of sale defined in section 140A 1989 No 148 s 78 Section 139(2)﻿(c) added 29 November 2004 section 214 Maori Fisheries Act 2004
140: Restriction on exercise of power of sale
1: No power conferred by any mortgage to sell any quota shares shall, subject to section 141
a: any default in the payment of any money secured by any mortgage of any quota shares; or
b: any default in the performance or observance of any other covenant expressed or implied in the mortgage,— unless and until the mortgagee serves on the mortgagor a notice that complies with the requirements of this section, and (in any case if the default complained of is capable of remedy) the mortgagor fails to remedy the default before the date stated in the notice.
2: Every notice under subsection (1) shall inform the mortgagor of—
a: the nature and extent of the default complained of; and
b: the date by which the mortgagor is required to remedy the default (if it is capable of remedy); and
c: the rights that the mortgagee will be entitled to exercise if the default is not remedied within the stated period.
3: Any notice given under subsection (1) that does not comply with subsection (2) shall be void unless the failure does not materially prejudice the interests of the mortgagor.
4: The date to be stated in the notice shall be not earlier than 1 month from the service of the notice.
5: In addition to giving the notice under subsection (1), if any of the quota shares are subject to a caveat registered under this Act and the mortgagee has actual notice of the name and address of the caveator, the mortgagee shall forthwith, after serving notice on the quota owner, serve a copy of the notice on the caveator; but failure to comply with this subsection does not in itself prevent any of the powers referred to in subsection (1) from becoming or being deemed to have become exercisable and does not prevent any money secured by a mortgage from becoming or being deemed to have become payable.
5A: In addition to giving the notice under subsection (1), if any of the quota shares are subject to a settlement quota interest registered under section 152A
6: For the purposes of subsection (1), the entering into of a contract to sell or the granting of an option to purchase quota shares shall not be regarded as the exercise of a power of sale if the contract or option is conditional (either solely or together with other conditions) on the failure by the owner to remedy a default specified in a notice under this section served either before or after the contract is entered into or the option is granted, as the case may be.
7: A mortgagee who exercises a power of sale of quota shares owes a duty to the mortgagor to take reasonable care to obtain the best price reasonably obtainable as at the time of sale.
8: Notwithstanding any enactment or rule of law or anything contained in any deed or instrument by or under which the power of sale is conferred,—
a: it is not a defence to proceedings against a mortgagee for a breach of the duty imposed by subsection (7) that the mortgagee was acting as the mortgagor's agent or under a power of attorney from the mortgagor:
b: a mortgagee is not entitled to compensation or indemnity from the mortgaged quota shares or the mortgagor in respect of any liability incurred by the mortgagee arising from a breach of the duty imposed by subsection (7). 1952 No 51 ss 92(1AA) 103A 103B 1989 No 148 s 79 Section 140(5A) inserted 29 November 2004 section 214 Maori Fisheries Act 2004
140A: Restriction on transfer by mortgagee
1: Despite sections 139 140 sections 161 163
2: Despite section 145(1) Section 140A inserted 29 November 2004 section 214 Maori Fisheries Act 2004
141: Court may permit mortgagee to exercise power before period expired
1: Any court may, on the application of a mortgagee made ex parte section 140
2: Leave may be granted under subsection (1) either unconditionally or upon and subject to such conditions as the court thinks fit. 1952 No 51 ss 92(1AA) 103A 103B 1989 No 148 s 81
142: Restriction on action to recover deficiency
1: If at any time the mortgagee exercises the power of sale and the amount realised is less than the amount owing under the covenant to repay expressed or implied in the mortgage, no action to recover the amount of the deficiency, or any part of the deficiency, shall be commenced by the mortgagee against any person (other than the mortgagor of the quota at the time of the exercise of the power of sale) unless the mortgagee, at least 1 month before the exercise of the power of sale, serves on that person notice of the mortgagee's intention to exercise the power of sale and to commence action against that person to recover the amount of the deficiency in the event of the amount realised being less than the amount owing under the covenant to repay.
2: A court may, on the application of a mortgagee made ex parte 1989 No 148 s 82
143: No contracting out
Sections 139 to 142 1989 No 148 s 83
144: Application of purchase money
The purchase money from the sale by the mortgagee of any quota shares shall be applied as follows:
a: first, in payment of the expenses occasioned by the sale:
b: secondly, in payment of the money then due or owing to the mortgagee:
c: thirdly, to the Crown in payment of any levies under Part 14
d: fourthly, the surplus (if any) shall be paid to the mortgagor. 1989 No 148 s 84
145: Transfer by mortgagee
1: Notwithstanding section 148
1A: Subsection (1) does not limit section 152B(3) and (4)
2: Upon registration of such a transfer, every caveat over the quota shares being transferred lapses in respect of those shares, and the interests of the mortgagor expressed in that transfer to be transferred pass to and vest in the purchaser, freed and discharged of the interest claimed by the caveator.
3: The chief executive
4: If a mortgagee gives a receipt in writing in respect of any money arising under an exercise of the power of sale conferred by this Part, or any money or securities comprised in the mortgagee's mortgage or arising under the mortgage, the receipt is a sufficient discharge for that money or those securities, and a person paying or transferring the money or securities to the mortgagee shall not be concerned to inquire whether any money remains due under the mortgage or to see to the application of the money or securities so paid or transferred. 1952 No 51 s 98(1) 1989 No 148 s 85 Section 145(1A) inserted 29 November 2004 section 214 Maori Fisheries Act 2004 Section 145(3) amended 9 September 1999 section 90(2) Fisheries Act 1996 Amendment Act 1999
146: Discharge of mortgage
1: If the sum secured by a mortgage has been paid off either wholly or in part, or if for any other reason the mortgagee has become bound to discharge the mortgage, the mortgagee must execute
2: A memorandum of discharge, when registered under this Act, discharges the quota shares from the mortgage to the extent specified in that memorandum. 1989 No 148 s 86 Section 146(1) amended 1 October 2001 section 16 Fisheries (Remedial Issues) Amendment Act 2001 Caveats
147: Types of caveats
A caveat may, subject to section 149(2)
a: at the request of any person with the consent of the owner of those quota shares or that annual catch entitlement:
b: at the direction of the chief executive under section 58 section 61 section 214 section 268
c: at the direction or order of a court in any civil proceedings. Section 147(b) amended 1 October 2001 section 43 Fisheries Act 1996 Amendment Act 1999
148: Effect of caveat
1: While a caveat remains in force, the chief executive
2: Subsection (1) does not prevent the chief executive
a: a transfer of the caveated quota shares or annual catch entitlement, and constitutes a withdrawal of the caveat in respect of the quota shares or annual catch entitlement transferred; or
b: a mortgage of the caveated quota shares. 1989 No 148 s 91 Section 148(1) amended 9 September 1999 section 90(2) Fisheries Act 1996 Amendment Act 1999 Section 148(2) amended 9 September 1999 section 90(2) Fisheries Act 1996 Amendment Act 1999
149: Caveat against transfer of quota or annual catch entitlement
1: If—
a: the owner of the quota shares or annual catch entitlement concerned and any other person jointly lodge a caveat in the approved form with the chief executive
b: a court directs or orders that a caveat be lodged; or
c: the chief executive directs that a caveat be lodged under section 58 section 61 section 214 section 268 the chief executive section 159
2: Except as otherwise provided by this Act, the chief executive section 159
a: the person whose quota shares or annual catch entitlement is being caveated owns a number of quota shares or an amount of annual catch entitlement, as the case may be, in the relevant stock equal to or greater than the number of quota shares or amount of annual catch entitlement over which the caveat is to be registered; and
b: in the case of a caveat lodged under subsection (1)﻿(a), the quota shares or annual catch entitlement to be the subject of the caveat are not already subject to any other caveat registered under this Act. 1989 No 148 s 89 Section 149(1) amended 9 September 1999 section 90(2) Fisheries Act 1996 Amendment Act 1999 Section 149(1)﻿(a) amended 9 September 1999 section 90(2) Fisheries Act 1996 Amendment Act 1999 Section 149(1)﻿(c) amended 1 October 2001 section 44 Fisheries Act 1996 Amendment Act 1999 Section 149(2) amended 9 September 1999 section 90(2) Fisheries Act 1996 Amendment Act 1999
150: Caveat may be withdrawn
1: Any caveat may, either as to the whole or any part of the quota or annual catch entitlement protected by the caveat, be withdrawn by the person whose interests are protected by the caveat or by the person's attorney or agent under a written authority.
2: Every withdrawal of a caveat shall be in the approved form.
3: If a caveat has been registered for a stated period, the caveat shall lapse at the close of that period. 1989 No 148 ss 94 96
151: Procedure for removal of caveat
1: The owner of quota or annual catch entitlement against which a caveat has been lodged may apply to any court for an order that the caveat be removed.
2: The court, upon proof that notice of the application has been served on the caveator or the person on whose behalf the caveat has been lodged, may—
a: order that the caveat be removed entirely:
b: order that the caveat be removed in part or in respect of any particular transaction:
c: impose such sureties and conditions as it thinks fit:
d: make such other orders in respect of the caveat as it thinks fit.
3: This section does not apply to caveats imposed under section 58 section 61 section 214 1989 No 148 s 93
152: Person entering or maintaining caveat without due cause liable for damages
Any person who lodges a caveat and who, when that caveat is no longer needed to protect any interest of the caveator, fails, without reasonable cause, to withdraw that caveat as soon as reasonably practicable after having been requested to do so by any person prejudicially affected by the caveat, is liable in damages for any loss or damage suffered by any person as a result of the failure to withdraw the caveat. 1989 No 148 s 95 Settlement quota interests Heading inserted 29 November 2004 section 214 Maori Fisheries Act 2004
152A: Registration
The chief executive must register a settlement quota interest against the quota shares notified by Te Ohu Kai Moana Trustee Limited as soon as reasonably practicable after receiving—
a: a request in accordance with section 160(2)
b: payment by Te Ohu Kai Moana Trustee Limited of the prescribed fee. Section 152A inserted 29 November 2004 section 214 Maori Fisheries Act 2004
152B: Effect of registering settlement quota interest against quota shares
1: Between the appointed day and the time when a settlement quota interest is registered against the quota specified by Te Ohu Kai Moana Trustee Limited, there must be no dealings with the quota shares listed in Schedule 1
2: While there is a settlement quota interest registered against quota, no transfer of that quota may be registered unless—
a: the transfer is—
i: authorised by Te Ohu Kai Moana Trustee Limited and the owner under section 160
ii: ordered by the court; or
b: the settlement quota is forfeit to the Crown under section 61 sections 255 to 255E
3: To avoid doubt, a settlement quota interest remains in force if settlement quota is transferred, unless the settlement quota interest is removed in accordance with section 160
4: However, the fact that a settlement quota interest is registered against the quota does not exclude the quota from being subject to a mortgage or caveat under this Act.
5: Subsection (2) overrides section 145(1) Section 152B inserted 29 November 2004 section 214 Maori Fisheries Act 2004 Effect of decrease in or cancellation of quota
153: Effect of decrease in quota shares
1: This section applies where—
a: either—
i: a transfer of quota shares in any stock to any person holding preferential allocation rights under section 23
ii: any determination of an appeal under section 51 section 52
b: as a result of the deduction, the number of quota shares in that stock held by the owner is less than the total number of quota shares in that stock subject to a mortgage or caveat immediately before the deduction.
2: Where a deduction referred to in subsection (1)﻿(a)﻿(i) is required and there are 1 or more mortgages or caveats registered over the quota shares owned by the quota owner, then the number of shares secured by any 1 or more of those mortgages or caveats must be reduced in the manner prescribed by regulations made under this Act in accordance with the quota share reduction principles set out in subsection (4).
3: If any quota owner, or the chief executive, has appealed under section 51
a: all provisional individual transferable quota for the relevant stock owned by that quota owner must, at the chief executive's direction, be transferred to the Crown in accordance with section 52
b: if any provisional individual transferable quota shares so transferred were subject to a mortgage or caveat, the mortgage or caveat ceases to apply to the transferred provisional individual transferable quota shares, and instead applies to the same number of individual transferable quota shares transferred to that quota owner under section 52
c: if, as a result of such transfers, the number of individual transferable quota shares in the relevant stock owned by the quota owner is less than the number of provisional individual transferable quota shares that were subject to the mortgage or caveat and there are 1 or more mortgages or caveats registered over the provisional individual transferable quota shares owned by the quota owner, then the number of shares secured by any 1 or more of those mortgages or caveats must be reduced in the manner prescribed by regulations made under this Act in accordance with the quota share reduction principles set out in subsection (4).
4: The quota share reduction principles referred to in subsections (2) and (3)﻿(c) are as follows:
a: the total number of shares subject to any individual caveat may not exceed the total number of shares owned by the quota owner concerned:
b: the total number of shares subject to all caveats may exceed the total number of shares owned by the quota owner:
c: where quota shares subject to caveats must be reduced, they must be reduced to equal the number of shares owned by the quota owner:
d: the total number of shares subject to all mortgages may not exceed the total number of shares owned by the quota owner concerned:
e: the total number of shares subject to all mortgages and caveats that were registered prior to the last registered mortgage may not exceed the total number of shares owned by the quota owner:
f: where quota shares subject to mortgages must be reduced, the shares subject to the most recently registered mortgage must be reduced first, and the shares subject to any earlier registered mortgage may only be reduced after the first-mentioned mortgage has had its security eliminated completely by the reduction.
5: The chief executive must make on the register any entry necessary to show that the quota has been transferred in accordance with section 23 section 52 Section 153 substituted 1 October 2004 section 42 Fisheries Amendment Act (No 3) 2004
154: Effect of alteration of quota management area
1: If 1 or more quota management areas are altered under section 25
a: any mortgage or caveat over any quota that is cancelled as a result of the alteration shall cease to apply to the cancelled quota and shall instead apply to the new quota allocated to the quota owner concerned as a result of that alteration; and
b: the number of new quota shares to be charged or caveated shall bear the same proportion to the quota owner's total shareholding of those shares as the number of shares charged or caveated immediately before the alteration bore to the quota owner's total shareholding for the areas affected by the alteration.
2: The chief executive section 26
3: Subject to subsections (1) and (2), an alteration of 1 or more quota management areas does not affect any rights under a caveat or mortgage of quota shares. Section 154(2) amended 9 September 1999 section 90(2) Fisheries Act 1996 Amendment Act 1999 Registration procedure
155: Transactions not effectual until registered
No transaction has any effect for the purpose of this Act until it is registered in accordance with this Part. 1989 No 148 s 27
156: When transactions deemed registered
Every transaction registered under this Act shall be deemed to have been registered for the purpose of this Act at the time recorded in the register as the time at which the transaction was registered. 1989 No 148 s 13
157: Application for registration
Every application to register a transaction shall—
a: be made by presenting to the chief executive
b: contain such particulars as are specified in the approved form (if any); and
c: be executed in the manner specified in the approved form (if any); and
d: be accompanied by the prescribed fee (if any). 1989 No 148 s 64 Section 157(a) amended 9 September 1999 section 90(2) Fisheries Act 1996 Amendment Act 1999
158: Priority according to time of registration
1: Instruments presented for registration under this Act shall be registered in the chronological order in which they are received by the chief executive chief executive
2: Regulations under section 297 1989 No 148 s 15 Section 158(1) amended 9 September 1999 section 90(2) Fisheries Act 1996 Amendment Act 1999 Section 158(2) substituted 1 October 2001 section 17 Fisheries (Remedial Issues) Amendment Act 2001
159: Registration procedure
1: On receipt of an application that complies with section 157 the chief executive, the chief executive
a: record in the appropriate register the particulars set out in the instrument required by this Act to be registered and the time at which the particulars are so recorded; and
b: issue
c: forward the registration notice to the person who presented the instrument for registration and forward duplicates of the notice to each of the other parties to the transaction; and
d: if a caveat is registered over any quota shares, give notice of the registration of the caveat to the owner (if not otherwise notified) and any mortgagee of those shares and to any other caveator of those shares; and
e: if a caveat is registered over any annual catch entitlement, give notice of the registration of the caveat to the owner (if not otherwise notified) and any other caveator of that annual catch entitlement.
2: For the purposes of subsection (1)﻿(c), the mortgagor is treated as a party to a transaction that is an assignment. 1989 No 148 s 17 Section 159(1) amended 9 September 1999 section 90(2) Fisheries Act 1996 Amendment Act 1999 Section 159(1)﻿(b) amended 1 October 2001 section 45 Fisheries Act 1996 Amendment Act 1999 Section 159(2) added 1 October 2001 section 18 Fisheries (Remedial Issues) Amendment Act 2001
160: Provisions relating to defective applications for registration
1: If—
a: any document relating to a transaction lodged for registration; or
b: any document presented for registration together with any other documents— is found not to be in order for the purposes of registration, the chief executive chief executive
2: Before returning any documents in accordance with subsection (1),—
a: the chief executive
b: shall file the copy in the chief executive's
3: If any documents are returned as provided in subsection (1), those documents shall be deemed not to have been presented for registration but the fee (if any) paid to the chief executive 1989 No 148 ss 18 20(2) 21(a), (b) 22 Section 160(1) amended 9 September 1999 section 90(2) Fisheries Act 1996 Amendment Act 1999 Section 160(2)﻿(a) amended 9 September 1999 section 90(2) Fisheries Act 1996 Amendment Act 1999 Section 160(2)﻿(b) amended 9 September 1999 section 90(2) Fisheries Act 1996 Amendment Act 1999 Section 160(3) amended 9 September 1999 section 90(2) Fisheries Act 1996 Amendment Act 1999 Acquisitions by operation of law
161: Person claiming under operation of law may apply to have interest registered
1: Any person claiming to be entitled by operation of law to be registered as the owner, mortgagee, or caveator of any quota shares, or the holder of any provisional catch history, chief executive
2: Every application under subsection (1) shall be accompanied by such evidence in support of the application as may be necessary to satisfy the chief executive or the holder of any provisional catch history,
3: Every application in relation to provisional catch history must be submitted within the transfer period referred to in section 37(2) 1989 No 148 s 87(1), (2) Section 161(1) amended 1 October 2001 section 46(1) Fisheries Act 1996 Amendment Act 1999 Section 161(1) amended 9 September 1999 section 90(2) Fisheries Act 1996 Amendment Act 1999 Section 161(2) amended 1 October 2001 section 46(2) Fisheries Act 1996 Amendment Act 1999 Section 161(2) amended 9 September 1999 section 90(2) Fisheries Act 1996 Amendment Act 1999 Section 161(3) added 1 October 2001 section 46(3) Fisheries Act 1996 Amendment Act 1999
162: Procedure on application
1: If, on any application under section 161 chief executive chief executive section 159 or as the holder of any provisional catch history,
2: After registration under subsection (1), the quota or annual catch entitlement remains subject to any registered caveat or mortgage.
3: This section overrides sections 132(1)﻿(b) 133(1)﻿(b) 136(2) 148(1) 1989 No 148 s 88 Section 162(1) amended 1 October 2001 section 47 Fisheries Act 1996 Amendment Act 1999 Section 162(1) amended 9 September 1999 section 90(2) Fisheries Act 1996 Amendment Act 1999 Section 162(2) added 1 October 2001 section 19 Fisheries (Remedial Issues) Amendment Act 2001 Section 162(3) added 1 October 2001 section 19 Fisheries (Remedial Issues) Amendment Act 2001
163: Chief executive may transfer quota or annual catch entitlement
1: The power of the chief executive to transfer any quota shares or annual catch entitlement to the Crown or any other person as a consequence of—
a: a reduction in the total allowable commercial catch under section 22 section 23
b: the determination of any appeal under section 51
c: any forfeiture to the Crown of any quota shares or annual catch entitlement— may be exercised notwithstanding the existence of any mortgage or caveat or settlement quota interest
2: The chief executive or settlement quota interest Section 163(1) amended 29 November 2004 section 214 Maori Fisheries Act 2004 Section 163(1)﻿(b) amended 1 October 2004 section 43 Fisheries Amendment Act (No 3) 2004 Section 163(2) amended 29 November 2004 section 214 Maori Fisheries Act 2004 Section 163(2) amended 9 September 1999 section 90(2) Fisheries Act 1996 Amendment Act 1999 Correction of registers
164: Application for correction of register
1: A person who presents an instrument for registration under section 157 chief executive section 297
2: Every application made under subsection (1) shall—
a: be made within 14 days after the registration notice issued under section 159(b)
b: be in the approved form (if any); and
c: include a copy of the registration notice issued under section 159(1)﻿(b) 1989 No 148 s 23 Section 164(1) amended 9 September 1999 section 90(2) Fisheries Act 1996 Amendment Act 1999
165: Correction of register
1: If, upon receipt of an application under section 164 chief executive section 297 chief executive
a: record on the register the nature of the correction and the time at which the correction was made; and
b: notify the person who made the application under section 164 chief executive
2: If the chief executive section 297 chief executive chief executive's chief executive
3: Without limiting the generality of subsection (2), the power conferred by that subsection is exercisable if—
a: a registration notice has been issued in error or an entry or endorsement has been made in error:
b: a misdescription has occurred in any entry in the register or any registration notice issued under section 159(1)﻿(b)
c: an instrument has been obtained fraudulently or wrongfully, or retained fraudulently or wrongfully.
4: No correction may be made under this section to the extent that the correction prejudices any bona fide purchaser for value, or any mortgagee for valuable consideration, unless that person makes a statutory declaration confirming his or her consent to the correction of the register. 1989 No 148 s 24 Section 165(1) amended 9 September 1999 section 90(2) Fisheries Act 1996 Amendment Act 1999 Section 165(1)﻿(b) amended 9 September 1999 section 90(2) Fisheries Act 1996 Amendment Act 1999 Section 165(2) amended 9 September 1999 section 90(2) Fisheries Act 1996 Amendment Act 1999
166: Certified copies of register to be evidence
1: The chief executive
2: Every such certified copy in hard copy form signed by or on behalf of the chief executive chief executive's
3: This section does not apply to any record entered on a register in accordance with section 128(1)﻿(g) 1989 No 148 s 30 Section 166(1) amended 9 September 1999 section 90(2) Fisheries Act 1996 Amendment Act 1999 Section 166(2) amended 9 September 1999 section 90(2) Fisheries Act 1996 Amendment Act 1999
167: Registrar not bound to attend court or produce register without court order
Section 167 repealed 9 September 1999 section 85(h) Fisheries Act 1996 Amendment Act 1999 Guarantee of ownership rights
168: Guarantee of ownership rights
1: The production of a certified copy in hard copy form signed by or on behalf of the chief executive chief executive's
2: Subsection (1) does not apply in respect of any action brought by any person deprived of rights in relation to any quota or of any rights as mortgagee of any quota, by fraud, as against—
a: the person registered as owner of the quota through fraud; or
b: a person deriving otherwise than as a transferee bona fide for value from, or through, a person registered as owner of the quota through fraud.
3: Subsection (1) does not apply in respect of provisional individual transferable quota, annual catch entitlement, or provisional catch history. 1989 No 148 s 58(1), (3) Section 168(1) amended 9 September 1999 section 90(2) Fisheries Act 1996 Amendment Act 1999 Protection of purchasers
169: Purchasers and mortgagees not affected by notice
1: Notwithstanding any rule of law or equity, except in the case of fraud, no purchaser or mortgagee of any individual transferable quota, and no person proposing to purchase or be a mortgagee of any such quota,—
a: is required—
i: to inquire into or ascertain the circumstances in which or the consideration for which that owner or any previous owner is or was registered; or
ii: to see to the application of the purchase money, or of any part of it; or
b: is affected by notice, direct or constructive, of any trust or unregistered interest, and the knowledge that any such trust or unregistered interest is in existence is not of itself to be imputed as fraud.
2: This section does not apply in respect of provisional individual transferable quota, annual catch entitlement, or provisional catch history. 1989 No 148 s 59
170: No liability on bona fide purchaser or mortgagee
1: This section applies to—
a: any person who has acquired ownership of any individual transferable quota as a bona fide purchaser for value and is registered as owner under this Act; and
b: any person to whom a mortgage of any individual transferable quota has been granted in accordance with this Act, as a mortgagee bona fide for value, and who is registered as a mortgagee under this Act.
2: No person to whom this section applies shall be subject to any action for recovery of damages, or be deprived of the rights as registered owner of the quota, or, as the case may be, of that person's interest as mortgagee, on the ground that the vendor from whom the registered owner so acquired the quota or, as the case may require, the mortgagor of the quota—
a: may have been registered as owner through fraud or error, or under any void or voidable instrument; or
b: may have derived from a person registered as owner through fraud or error, or under any void or voidable instrument.
3: This section does not apply in respect of provisional individual transferable quota, annual catch entitlement, or provisional catch history. 1989 No 148 s 60 Compensation
171: Compensation for mistake or wrongdoing
in keeping Quota Register
1: This section applies to any person who—
a: sustains loss or damage through any omission, mistake, or wrongdoing of the chief executive or, as the case may be, an approved service delivery organisation who is responsible under this Act for keeping the Quota Register, in the exercise of functions connected with the keeping of the Quota Register
b: is deprived of the rights in respect of which the person is registered as owner or mortgagee of any individual transferable quota—
i: by the registration of any other person as the owner or as mortgagee, as the case may be; or
ii: by any error, omission, or misdescription in any record in respect of such quota kept by the chief executive or, as the case may be, an approved service delivery organisation who is responsible for keeping the Quota Register, or in any entry or memorial in the Quota Register; or
c: sustains any loss or damage by the wrongful inclusion in any such record of a statement about ownership or any mortgage of quota,— and who, by virtue of section 168 section 170
1A: A person to whom this section applies may bring an action for recovery of damages against—
a: the Crown, if the register was kept by the chief executive at the relevant time; or
b: the approved service delivery organisation, if the functions, duties, and powers connected with the keeping of the register were performed or exercised by that organisation under section 296B
2: This section does not apply in respect of any transfer of individual transferable quota, or entry or record, effected before the commencement of this section.
3: This section does not apply in respect of provisional individual transferable quota, annual catch entitlement, or provisional catch history. 1989 No 148 s 61 Section 171 heading amended 1 October 2001 section 20(1) Fisheries (Remedial Issues) Amendment Act 2001 Section 171(1) substituted 1 October 2001 section 48 Fisheries Act 1996 Amendment Act 1999 Section 171(1)﻿(a) amended 1 October 2001 section 20(2) Fisheries (Remedial Issues) Amendment Act 2001 Section 171(1A) inserted 1 October 2001 section 48 Fisheries Act 1996 Amendment Act 1999 Section 171(1A)﻿(a) substituted 1 October 2001 section 20(3) Fisheries (Remedial Issues) Amendment Act 2001 Section 171(1A)﻿(b) substituted 1 October 2001 section 20(3) Fisheries (Remedial Issues) Amendment Act 2001
172: Notice of action to be served on Attorney-General and Registrar
1: Notice in writing of—
a: every action against the Crown under section 171(1A)﻿(a)
b: the cause of the action; and
c: the amount claimed— shall be served upon the Attorney-General, and also upon the Registrar, at least 20 working days before the commencement of the action, and the Registrar shall notify the chief executive of any such action served on the Registrar.
2: If those officers concur that the claim ought to be admitted, as to the whole or any part of the claim, without suit or action, and jointly certify to that effect, the amount of the claim may, without further appropriation than this section, be paid, out of public money appropriated by Parliament, in whole or in part to the person entitled to that amount in accordance with the certificate.
3: If, after notice of the admission has been served on the claimant, or the solicitor or agent of the claimant, the claimant proceeds with the action, and recovers no more than the amount admitted, the claimant—
a: shall not be entitled to recover any costs as against the Crown; and
b: shall be liable to the Crown for the costs of defending the action in the same manner as if judgment had been given for the defendant in the action. 1989 No 148 s 63 Section 172(1)﻿(a) amended 1 October 2001 section 49 Fisheries Act 1996 Amendment Act 1999
173: Recovery of compensation paid and costs in case of fraud
1: If any sum of money has been lawfully paid out of public money as compensation for any loss occasioned by fraud on the part of any person causing or procuring that person to be registered as the owner of any individual transferable quota or as mortgagee of such quota, as the case may be, by virtue of any dealing with or transmission from a registered owner, the amount of that compensation, together with all costs incurred in testing or defending any claim or action in relation to that compensation, shall be deemed to be a statutory debt due to the Crown from the person legally responsible for that fraud and may be recovered from that person, or from that person's personal representatives, by action at law, in the name of the chief executive
2: In any action under subsection (1), the court may, for the purposes of that action, determine on the balance of probabilities who is legally responsible for the fraud.
3: A certificate signed by the Minister of Finance, verifying the fact of the payment of compensation out of public money, shall be prima facie proof that such payment was made.
4: All money recovered in any action under subsection (1) shall be paid to the credit of a Crown Bank Account. 1989 No 148 s 64 Section 173(1) amended 9 September 1999 section 90(2) Fisheries Act 1996 Amendment Act 1999
9: Taiapure-local fisheries and customary fishing
174: Object
The object of sections 175 to 185
a: as a source of food; or
b: for spiritual or cultural reasons,— better provision for the recognition of rangatiratanga and of the right secured in relation to fisheries by Article II of the Treaty of Waitangi 1983 No 14 s 54A 1989 No 159 s 74
175: Declaration of taiapure-local fisheries
Subject to section 176 1983 No 14 s 54B(1) 1989 No 159 s 74
176: Provisions relating to order under section 175
1: An order under section 175 sections 177 to 185
2: The Minister shall not recommend the making of an order under section 175
a: that the order will further the object set out in section 174
b: that the making of the order is appropriate having regard to—
i: the size of the area of New Zealand fisheries waters that would be declared by the order to be a taiapure-local fishery; and
ii: the impact of the order on the general welfare of the community in the vicinity of the area that would be declared by the order to be a taiapure-local fishery; and
iii: the impact of the order on those persons having a special interest in the area that would be declared by the order to be a taiapure-local fishery; and
iv: the impact of the order on fisheries management. 1983 No 14 s 54B(2), (3) 1989 No 159 s 74
177: Proposal for establishment of taiapure-local fishery
1: Any person may submit to the chief executive a proposal for the establishment of a taiapure-local fishery.
2: The proposal shall—
a: contain a description of the proposed taiapure-local fishery, which description shall include particulars of the location, area, and boundaries of the proposed taiapure-local fishery; and
b: describe—
i: Maori, traditional, recreational, commercial, and other interests in the proposed taiapure-local fishery; and
ii: the species of fish, aquatic life, or seaweed in the proposed taiapure-local fishery that are of particular importance or interest.
3: The proposal shall—
a: state why the area to which the proposal relates has customarily been of special significance to an iwi or hapu either—
i: as a source of food; or
ii: for spiritual or cultural reasons:
b: set out the policies and objectives of the proposal:
c: contain such other particulars as the chief executive considers appropriate. 1983 No 14 s 54C 1989 No 159 s 74
178: Initial consideration of proposal
1: The chief executive shall refer to the Minister every proposal submitted to the chief executive in accordance with section 177
2: If the Minister, after consultation with the Minister of Maori Affairs and after having regard to the provisions of section 176(2) Gazette
3: The proposal shall be available for public inspection for a period of not less than 2 months after the date of the publication in the Gazette
4: The notice shall specify the office of the Maori Land Court in which objections to the proposal may be lodged.
5: If the Minister, after consultation with the Minister of Maori Affairs and after having regard to the provisions of section 176(2) 1983 No 14 s 54D 1989 No 159 s 74
179: Notice of proposal
1: The notice authorised under section 178(2)
2: A copy of the proposal shall be deposited in—
a: the office of the Maori Land Court nearest to the locality of the area to which the proposal relates; and
b: the Ministry's head office; and
c: the office of the territorial authority for the area to which the proposal relates; and
d: the office of the regional council for the area to which the proposal relates. 1983 No 14 s 54E 1989 No 159 s 74
180: Objections to, and submissions on, proposal
1: Any person or any public authority, local authority, or body specifically constituted by or under any Act, and any Minister of the Crown, which or who has any function, power, or duty which relates to, or which or who is or could be affected by, any aspect of the proposed taiapure-local fishery may, within 2 months of the publication in the Gazette section 178(4)
a: an objection to the proposal; or
b: submissions in relation to the proposal; or
c: both.
2: Any such objection and any such submissions shall—
a: identify the grounds on which the objections or submissions are made; and
b: be supplemented by such particulars and information as the Registrar of the Maori Land Court notifies the applicant the Registrar of the Maori Land Court considers necessary to sufficiently identify the grounds of the objection or the submissions. 1983 No 14 s 54F 1989 No 159 s 74
181: Inquiry by tribunal
1: A public inquiry shall be conducted into all objections and submissions received under section 180
2: The inquiry shall be conducted by a tribunal consisting of a Judge of the Maori Land Court appointed by the Chief Judge of the Maori Land Court.
3: The Chief Judge of the Maori Land Court may direct that the tribunal conducting the inquiry conduct it with the assistance of 1 or more assessors to be appointed by the Chief Judge for the purpose of the inquiry.
4: In considering the suitability of any person for appointment as an assessor, the Chief Judge of the Maori Land Court shall have regard not only to that person's personal attributes but also to that person's knowledge of and experience in the different aspects of matters likely to be the subject matter of the inquiry.
5: The tribunal shall be deemed to be a Commission of Inquiry under the Commissions of Inquiry Act 1908 sections 10 to 12
6: The person who submitted the proposal to the chief executive, the Minister, any regional council or local authority whose region or district is affected by the proposal, and every body and person which or who made submissions on or objected to the proposal under section 180
7: A tribunal appointed under this section may, if the Chief Judge of the Maori Land Court so directs, conduct any 2 or more inquiries together notwithstanding that they relate to different areas or different parts of any area.
8: On completion of the inquiry, the tribunal shall, having regard to the provisions of section 176(2)
a: make a report and recommendations to the Minister on the objections and submissions made to it, which report and recommendations may include recommended amendments to the proposal; or
b: recommend to the Minister that no action be taken as a result of the objections and submissions made to it.
9: The Minister, after taking into account the report and recommendations of the tribunal and after having regard to the provisions of section 176(2)
a: may—
i: accept those recommendations; or
ii: decline to accept all or any of those recommendations; and
b: shall publish in the Gazette
i: the report and recommendations of the tribunal; and
ii: the decision of the Minister on the report and recommendations of the tribunal.
10: Subject to section 182 1983 No 14 s 54G 1989 No 159 s 74
182: Appeal on question of law
If any party to any proceedings under section 181 sections 299 308 Environment Court 1983 No 14 s 54H 1989 No 159 s 74 1991 No 169 s 362 Section 182 amended 2 September 1996 section 6(2)﻿(a) Resource Management Amendment Act 1996
183: Power of Minister to recommend declaration of taiapure-local fishery
If a proposal for the establishment of a taiapure-local fishery has been made under section 177 sections 180 to 182 section 176(1) 1983 No 14 s 54I 1989 No 159 s 74
184: Management of taiapure-local fishery
1: The Minister, after consultation with the Minister of Maori Affairs, shall appoint a committee of management for each taiapure-local fishery.
2: The committee of management may be any existing body corporate.
3: The committee of management shall be appointed on the nomination of persons who appear to the Minister to be representative of the local Maori community.
4: The committee of management shall hold office at the pleasure of the Minister. 1983 No 14 s 54J 1989 No 159 s 74
185: Power to recommend making of regulations
1: A committee of management appointed for a taiapure-local fishery may recommend to the Minister the making of regulations under section 186 section 297 section 298
2: Regulations made under any section referred to in subsection (1) (other than section 186 section 297 section 298
3: Except to the extent that any regulations made under any section referred to in subsection (1), and made pursuant to a recommendation under that subsection, override or are otherwise inconsistent with the provisions of any other regulations made under that section, those provisions shall apply in relation to every taiapure-local fishery.
4: Any provision of regulations made under any section referred to in subsection (1), and made pursuant to a recommendation under that subsection, that relates only to a taiapure-local fishery may be made only in accordance with subsection (1).
5: No regulations made under any section referred to in subsection (1), and made pursuant to a recommendation under that subsection, shall provide for any person—
a: to be refused access to, or the use of, any taiapure-local fishery; or
b: to be required to leave or cease to use any taiapure-local fishery,— because of the colour, race, or ethnic or national origins of that person or of any relative or associate of that person. 1983 No 14 s 54K 1989 No 159 s 74 Customary fishing
186: Regulations relating to customary fishing
1: The Governor-General may from time to time, by Order in Council, make regulations recognising and providing for customary food gathering by Maori and the special relationship between tangata whenua and places of importance for customary food gathering (including tauranga ika and mahinga mataitai), to the extent that such food gathering is neither commercial in any way nor for pecuniary gain or trade.
2: Without limiting the generality of subsection (1), regulations made under that subsection may—
a: declare the relationship between such regulations and general fishing regulations and regulations relating to taiapure-local fisheries; and declare that the first-mentioned regulations are to prevail over the other regulations:
b: empower the Minister to declare, by notice in the Gazette
c: provide for such matters as may be necessary or desirable to achieve the purpose of this Act in relation to mataitai reserves, including general restrictions and prohibitions in respect of the taking of fish, aquatic life, or seaweed:
d: empower any Maori Committee constituted by or under the Maori Community Development Act 1962
e: empower any such Maori Committee, marae committee, or kaitiaki to allow the taking of fish, aquatic life, or seaweed to continue for purposes which sustain the functions of the marae concerned, notwithstanding any such bylaws.
3: The following provisions apply in relation to bylaws made under regulations made under subsection (2)﻿(d):
a: every restriction and every prohibition imposed on individuals by such bylaws shall apply generally to all individuals:
b: the bylaws must be submitted to the Minister for approval:
c: publication of the bylaws in accordance with subsection (5)﻿(a)
4: Regulations under this section are secondary legislation ( see Part 3
5: If the regulations empower the making of bylaws (whether under subsection (2)﻿(d) or other legislation),—
a: the bylaws are secondary legislation ( see Part 3
b: the regulations must contain a statement to that effect.
6: The Legislation Act 2019
a: the Minister were the maker of the bylaws; and
b: the bylaws were made by the Minister approving them. 1983 No 14 s 89(1)﻿(mb), (1C), (3)﻿(b), (3A), (3B) 1992 No 121 s 34 The following table is small in size and has 3 columns that are grouped under the heading Legislation Act 2019 requirements for secondary legislation referred to in subsection (4). Legislation Act 2019 requirements for secondary legislation referred to in subsection (4) Publication PCO must publish it on the legislation website and notify it in the Gazette LA19 s 69(1)﻿(c) Presentation The Minister must present it to the House of Representatives LA19 s 114 cl 32(1)﻿(a) Disallowance It may be disallowed by the House of Representatives LA19 ss 115 116 This note is not part of the Act. The following table is small in size and has 3 columns that are grouped under the heading Legislation Act 2019 requirements for secondary legislation referred to in subsection (5)﻿(a). Legislation Act 2019 requirements for secondary legislation referred to in subsection (5)﻿(a) Publication See the relevant publication, presentation, and disallowance table in the secondary legislation referred to in subsection (4) LA19 ss 73 74 114 115 cl 14 32 Sch 3 Presentation Disallowance This note is not part of the Act. Section 186(2)﻿(a) substituted 23 June 1998 section 16 Fisheries (Remedial Issues) Amendment Act 1998 Section 186(3)﻿(b) replaced 28 October 2021 section 3 Secondary Legislation Act 2021 Section 186(3)﻿(c) amended 28 October 2021 section 3 Secondary Legislation Act 2021 Section 186(4) inserted 28 October 2021 section 3 Secondary Legislation Act 2021 Section 186(5) inserted 28 October 2021 section 3 Secondary Legislation Act 2021 Section 186(6) inserted 28 October 2021 section 3 Secondary Legislation Act 2021
186A: Temporary closure of fishing area or restriction on fishing methods
1: The Minister may from time to time, by notice
a: temporarily close any area of New Zealand fisheries waters (other than South Island fisheries waters as defined in section 186B(9)
b: temporarily restrict or prohibit the use of any fishing method in respect of any area of New Zealand fisheries waters (other than South Island fisheries waters as defined in section 186B(9)
2: The Minister may impose such a closure, restriction, or prohibition only if he or she is satisfied that it will recognise and make provision for the use and management practices of tangata whenua in the exercise of non-commercial fishing rights by—
a: improving the availability or size (or both) of a species of fish, aquatic life, or seaweed in the area subject to the closure, restriction, or prohibition; or
b: recognising a customary fishing practice in that area.
3: Before imposing a fishing method restriction or prohibition under subsection (1)﻿(b), the Minister must be satisfied that the method is having an adverse effect on the use and management practices of tangata whenua in the exercise of non-commercial fishing rights.
4:
5: A notice given under subsection (1)—
a: may be in force for a period of not more than 2 years and, unless sooner revoked, is revoked at the end of that 2-year period:
b: subject to paragraph (a), may be expressed to be in force for any particular year or period, or for any particular date or dates, or for any particular month or months of the year, week or weeks of the month, or day or days of the week.
6: Nothing in subsection (5)﻿(a) prevents a further notice being given under subsection (1) in respect of any species and area before or on or about the expiry of an existing notice that relates to that species and area.
7: Before giving a notice under subsection (1), the Minister must—
a: consult such persons as the Minister considers are representative of persons having an interest in the species concerned or in the effects of fishing in the area concerned, including tangata whenua, environmental, commercial, recreational, and local community interests; and
b: provide for the input and participation in the decision-making process of tangata whenua with a non-commercial interest in the species or the effects of fishing in the area concerned, having particular regard to kaitiakitanga.
8: A person commits an offence who, in contravention of a notice given under subsection (1),—
a: takes any fish, aquatic life, or seaweed from a closed area; or
b: takes any fish, aquatic life, or seaweed using a prohibited fishing method.
9: A person who commits an offence against subsection (8)—
a: is liable to the penalty specified in section 252(6)
i: the person is an individual other than a commercial fisher; and
ii: the person satisfies the court that the fish, aquatic life, or seaweed was taken otherwise than for the purpose of sale:
b: is liable to the penalty specified in section 252(5)
10: A notice under this section is secondary legislation ( see Part 3 2020-06-29 Fisheries (Marsden Bank and Mair Bank Temporary Closure) Notice 2018 Under section 186A(5)﻿(a) of the Fisheries Act 1996, this notice is revoked 2 years after it comes into force [29 June 2018] (unless sooner revoked). 2020-12-19 Fisheries (Umupuia Beach Temporary Closure) Notice 2018 Under section 186A(5)﻿(a) of the Fisheries Act 1996, this notice is revoked 2 years after it comes into force [19 December 2018] (unless sooner revoked). The following table is small in size and has 3 columns that are grouped under the heading Legislation Act 2019 requirements for secondary legislation made under this section. Legislation Act 2019 requirements for secondary legislation made under this section Publication The maker must: LA19 ss 73 74(1)﻿(a) cl 14 •	publish it in the Gazette •	publicly notify it (see definition in section 2 The Ministry of Foreign Affairs and Trade considers that the secondary legislation may have international transparency obligations under the CPTPP s 75 LA19 ss 74(2) 75 Presentation The Minister must present it to the House of Representatives LA19 s 114 cl 32(1)﻿(a) Disallowance It may be disallowed by the House of Representatives LA19 ss 115 116 This note is not part of the Act. Section 186A inserted 23 June 1998 section 17 Fisheries (Remedial Issues) Amendment Act 1998 Section 186A(1) amended 28 October 2021 section 3 Secondary Legislation Act 2021 Section 186A(1)﻿(a) amended 1 October 1998 section 310 Ngāi Tahu Claims Settlement Act 1998 Section 186A(1)﻿(b) amended 1 October 1998 section 310 Ngāi Tahu Claims Settlement Act 1998 Section 186A(4) repealed 28 October 2021 regulation 23 Legislation Act (Amendments to Legislation) Regulations 2021 Section 186A(5)﻿(a) replaced 17 December 2016 section 47 Statutes Amendment Act 2016 Section 186A(10) inserted 28 October 2021 section 3 Secondary Legislation Act 2021
186B: Temporary closure of fisheries
1: The chief executive may from time to time, by notice
a: temporarily close any area of South Island fisheries waters in respect of any species of fish, aquatic life, or seaweed; or
b: temporarily restrict or prohibit the use of any fishing method in respect of any area of South Island fisheries waters and any species of fish, aquatic life, or seaweed.
2: The chief executive may impose such a closure, restriction, or prohibition only if the chief executive considers that—
a: it is likely to assist in replenishing the stock of the species of fish, aquatic life, or seaweed in the area concerned; or
b: it is likely to assist in recognising and making provision for the use and management practices of tāngata whenua in the exercise of non-commercial fishing rights.
3:
4: A notice given under subsection (1)—
a: may be in force for a period of not more than 2 years and, unless sooner revoked, is revoked at the end of that 2-year period:
b: subject to paragraph (a), may be expressed to be in force for any particular year or period, or for any particular date or dates, or for any particular month or months of the year, week or weeks of the month, or day or days of the week.
5: Nothing in subsection (4)﻿(a) prevents a further notice being given under subsection (1) in respect of any stock and area before or on or about the expiry of an existing notice that relates to that stock and area.
6: Before giving a notice under subsection (1), the chief executive must—
a: consult such persons as the chief executive considers are representative of persons having an interest in the stock concerned or in the effects of fishing in the area concerned, including tāngata whenua, environmental, commercial, recreational, and local community interests; and
b: provide for the participation in the decision-making process of tāngata whenua with a non-commercial interest in the stock or the effects of fishing in the area concerned, having regard to kaitiakitanga.
7: Every person commits an offence who, in contravention of a notice given under subsection (1),—
a: takes any fish, aquatic life, or seaweed from a closed area; or
b: takes any fish, aquatic life, or seaweed using a prohibited fishing method.
8: A person who commits an offence against subsection (7) is liable,—
a: in the case of a commercial fisher, to the penalty specified in section 252(5)
b: Iin any other case, to the penalty specified in section 252(6)
9: In this section, the term South Island fisheries waters Ngāi Tahu Claims Settlement Act 1998
10: A notice under this section is secondary legislation ( see Part 3 The following table is small in size and has 3 columns that are grouped under the heading Legislation Act 2019 requirements for secondary legislation made under this section. Legislation Act 2019 requirements for secondary legislation made under this section Publication The maker must: LA19 ss 73 74(1)﻿(a) cl 14 •	publish it in the Gazette •	publicly notify it (see definition in section 2 The Ministry of Foreign Affairs and Trade considers that the secondary legislation may have international transparency obligations under the CPTPP s 75 LA19 ss 74(2) 75 Presentation The Minister must present it to the House of Representatives LA19 s 114 cl 32(1)﻿(a) Disallowance It may be disallowed by the House of Representatives LA19 ss 115 116 This note is not part of the Act. Section 186B inserted 1 October 1998 section 311 Ngāi Tahu Claims Settlement Act 1998 Section 186B(1) amended 28 October 2021 section 3 Secondary Legislation Act 2021 Section 186B(3) repealed 28 October 2021 regulation 24 Legislation Act (Amendments to Legislation) Regulations 2021 Section 186B(4)﻿(a) replaced 17 December 2016 section 48 Statutes Amendment Act 2016 Section 186B(10) inserted 28 October 2021 section 3 Secondary Legislation Act 2021
9A: Aquaculture
Part 9A inserted 1 January 2005 section 8 Fisheries Amendment Act (No 3) 2004
186C: Interpretation
In this Part,— adverse effect application for a coastal permit
a: means an application for a coastal permit under section 88
b: includes—
i: an application for a change or cancellation of condition of a coastal permit under section 127
ii: a notice of intention to review conditions under section 128 aquaculture decision coastal permit Resource Management Act 1991 determination regional council Resource Management Act 1991 reservation Section 186C inserted 1 January 2005 section 8 Fisheries Amendment Act (No 3) 2004 Section 186C application for a coastal permit inserted 1 October 2011 section 7(2) Fisheries Amendment Act 2011 Section 186C coastal permit inserted 1 October 2011 section 7(2) Fisheries Amendment Act 2011 Section 186C determination substituted 1 October 2011 section 7(2) Fisheries Amendment Act 2011 Section 186C regional council inserted 1 October 2011 section 7(2) Fisheries Amendment Act 2011 Section 186C reservation substituted 1 October 2011 section 7(2) Fisheries Amendment Act 2011
1: Aquaculture decisions in relation to
coastal permits Subpart 1 inserted 1 January 2005 section 8 Fisheries Amendment Act (No 3) 2004 Subpart 1 heading amended 1 October 2011 section 6 Fisheries Amendment Act 2011
186D: Chief executive may seek information or consult certain persons for purposes of making aquaculture decision
1: After receiving a copy of an application for a coastal permit forwarded by a regional council to the chief executive under section 107F
a: the applicant for or the holder of the coastal permit:
b: any fisher whose interests may be affected:
c: persons and organisations that the chief executive considers represent the classes of persons who have customary, commercial, or recreational fishing interests that may be affected by the granting of the coastal permit or change to, or cancellation of, the conditions of the coastal permit.
2: For the purposes of subsection (1), the chief executive—
a: may set a date by which information must be provided and may grant 1 or more extensions of that date if he or she considers it necessary to do so; and
b: is not required to consider or take into account any information received after that date or extended date (as the case may be).
3: Before making an aquaculture decision under section 186E subsection (1)
4: For the purposes of subsection (3), the chief executive—
a: may set a date by which the consultation is to be completed and may grant 1 or more extensions of that date if he or she considers it necessary to do so; and
b: is not required to consider or take into account any submissions made for the purposes of the consultation received after that date or extended date (as the case may be). Section 186D substituted 1 October 2011 section 8 Fisheries Amendment Act 2011
186E: Chief executive to make aquaculture decision
1: Within 20 working days after receiving a request for an aquaculture decision from a regional council under section 114
a: make a determination; or
b: make a reservation; or
c: make 1 or more determinations or reservations or both in relation to different parts of the area to which the request relates.
2: One or both of the following periods are excluded from the period of 20 working days specified in subsection (1) to the extent that the periods could otherwise fall within the period of 20 working days:
a: a period during which the chief executive is undertaking consultation under section 186D(3)
b: a period during which the chief executive is, in compliance with section 186F(1)
3: In making an aquaculture decision, the chief executive must have regard to—
a: information held by the Ministry of Fisheries; and
b: information supplied, or submissions made, to the chief executive under section 186D(1) or (3)
c: information that is forwarded by the regional council; and
d: any other information that the chief executive has requested and obtained.
4: For the purposes of this section, the chief executive is not required to consider or take into account any information received after receiving the request for an aquaculture decision.
5: Subsection (4) applies subject to section 186D(2) and (4) Section 186E substituted 1 October 2011 section 8 Fisheries Amendment Act 2011
186F: Order in which requests for aquaculture decisions to be processed
1: The chief executive must make aquaculture decisions in the same order in which the requests for the decisions are received.
2: For the purposes of subsection (1)
3: If 2 or more requests for aquaculture decisions are received at the same time from the same regional council, the chief executive must make aquaculture decisions in the order specified by the regional council under section 114(5)
4: For the purposes of subsections (1) to (3), the chief executive's aquaculture decision is not to be treated as made until any judicial review of the decision is finally disposed of.
5: The chief executive may make aquaculture decisions in a different order from that required by subsections (1) to (3), but the chief executive may do so only if satisfied that in making an aquaculture decision out of order it will not have an adverse effect on any other aquaculture decision that the chief executive has been requested to make. Section 186F substituted 1 October 2011 section 8 Fisheries Amendment Act 2011
186G: Provision of fisheries information relating to stock
For the purposes of this subpart and subpart 4, the chief executive may, by notice in the Gazette Section 186G substituted 1 October 2011 section 8 Fisheries Amendment Act 2011
186GA: Aquaculture decisions must not be made in relation to certain areas
The chief executive must not make an aquaculture decision in relation to—
a: an area—
i: that is or was subject to a lease, licence, marine farming permit, or spat catching permit that was deemed under section 10 20 21 Resource Management Act 1991
ii: where, since the date on which the lease, licence, marine farming permit, or spat catching permit was deemed to be a coastal permit, aquaculture activities have been continuously authorised under that permit or another permit granted under the Resource Management Act 1991
b: an area that is or was subject to the coastal permit referred to in section 20A Resource Management Act 1991
c: an area that is in a gazetted aquaculture area within the meaning of section 35
d: an area that is subject to a coastal permit to which section 114(6) Section 186GA inserted 1 October 2011 section 8 Fisheries Amendment Act 2011
186GB: Matters to be considered before aquaculture decision made
1: In making an aquaculture decision, the chief executive must have regard only to the following matters:
a: the location of the area that the coastal permit relates to in relation to areas in which fishing is carried out:
b: the likely effect of the aquaculture activities in the area that the coastal permit relates to on fishing of any fishery, including the proportion of any fishery likely to become affected:
c: the degree to which the aquaculture activities in the area that the coastal permit relates to will lead to the exclusion of fishing:
d: the extent to which fishing for a species in the area that the coastal permit relates to can be carried out in other areas:
e: the extent to which the occupation of the coastal marine area authorised by the coastal permit will increase the cost of fishing:
f: the cumulative effect on fishing of any authorised aquaculture activities, including any structures authorised before the introduction of any relevant stock to the quota management system.
2: If a pre-request aquaculture agreement has been registered under section 186ZH Section 186GB inserted 1 October 2011 section 8 Fisheries Amendment Act 2011
186H: Requirements for aquaculture decision
1: An aquaculture decision must—
a: be in writing; and
b: define the areas that are subject to the decision; and
c: provide reasons for the decision; and
d: be notified to—
i: the regional council that requested the decision; and
ii: the holder of the coastal permit that the decision relates to; and
iii: the persons and organisations who supplied information to the chief executive under section 186D(1)
iv: the persons and organisations consulted by the chief executive under section 186D(3)
2: The fact that an aquaculture decision has been made and where a copy can be obtained must be—
a: notified in the Gazette
b: made accessible via the Internet.
3: If the chief executive makes a determination, the determination may—
a: specify any condition of the coastal permit that is material to the decision and that relates to the character, intensity, or scale of the aquaculture activities; and
b: state that the condition may not be changed or cancelled until the chief executive makes a further aquaculture decision in relation to the area affected by the change or cancellation.
4: If the chief executive makes a reservation, the reservation must also include—
a: whether the reservation relates to customary, recreational, or commercial fishing, or a combination of them; and
b: if the reservation relates to commercial fishing, the stocks and areas concerned, specifying any stocks subject to the quota management system and any other stock not subject to the quota management system; and
c: any other matters required by regulations to be included.
5: The chief executive must include, in the notification under subsection (1)﻿(d),—
a: the information specified in subsections (1)﻿(b) and (c), (3), and (4), as appropriate; and
b: information about where a copy of the determination or reservation can be obtained. Section 186H substituted 1 October 2011 section 9 Fisheries Amendment Act 2011
186I: Appeal against aquaculture decision
Section 186I repealed 1 October 2011 section 10 Fisheries Amendment Act 2011
186J: Judicial review of aquaculture decision
1: Any person wishing to seek, under the Judicial Review Procedure Act 2016 30 working days after the notification of the decision under section 186H(2)﻿(a)
2: The chief executive must notify the relevant regional council of—
a: any proceedings brought to seek judicial review of an aquaculture decision; and
b: the result of those proceedings, including any appeals. Section 186J inserted 1 January 2005 section 8 Fisheries Amendment Act (No 3) 2004 Section 186J(1) amended 1 March 2017 section 24 Judicial Review Procedure Act 2016 Section 186J(1) amended 1 October 2011 section 11(1) Fisheries Amendment Act 2011 Section 186J(2) added 1 October 2011 section 11(2) Fisheries Amendment Act 2011
2: Fish farmers
Subpart 2 inserted 1 January 2005 section 8 Fisheries Amendment Act (No 3) 2004
186K: Fish Farmer Register
1: The chief executive must keep a Fish Farmer Register.
2: The register may be kept in the form of information stored by means of a computer.
3: The register may be kept in conjunction with any other register required to be kept under this Act.
4: The Crown owns all the information in the register that is required by this Act to be contained in the register.
5: The chief executive must, by notice in the Gazette
6: Without limiting section 297 Section 186K inserted 1 January 2005 section 8 Fisheries Amendment Act (No 3) 2004
186L: Information to be shown in Fish Farmer Register
The Fish Farmer Register must contain the information required by regulations made under section 297 Section 186L inserted 1 January 2005 section 8 Fisheries Amendment Act (No 3) 2004
186M: Access to Fish Farmer Register
1:
2: The Fish Farmer Register must be open for inspection by members of the public on payment of the prescribed fee (if any) during the hours stated by notice in the Gazette section 186K(5)
3: The Crown is not liable in damages for any loss or damage resulting from—
a: any error in or omission from the Fish Farmer Register; or
b: any inaccuracy in a search of the Fish Farmer Register.
4: The chief executive must, on request and payment of a reasonable charge fixed by the chief executive, supply to any person copies of all or any part of the Fish Farmer Register.
5: If the chief executive is satisfied, on the application of any person, that the disclosure of the person's address (as entered in the register) would be prejudicial to the personal safety of the person or his or her family, the chief executive may direct that the information must not be made available for inspection or otherwise disclosed. Section 186M inserted 1 January 2005 section 8 Fisheries Amendment Act (No 3) 2004 Section 186M(1) repealed 1 December 2020 section 217 Privacy Act 2020
186N: Fish farmer must advise chief executive of certain changes
1: A fish farmer must apply to the chief executive under section 186W
2: To avoid doubt, subsection (1) applies to a change to a resource consent or certificate of compliance under the Resource Management Act 1991
3: Every fish farmer who contravenes subsection (1) commits an offence and is liable to the penalty set out in section 252(6) Section 186N inserted 1 January 2005 section 8 Fisheries Amendment Act (No 3) 2004
186O: Limitations on holding and dealing with fish farmer registration
A fish farmer may not transfer, lease, or assign his or her registration as a fish farmer. Section 186O inserted 1 January 2005 section 8 Fisheries Amendment Act (No 3) 2004
186P: Restriction on fish farming
1: A person must not undertake fish farming except in accordance with—
a: the person's registration as a fish farmer; or
b: an exemption granted by the chief executive under section 186Q
2: Every person who contravenes subsection (1) commits an offence and is liable to the penalty set out in section 252(5) Section 186P inserted 1 January 2005 section 8 Fisheries Amendment Act (No 3) 2004
186Q: Exemptions
1: The chief executive may grant an exemption for the purposes of section 186P(1)﻿(b)
a: for an exemption granted only to 1 or more named persons, by notice in the Gazette
b: for any other exemption, by notice published in accordance with subsection (9).
2: In deciding whether to grant an exemption, the chief executive must have regard to—
a: the scale of the fish farmer's proposed fish farming operations, including the number of sites and the quantity of fish, aquatic life, or seaweed involved; and
b: the species of the fish, aquatic life, or seaweed proposed to be farmed; and
c: the use to which the farmed fish, aquatic life, or seaweed is to be put; and
d: any other fishing related operations carried out or proposed to be carried out by the fish farmer; and
e: any other matter that the chief executive considers relevant.
3: An exemption may be granted on such terms and conditions as the chief executive thinks fit.
4: An exemption may be granted—
a: to 1 or more persons or classes of persons; and
b: for fish farming generally or 1 or more different types of fish farming.
5: However, the chief executive may grant an exemption to a specified fish farmer only if the fish farmer has—
a: applied to the chief executive on the approved form for the exemption; and
b: paid to the chief executive the prescribed fee (if any).
6: The chief executive may amend, add, or revoke any term or condition in the exemption, or revoke the exemption, as follows:
a: for an exemption granted only to 1 or more named persons, by notice in the Gazette
b: for any other exemption, by notice published in accordance with subsection (9).
7: The chief executive must not do anything under subsection (6) unless the chief executive has provided the holders of the exemption with a reasonable opportunity to make submissions on the matter.
8: Anything done under subsection (6) takes effect on and from the date specified for that purpose in the notice.
9: A notice under subsection (1)﻿(b) or (6)﻿(b) is secondary legislation ( see Part 3 The following table is small in size and has 3 columns that are grouped under the heading Legislation Act 2019 requirements for secondary legislation made under this section. Legislation Act 2019 requirements for secondary legislation made under this section Publication The maker must publish it in the Gazette LA19 ss 73 74(1)﻿(a) cl 14 Presentation The Minister must present it to the House of Representatives LA19 s 114 cl 32(1)﻿(a) Disallowance It may be disallowed by the House of Representatives LA19 ss 115 116 This note is not part of the Act. Section 186Q inserted 1 January 2005 section 8 Fisheries Amendment Act (No 3) 2004 Section 186Q(1) replaced 28 October 2021 section 3 Secondary Legislation Act 2021 Section 186Q(6) replaced 28 October 2021 section 3 Secondary Legislation Act 2021 Section 186Q(9) inserted 28 October 2021 section 3 Secondary Legislation Act 2021
186R: Applications to register as fish farmer
1: A person wishing to register as a fish farmer must apply to the chief executive on the approved form and pay the prescribed fee.
2: The application must be accompanied by a copy of the appropriate resource consent or certificate of compliance under the Resource Management Act 1991
3: The chief executive may—
a: request an applicant to provide further information to enable the chief executive to make a decision on the application; and
b: defer making a decision on the application until the further information is provided. Section 186R inserted 1 January 2005 section 8 Fisheries Amendment Act (No 3) 2004
186S: Decision on application
1: The chief executive must grant or decline an application to register a fish farmer.
2: The chief executive must decline an application if—
a: the chief executive is not satisfied that—
i: the applicant has a resource consent or certificate of compliance under the Resource Management Act 1991
ii: the applicant has the consent of a person who has a resource consent or certificate of compliance under the Resource Management Act 1991 to use the space concerned for aquaculture activities; or
b: the applicant does have a resource consent or certificate of compliance under the Resource Management Act 1991, but the species of fish authorised to be farmed under the consent or certificate is different from the species of fish that the application relates to; or
c: the applicant proposes to farm a species and the farming of the species would contravene another enactment.
3: The chief executive may decline an application if the applicant has been convicted within the 5 years immediately preceding the application of an offence involving fish, aquatic life, or seaweed.
4: The chief executive may grant an application from an applicant specified in subsection (3), but only if the registration of the fish farmer is made subject to conditions that the chief executive considers necessary or desirable to ensure that the requirements of this Act are complied with.
5: Without limiting the conditions that may be imposed under subsection (4), the chief executive may impose conditions relating to 1 or more of the following:
a: the species of fish, aquatic life, or seaweed that may be farmed:
b: the processes and systems (including recordkeeping, reporting, storage, and labelling) that the applicant must use in operating the fish farm:
c: the involvement in the operations of the fish farm of any person convicted of a fisheries offence. Section 186S inserted 1 January 2005 section 8 Fisheries Amendment Act (No 3) 2004
186T: Section 186S subject to sections 30 and 31 of Aquaculture Reform (Repeals and Transitional Provisions) Act 2004
Section 186S sections 30 31 Section 186T inserted 1 January 2005 section 8 Fisheries Amendment Act (No 3) 2004
186U: Effect of registration
While a fish farmer's registration is current, the fish farmer and any employee or agent of the fish farmer may do any of the following things to the extent authorised by, and in accordance with terms and conditions of, the registration:
a: take farmed fish from a site specified in the registration; and
b: possess, sell, or otherwise dispose of farmed fish. Section 186U inserted 1 January 2005 section 8 Fisheries Amendment Act (No 3) 2004
186V: Registration of fish farmer
If the chief executive grants an application to register a fish farmer, the chief executive must—
a: enter in the Fish Farmer Register—
i: the date on which the application was granted; and
ii: the name of the fish farmer; and
iii: the location and boundaries of the fish farm in relation to which the fish farmer is registered; and
iv: the species of fish, aquatic life, or seaweed that may be farmed at the fish farm; and
v: any other information specified in regulations under this Act; and
b: issue a notice of registration to the fish farmer setting out—
i: the details entered in the register in relation to the fish farmer; and
ii: any conditions imposed under section 186S Section 186V inserted 1 January 2005 section 8 Fisheries Amendment Act (No 3) 2004
186W: Variation of registration
1: The chief executive may, on his or her own initiative or on the application of a fish farmer, vary the registration of the fish farmer to ensure that the information in the Fish Farmer Register is correct and complete.
2: If the chief executive proposes to vary the registration of a fish farmer on his or her own initiative, the chief executive must, before doing so,—
a: give the fish farmer concerned notice in writing of the proposed variation; and
b: give the fish farmer a reasonable opportunity to make submissions to the chief executive about the proposed variation; and
c: consider any submissions made by the fish farmer.
3: If the chief executive varies the Fish Farmer Register, the chief executive must record in the register the date on which the variation is made and the date on which the variation takes effect.
4: After varying the Fish Farmer Register, the chief executive must give the fish farmer a notice in writing of the variation and of the date on which the variation takes effect.
5: The chief executive must not vary the registration of a fish farmer if the proposed variation were treated as an application to register as a fish farmer and the chief executive would have had to decline the application under section 186S(2) Section 186W inserted 1 January 2005 section 8 Fisheries Amendment Act (No 3) 2004
186X: Appeal against suspension of fish farmer registration
The District Court section 269 Section 186X inserted 1 January 2005 section 8 Fisheries Amendment Act (No 3) 2004 Section 186X amended 1 March 2017 section 261 District Court Act 2016
186Y: Revocation of registration
1: The chief executive must revoke the registration of a fish farmer if—
a: the fish farmer concerned requests the chief executive to do so; or
b: the chief executive is satisfied that the fish farmer has ceased to be entitled to be registered.
2: The chief executive must not revoke the registration of a fish farmer under subsection (1)﻿(b) unless the chief executive has—
a: given the fish farmer concerned notice in writing of the proposed revocation and the grounds on which it is based; and
b: given the fish farmer a reasonable opportunity to make submissions to the chief executive.
3: If the chief executive revokes the registration of a fish farmer under this section, the chief executive must give the fish farmer a notice in writing of the revocation and the date on which the revocation takes effect.
4: This section does not require the chief executive to remit or refund any fees, charges, or levies paid or payable by the fish farmer for the period from the date of registration to the date of revocation. Section 186Y inserted 1 January 2005 section 8 Fisheries Amendment Act (No 3) 2004
186Z: Appeal against revocation of fish farmer registration
1: A fish farmer whose registration is revoked under section 186Y the District Court
2: The District Court may—
a: confirm the revocation; or
b: revoke the revocation.
3: After the appeal is filed and pending its decision on the appeal, the District Court may make an order suspending the revocation subject to any terms and conditions it considers appropriate. Section 186Z inserted 1 January 2005 section 8 Fisheries Amendment Act (No 3) 2004 Section 186Z(1) amended 1 March 2017 section 261 District Court Act 2016
186ZA: Subpart does not affect Freshwater Fish Farming Regulations 1983
This subpart does not—
a: affect the application of the Freshwater Fish Farming Regulations 1983
b: require a person undertaking fish farming under a licence granted under those regulations to register as a fish farmer under this subpart. Section 186ZA inserted 1 January 2005 section 8 Fisheries Amendment Act (No 3) 2004
186ZB: Subpart does not apply to fish farming under protected customary rights order or agreement
This subpart does not apply to fish farming undertaken in accordance with a protected customary rights order or an agreement. Section 186ZB substituted 1 April 2011 section 128 Marine and Coastal Area (Takutai Moana) Act 2011
3: Spat catching
Subpart 3 inserted 1 January 2005 section 8 Fisheries Amendment Act (No 3) 2004 Harvestable spat Heading inserted 1 January 2005 section 8 Fisheries Amendment Act (No 3) 2004
186ZC: Alteration of Schedule 8A
1: The Governor-General may, by Order in Council made on the recommendation of the Minister, alter Schedule 8A
2: An Order in Council made under subsection (1) that declares any species of fish, aquatic life, or seaweed to be harvestable spat may do so with reference to—
a: its size, biological characteristics, season, or location; and
b: any other relevant matters.
3: The Minister may make a recommendation under subsection (1) to include a species of fish, aquatic life, or seaweed in Schedule 8A
4: Before making a recommendation under subsection (1) to include a species of fish, aquatic life, or seaweed in Schedule 8A
5: An order under this section is secondary legislation ( see Part 3 The following table is small in size and has 3 columns that are grouped under the heading Legislation Act 2019 requirements for secondary legislation made under this section. Legislation Act 2019 requirements for secondary legislation made under this section Publication PCO must publish it on the legislation website and notify it in the Gazette LA19 s 69(1)﻿(c) Presentation The Minister must present it to the House of Representatives LA19 s 114 cl 32(1)﻿(a) Disallowance It may be disallowed by the House of Representatives LA19 ss 115 116 This note is not part of the Act. Section 186ZC inserted 1 January 2005 section 8 Fisheries Amendment Act (No 3) 2004 Section 186ZC(5) inserted 28 October 2021 section 3 Secondary Legislation Act 2021
4: Aquaculture agreements
and compensation declarations Subpart 4 inserted 1 January 2005 section 8 Fisheries Amendment Act (No 3) 2004 Subpart 4 heading amended 1 October 2011 section 12 Fisheries Amendment Act 2011
186ZD: Interpretation
In this subpart, unless the context otherwise requires,— aquaculture agreement section 186ZF compensation declaration sections 186ZN 186ZQ pre-request aquaculture agreement section 186ZM Section 186ZD substituted 1 October 2011 section 13 Fisheries Amendment Act 2011
186ZE: Registers of aquaculture agreements, pre-request aquaculture agreements, and compensation declarations
1: The chief executive must keep—
a: a register of aquaculture agreements; and
b: a register of pre-request aquaculture agreements; and
c: a register of compensation declarations.
2: Sections 186K(2) to (6) 186L 186M Section 186ZE substituted 1 October 2011 section 14 Fisheries Amendment Act 2011
186ZF: Quota owners whose consent is necessary for aquaculture agreement
1: An aquaculture agreement lodged with the chief executive for registration must—
a: contain the consents required under subsection (2) to the aquaculture activities being undertaken in the area concerned; and
b: be accompanied by information showing that each registered quota owner has had a reasonable opportunity to consider whether to consent.
2: The consents required are, for each stock specified in a reservation in relation to commercial fishing for stocks subject to the quota management system,—
a: the consents of the registered quota owners of the stock holding not less than 75% of the quota shares for the stock; and
b: to the extent that the consents referred to in paragraph (a) are given by persons holding 75% or more but less than 100% of the quota shares for the stock, the consent of the High Court in relation to the persons who did not consent.
3: After an aquaculture agreement is registered, no person whose consent is contained in the agreement may revoke the consent, but the consent and the aquaculture agreement itself come to an end when the coastal permit to which they relate comes to an end, unless the coastal permit is replaced by a new permit in accordance with section 165ZH
4: For the purposes of this section, subsection (2) applies to the persons specified in that subsection as at 5 pm on the date on which the chief executive gives notice of a reservation under section 186H(2)﻿(a) Section 186ZF substituted 1 October 2011 section 15 Fisheries Amendment Act 2011
186ZG: High Court may consent to aquaculture agreement on behalf of non-consenting persons
1: A person wishing to lodge an aquaculture agreement with the chief executive may, for the purposes of section 186ZF(2)
2: The High Court must not give its consent unless it is satisfied that the applicant has offered sufficient compensation to each person who has not consented to the lodging of the aquaculture agreement,—
a: in the case of persons holding quota shares, for the effect on their rights, as holders of the quota shares, of the proposed aquaculture activity:
b:
3: If the High Court gives its consent under subsection (2), the High Court may (with the agreement of the applicant) make such ancillary orders or give such directions as it thinks fit relating to the payment of compensation.
4: However, to avoid doubt, any order for the purposes of subsections (2) and (3) may not—
a: require the payment of compensation that exceeds the compensation offered by the applicant; or
b: require the applicant to lodge an aquaculture agreement; or
c: require the applicant to continue with proceedings to obtain the consent of the High Court.
5: A person who makes an application to the High Court under subsection (1) must, as soon as practicable after making the application, give a copy of the application to the chief executive. Section 186ZG inserted 1 January 2005 section 8 Fisheries Amendment Act (No 3) 2004 Section 186ZG(1) amended 1 October 2011 section 16(1) Fisheries Amendment Act 2011 Section 186ZG(2) repealed 1 October 2011 section 16(2) Fisheries Amendment Act 2011
186ZH: Lodging aquaculture agreements with chief executive for registration
1: If an aquaculture agreement lodged with the chief executive for registration does not comply with this subpart, the chief executive must—
a: return the agreement to the person who lodged it or another person whom the chief executive considers is entitled to receive it; and
b: provide reasons to the person to whom the agreement is returned as to why the agreement has not been registered.
2: If an aquaculture agreement lodged with the chief executive for registration complies with this subpart, the chief executive must—
a: register the agreement in the register of aquaculture agreements kept by the chief executive; and
b: notify the person who lodged it, or another person whom the chief executive considers is entitled to receive notification, that the agreement has been registered.
3: In deciding whether to register an aquaculture agreement, the chief executive—
a: is entitled to rely on the information in the agreement as sufficient evidence that a quota owner section 186ZF
b: is not required to verify the identity of a quota owner Section 186ZH inserted 1 January 2005 section 8 Fisheries Amendment Act (No 3) 2004 Section 186ZH(3)﻿(a) amended 1 October 2011 section 17 Fisheries Amendment Act 2011 Section 186ZH(3)﻿(b) amended 1 October 2011 section 17 Fisheries Amendment Act 2011
186ZHA: Lodging compensation declarations with chief executive for registration
1: If a compensation declaration lodged with the chief executive for registration does not comply with this subpart, the chief executive must—
a: return the declaration to the person who lodged it or another person whom the chief executive considers is entitled to receive it; and
b: provide reasons to the person to whom the declaration is returned as to why the declaration has not been registered.
2: If a compensation declaration lodged with the chief executive for registration complies with this subpart, the chief executive must—
a: register the declaration in the register of compensation declarations kept by the chief executive; and
b: notify the person who lodged it, or another person whom the chief executive considers is entitled to receive notification, that the declaration has been registered.
3: In deciding whether to register a compensation declaration, the chief executive is entitled to rely on the information in the declaration as sufficient evidence that compensation has been provided to quota owners in accordance with sections 186ZN 186ZQ Section 186ZHA inserted 1 October 2011 section 18 Fisheries Amendment Act 2011
186ZI: Period within which aquaculture agreements must be lodged for registration
1: An aquaculture agreement must be lodged with the chief executive for registration—
a: on the approved form and be accompanied by the prescribed fee; and
b: within 6 months after the notification of the reservation under section 186H(2)﻿(a)
2: However, the chief executive may give a person a further 3 months to lodge an aquaculture agreement if the chief executive is satisfied that—
a: the person has taken reasonable steps to obtain the consents
b: the person requires further time to obtain all the consents.
3: An extension of time may be granted under subsection (2) only—
a: once to a person in respect of aquaculture activities in the same area; and
b: if the person concerned applies in writing to the chief executive not later than 1 month before the expiry of the 6-month period specified in subsection (1)﻿(b).
4: The period of 6 months referred to in subsection (1)﻿(b) does not include—
a: any extension of the time granted under subsection (2); and
b: the period beginning with the day on which an application to the High Court is made under section 186ZG(1) ; and
c: the period beginning with the day on which proceedings are brought seeking judicial review of the chief executive's aquaculture decision and ending on the day on which the proceedings are finally disposed of.
5: Section 186ZI(1)﻿(a) amended 1 October 2011 section 19(1) Fisheries Amendment Act 2011 Section 186ZI(1)﻿(b) substituted 1 October 2011 section 19(2) Fisheries Amendment Act 2011 Section 186ZI(2)﻿(a) amended 1 October 2011 section 19(3) Fisheries Amendment Act 2011 Section 186ZI(4)﻿(c) added 1 October 2011 section 19(4) Fisheries Amendment Act 2011 Section 186ZI(5) repealed 1 October 2011 section 19(5) Fisheries Amendment Act 2011
186ZIA: Period within which compensation declaration must be lodged for registration
1: A compensation declaration must be lodged with the chief executive for registration—
a: on the approved form and be accompanied by the prescribed fees; and
b: within 6 months after the date of the notification of the reservation under section 186H(2)﻿(a)
2: However, the chief executive may give a person a further 3 months to lodge a compensation declaration if the chief executive is satisfied that—
a: the person has taken reasonable steps to provide compensation to quota owners in accordance with sections 186ZN 186ZQ
b: the person requires further time to provide the compensation.
3: An extension of time may be granted under subsection (2) only—
a: once to a person in respect of aquaculture activities in the same area; and
b: if the person concerned applies in writing to the chief executive not later than 1 month before the expiry of the 6-month period specified in subsection (1)﻿(b).
4: The period of 6 months referred to in subsection (1)﻿(b) does not include—
a: any extension of time granted under subsection (2); and
b: the period beginning on the day on which arbitration proceedings are commenced and ending on the day on which the arbitrator makes a determination under section 186ZP(5) section 186ZP(6)﻿(a) or (b)
c: the period beginning with the day on which proceedings are brought seeking judicial review of the chief executive's aquaculture decision and ending on the day on which the proceedings are finally disposed of. Section 186ZIA inserted 1 October 2011 section 20 Fisheries Amendment Act 2011
186ZJ: No proceedings to be taken against chief executive
1: No civil or criminal proceedings are to be brought against the chief executive in respect of any decision of the chief executive under section 186ZH , 186ZHA 186ZI 186ZIA 186ZM
2: However, subsection (1) does not apply in relation to proceedings seeking, under the Judicial Review Procedure Act 2016 Section 186ZJ inserted 1 January 2005 section 8 Fisheries Amendment Act (No 3) 2004 Section 186ZJ(1) amended 1 October 2011 section 21 Fisheries Amendment Act 2011 Section 186ZJ(2) amended 1 March 2017 section 24 Judicial Review Procedure Act 2016
186ZK: Chief executive must notify regional council of certain matters
1: The chief executive must notify the regional council concerned of a matter specified in subsection (2) as soon as practicable after the matter has occurred.
2: The matters are—
a: the name of the holder of an aquaculture agreement registered by the chief executive and the area that the agreement relates to:
b: an application made under section 186ZG
c: an extension of time given under section 186ZI or section 186ZIA
d: when the period for lodging aquaculture agreements or compensation declarations section 186ZI or section 186ZIA
e: that no aquaculture agreements or compensation declarations
f: any application for judicial review of a decision of the chief executive in relation to aquaculture agreements or compensation declarations
g: the name of the person who made a compensation declaration registered by the chief executive and the area the declaration relates to. Section 186ZK inserted 1 January 2005 section 8 Fisheries Amendment Act (No 3) 2004 Section 186ZK(2)﻿(c) amended 1 October 2011 section 22(1) Fisheries Amendment Act 2011 Section 186ZK(2)﻿(d) amended 1 October 2011 section 22(2) Fisheries Amendment Act 2011 Section 186ZK(2)﻿(d) amended 1 October 2011 section 22(3) Fisheries Amendment Act 2011 Section 186ZK(2)﻿(e) amended 1 October 2011 section 22(4) Fisheries Amendment Act 2011 Section 186ZK(2)﻿(f) amended 1 October 2011 section 22(5) Fisheries Amendment Act 2011 Section 186ZK(2)﻿(g) added 1 October 2011 section 22(6) Fisheries Amendment Act 2011
186ZL: Memorials
1: Subsection (2) applies if the chief executive makes a reservation in relation to commercial fishing for stocks subject to the quota management system under section 186E section 38
2: The chief executive must ensure that a memorial is recorded in the appropriate register against all quota for the stocks specified in a notice given by the chief executive under section 186H section 41 on the date of the notification under section 186H(2)﻿(a)
3: A memorial must be to the effect that—
a: the chief executive has made a reservation in relation to commercial fishing for stocks subject to the quota management system section 186E section 38
b: as a result, an aquaculture agreement , or compensation declaration,
c: if an agreement or a declaration aquaculture activities being undertaken in the area subject to the reservation
4: A memorial recorded in a register under subsection (2) must be cancelled on the expiry of the period specified in section 186ZI(1)﻿(b) 186ZIA(1)﻿(b)
5: Section 186ZL substituted 28 September 2008 section 8 Fisheries Amendment Act (No 2) 2008 Section 186ZL(1) substituted 1 October 2011 section 23(1) Fisheries Amendment Act 2011 Section 186ZL(2) amended 1 October 2011 section 23(2) Fisheries Amendment Act 2011 Section 186ZL(3)﻿(a) amended 1 October 2011 section 23(3) Fisheries Amendment Act 2011 Section 186ZL(3)﻿(b) amended 1 October 2011 section 23(4) Fisheries Amendment Act 2011 Section 186ZL(3)﻿(c) amended 1 October 2011 section 23(5) Fisheries Amendment Act 2011 Section 186ZL(3)﻿(c) amended 1 October 2011 section 23(6) Fisheries Amendment Act 2011 Section 186ZL(4) substituted 1 October 2011 section 23(7) Fisheries Amendment Act 2011 Section 186ZL(5) repealed 1 October 2011 section 23(8) Fisheries Amendment Act 2011 Pre-request aquaculture agreements Heading inserted 1 October 2011 section 24 Fisheries Amendment Act 2011
186ZM: Pre-request aquaculture agreements
1: A person who has applied for a coastal permit to undertake aquaculture activities in the coastal marine area may, before a regional council makes a request under section 114
2: The pre-request aquaculture agreement must be in the approved form, be accompanied by the prescribed fee, and—
a: relate to 1 or more stocks subject to the quota management system; and
b: contain the consents required under subsection (3) to the exclusion of the stock from consideration by the chief executive when making an aquaculture decision in relation to the area covered by the application if the coastal permit is granted; and
c: be accompanied by information showing that each registered quota owner had a reasonable opportunity to consider whether to consent.
3: A pre-request aquaculture agreement must contain, as at 5 pm on the day before the date on which the agreement is lodged for registration, the consent, for each stock included in the agreement, of the registered quota owners of the stock holding not less than 75% of the quota shares for the stock.
4: A person who wishes to lodge a pre-request aquaculture agreement with the chief executive for registration must, at least 20 working days before lodging the agreement, give notice of the person’s intention to lodge the agreement—
a: to each quota owner of stock that is included in the agreement; and
b: by a notice published in a newspaper circulating in the locality of the proposed coastal permit the agreement relates to.
5: After a pre-request aquaculture agreement is registered, no person whose consent is contained in the agreement may revoke the consent, but the consent and the aquaculture agreement itself come to an end—
a: if the application for the coastal permit they relate to is declined or withdrawn; or
b: if the application is granted, when the coastal permit to which they relate comes to an end, unless the coastal permit is replaced by a new permit in accordance with section 165ZH
6: Sections 186ZH 186ZK section 186ZF section 186ZM
7: A quota holder for a stock, which is the subject of a registered pre-request aquaculture agreement, who did not consent to the agreement is entitled to receive from the applicant in proportion to the quota holder's shareholding of the stock equivalent entitlements and benefits (whether financial or otherwise), to those that were agreed between the applicant and the persons who consented to the agreement.
8: The High Court may make such orders or give such directions as it thinks fit for the purposes of subsection (7).
9: An order or direction under subsection (8) must not prevent or delay the chief executive making an aquaculture decision. Section 186ZM inserted 1 October 2011 section 24 Fisheries Amendment Act 2011 Compensation Heading inserted 1 October 2011 section 24 Fisheries Amendment Act 2011
186ZN: Compensation to be provided by coastal permit holder to affected quota owners if aquaculture agreement not lodged
1: This section applies if—
a: the chief executive has, in relation to a coastal permit, made a reservation in relation to commercial fishing of quota management stock; and
b: the holder of the coastal permit has not lodged an aquaculture agreement in respect of the stock before the expiry of the period specified in section 186ZI(1)﻿(b) section 186ZI(2)
2: If the holder of the permit wishes to undertake aquaculture activities authorised by the permit, the holder must provide to each affected quota owner compensation for the loss of value of the owner's affected quota as determined by an arbitrator appointed in accordance with section 186ZO
3: In subsection (2), quota owner Gazette section 186H(2)﻿(a) Section 186ZN inserted 1 October 2011 section 24 Fisheries Amendment Act 2011
186ZO: Submission to arbitration
1: The holder of a coastal permit may submit to an arbitrator a request to determine the amount of compensation to be provided under section 186ZN Arbitration Act 1996
2: For the purposes of the arbitration, an arbitrator is to be appointed—
a: by agreement between the holder of the coastal permit and all the quota owners; but
b: if they cannot agree, then by the President of the Arbitrators and Mediators Institute of New Zealand Incorporated or a person authorised by the President. Section 186ZO inserted 1 October 2011 section 24 Fisheries Amendment Act 2011
186ZP: Arbitrator to determine preliminary question about economic value of proposed aquaculture activities
1: Before determining the compensation to be provided to quota owners or a class of quota owners, an arbitrator must first determine the question in subsection (2).
2: The question is: which of the following is of materially greater economic value to New Zealand:
a: the proposed aquaculture activities; or
b: the fishing in relation to which the chief executive has made a reservation.
3: The arbitrator must determine the question on the basis of data and analysis provided by—
a: the holder of the coastal permit; and
b: the quota owners concerned.
4: In determining the question, the arbitrator must follow the methodology specified in any regulations made under section 186ZR(1)﻿(a)
5: The arbitrator must determine the compensation payable to quota owners if the arbitrator determines the question in favour of the proposed aquaculture activities.
6: The arbitrator must not determine the compensation payable to quota owners if the arbitrator—
a: determines the question in favour of the fishing in relation to which the chief executive has made a reservation; or
b: decides that the question cannot be determined one way or the other. Section 186ZP inserted 1 October 2011 section 24 Fisheries Amendment Act 2011
186ZQ: Determination of compensation
1: In determining the compensation to be awarded to quota owners, an arbitrator must follow the methodology specified in any regulations made under section 186ZR(1)﻿(b)
2: For the purposes of section 186ZR(3)﻿(a)﻿(ii)
3: The level of compensation provided under subsection (1) must be the same for each quota share for each quota stock.
4: The compensation awarded under subsection (1) must—
a: be provided to the persons holding quota for the fish stock subject to the reservation; and
b: be provided only to quota owners as defined in section 186ZN(3)
5: If, after the arbitrator has made an award, the holder of the coastal permit decides not to proceed with the aquaculture activities, then the holder of the permit must pay the quota owners' reasonable costs and expenses, as determined by the arbitrator, for participating in the arbitration. Section 186ZQ inserted 1 October 2011 section 24 Fisheries Amendment Act 2011
186ZR: Regulations relating to compensation
1: The Governor-General may, by Order in Council made on the recommendation of the Minister, make regulations prescribing—
a: a methodology for determining the question in section 186ZP(2)
b: for the purposes of section 186ZQ
2: The methodology prescribed under subsection (1)﻿(a) must set out the type of data and analysis required for determining whether the proposed aquaculture activities or the fishing in respect of which the chief executive has made a reservation is of greater economic value to New Zealand.
3: The methodology prescribed under subsection (1)﻿(b) must—
a: provide for compensation to be calculated in proportion to the impact on fishing, including—
i: increased fishing costs and any consequential disruption costs as a result of the proposed aquaculture activities, including a sum by way of solatium to fishing interests for any adjustments required as a result of the impact of the aquaculture activities; and
ii: any complementary uses that might exist for the site in accordance with any submissions made under section 186ZQ(2)
iii: the loss in value of affected quota, but only in relation to that part of the relevant average annual catch that is estimated would be reduced if the proposed aquaculture activities were to proceed; and
b: provide for the calculation of compensation to be based on the size of the affected quota holding and the corresponding loss of quota value, including by reference to any recent transfers of the quota or associated annual catch entitlement.
4: Regulations under this section are secondary legislation ( see Part 3 The following table is small in size and has 3 columns that are grouped under the heading Legislation Act 2019 requirements for secondary legislation made under this section. Legislation Act 2019 requirements for secondary legislation made under this section Publication PCO must publish it on the legislation website and notify it in the Gazette LA19 s 69(1)﻿(c) Presentation The Minister must present it to the House of Representatives LA19 s 114 cl 32(1)﻿(a) Disallowance It may be disallowed by the House of Representatives LA19 ss 115 116 This note is not part of the Act. Section 186ZR inserted 1 October 2011 section 24 Fisheries Amendment Act 2011 Section 186ZR(4) inserted 28 October 2021 section 3 Secondary Legislation Act 2021
10: Recordkeeping, reporting, disposal of fish, and provisions relating to taking and possession of fish for purpose of sale
187: References to weight of fish, aquatic life, or seaweed to be references to greenweight
1: Subject to subsections (2) and (3) and except as otherwise expressly provided, every reference in this Act to the weight of fish, aquatic life, or seaweed shall be construed as a reference to the greenweight of the fish, aquatic life, or seaweed.
2: If a declaration in respect of any stock under section 18
3: Every reference in this Act to the weight of any quota management stock that was, immediately before the commencement of this section, subject to Part 2A
188: Conversion factors
1: The chief executive may, by notice in the Gazette after consultation with such bodies or persons as the chief executive considers appropriate in the circumstances, including Maori, environmental, commercial, and recreational interests,
a: the weight of the fish, aquatic life, or seaweed in the state to which it has been processed to the greenweight, or meatweight, as the case may be; or
b: the weight of the fish, aquatic life, or seaweed, when taken, to the meatweight.
2: The chief executive may, in respect of any vessel on which fish, aquatic life, or seaweed is processed, having regard to the method of processing or the processing history of the vessel and after consultation with the owner, operator, or master of the vessel, issue a certificate specifying conversion factors for that vessel which shall for all purposes (including any proceedings for an offence against this Act) be used to determine the weight of any fish, aquatic life, or seaweed processed by that vessel within the terms of the certificate.
3: Every certificate issued under subsection (2)—
a: shall apply in respect of fish, aquatic life, or seaweed processed during the currency of the certificate:
b: may be subject to such conditions, including conditions relating to methods of taking, processing, packing, and labelling of fish, aquatic life, or seaweed, the presence of observers or fishery officers, or the recording of catches, as the chief executive thinks fit to impose:
c: may at any time be revoked by the chief executive by notice in writing, or may be amended or replaced by a further certificate issued by the chief executive under subsection (2).
4: Any certificate issued under subsection (2) may be issued for such term as the chief executive thinks fit, and the certificate, or any revocation of the certificate, shall take effect on the date specified for the purpose by the chief executive, which date shall be not earlier than the earliest of the following dates or occasions:
a: the commencement of the fishing year following that in which the owner, operator, or master of the vessel is issued with the certificate or notified of the revocation:
b: the next departure of the vessel from any New Zealand port following the issue of the certificate or notification of the revocation:
c: the day on which any observer who is present on the vessel concerned, after the owner, operator, or master is issued with the certificate or notified of the revocation, certifies that the current catch of the vessel has been recorded by that observer:
d: such earlier date as may be agreed between the chief executive and the owner, operator, or master of the vessel.
5: The chief executive may, for any purpose referred to in section 59(6A) section 368A(11) Gazette
a: set conversion factors for translating numbers of Foveaux Strait dredge oysters into weights, or vice versa:
b: specify the circumstances in which or purpose for which any such Foveaux Strait dredge oyster conversion factors may or must be used, including the making of returns and records.
6: Any conversion factors specified under subsection (5) are to be used for determining the weight or number (as the case may require) of Foveaux Strait dredge oysters only for the purposes specified in the Gazette 1983 No 14 s 3A 1986 No 34 s 4 1990 No 29 s 3 Section 188(1) amended 23 June 1998 section 18 Fisheries (Remedial Issues) Amendment Act 1998 Section 188(5) added 1 April 1998 section 7 Fisheries (Foveaux Strait Dredge Oyster Fishery) Amendment Act 1998 Section 188(5) amended 1 November 2022 section 23 Fisheries Amendment Act 2022 Section 188(6) added 1 April 1998 section 7 Fisheries (Foveaux Strait Dredge Oyster Fishery) Amendment Act 1998
188A: Spat ratio
1: For the purpose of determining spat catch in circumstances where spat can only practically be harvested when attached to another species or kind of fish, aquatic life, or seaweed, the chief executive may, by notice in the Gazette
2: Before setting a spat ratio, the chief executive must consult with such bodies or persons as the chief executive considers appropriate in the circumstances.
3: Except as otherwise provided in the notice, the ratio set by the notice must for all purposes (including any proceedings for an offence against this Act or any regulations made under this Act) be used to determine—
a: the weight or quantity of spat taken or landed with the other species or kind of fish, aquatic life, or seaweed; and
b: if appropriate, the weight or quantity of the other species or kind of fish, aquatic life, or seaweed. Section 188A inserted 1 October 2004 section 44 Fisheries Amendment Act (No 3) 2004
189: Persons who are required to keep records and returns
The following persons shall keep such accounts and records, and provide to the chief executive such returns and information, as may be required by or under regulations made under this Act:
a: holders of fishing permits, special permits, licences, or other authorities or approvals issued or granted under this Act entitling the holder to take fish, aquatic life, or seaweed by any method for any purpose:
b: owners, caveators, and mortgagees of quota, and owners and caveators of annual catch entitlements:
c: owners, operators, notified users, and masters of vessels registered under this Act:
d: owners and persons in charge of any premises where fish, aquatic life, or seaweed are received, purchased, stored, transported, processed, sold, or otherwise disposed of:
e: persons engaged in the receiving, purchasing, transporting, processing, storage, sale, or disposal of fish, aquatic life, or seaweed:
f: fish farmers and holders of spat catching permits:
g: persons who provide vessels for hire for the purpose of enabling persons to take fish, aquatic life, or seaweed:
h: persons who take fish, aquatic life, or seaweed otherwise than for the purpose of sale.
i: holders of high seas fishing permits issued under section 113H
j: holders of exemptions granted under section 113F Section 189(b) substituted 26 May 2001 section 21 Fisheries (Remedial Issues) Amendment Act 2001 Section 189(i) added 1 May 2001 section 17 Fisheries Act 1996 Amendment Act (No 2) 1999 Section 189(j) added 1 May 2001 section 17 Fisheries Act 1996 Amendment Act (No 2) 1999
190: Accounts, records, returns, and other information
1: For the purpose of this Act, the chief executive may, in any particular case or class of cases,—
a: require accounts, records, returns, and other information additional to those specified in regulations made under this Act to be kept and provided to the chief executive, by any person referred to in section 189
b: specify the manner and form in which such accounts, records, returns, and other information are to be kept and provided.
2: Every person who fails to comply with a specification of the chief executive under subsection (1)﻿(b) commits an offence and is liable to the penalty specified in section 252(3) 1983 No 14 s 66 1986 No 34 s 13(1) 1990 No 29 s 33 Section 190(2) added 23 June 1998 section 19 Fisheries (Remedial Issues) Amendment Act 1998 Disposal of fish
191: Disposal of fish by commercial fishers
1A: In this section and section 192 commercial fisher section 113H
1: No commercial fisher may sell or otherwise dispose of fish, aquatic life, or seaweed, taken by the commercial fisher in that capacity, except—
a: to a licensed fish receiver; or
b: as provided in subsection (2) or (5); or
c: by an approved alternative method of disposal in accordance with regulations made under section 297
2: Any commercial fisher may sell or otherwise dispose of, in any one transaction, not more than—
a: 10 kilogrammes of finfish; or
b: 6 kilogrammes of shellfish (other than Foveaux Strait dredge oysters or shellfish of class Crustacea); or
ba: 60 Foveaux Strait dredge oysters; or
c: 3 kilogrammes of shellfish of class Crustacea; or
d: any combination of such finfish or shellfish within those limits— taken by the commercial fisher to any person who is not a licensed fish receiver if the transaction takes place on, or in the vicinity of, the vessel used by the commercial fisher to take the fish, aquatic life, or seaweed, or at some other place approved by the chief executive.
3: A commercial fisher shall not enter into more than 1 transaction referred to in subsection (2) with the same person within any 24-hour period.
4: Every commercial fisher who sells or otherwise disposes of any finfish or shellfish under subsection (2) shall, at the time of the transaction, make such records of the transaction as the commercial fisher is required to make under regulations made under this Act.
5: Subsection (1) does not apply in respect of fish, aquatic life, or seaweed—
a: landed outside New Zealand in accordance with any approval granted by the chief executive under section 110
b: lawfully abandoned or returned, in accordance with section 72
c: lawfully used by the commercial fisher who took the fish, aquatic life, or seaweed as bait, or consumed on board the vessel from which the fish, aquatic life, or seaweed was taken ; or
d: lawfully taken on the high seas and landed in any country other than New Zealand
e: lawfully taken on the high seas and transhipped in accordance with a high seas fishing permit issued under section 113H
6: Every commercial fisher commits an offence and is liable to the penalty set out in section 252(3)
7: In proceedings for an offence relating to a contravention of subsection (1),—
a: the prosecutor need not assert in the charging document that any exception or excuse in subsection (2) or (5) does not apply; and
b: the burden of proving that the exception set out in subsection (5)﻿(d) applies lies on the defendant. 1983 No 14 s 67 1986 No 34 s 13(1) 1990 No 29 s 34 Section 191(1A) inserted 1 October 2001 section 18(1) Fisheries Act 1996 Amendment Act (No 2) 1999 Section 191(1) replaced 1 November 2022 section 8 Fisheries Amendment Act 2022 Section 191(2)﻿(b) substituted 1 April 1998 section 8 Fisheries (Foveaux Strait Dredge Oyster Fishery) Amendment Act 1998 Section 191(2)﻿(ba) inserted 1 April 1998 section 8 Fisheries (Foveaux Strait Dredge Oyster Fishery) Amendment Act 1998 Section 191(5)﻿(c) amended 1 October 2001 section 18(2) Fisheries Act 1996 Amendment Act (No 2) 1999 Section 191(5)﻿(d) added 1 October 2001 section 18(3) Fisheries Act 1996 Amendment Act (No 2) 1999 Section 191(5)﻿(d) amended 1 October 2001 section 22 Fisheries (Remedial Issues) Amendment Act 2001 Section 191(5)﻿(e) added 1 October 2001 section 18(3) Fisheries Act 1996 Amendment Act (No 2) 1999 Section 191(7) inserted 1 July 2013 section 413 Criminal Procedure Act 2011
192: Restrictions on purchase or acquisition of fish by certain persons
1: No commercial fisher shall purchase, acquire, or be in possession of any fish, aquatic life, or seaweed for the purpose of sale, unless the fish, aquatic life, or seaweed was—
a: taken in that person's capacity as a commercial fisher; or
b: purchased or acquired by that person from a licensed fish receiver for use as bait in that person's commercial fishing activities.
2: No licensed fish receiver shall purchase or otherwise acquire or be in possession of any fish, aquatic life, or seaweed for the purpose of sale, unless the fish, aquatic life, or seaweed was—
a: purchased or acquired for the purpose of sale from—
i: a commercial fisher; or
ii: another licensed fish receiver; or
iii: a fish farmer; or
iv: the operator of a foreign fishing vessel, if the fish, aquatic life, or seaweed was landed under the authority and in accordance with the conditions of a licence issued under section 83
v: the operator of a foreign vessel, if the fish, aquatic life, or seaweed was landed and disposed of in accordance with the conditions of an approval granted under section 113
b: lawfully taken by that person for the purpose of sale in the person's capacity as a commercial fisher, where that person has lawfully kept and completed all records, returns, and other documents required under this Act as if the commercial fisher and the licensed fish receiver had been separate persons; or
c: acquired or possessed by the licensed fish receiver otherwise than for the purpose of sale by the licensed fish receiver in accordance with subsection (7).
3:
4: No spat catching permit holder shall be in possession of any fish, aquatic life, or seaweed for the purpose of sale, unless the fish, aquatic life, or seaweed was taken by that person in that person's capacity as a spat catching permit holder.
5: No person (other than a person who at the relevant time is acting in the person's capacity as a commercial fisher, licensed fish receiver, fish farmer, or spat catching permit holder) shall purchase, otherwise acquire, or be in possession of any fish, aquatic life, or seaweed for the purpose of sale, unless the fish, aquatic life, or seaweed was purchased or acquired from—
a: a commercial fisher in a transaction referred to in section 191(2)
b: a licensed fish receiver; or
c: a fish farmer; or
d: a person using an approved method of disposal in accordance with regulations made under section 297
6: Every person commits an offence and is liable to the penalty set out in section 252(3)
6A: In proceedings for an offence relating to a contravention of any of subsections (1) to (5),—
a: the prosecutor need not assert in the charging document that any exception or excuse in those subsections does not apply; and
b: the burden of proving that any exception or excuse applies lies on the defendant.
7: For the purposes of subsection (2)﻿(c), fish, aquatic life, or seaweed is acquired or possessed by a licensed fish receiver in accordance with this subsection if the fish, aquatic life, or seaweed—
a: is held by the licensed fish receiver for a person for storage or processing; and
b: was taken by that person in accordance with any relevant amateur or Maori customary non-commercial fishing regulations made under this Act; and
c: is held by the licensed fish receiver with the approval in writing of the chief executive (which approval may be granted either generally or particularly) but was not so held before that approval was granted; and
d: is stored and processed in accordance with the conditions imposed by the chief executive (which conditions may relate to records and returns and such other conditions as the chief executive thinks fit to impose).
8: Subsection (5) does not apply in respect of fish, aquatic life, or seaweed if—
a: the fish, aquatic life, or seaweed was lawfully purchased or acquired from an approved person; and
b: that approved person has lawfully acquired or purchased the fish, aquatic life, or seaweed from a licensed fish receiver; and
c: the purchase or acquisition, and the storage and disposal, of the fish, aquatic life, or seaweed, and the keeping of records in relation to it, was in accordance with the conditions of the approval granted by the chief executive.
9: Subsection (5) does not apply in respect of any fish, aquatic life, or seaweed produced in the course of a lawful fish farming operation and subsequently traded.
10: This section does not apply in respect of—
a: whitebait, seaweed of the class Rhodophyceae taken while it is unattached and cast ashore, unwanted aquatic life, ornamental fish, seabirds, or protected species; or
b: any fish, aquatic life, or seaweed lawfully taken outside New Zealand fisheries waters that has been landed in any country other than New Zealand
c: any transaction with the Crown; or
d: any fish, aquatic life, or seaweed lawfully taken otherwise than for the purpose of sale and served as part of a meal to the person who took the fish, aquatic life, or seaweed and the person's immediate guests. 1983 No 14 s 67A 1986 No 34 s 13(1) 1991 No 149 s 22 Section 192(3) repealed 1 January 2005 section 9 Fisheries Amendment Act (No 3) 2004 Section 192(5)﻿(d) inserted 1 November 2022 section 9 Fisheries Amendment Act 2022 Section 192(6A) inserted 1 July 2013 section 413 Criminal Procedure Act 2011 Section 192(10)﻿(b) amended 1 October 2001 section 23 Fisheries (Remedial Issues) Amendment Act 2001
192A: Restriction on acquisition of fish, aquatic life, and seaweed by fish farmers
1: No fish farmer may acquire or be in possession of any fish, aquatic life, or seaweed unless the fish, aquatic life, or seaweed was—
a: purchased or acquired from another fish farmer or a licensed fish receiver; or
b: lawfully bred or cultivated by the fish farmer; or
c: harvestable spat that settled on fish farm structures if—
i: the structures were lawfully placed or erected in the fish farm; and
ii: the spat was of a species specified in the fish farmer's registration for the fish farm.
2: The chief executive may, by notice
a: in respect of a specified fish farmer, class of fish farmers, or fish farmers generally:
b: in respect of 1 or more species or states of fish, aquatic life, or seaweed.
3: In deciding whether to grant an exemption, the chief executive must have regard to—
a: the origin of the fish, aquatic life, or seaweed; and
b: the species life cycle and state of the fish, aquatic life, or seaweed; and
c: the quantities of the fish, aquatic life, or seaweed; and
d: any other matter that the chief executive considers relevant.
4: The chief executive may grant an exemption to a specified fish farmer only if the fish farmer has—
a: applied, on an approved form, to the chief executive for the exemption; and
b: paid the prescribed fee (if any).
5: Every person who contravenes subsection (1) commits an offence and is liable to the penalty set out in section 252(3)
6: In proceedings for an offence relating to a contravention of subsection (1),—
a: the prosecutor need not assert in the charging document that the exceptions set out in paragraphs (a) to (c) do not apply; and
b: the burden of proving that any of the exceptions set out in paragraphs (a) to (c) applies lies on the defendant.
7: A notice under this section is secondary legislation ( see Part 3 The following table is small in size and has 3 columns that are grouped under the heading Legislation Act 2019 requirements for secondary legislation made under this section. Legislation Act 2019 requirements for secondary legislation made under this section Publication The maker must publish it in the Gazette LA19 ss 73 74(1)﻿(a) cl 14 Presentation The Minister must present it to the House of Representatives LA19 s 114 cl 32(1)﻿(a) Disallowance It may be disallowed by the House of Representatives LA19 ss 115 116 This note is not part of the Act. Section 192A inserted 1 January 2005 section 10 Fisheries Amendment Act (No 3) 2004 Section 192A(2) amended 28 October 2021 section 3 Secondary Legislation Act 2021 Section 192A(6) inserted 1 July 2013 section 413 Criminal Procedure Act 2011 Section 192A(7) inserted 28 October 2021 section 3 Secondary Legislation Act 2021 When fish deemed to be taken or possessed for purposes of sale
193: Fish in licensed premises or premises where food sold deemed to have been taken for purpose of sale
1: For the purpose of this Act, all fish, aquatic life, or seaweed in any premises owned or operated by any licensed fish receiver, shall, in the absence of proof to the contrary, be deemed to have been taken, and to be possessed, for the purpose of sale.
2: For the purpose of this Act, all fish, aquatic life, or seaweed in any premises where food is sold, prepared for sale, stored, or processed shall, in the absence of proof to the contrary, be deemed to have been taken, and to be possessed, for the purpose of sale. 1983 No 14 s 103 1986 No 34 s 27(1)
194: Fish in fish farm deemed to be farmed and possessed for sale
For the purpose of this Act, all fish, aquatic life, or seaweed in, on, or transferred from any fish farm shall, in the absence of proof to the contrary, be deemed to be farmed, and to be possessed, for the purpose of sale.
195: Fish in excess of certain quantities deemed to have been acquired or possessed for purpose of sale
For the purpose of this Act, any person in possession of any fish, aquatic life, or seaweed of an amount or quantity exceeding 3 times the amateur individual daily limit (if any) prescribed in respect of that fish, aquatic life, or seaweed, shall, in the absence of proof to the contrary, be deemed to have acquired, or to possess, the fish, aquatic life, or seaweed for the purpose of sale unless the fish, aquatic life, or seaweed was lawfully taken by a person under regulations made under section 186 1983 No 14 s 103A 1990 No 29 s 49 1992 No 121 s 35
11: Appointment and powers of fishery officers
Appointment of fishery officers
196: Appointment of fishery officers
1: Such fishery officers and other officers as may be required for the purposes of the enforcement and administration of this Act shall be appointed under the Public Service Act 2020
2: For the purpose of this Act—
a: every officer in command of any vessel or aircraft of the New Zealand Defence Force; and
b: every constable shall be deemed to be a fishery officer and may, without warrant, exercise the powers conferred on fishery officers under this Act.
3: Where any person referred to in paragraph (a) or paragraph (b) of subsection (2) has directed any person under his or her command to carry out such of the duties of a fishery officer as he or she may specify, for such period as he or she thinks necessary, the person so directed shall, for the purpose of carrying out those duties, have all the powers of a fishery officer. 1983 No 14 s 76 Section 196(1) amended 7 August 2020 section 135 Public Service Act 2020 Section 196(2)﻿(b) amended 1 October 2008 section 116(a)﻿(ii) Policing Act 2008
197: Appointment of honorary fishery officers
1: The chief executive may, from time to time, appoint as honorary fishery officers for a specified area or areas such persons as the chief executive considers fit and proper.
2: Every person appointed as an honorary fishery officer under this section—
a: shall be appointed for such term, not exceeding 3 years, as the chief executive thinks fit, and may be reappointed:
b: may, at any time, be removed from office by the chief executive if the chief executive no longer considers him or her to be a fit and proper person for reasons of incapacity, neglect of office, misconduct, or otherwise:
c: may at any time resign his or her office, and notification of such resignation shall be given to the chief executive.
3: There may be paid to any honorary fishery officer out of money appropriated by Parliament for the purpose—
a: an honorarium at a rate determined by the chief executive
b: reimbursement of actual and reasonable expenses incurred in the course of carrying out his or her powers and duties, where the chief executive has given prior authorisation and has subsequently approved the expenses.
4: No person appointed as an honorary fishery officer under this section shall be deemed to be employed by the Crown by reason of the appointment or any money paid to the person under this section. 1983 No 14 s 77 1987 No 65 s 65(1) Section 197(3)﻿(a) amended 17 December 2016 section 49 Statutes Amendment Act 2016
198: Issue of warrants and conferral of powers
1: The chief executive may, from time to time, issue—
a: to any person appointed in accordance with section 196
b: to any person appointed under section 197
i: such of those powers conferred on fishery officers under this Act as the person may exercise:
ii: the area or areas to which the warrant relates:
iii: if appropriate, the species
c: to any person appointed under section 222
1A: Except as otherwise specified in the warrant, a warrant issued to an honorary fishery officer under subsection (1)﻿(b) applies to all species or stocks of fish, aquatic life, or seaweed.
2: On the termination of a person's appointment as a fishery officer, honorary fishery officer, or examiner under this Act, the person shall surrender to the chief executive any warrant issued to the person in respect of that appointment. 1983 No 14 s 78 1987 No 65 s 65(1) 1990 No 31 s 137 Section 198(1)b)﻿(iii) amended 1 October 2004 section 45(1) Fisheries Amendment Act (No 3) 2004 Section 198(1A) inserted 1 October 2004 section 45(2) Fisheries Amendment Act (No 3) 2004
198A: Powers may be exercised outside New Zealand fisheries waters
To avoid doubt, the powers of a fishery officer conferred by or under this Part may be exercised in relation to any conduct, whether or not the conduct occurred in New Zealand fisheries waters. Section 198A inserted 1 October 2001 section 19 Fisheries Act 1996 Amendment Act (No 2) 1999 Powers of entry, search, and questioning
199: Powers of entry and examination for regulatory purposes
1: In the course of the enforcement and administration of this Act, a fishery officer may, at any reasonable time,—
a: examine any vessel, vehicle, premises, or other place (by stopping or opening the thing or place, as the case requires, where necessary) and—
i: examine any fish, aquatic life, or seaweed in that thing or at that place; or
ii: examine any accounts, records, returns, or other documents in that thing or at that place that may be relevant to monitoring compliance with this Act or any regulations made under this Act; or
iii: examine any record, authority, approval, permission, licence, or authority in that thing or at that place that may be relevant to monitoring compliance with this Act or any regulations made under this Act; or
iv: examine any article, gear, container, apparatus, device, or thing relating to the taking, sale, purchase, farming, or possession of any fish, aquatic life, or seaweed that is in that thing or at that place:
b: enter, pass across, or remain upon any land for the purpose of observing any public place, including by the use of a visual surveillance device:
c: stop any person and examine any thing referred to in paragraph (a)﻿(i) to (iv) that is in the possession of that person:
d: for the purposes of any examination under paragraph (a) or (c),—
i: open, or direct any person to open, any thing that may be examined; and
ii: take any sample of a thing that may be examined, for forensic or other scientific testing:
e: for the purposes of exercising any power conferred by paragraph (a), enter or pass across any land.
2: A fishery officer may detain any vessel, vehicle, conveyance of any kind, parcel, package, record, document, article, gear, apparatus, device, container, fish, aquatic life, seaweed, or thing for any period that is reasonably necessary to enable the fishery officer to carry out an examination under this section.
3: In this section and in section 199A visual surveillance device Section 199 replaced 18 April 2012 section 248 Search and Surveillance Act 2012
199A: Powers of entry and search for law enforcement purposes
1: Subsection (2) applies to a fishery officer if he or she believes, on reasonable grounds, that—
a: an offence is being or has been committed against this Act; and
b: there may be concealed or located or held in any vessel, vehicle, conveyance of any kind, premises, place, parcel, package, record, or thing—
i: any fish, aquatic life, or seaweed taken or thing used or intended to be used in contravention of this Act; or
ii: any article, record, document, or thing that will be evidence as to the commission of an offence against this Act.
2: If this subsection applies to a fishery officer, then, for the purpose of enforcing this Act, that officer may—
a: enter, examine, and search any such premises or place, or any such vessel, vehicle, or conveyance of any kind (by stopping or opening the thing or place, as the case requires, where necessary); and
b: enter, pass across, or remain upon any land for the purpose of observing any public place, including by the use of a visual surveillance device; and
c: examine and search (by opening the thing where necessary) any such parcel, package, record, or thing; and
d: for the purposes of exercising any power conferred by paragraph (a), enter or pass across any land.
3: A fishery officer may detain any vessel, vehicle, conveyance of any kind, parcel, package, record, document, article, gear, apparatus, device, container, fish, aquatic life, seaweed, or thing for such period as is reasonably necessary to enable the fishery officer to carry out an examination or a search under this section. Section 199A inserted 18 April 2012 section 248 Search and Surveillance Act 2012
199B: Application of Part 4 of Search and Surveillance Act 2012
1: The provisions of Part 4 subparts 2 3 section 119 subpart 8 section 199(1)
2: The provisions of Part 4 subparts 3 8 section 199A Section 199B inserted 1 October 2012 section 249 Search and Surveillance Act 2012
200: Conditions relating to exercise of powers of entry, etc
1: A fishery officer shall not exercise any power under this Act to enter a place that is a private dwelling place, or the enclosed garden or curtilage of a private dwelling place, or any Maori reservation constituted by or under the Maori Affairs Act 1953 Part 17 an issuing officer (within the meaning of section 3
2: An application for authorisation must be made by a fishery officer in the manner provided for an application for a search warrant under subpart 3 of Part 4
3: An issuing officer
4: The provisions of subparts 1 3 7 9 10
5: For the purposes of this section, a place is a private dwelling if private dwelling is the dominant purpose for which the place is used. 1983 No 14 s 79(2), (2A) 1991 No 14 s 23 Section 200(1) amended 1 October 2012 section 250(1) Search and Surveillance Act 2012 Section 200(2) replaced 1 October 2012 section 250(2) Search and Surveillance Act 2012 Section 200(3) amended 1 October 2012 section 250(3) Search and Surveillance Act 2012 Section 200(4) replaced 1 October 2012 section 250(4) Search and Surveillance Act 2012
201: Power to question persons and require production of documents
For the purpose of the enforcement of this Act, if a fishery officer believes on reasonable grounds that—
a: a person is or has been engaged in the taking or selling of fish, aquatic life, or seaweed; or
b: a person has purchased or is or has been in possession of fish, aquatic life, or seaweed; or
c: a person is committing or has committed an offence against this Act,— the fishery officer may, at any reasonable time,—
d: question that person or any other person; and
e: require the person being questioned to provide an answer, including any explanation or information concerning any vessel, or any place or thing, or any fish, aquatic life, or seaweed, or fishing method, gear, apparatus, record, document, article, device, or thing relating to the taking, sale, purchase, or possession of any fish, aquatic life, or seaweed; and
f: require that person or any other person to produce any permit, authority, approval, permission, licence, or certificate issued in respect of any vessel or person. 1983 No 14 s 79(1)﻿(c)
202: Powers for purpose of ascertaining financial status or interest in forfeit property of certain persons
In order to ascertain—
a: a person's financial status, for the purpose of assisting the Crown to make submissions on sentencing in respect of offences against this Act; or
aa: whether any quota is associated quota as defined in section 255
b: the nature of any person's interest in forfeit property, for the purpose of assisting the court to make any determination or order in respect of such property under section 256 a fishery officer may, with the leave of the court, exercise all or any of the fishery officer powers exercisable under other provisions of this Act as if those powers were each expressed to be exercisable in the circumstances referred to in this section. Section 202(aa) inserted 1 October 2001 section 20 Fisheries Amendment Act 2001 Power of arrest
203: Power of arrest
1: For the purpose of the enforcement of this Act, a fishery officer may, if he or she believes on reasonable grounds that any person is offending against this Act, order that person to forthwith desist from offending.
2: For the purpose of the enforcement of this Act, a fishery officer may, at any reasonable time, if he or she believes on reasonable grounds that any person is offending or has committed an offence against this Act, request that person to supply to that fishery officer the person's full legal name, any other name by which the person is commonly known, and the person's date of birth, actual place of residence, and occupation.
3: If the fishery officer believes on reasonable grounds that any of the details supplied under subsection (2) are false or misleading, the fishery officer may request that person to supply to that fishery officer such verification of those details as it is reasonable in the circumstances to require the person to provide.
4: If any person continues to offend after being required under subsection (1) to desist, or refuses to comply with a request under subsection (2) or subsection (3), the fishery officer may arrest that person without warrant.
5: If a fishery officer arrests a person under subsection (4),—
a: the fishery officer shall cause the person to be delivered into the custody of a constable
b: if the person so delivered into custody is issued with a summons pursuant to sections 28 30 section 31 1983 No 14 s 79(1)﻿(d), (5A) 1990 No 29 s 37(4) Section 203(2) amended 1 October 2004 section 46 Fisheries Amendment Act (No 3) 2004 Section 203(5)﻿(a) amended 1 October 2008 section 116(a)﻿(ii) Policing Act 2008 Section 203(5)﻿(b) replaced 1 July 2013 section 413 Criminal Procedure Act 2011 Power to give directions
204: Power to give directions to master
1: For the purpose of the enforcement of this Act, a fishery officer may, if he or she believes that a vessel is being or has been used in contravention of the provisions of this Act or of the conditions of any permit, authority, approval, permission, licence, registration, or certificate issued under this Act, require the master to take the vessel, as soon as reasonably practicable, to the nearest available port, or such other port as is agreed between the master and the fishery officer.
2: If a fishery officer has given a direction under subsection (1), he or she may also give to the master or any person on board the vessel any reasonable directions in respect of any activity, method, procedure, item, gear, document, fish, aquatic life, seaweed, property, or thing while the vessel is proceeding to port. 1983 No 14 s 79(1)﻿(e) Power to use reasonable force
205: Power to use reasonable force in exercise of certain powers
For the purpose of the enforcement of this Act, other than the exercise of any power under section 201 as is necessary Section 205 amended 1 October 2012 section 250(5) Search and Surveillance Act 2012 Power to take copies of documents
206: Power to take copies of documents
1: In exercising powers under this Act, a fishery officer may—
a: make or take copies of any record or document, and for this purpose may take possession of and remove from the place where they are kept any such record or document, for such period of time as is reasonable in the circumstances:
b: if necessary, require a person to reproduce, or assist the fishery officer to reproduce, in a useable form, information recorded or stored in a document.
2: Any documents to which section 137 section 137 of that Act 1983 No 14 s 79(4) Section 206(2) amended 1 October 2012 section 250(6)﻿(a) Search and Surveillance Act 2012 Section 206(2) amended 1 October 2012 section 250(6)﻿(b) Search and Surveillance Act 2012 Provisions relating to seizure
207: Powers of seizure
1: A fishery officer may seize—
a: any vessel, vehicle or other conveyance, fishing gear, implement, appliance, material, container, goods, equipment, or thing which he or she believes on reasonable grounds is being or has been or is intended to be used in the commission of an offence against this Act:
b: any fish, aquatic life, or seaweed which he or she believes on reasonable grounds are being, or have been, taken, killed, transported, bought, sold, or found in the possession of any person, in contravention of this Act; or any fish, aquatic life, or seaweed with which such fish, aquatic life, or seaweed have been intermixed:
c: any article, record, document, or thing which he or she believes on reasonable grounds is evidence of the commission of an offence against this Act.
2: Subparts 1 5 6 7 9 10
3:
4: 1983 No 14 s 80(1), (2) 1990 No 29 s 38(1) Section 207(2) replaced 1 October 2012 section 250(7) Search and Surveillance Act 2012 Section 207(3) repealed 1 October 2012 section 250(7) Search and Surveillance Act 2012 Section 207(4) repealed 1 October 2012 section 250(7) Search and Surveillance Act 2012 Provisions relating to seized property
208: Chief executive may release seized property under bond
Section 208 repealed 1 October 2012 section 251(1) Search and Surveillance Act 2012
209: Seized property to be held by the Crown if not released
Section 209 repealed 1 October 2012 section 251(1) Search and Surveillance Act 2012
210: Crown to release seized property in certain circumstances
Section 210 repealed 1 October 2012 section 251(1) Search and Surveillance Act 2012
211: Seized property forfeited to the Crown if ownership not established
Section 211 repealed 1 October 2012 section 251(1) Search and Surveillance Act 2012
212: Chief executive may sell perishable seized property
If, in the opinion of the chief executive, any fish, aquatic life, seaweed, or other thing seized under section 207 and the thing is liable to be forfeited under this Act if the owner is convicted, 1983 No 14 s 80(4) Section 212 amended 1 October 2012 section 251(2) Search and Surveillance Act 2012
213: Protection of the Crown
1: The Crown shall not be liable to any person for any spoilage or deterioration in the quality of any fish, aquatic life, seaweed, or other thing detained under section 199 or 199A section 207 section 212
2: Notwithstanding any other provisions in this Part, a fishery officer who at the time of seizure returns to the water any fish, aquatic life, or seaweed seized under section 207 file a charging document 1983 No 14 s 80(8), (10) Section 213(1) amended 18 April 2012 section 251(3) Search and Surveillance Act 2012 Section 213(2) amended 1 July 2013 section 413 Criminal Procedure Act 2011 Crown caveats
214: Crown caveats preventing registration of transactions
1: If—
a: any person has been charged with an offence under this Act and conviction for that offence may result in forfeiture of quota under section 255C section 255D
b: a fishery officer believes on reasonable grounds that any person has committed such an offence,— the chief executive may direct that a caveat be registered under this Act owned by that person or associated quota (as defined in section 255
2: A court may at any time, on application by the owner of any quota or the owner of any quota alleged to be associated quota
3: A caveat registered in respect of quota in accordance with a direction to which subsection (1)﻿(a) applies shall have effect until all proceedings in respect of the relevant offence have been finally determined.
4: A caveat registered in respect of quota in accordance with a direction to which subsection (1)﻿(b) applies shall lapse on the expiry of the 30th day after the date of its registration, or at such earlier date as may, at the direction of the chief executive, be specified in the caveat.
5: Upon application to a court by the chief executive, or any fishery officer, the court may extend the duration of any caveat, registered in respect of quota in accordance with a direction to which subsection (1)﻿(b) applies, for a period of up to 60 days from the date on which the caveat would otherwise expire, and upon such conditions as the court may specify.
6: Any application under subsection (5) shall be made before the expiry of the current caveat and the application shall have the effect of extending the duration of the current caveat until the court makes an order determining the application.
7: No application under subsection (5) shall be heard by the court unless it is satisfied that notice of the application has been served on any owner of quota, in respect of which quota a caveat has been registered in accordance with a direction to which subsection (1)﻿(b) applies, at least 7 days before the hearing of the application.
8: On any decision being made not to file a charging document
9: In this section, except for subsection (1), the terms quota quota shares section 255 1983 No 14 ss 28Q(7), (8) 80A 1986 No 34 s 10 1990 No 29 ss 17(5) 39(1) 1991 No 149 s 24 Section 214(1) amended 1 October 2001 section 21(1) Fisheries Amendment Act 2001 Section 214(1) amended 1 October 2001 section 50(1)﻿(b) Fisheries Act 1996 Amendment Act 1999 Section 214(1)﻿(a) amended 1 October 2001 section 50(1)﻿(a) Fisheries Act 1996 Amendment Act 1999 Section 214(2) amended 1 October 2001 section 21(2) Fisheries Amendment Act 2001 Section 214(8) substituted 1 October 2001 section 50(2) Fisheries Act 1996 Amendment Act 1999 Section 214(8) amended 1 July 2013 section 413 Criminal Procedure Act 2011 Section 214(9) added 1 October 2001 section 21(3) Fisheries Amendment Act 2001 General powers
215: General powers
1: A fishery officer may do all such acts and things and give such directives as are reasonably necessary for the purposes of exercising any of his or her powers under this Act.
2: The powers of a fishery officer under this Act are exercisable—
a: within New Zealand:
b: in New Zealand fisheries waters:
c: beyond New Zealand fisheries waters
3: Subsection (2)﻿(c) does not authorise a fishery officer to exercise any powers under this Act in respect of any foreign vessel or any person aboard any such vessel unless the fishery officer—
a: believes on reasonable grounds that any person on board the vessel has committed an offence in New Zealand fisheries waters; and
b: is in fresh pursuit of, or has freshly pursued, the vessel; and
c: commenced that pursuit in New Zealand fisheries waters.
4: In this section, freshly pursued pursued without interruption section 6 fresh pursuit 1983 No 14 s 79(1)﻿(f) Section 215(2)﻿(c) amended 1 October 2001 section 20 Fisheries (Remedial Issues) Amendment Act 1998 Section 215(4) inserted 21 May 2022 section 54 Maritime Powers Act 2022 Provisions relating to exercise of powers
216: Protection against self-incrimination
Nothing in this Part shall be construed so as to require any person to answer any question tending to incriminate himself or herself. 1983 No 14 s 79(3)
217: Fishery officer to provide identification
A fishery officer or high seas fishery inspector or high seas fishery inspector or high seas fishery inspector 1983 No 14 s 79(5) Section 217 amended 1 October 2001 section 20 Fisheries Act 1996 Amendment Act (No 2) 1999
218: Production of warrant to be sufficient authority to act
The production by a fishery officer, honorary fishery officer, or examiner of a warrant issued to him or her under section 198 Section 218 substituted 1 October 2001 section 21 Fisheries Act 1996 Amendment Act (No 2) 1999
219: Persons to assist fishery officer
or high seas fishery inspector
1: Any fishery officer or high seas fishery inspector
2: All persons called upon to assist any fishery officer or high seas fishery inspector 1983 No 14 s 81 Section 219 amended 1 October 2001 section 22 Fisheries Act 1996 Amendment Act (No 2) 1999 Section 219(1) amended 1 October 2001 section 22 Fisheries Act 1996 Amendment Act (No 2) 1999 Section 219(2) amended 1 October 2001 section 22 Fisheries Act 1996 Amendment Act (No 2) 1999
220: Protection of fishery officer
or high seas fishery inspector
1: No fishery officer or high seas fishery inspector
2: A person who, in acting under the directions of a fishery officer in accordance with section 196(3) or under the directions of a high seas fishery inspector under section 113Q(3)
3: A person who, while assisting a fishery officer or high seas fishery inspector section 219
4: The Crown may not be held directly or indirectly liable for an act or omission of any such fishery officer, high seas fishery inspector, or person, unless the officer, inspector, or person would himself or herself incur liability for the act or omission.
5: This section is subject to sections 164 to 168 1983 No 14 s 83 Section 220 amended 1 October 2001 section 23 Fisheries Act 1996 Amendment Act (No 2) 1999 Section 220(1) amended 1 October 2001 section 23(1) Fisheries Act 1996 Amendment Act (No 2) 1999 Section 220(2) amended 1 October 2001 section 23(2) Fisheries Act 1996 Amendment Act (No 2) 1999 Section 220(3) amended 1 October 2001 section 23(3) Fisheries Act 1996 Amendment Act (No 2) 1999 Section 220(4) substituted 1 October 2001 section 23(4) Fisheries Act 1996 Amendment Act (No 2) 1999 Section 220(5) inserted 1 October 2012 section 251(4) Search and Surveillance Act 2012
221: Complaints against fishery officers
or high seas fishery inspectors
1: A person may lodge a complaint in writing with the chief executive if the person believes that a fishery officer or a high seas fishery inspector is guilty of misconduct or neglect of duty in the exercise, or alleged exercise, of—
a: a power conferred on fishery officers by this Part; or
b: any other powers conferred on high seas fishery inspectors by Part 6A
2: Every such complaint shall contain details of the alleged misconduct or neglect of duty and the chief executive may, in order to satisfy himself or herself as to the nature of the complaint, require further particulars from the complainant.
3: The chief executive shall, after receiving a complaint made in accordance with this section and further particulars (if any),—
a: notify the fishery officer or high seas fishery inspector
b: subject to subsection (6), appoint an investigator to investigate the complaint in accordance with this section.
4: The investigator shall notify the fishery officer or high seas fishery inspector
5: The chief executive must, after receiving the investigator's report and after giving the fishery officer or high seas fishery inspector concerned the opportunity to comment on it,—
a: decide whether the complaint should be upheld in whole or in part; and
b: notify the fishery officer, or high seas fishery inspector, and the complainant of the chief executive's decision.
6: If the chief executive is satisfied that a complaint may, if proven, amount to serious misconduct or serious neglect of duty, the investigator appointed under subsection (3)﻿(b) to inquire into the complaint and report in accordance with subsection (4) shall be a person who—
a: is not an employee of the Ministry; and
b: has held a practising certificate as a barrister or solicitor for at least 7 years.
7: The investigator referred to in subsection (6) has the same powers as are conferred on a Commission of Inquiry by the Commissions of Inquiry Act 1908 sections 11 12
8: Nothing in this section requires the chief executive to investigate any complaint which he or she considers is frivolous or vexatious. Section 221 substituted 1 October 2001 section 24 Fisheries Act 1996 Amendment Act (No 2) 1999 Section 221(1) substituted 1 October 2001 section 24(1) Fisheries Act 1996 Amendment Act (No 2) 1999 Section 221(3)﻿(a) amended 1 October 2001 section 24(2) Fisheries Act 1996 Amendment Act (No 2) 1999 Section 221(4) amended 1 October 2001 section 24(2) Fisheries Act 1996 Amendment Act (No 2) 1999 Section 221(5) substituted 1 October 2001 section 24(3) Fisheries Act 1996 Amendment Act (No 2) 1999 Examiners
222: Examiners
1: The chief executive may appoint any person to be an examiner to assist in the enforcement and administration of Part 10
2: Any appointment under subsection (1) may, but is not required to, be made under the Public Service Act 2020
3: Each examiner appointed under this section shall be issued with a warrant under section 198 1983 No 14 s 67B 1986 No 34 s 13(1) 1990 No 29 s 33 Section 222(2) amended 7 August 2020 section 135 Public Service Act 2020
12: Observer programme
223: Observer programme established
1: The observer programme is established for the purposes of—
a: collecting reliable and accurate information for fisheries research, fisheries management, and fisheries enforcement:
b: collecting reliable and accurate information about vessel safety and employment on fishing vessels:
c: collecting reliable and accurate information about compliance with maritime rules relating to pollution and the discharge of waste material from vessels.
2: The chief executive may appoint any person to be an observer for the purposes of the observer programme under subsection (1), and an observer so appointed has all the powers of an observer under sections 225 227
3: The chief executive may place any observer appointed under this section on any vessel to—
a: observe fishing and the transhipment, transportation, and landing of fish, aquatic life, or seaweed; and
b: collect reliable and accurate information specified in subsection (1).
4: An observer may collect any information on fisheries resources, fishing (including catch and effort information), the effect of fishing on the aquatic environment, and the transportation of fish, aquatic life, or seaweed, or on any other matter,
a: the species, quantity, size, age, and condition of fish, aquatic life, or seaweed taken:
b: the methods by which, the areas in which, and the depths at which, fish, aquatic life, or seaweed are taken:
c: the effects of fishing methods on fish, aquatic life, seaweed, and the aquatic environment (including seabirds and protected species):
d: all aspects of the operation of any vessel (including any matter relating to vessel safety, the employment of any person on the vessel, or maritime rules relating to pollution and the discharge of waste material from vessels)
e: processing, transportation, transhipment, storage, or disposal of any fish, aquatic life, seaweed, waste, or any other matter
f: any other matter that may assist the chief executive or the Minister to obtain, analyse, or verify information for the purposes of fisheries research, fisheries management, and fisheries enforcement:
g: any other matter that may assist any person, department, or agency with statutory responsibilities for vessel safety, employment matters, or maritime rules relating to pollution and the discharge of waste material from vessels to obtain, analyse, or verify information relevant to those responsibilities.
5: No fishery officer or any person with the powers of a fishery officer shall be appointed under subsection (2).
6: No person shall be deemed to be employed in the service of the Crown by reason of that person having been appointed as an observer. 1983 No 14 ss 67C 67D 1986 No 34 s 13(1) Section 223(1) replaced 8 August 2014 section 11(1) Fisheries (Foreign Charter Vessels and Other Matters) Amendment Act 2014 Section 223(3) replaced 8 August 2014 section 11(2) Fisheries (Foreign Charter Vessels and Other Matters) Amendment Act 2014 Section 223(4) amended 8 August 2014 section 11(3) Fisheries (Foreign Charter Vessels and Other Matters) Amendment Act 2014 Section 223(4)﻿(d) amended 8 August 2014 section 11(4) Fisheries (Foreign Charter Vessels and Other Matters) Amendment Act 2014 Section 223(4)﻿(e) amended 8 August 2014 section 11(5) Fisheries (Foreign Charter Vessels and Other Matters) Amendment Act 2014 Section 223(4)﻿(g) inserted 8 August 2014 section 11(6) Fisheries (Foreign Charter Vessels and Other Matters) Amendment Act 2014
224: Chief executive to give notice of intention to place observer on vessel
1: Before placing any observer on a vessel, the chief executive shall give the owner, master, operator, or licence holder, of or in respect of the vessel, reasonable notice of his or her intention to place observers on the vessel.
2: Upon receipt of a notice given under subsection (1), no person shall cause or allow the vessel to which the notice relates to put to sea without having on board the number of observers specified in the notice given under that subsection.
3: Every person commits an offence and is liable to the penalty set out in section 252(3)
4: For the purposes of this section, the term reasonable notice 1983 No 14 s 67E 1986 No 34 s 13(1)
225: Powers of observers and obligations of persons on vessels carrying observers
1: The owner, master, or operator of any vessel, or licence holder in respect of any vessel, on which an observer is placed under this Part shall allow the observer, at any reasonable time, having regard to the operations of the vessel, to—
a: have access to the fishing gear and the storage and processing facilities on the vessel:
b: have access to any fish, aquatic life, or seaweed (including seabirds and protected species) on board the vessel:
c: have access to the bridge and the navigation and communications equipment of the vessel:
d: have access to the logs and records of the vessel, whether required to be carried and maintained by or under this Act or otherwise:
da: have access to any safety equipment and to any document concerning the manufacture or operation of the equipment:
db: have access to any person engaged or employed to do work on the vessel so that, if the observer so wishes, the observer may discuss with that person any matter concerning his or her engagement or employment on the vessel:
e: receive and transmit messages and communicate with the shore and other vessels:
f: take, measure, and retain samples or whole specimens of any fish, aquatic life, seaweed, or any seabird or protected species caught:
g: store samples and whole specimens on the vessel, including samples and whole specimens held in the vessel's freezing facilities.
2: Every person on board a vessel on which there is an observer commits an offence, and is liable to the penalty set out in section 252(3)
a: fails to provide reasonable assistance to enable the observer to exercise powers under subsection (1); or
b: hinders or prevents the observer exercising those powers. 1983 No 14 s 67F 1986 No 34 s 13(1) Section 225(1)﻿(da) inserted 8 August 2014 section 12 Fisheries (Foreign Charter Vessels and Other Matters) Amendment Act 2014 Section 225(1)﻿(db) inserted 8 August 2014 section 12 Fisheries (Foreign Charter Vessels and Other Matters) Amendment Act 2014
226: Food and accommodation to be provided for observers
1: The owner, master, or operator of any vessel, or licence holder in respect of any vessel, on which an observer is placed under this Part shall provide food, accommodation, and access to any cooking and toilet facilities and amenities to an approved standard and free of charge.
2: Every person commits an offence and is liable to the penalty set out in section 252(5) 1983 No 14 s 67G(1) 1986 No 34 s 13(1)
227: Supervision by observers of transhipments, dumping of fish, and operation of conversion factors
1: If an observer is on board a vessel—
a: from which, or to which, any fish, aquatic life, or seaweed are transhipped; or
b: from which any fish, aquatic life, or seaweed subject to the quota management system are returned to or abandoned in the sea; or
c: in respect of which any conversion factor certificate may be or has been given under section 188(2)
d: which is taking or has taken fish, aquatic life, or seaweed outside New Zealand fisheries waters,— the master of the vessel or, in the case of transhipment, the master of each vessel, shall provide such information, and shall allow the observer to carry out such inspections (including sampling and measuring) of the vessel, any fish, aquatic life, or seaweed, taken, processed, transhipped, or landed, and documents, as the observer may require for the purpose of—
e: observing the transhipment, abandonment, or return to sea; or
f: collecting information on the method of processing, and performance of the vessel in undertaking such processing, in order to determine or monitor any conversion factor; or
g: observing the fishing activities of the vessel and the landing and disposal of its catch; or
h: taking, measuring, and retaining samples or whole specimens of any fish, aquatic life, seaweed, seabirds, or protected species caught.
2: An observer may take and make copies of such records, documents, or information as the observer may require for the purposes of subsection (1).
3: An observer may store in the vessel's freezing facilities such samples and whole specimens of any fish, aquatic life, seaweed, seabirds, or protected species as the observer may require for the purposes of subsection (1).
4: Every person commits an offence and is liable to the penalty set out in section 252(3) 1983 No 14 s 67H 1990 No 29 s 36
227A: Installation and maintenance of equipment on vessels may be required
1: The chief executive may require, in relation to any vessel, that specified equipment to observe fishing and related activities described in paragraph (e) of the definition of fisheries services in section 2(1) section 297(1)﻿(ca)
2: Subsection (1) includes power to require that specified equipment be operated throughout or at any time during a vessel’s voyage. Section 227A inserted 8 August 2014 section 13 Fisheries (Foreign Charter Vessels and Other Matters) Amendment Act 2014 Section 227A(1) amended 1 November 2022 section 10(1) Fisheries Amendment Act 2022 Section 227A(2) inserted 1 November 2022 section 10(2) Fisheries Amendment Act 2022
13: Offences and penalties
228: Breach of conditions or requirements
1: Every person commits an offence who contravenes, or fails to comply with,—
a: any sustainability measure implemented by notice in the Gazette section 11(4)﻿(b)﻿(i)
b: any condition or requirement imposed by the chief executive in respect of any consent, approval, authority, permission, or certificate issued or granted under this Act (other than a requirement to pay a sum of money).
2: Every person who commits an offence against subsection (1) is liable to the penalty set out in section 252(5) 1983 No 14 ss 93 107 1986 No 34 s 27(1) 1990 No 29 s 51 Section 228(1) substituted 1 October 2000 section 51 Fisheries Act 1996 Amendment Act 1999
229: Obstructing fishery officers
1: Every person commits an offence who—
a: resists or obstructs, or aids, abets, incites, or encourages any other person to resist or obstruct,—
i: any fishery officer executing his or her powers or duties; or
ii: any person assisting a fishery officer in accordance with section 219
iii: any person acting under the directions of a fishery officer in accordance with section 196(3)
b: uses threatening language or behaves in a threatening manner towards—
i: any fishery officer executing his or her powers or duties; or
ii: any person assisting a fishery officer in accordance with section 219
iii: any person acting under the directions of a fishery officer in accordance with section 196(3)
c: fails to comply with any lawful requirement of any fishery officer; or
d: provides to any fishery officer any particulars that are false or misleading in any material respect; or
e: personates or falsely claims to be a fishery officer or a person lawfully assisting a fishery officer.
2: Every person who refuses to allow any fishery officer, any person assisting a fishery officer in accordance with section 219 section 196(3)
3: For the avoidance of doubt, this section applies whenever a fishery officer exercises powers under section 215
4: Every person who commits an offence against subsection (1) is liable to the penalty set out in section 252(3) 1983 No 14 ss 95 107 1986 No 34 s 27(1) 1990 No 29 s 51
230: Neglect or refusal to supply particulars, and improper divulging of information
1: Every person commits an offence who—
a: fails to keep, or provide, any accounts or records, or who neglects or refuses to provide any records, return, or information, when lawfully requested or required to do so under this Act; or
b: makes any false or misleading statement, or omits any material information, in any communication, application, record, or return prescribed by or in accordance with this Act, or required for its administration.
2: Every person who commits an offence against subsection (1) is liable to the penalty set out in section 252(3) 1983 No 14 ss 96 107 1986 No 34 s 27(1)
231: Knowingly making false statement or using false document to obtain benefit
1: A person commits an offence if the person knowingly, for the purpose of obtaining any benefit under this Act,—
a: makes any false or misleading statement; or
b: omits any information— in any communication, application, record, or return prescribed by or in accordance with this Act, or required for its administration.
2: Every person commits an offence who knowingly, for the purpose of obtaining any benefit under this Act,—
a: uses, deals with, or acts upon; or
b: causes any other person to use, deal with, or act upon— any false communication, application, record, or return prescribed by or in accordance with this Act, or required for its administration.
3: Every person who commits an offence against subsection (1) or subsection (2) is liable to the penalty set out in section 252(1) Section 231 amended 1 October 2001 section 52 Fisheries Act 1996 Amendment Act 1999 Section 231(1) substituted 1 October 2001 section 52 Fisheries Act 1996 Amendment Act 1999
232: Buying, selling, or possessing fish contrary to Act
1: Every person commits an offence who buys, sells, or possesses any fish, aquatic life, or seaweed taken in contravention of this Act.
2: Every person commits an offence who buys, sells, or possesses any fish, aquatic life, or seaweed the taking or landing of which has not been recorded or reported in accordance with this Act.
3: For the purposes of subsections (1) and (2), fish, aquatic life, or seaweed shall be deemed to be sold if it forms part of a meal and either—
a: payment is made for that meal or any part of the meal; or
b: the meal is supplied to any person who is employed by the person by whom the meal is supplied (whether in accordance with the terms of a contract of service or otherwise).
4: Every person who commits an offence against subsection (1) or subsection (2) is liable to the penalty set out in section 252(3) 1983 No 14 ss 97 107 1986 No 34 s 27(1)
233: Knowingly acting in contravention of Act to obtain a benefit
1: Every person commits an offence who obtains any benefit by knowingly taking, possessing, receiving, procuring, processing, conveying, selling, or otherwise dealing with any fish, aquatic life, or seaweed otherwise than in accordance with this Act.
2: Every person commits an offence who, with the intention of obtaining any benefit, knowingly takes, possesses, receives, procures, processes, conveys, sells, or otherwise deals with any fish, aquatic life, or seaweed otherwise than in accordance with this Act.
3: For the purposes of this section, benefit
4: Every person who commits an offence against subsection (1) or subsection (2) is liable to the penalty set out in section 252(1) Section 233 substituted 19 March 2004 section 6 Fisheries Amendment Act 2004
234: Using hazardous substance to catch or destroy fish
1: Every person commits an offence who uses, in any New Zealand fisheries waters, any narcotic or hazardous substance or electric fishing device for the purpose of taking any fish, aquatic life, or seaweed.
2: Every person who commits an offence against subsection (1) is liable to the penalty set out in section 252(5) 1983 No 14 ss 98 107 1986 No 34 s 27(1)
235: Knowingly permitting premises to be used for offence against Act
1: Every person commits an offence who knowingly permits any premises to be used for the commission of an offence against this Act.
2: Every person convicted of an offence against subsection (1) is liable to the same penalty as that set out in section 252 1983 No 14 ss 98A 107 1990 No 29 s 45 Proceedings, defences, etc
236: Proceedings for offences
1: Any offence against this Act shall be deemed to have been committed in New Zealand.
2: Despite anything to the contrary in section 25
a: ends on the date that is 12 months after the date on which the offence was committed if the offence is one for which the maximum fine does not exceed $10,000:
b: ends on the date that is 2 years after the date on which the offence was committed if the offence is one for which the maximum fine exceeds $10,000.
3: No prosecution for an offence against this Act may be commenced except by—
a: the chief executive; or
b: the chief executive of the department for the time being responsible for the administration of the Conservation Act 1987
c: any fishery officer; or
d: the Fish and Game Council in any district in which an offence has been committed or an offender is found. Section 236(2) replaced 1 July 2013 section 413 Criminal Procedure Act 2011 Section 236(3) added 1 October 2001 section 53 Fisheries Act 1996 Amendment Act 1999
237: Summons may be served on agent of foreign vessel
1: Any summons in respect of an offence against this Act that relates to any foreign fishing vessel or foreign-owned New Zealand fishing vessel or foreign-operated fish carrier shall be deemed to have been served on the defendant in accordance with rules made under the Criminal Procedure Act 2011 permitted by those rules
a: the operator of any foreign-owned New Zealand fishing vessel or any foreign-operated fish carrier; or
b: the foreign charterparty of any foreign-owned New Zealand fishing vessel; or
c: the operator of any foreign fishing vessel.
2: For the purposes of subsection (1), the authorised agent shall be the person nominated as authorised agent at the time of registration or licensing of the vessel, as the case may be, whether or not the vessel is currently registered or licensed under this Act. 1983 No 14 s 104(1), (2), (3), (6) 1987 No 117 s 11(1) Section 237(1) amended 1 July 2013 section 413 Criminal Procedure Act 2011
238: Charges
1: If 2 or more charging documents charging a defendant with any offence against this Act have been filed, the court may, despite any other enactment or rule of law, order that any specified charges be tried together, if satisfied that—
a: either—
i: the offences are founded on the same set of facts; or
ii: the offences form, or are part of, a series of offences of the same character or similar character; and
b: it is in the interests of justice that the charges be tried together.
2: If the court has made an order under subsection (1), the court may, at any subsequent time, direct that any charge
3: For the purposes of this section, in considering whether it is in the interests of justice to hear any charges charge charges charge charges 1983 No 14 s 104A 1992 No 90 s 17 Section 238 heading amended 1 July 2013 section 413 Criminal Procedure Act 2011 Section 238(1) replaced 1 July 2013 section 413 Criminal Procedure Act 2011 Section 238(2) amended 1 July 2013 section 413 Criminal Procedure Act 2011 Section 238(3) amended 1 July 2013 section 413 Criminal Procedure Act 2011
239: Charging document
1: Any charging document may, notwithstanding section 17
2: If any charging document charging document
3: All such charges shall be heard together unless the court, either before or at any time during the hearing, considers it just that any charge should be heard separately and makes an order to that effect. 1992 No 13 s 166(5)–(7) Section 239 heading amended 1 July 2013 section 413 Criminal Procedure Act 2011 Section 239(1) amended 1 July 2013 section 413 Criminal Procedure Act 2011 Section 239(2) amended 1 July 2013 section 413 Criminal Procedure Act 2011
240: Strict liability
In any proceedings for an offence against this Act it is not necessary for the prosecution to prove that the defendant intended to commit the offence, except in the case of an offence against any of sections 78A(8) and (9) 79A(8) and (9) 231 233 235 257(2) 296B(5) 296ZC(3)﻿(b) and (c) Section 240 substituted 1 October 2001 section 22 Fisheries Amendment Act 2001
241: Defence available under this Act
1: Subject to this section, it is a defence in any proceedings for an offence against this Act (other than an offence against section 231 section 233 section 235 or section 257(2) section 296B(5) section 296ZC(3)﻿(b) or (c)
a: that—
i: the contravention was due to the act or default of another person, or to an accident or to some other cause beyond the defendant's control; and
ii: the defendant took reasonable precautions and exercised due diligence to avoid the contravention; and
b: in the case of an offence concerning the taking of any fish, aquatic life, or seaweed in contravention of any provision of this Act prohibiting the taking, or requiring the taking to be under the authority of a licence, permit, or other authorisation issued under this Act
i: the defendant immediately returned the fish, aquatic life, or seaweed to the waters from which they were taken except where such return was prohibited by this Act; and
ii: the defendant complied with all the material
2:
3: A defendant is not, without leave of the court, entitled as part of a defence provided by this section to rely on any of the matters specified in subsection (1)﻿(a) unless the defendant has, not later than 7 days before the date on which the hearing of the proceedings commences, served on the prosecutor Section 241(1) amended 1 October 2001 section 55(1)﻿(a) Fisheries Act 1996 Amendment Act 1999 Section 241(1)﻿(b) amended 1 October 2001 section 55(1)﻿(b) Fisheries Act 1996 Amendment Act 1999 Section 241(1)﻿(b)﻿(ii) amended 1 October 2001 section 55(1)﻿(c) Fisheries Act 1996 Amendment Act 1999 Section 241(2) repealed 1 October 2001 section 55(2) Fisheries Act 1996 Amendment Act 1999 Section 241(3) amended 1 July 2013 section 413 Criminal Procedure Act 2011
242: Defence for all quota management stocks
Section 242 repealed 9 September 1999 section 85(i) Fisheries Act 1996 Amendment Act 1999
243: Defence for specified quota management stocks
Section 243 repealed 9 September 1999 section 85(i) Fisheries Act 1996 Amendment Act 1999
244: Liability of body corporate
If, in the course of any proceedings against a body corporate for an offence against this Act, it is necessary to establish the state of mind of the body corporate, it is sufficient to show that a director, employee, or agent of the body corporate, acting within the scope of that person's actual or apparent authority, had that state of mind.
245: Liability of companies and persons for actions of agent or employees
1: Any act or omission on behalf of a person other than a body corporate by—
a: an agent or employee of that person, or the master or any member of the crew of a vessel registered in the name of that person (whether as operator or notified user); or
b: any person at the direction or with the consent or agreement, whether express or implied, of any person referred to in paragraph (a),— shall be deemed, for the purpose of this Act, also to be the act or omission of the first-mentioned person.
2: Any act or omission on behalf of a body corporate by—
a: a director, agent, or employee of that body corporate, or the master or any member of the crew of a vessel registered in the name of that body corporate (whether as operator or notified user); or
b: any other person at the direction or with the consent or agreement, whether express or implied, of any person referred to in paragraph (a)— shall be deemed, for the purpose of this Act, to also be the act or omission of the body corporate.
3: If any person or body corporate is charged in relation to the act or omission of a person referred to in paragraph (a) or paragraph (b) of subsection (1) or paragraph (a) or paragraph (b) of subsection (2), any defence available under section 241
a: any likely or possible benefit accruing to, or detriment suffered by, the person or body corporate from the act or omission in respect of which the proceedings are brought, had the alleged offence remained undetected; and
b: the purpose or motive of the relevant person referred to in paragraph (a) or paragraph (b) of subsection (1) or paragraph (a) or paragraph (b) of subsection (2); and
c: the relationship between the person or body corporate and the relevant person referred to in paragraph (a) or paragraph (b) of subsection (1) or paragraph (a) or paragraph (b) of subsection (2), or between the person or body corporate and any person appearing or likely to benefit from the alleged offence; and
d: in the case of a body corporate, whether or not any person responsible for, or closely associated with, the management of the body corporate appears to have benefited from the act or omission, or would have been likely to benefit if the alleged offence had remained undetected ; and
e: whether or not the person or body corporate had taken all reasonable steps and exercised due diligence to control the activities of the relevant person referred to in subsection (1)﻿(a) or (b) or subsection (2)﻿(a) or (b), to ensure that the act or omission did not occur.
4: For the purposes of this section,—
a: a person may act as an agent of another person or body corporate whether or not the first-mentioned person is employed by the other person or body corporate and whether or not acting for reward:
b: any agent or employee of a person acting as an agent shall be deemed to be also acting as an agent for the other person or body corporate referred to in paragraph (a). 1983 No 14 s 105C 1990 No 29 s 51 Section 245(3)﻿(d) amended 1 October 2001 section 56(1) Fisheries Act 1996 Amendment Act 1999 Section 245(3)﻿(e) added 1 October 2001 section 56(2) Fisheries Act 1996 Amendment Act 1999
246: Liability of directors and managers
1: If a body corporate commits an offence against this Act, every director, and every person concerned in the management of the body corporate, also commits an offence if it is proved that—
a: the act or omission that constituted the offence took place with the director's or person's authority, permission, or consent; or
b: the director or person knew or should have known that the offence was to be or was being committed and failed to take all reasonable steps to prevent or stop it.
2: Every person to whom subsection (1) applies is liable on conviction to the appropriate penalty specified by this Act in respect of the provision creating the offence.
3: A person may be convicted of an offence against this section even though the body corporate has not been charged with that offence or a similar offence. Section 246 substituted 1 October 2001 section 57 Fisheries Act 1996 Amendment Act 1999
247: Presumption as to authority
A return, record, transaction, form, application, or other information purporting to be completed, kept, or provided by or on behalf of any person shall, for the purpose of this Act, be deemed to have been completed, kept, or provided by that person unless the contrary is proved. 1983 No 14 s 105E 1990 No 29 s 51 Evidence in proceedings
248: Certificates and official documents
1: Subject to subsection (8), in any proceedings for an offence against this Act—
a: any certificate signed by any person holding a public office or exercising a function of a public nature under the law of New Zealand or of a foreign country, stating any matter contained or not contained
b: a public document; or
c: a certified copy of a public document, which copy contains on its face a statement signed by or under the seal of any of the persons specified in paragraph (a) certifying that the document is a true copy of the relevant public document— shall be admissible in evidence and shall, in the absence of proof to the contrary, be sufficient evidence of its contents.
2: For the purposes of this Part, the term public document
a: forms part of the records of the legislative, executive, or judicial branch of the Government of New Zealand, or of a person or body holding a public office or exercising a function of a public nature under the law of New Zealand; or
b: forms part of the records of the legislative, executive, or judicial branch of the Government of a foreign country, or of a person or body holding a public office or exercising a function of a public nature under the law of a foreign country; or
c: forms part of the records of an international organisation whose membership is primarily composed of sovereign States; or
d: is being kept by or on behalf of a branch of Government, person, body, or organisation referred to in paragraph (a) or paragraph (b) or paragraph (c).
3: The imprint of a seal that appears on a public document or certificate and purports to be the imprint of the Seal of New Zealand, or the former Public Seal of New Zealand, or one of the seals of the United Kingdom on a public document or certificate relating to New Zealand, is presumed, unless the contrary is proved, to have been sealed as it purports to have been sealed.
4: The imprint of a seal that appears on a public document or certificate and purports to be the imprint of the seal of a body (including a court or tribunal) exercising a function of a public nature under the law of New Zealand is presumed, unless the contrary is proved, to be the imprint of that seal, and the public document or certificate is presumed, unless the contrary is proved, to have been sealed as it purports to have been sealed.
5: The imprint of a seal that appears on a public document or certificate and purports to be the imprint of the seal of a person holding a public office or exercising a function of a public nature under the law of New Zealand is presumed, unless the contrary is proved, to be the imprint of that seal, and the public document or certificate is presumed, unless the contrary is proved, to have been sealed as it purports to have been sealed.
6: A public document, certified copy of a public document, or certificate that purports to have been signed by a person as the holder of a public office or in the exercise of a function of a public nature under the law of New Zealand is presumed, unless the contrary is proved, to have been signed by that person acting in his or her official capacity.
7: Subject to subsection (8), if, in any proceedings for an offence against this Act, the prosecution tenders evidence that has been produced wholly or partly by a machine, device, or technical process, and the machine, device, or technical process is of a kind that ordinarily does what the prosecution asserts the machine, device, or technical process has done, then, in the absence of proof to the contrary, the evidence shall be admissible and sufficient proof that, on the relevant occasion, the machine, device, or technical process operated in the way asserted by the prosecution.
8: Any certificate referred to in subsection (1) or evidence referred to in subsection (7) shall be admissible only if—
a: at least 20 working days before the hearing at which the certificate or evidence is to be tendered, a copy of that certificate or summary of that evidence is served, by or on behalf of the prosecutor, on the defendant or the defendant's agent or counsel, and that person is at the same time informed in writing that the prosecutor does not propose to call the person who signed the certificate or summary as a witness at the hearing; and
b: the court has not, on the application of the defendant made within 10 working days after receipt of the certificate or evidence referred to in paragraph (a), ordered, not less than 5 working days before the hearing (or such lesser period as the court in the special circumstances of the case thinks fit), that the certificate or evidence is inadmissible as evidence in the proceedings.
9: The court shall not make an order under subsection (8) unless it is satisfied that there is reasonable doubt as to—
a: the accuracy of the information contained or referred to in the certificate or summary of evidence; or
b: the validity of the certificate or summary of evidence. 1983 No 14 s 106 1990 No 29 s 51 1991 No 149 s 28 1992 No 90 s 19 Section 248(1)﻿(a) amended 1 October 2001 section 24 Fisheries (Remedial Issues) Amendment Act 2001
249: Copies of accounts, records, returns, etc
1: A copy of any account, record, return, or information required to be kept, completed, or provided under this Act that purports to be certified by the chief executive
2: Any copy of a record or other document taken by a fishery officer, or any copy of such a copy, shall, subject to subsection (3), be admissible, to the same extent as the original record or document would itself be admissible, as evidence of the record or document and of any transactions, dealings, amounts, or other matters contained in the record or the document.
3: A copy of any account, record, return, or other document referred to in subsection (1) or subsection (2) (including a copy of such a copy) shall be admissible in evidence only if—
a: the prosecutor or an agent of the prosecutor serves on the defendant, or the defendant's agent or counsel, not less than 20 working days before the hearing at which it is proposed to tender the copy in evidence,—
i: notice of the prosecutor's intention to tender the copy in evidence; and
ii: a copy of the copy which is to be so tendered; and
b: the court has not, on the application of the defendant made not less than 10 working days after receipt of the copy referred to in paragraph (a), ordered, not less than 5 working days before the hearing (or such lesser period as the court in the special circumstances of the case thinks fit), that the copy is inadmissible as evidence in the proceedings.
4: The court shall not make an order under subsection (3) unless it is satisfied that there is reasonable doubt as to—
a: the accuracy of the information contained or referred to in the document; or
b: the validity of the document. 1983 No 14 s 106A 1990 No 29 s 51 Section 249(1) amended 9 September 1999 section 90(2) Fisheries Act 1996 Amendment Act 1999
250: Presumption as to master of vessel
In any proceedings for an offence against this Act, an allegation made in a charge 1983 No 14 s 106B 1990 No 29 s 51 Section 250 amended 1 July 2013 section 413 Criminal Procedure Act 2011
251: Presumptions to apply whether or not separate or further evidence adduced in support
If it is provided in this Act that any presumption is to apply in respect of any matter, the presumption shall apply, whether or not separate or further evidence is adduced by or on behalf of the prosecutor 1983 No 14 s 106C 1990 No 29 s 51 Section 251 amended 1 July 2013 section 413 Criminal Procedure Act 2011 Penalties
252: Penalties
1: Every person convicted
a: section 231(1)
b: section 231(2)
c: section 233(1) and (2)
d: section 296B(5)
e: section 296ZC(3)﻿(b)
f: section 296ZC(3)﻿(c)
2: Every person convicted of an offence against section 84(3)
3: Every person convicted of an offence against any of the following provisions of this Act is liable to a fine not exceeding $250,000:
a:
b:
c: section 78(10)
ca: section 78A(8)
cb: section 78A(9)
cc: section 79A(8)
cd: section 79A(9)
d: section 84(4)
e: section 89(12)
f: section 110(6)
g: section 112(4)
h: section 113(4)
ha: section 113A(2)
hb: section 113D(5)
hc: section 113E(3)
hd: section 113W(4)
he: section 190(2)
i: section 191(6)
j: section 192(6)
ja: section 192A(5)
k: sections 224(3) 225(2) 227(4)
l: section 229(1)
m: section 230(1)
n: section 232(1) and (2)
o: section 271(2)
p: section 296ZC(3)﻿(a)
q: section 296ZD(2)
3A: Every person convicted, whether in the same or separate proceedings, of 2 or more offences against section 72(4)﻿(a), (b), (c), or (d)
4: Every person convicted of an offence against section 257(2)
5: Every person convicted of an offence against any of the following provisions of this Act is liable to a fine not exceeding $100,000:
a: section 15(6)
b: section 16(6)
ba: section 72(4)﻿(a)﻿(ii), (b)﻿(ii), (c)﻿(ii), or (d)﻿(ii)
c: section 74(12)
d: section 92(6)
e: section 97(11)
f: section 103(7)
g: section 105(6)
ga: section 106A(10)
h: section 107(9) chief executive
ha: section 186A(8) or section 186B(7)
hb: section 113J(2)
hc: section 113L(2)
hd: section 113ZD(4)
he: section 186P(2)
i: section 226(2)
j: section 228(1) requirements
k: section 232(1) and (2)
l: section 234(1)
la: sections 312 313
m: section 368A
o: section 369
5A: Every person convicted of an offence against section 72(4)﻿(a)﻿(i), (b)﻿(i), (c)﻿(i), or (d)﻿(i)
6: Every person convicted of an offence against any of the following provisions is liable to a fine not exceeding $5,000:
a: section 113M(2)
b: section 121(3)
c: section 186A(8) or section 186B(7)
ca: section 186N(3)
d: section 288(5)
7: Notwithstanding anything in the Sentencing Act 2002 section 4(1) 1983 No 14 s 107 1990 No 29 s 51 Section 252(1) amended 1 July 2013 section 413 Criminal Procedure Act 2011 Section 252(1)﻿(c) substituted 19 March 2004 section 7 Fisheries Amendment Act 2004 Section 252(1)﻿(d) added 1 October 2001 section 58(1) Fisheries Act 1996 Amendment Act 1999 Section 252(1)﻿(e) added 1 October 2001 section 58(1) Fisheries Act 1996 Amendment Act 1999 Section 252(1)﻿(f) added 1 October 2001 section 58(1) Fisheries Act 1996 Amendment Act 1999 Section 252(3)﻿(a) repealed 1 October 2001 section 58(2) Fisheries Act 1996 Amendment Act 1999 Section 252(3)﻿(b) repealed 1 November 2022 section 11(1) Fisheries Amendment Act 2022 Section 252(3)﻿(c) substituted 1 October 2001 section 23(1) Fisheries Amendment Act 2001 Section 252(3)﻿(ca) substituted 1 October 2001 section 23(1) Fisheries Amendment Act 2001 Section 252(3)﻿(cb) inserted 1 October 2001 section 23(1) Fisheries Amendment Act 2001 Section 252(3)﻿(cc) inserted 1 October 2001 section 23(1) Fisheries Amendment Act 2001 Section 252(3)﻿(cd) inserted 1 October 2001 section 23(1) Fisheries Amendment Act 2001 Section 252(3)﻿(ha) inserted 1 October 2001 section 25(1) Fisheries Act 1996 Amendment Act (No 2) 1999 Section 252(3)﻿(hb) inserted 1 October 2001 section 25(1) Fisheries Act 1996 Amendment Act (No 2) 1999 Section 252(3)﻿(hc) inserted 1 October 2001 section 25(1) Fisheries Act 1996 Amendment Act (No 2) 1999 Section 252(3)﻿(hd) inserted 1 October 2001 section 25(1) Fisheries Act 1996 Amendment Act (No 2) 1999 Section 252(3)﻿(he) inserted as (ha) 23 June 1998 section 21(1) Fisheries (Remedial Issues) Amendment Act 1998 Section 252(3)﻿(he) number substituted 1 October 2001 section 23(2) Fisheries Amendment Act 2001 Section 252(3)﻿(ja) inserted 1 January 2005 section 11(1) Fisheries Amendment Act (No 3) 2004 Section 252(3)﻿(o) added 1 October 2001 section 58(4) Fisheries Act 1996 Amendment Act 1999 Section 252(3)﻿(p) added 1 October 2001 section 58(4) Fisheries Act 1996 Amendment Act 1999 Section 252(3)﻿(q) added 1 October 2001 section 58(4) Fisheries Act 1996 Amendment Act 1999 Section 252(3A) inserted 1 November 2022 section 11(2) Fisheries Amendment Act 2022 Section 252(5)﻿(ba) inserted 1 November 2022 section 11(3) Fisheries Amendment Act 2022 Section 252(5)﻿(ga) inserted 8 August 2014 section 6 Fisheries (Foreign Charter Vessels and Other Matters) Amendment Act 2014 Section 252(5)﻿(h) amended 9 September 1999 section 90(2) Fisheries Act 1996 Amendment Act 1999 Section 252(5)﻿(ha) inserted 1 October 2001 section 21(2) Fisheries (Remedial Issues) Amendment Act 1998 Section 252(5)﻿(ha) amended 1 October 2004 section 47(1) Fisheries Amendment Act (No 3) 2004 Section 252(5)﻿(hb) inserted 1 October 2001 section 25(2) Fisheries Act 1996 Amendment Act (No 2) 1999 Section 252(5)﻿(hc) inserted 1 October 2001 section 25(2) Fisheries Act 1996 Amendment Act (No 2) 1999 Section 252(5)﻿(hd) inserted 1 October 2001 section 25(2) Fisheries Act 1996 Amendment Act (No 2) 1999 Section 252(5)﻿(he) inserted 1 January 2005 section 11(2) Fisheries Amendment Act (No 3) 2004 Section 252(5)﻿(j) amended 1 October 2001 section 58(5) Fisheries Act 1996 Amendment Act 1999 Section 252(5)﻿(la) inserted 1 October 2001 section 21(3) Fisheries (Remedial Issues) Amendment Act 1998 Section 252(5)﻿(m) added 1 April 1998 section 9 Fisheries (Foveaux Strait Dredge Oyster Fishery) Amendment Act 1998 Section 252(5)﻿(o) added 1 October 2001 section 21(4) Fisheries (Remedial Issues) Amendment Act 1998 Section 252(5A) inserted 1 November 2022 section 11(4) Fisheries Amendment Act 2022 Section 252(6) substituted 1 October 2001 section 23(3) Fisheries Amendment Act 2001 Section 252(6)﻿(c) amended 1 October 2004 section 47(2) Fisheries Amendment Act (No 3) 2004 Section 252(6)﻿(ca) inserted 1 January 2005 section 11(3) Fisheries Amendment Act (No 3) 2004 Section 252(7) amended 30 June 2002 section 186 Sentencing Act 2002
253: Imprisonment of foreign persons
1: In the absence of an agreement to the contrary made between the Government of New Zealand and the Government of another country, nothing in this Act shall be construed as authorising the imposition of a term of imprisonment on any person (other than a New Zealand citizen or a person entitled to reside in New Zealand indefinitely) who is convicted of an offence against this Act in respect of a foreign fishing vessel.
2: If, but for subsection (1), a person would be liable to suffer imprisonment for the commission of any offence, the person shall instead of such imprisonment be liable on Section 253(2) amended 1 July 2013 section 413 Criminal Procedure Act 2011
254: Matters to be taken into account by court in sentencing
If any person is convicted of an offence against this Act, the court shall, in imposing sentence, take into account the purpose of this Act and shall have regard to—
a: the difficulties inherent in detecting fisheries offences; and
b: the need to maintain adequate deterrents against the commission of such offences.
255: Interpretation—forfeiture provisions
1: In sections 255A to 256 associated quota offender
a: all quota owned by any person that is a subsidiary of the offender within the meaning of section 5
b: if the offender has, in the fishing year in which the offence was committed or the immediately preceding fishing year,—
i: gained any benefit from any quota of a stock ( stock A
ii: that quota is owned by any company of which the offender is a subsidiary (the holding company all quota of every stock of the species or group of species comprised in stock A owned by the holding company or any subsidiary of the holding company at the date the offence was committed:
c: any other quota not owned by the holding company or any subsidiary of the offender or any subsidiary of the holding company, but over which the offender had effective control at the date the offence was committed fish and any proceeds from the sale of such fish section 207 section 212 property used in the commission of the offence
a: means any vessel, vehicle or other conveyance, fishing gear, implement, appliance, material, container, goods, equipment, or thing used in respect of the commission of the offence (whether or not seized under section 207
b: does not include any quota, associated quota, or annual catch entitlement quota
a: in relation to a person convicted of an offence (the offender
b: in relation to any other person, means the number of quota shares for each stock that is equivalent to the number owned by the person for the stock at the date the offender committed the offence serious non-commercial offence section 297
2: For the purposes of paragraph (c) of the definition of associated quota, a person may have had effective control of quota whether or not the person had—
a: any legal or equitable interest in the quota; or
b: any right, power, or privilege in connection with the quota,— and those interests, rights, powers, or privileges may be determined without regard to the form of any entities in which they are owned or held.
3: Without limiting the generality of paragraph (c) of the definition of associated quota, in determining whether an offender had effective control over quota, regard may be had to the following matters:
a: shareholdings in, debentures over, or directorships of, any company that had an interest (whether direct or indirect) in the quota:
b: any trust that had a relationship to the quota:
c: family, domestic, and business relationships between persons who had an interest in quota, or in companies of the kind referred to in paragraphs (a) and (b) of the definition of associated quota, and any other persons:
d: whether one person was accustomed to following the instructions of the other person in respect of the quota they own:
e: whether one person was accustomed to acting in a manner consistent with advancing the interests of the other person in respect of the quota they own.
4: No quota owned by Te Ohu Kai Moana Trustee Limited
5: No quota owned by any person is associated quota merely because of any relationship between that person and Te Ohu Kai Moana Trustee Limited Te Ohu Kai Moana Trustee Limited
6: No quota owned by any bank registered under the Banking (Prudential Supervision) Act 1989
7: No quota owned by any licensed NBDT (within the meaning of section 4(1) Section 255 substituted 1 October 2001 section 24 Fisheries Amendment Act 2001 Section 255(4) amended 29 November 2004 section 214 Maori Fisheries Act 2004 Section 255(5) amended 29 November 2004 section 214 Maori Fisheries Act 2004 Section 255(6) amended 1 July 2022 section 300(1) Reserve Bank of New Zealand Act 2021 Section 255(7) inserted 8 September 2018 section 55 Statutes Amendment Act 2018
255A: Forfeiture for infringement offence
1: Subsection (2) applies if an infringement notice is issued to a person in respect of an infringement offence against this Act (other than an offence in respect of the taking or possession of fish or another animal that is aquatic life by a commercial fisher)
a: the infringement fee for the offence is paid; or
b: a copy of a reminder notice in respect of the infringement offence is filed or a reminder notice is deemed to have been filed in a court under section 21
c: the informant and the defendant, in respect of the infringement notice, enter into an arrangement under section 21(3A)
d: the person is found guilty, or admits the commission, of the infringement offence.
2: The following are forfeit to the Crown unless (if subsection (1)﻿(d) applies) the court for special reasons relating to the offence orders otherwise:
a: any fish of an amount or quantity not exceeding 3 times the amateur individual daily prescribed limit; and
b: any proceeds from the sale of that fish. Section 255A inserted 1 October 2001 section 59 Fisheries Act 1996 Amendment Act 1999 Section 255A(1) amended 1 November 2022 Fisheries Amendment Act 2022 Section 255A(1)﻿(b) substituted 1 March 2007 section 33 Summary Proceedings Amendment Act 2006
255B: Forfeiture where person
fine exceeding $10,000 but less than $100,000
1: Subsection (2) applies in the following cases:
a:
b: where—
i: a person is charged with an infringement offence against this Act and proceedings in respect of that offence are commenced under the Criminal Procedure Act 2011
ii: the person is found guilty of, or pleads guilty to, that offence:
c: on conviction for an offence against this Act for which the person is liable to a fine not exceeding $10,000 (other than an offence referred to in section 255C
d: on conviction for an offence against this Act (other than an offence referred to in section 255C) for which the person is liable to a maximum fine exceeding $10,000 but less than $100,000
2: The following are forfeit to the Crown unless the court for special reasons relating to the offence orders otherwise:
a: any fish and any proceeds from the sale of such fish; and
b: any illegal fishing gear in respect of which the offence was committed (whether or not seized under section 207
3: On conviction of a person for an offence referred to in subsection (1)﻿(d), the court may order that any property used in the commission of the offence is forfeit to the Crown. Section 255B inserted 1 October 2001 section 59 Fisheries Act 1996 Amendment Act 1999 Section 255B heading amended 1 October 2004 section 48(a) Fisheries Amendment Act (No 3) 2004 Section 255B heading amended 30 June 2002 section 186 Sentencing Act 2002 Section 255B(1)﻿(a) repealed 30 June 2002 section 186 Sentencing Act 2002 Section 255B(1)﻿(b) replaced 1 July 2013 section 413 Criminal Procedure Act 2011 Section 255B(1)﻿(d) amended 1 October 2004 section 48(b) Fisheries Amendment Act (No 3) 2004
255C: Forfeiture for section 252(2), (3), and (5) offences, offences carrying fine of $100,000, repeat offences, and serious non-commercial offences
1: Subsection (2) applies in the following cases:
a: on conviction for an offence referred to in section 252(2) or (3) or (5) (other than an offence referred to in section 252(5)﻿(ba)
aa: on conviction for a second or subsequent offence referred to in section 252(3A)
b: on conviction for an offence against this Act for which the person is liable to a maximum fine of $100,000 (other than an offence referred to in section 252(5)﻿(ba)
c: on conviction for a serious non-commercial offence:
d: where a person has been convicted of 2 or more offences against this Act (other than an offence referred to in section 252(5)﻿(ba) or (5A)
i: the offences were committed on more than 1 occasion within a period of 3 years; and
ii: the offences were offences for which the person was liable to a fine exceeding $5,000.
2: The following are forfeit to the Crown unless the court for special reasons relating to the offence orders otherwise:
a: any fish and any proceeds from the sale of such fish; and
b: any illegal fishing gear in respect of which the offence was committed (whether or not seized under section 207
c: any property used in the commission of the offence ; and
d: in the case of a conviction for an offence under section 186P
2A: On conviction of a person for an offence referred to in section 252(5)﻿(ba)
3: On conviction of a person for an offence referred to in section 252(2), (3), (3A), or (5)﻿(ba)
a: any quota is forfeit to the Crown; and
b: any associated quota is forfeit to the Crown, unless the court is satisfied that section 255E(3B)
4: Subsections (2) and (2A) do
a: any foreign flagged vessel in respect of an offence committed outside New Zealand fisheries waters; or
b: any fish on board or property associated with such a vessel in respect of such an offence. Section 255C inserted 1 October 2001 section 59 Fisheries Act 1996 Amendment Act 1999 Section 255C(1)﻿(a) amended 1 November 2022 section 13(1) Fisheries Amendment Act 2022 Section 255C(1)﻿(aa) inserted 1 November 2022 section 13(2) Fisheries Amendment Act 2022 Section 255C(1)﻿(b) amended 1 October 2004 section 49(1) Fisheries Amendment Act (No 3) 2004 Section 255C(1)﻿(b) amended 1 November 2022 section 13(3) Fisheries Amendment Act 2022 Section 255C(1)﻿(d) amended 1 November 2022 section 13(4) Fisheries Amendment Act 2022 Section 255C(2)﻿(c) amended 1 January 2005 section 12 Fisheries Amendment Act (No 3) 2004 Section 255C(2)﻿(d) added 1 January 2005 section 12 Fisheries Amendment Act (No 3) 2004 Section 255C(2A) inserted 1 November 2022 section 13(5) Fisheries Amendment Act 2022 Section 255C(3) substituted 1 October 2001 section 25 Fisheries Amendment Act 2001 Section 255C(3) amended 1 November 2022 section 13(6) Fisheries Amendment Act 2022 Section 255C(4) added 1 October 2004 section 49(2) Fisheries Amendment Act (No 3) 2004 Section 255C(4) amended 1 November 2022 section 13(7) Fisheries Amendment Act 2022
255D: Forfeiture for section 252(1) or (4) offence
1: Subsection (2) applies on conviction for an offence referred to in section 252(1) or (4)
2: The following are forfeit to the Crown unless the court for special reasons relating to the offence orders otherwise:
a: any fish and any proceeds from the sale of such fish; and
b: any illegal fishing gear in respect of which the offence was committed (whether or not seized under section 207
c: any property used in the commission of the offence; and
d: any quota; and
e: any associated quota, unless the court is satisfied that section 255E(3B) Section 255D inserted 1 October 2001 section 59 Fisheries Act 1996 Amendment Act 1999 Section 255D(2)﻿(d) substituted 1 October 2001 section 26 Fisheries Amendment Act 2001 Section 255D(2)﻿(e) added 1 October 2001 section 26 Fisheries Amendment Act 2001
255E: General provisions relating to forfeiture
1: If any property, fish, aquatic life, seaweed, or quota is forfeited to the Crown under this Act, such property, fish, aquatic life, seaweed, or quota, despite section 168
1A: Despite subsection (1), if settlement quota is forfeit to the Crown under this Act, the quota continues to be subject to a settlement quota interest.
2: For the avoidance of doubt, any vessel used by the offender to take or transport fish, aquatic life, or seaweed must be treated as property used in the commission of the offence if the fish, aquatic life, or seaweed is the subject of an offence against—
a: section 230 section 231
b: regulations made under section 297 section 298 section 299
i: making any false or misleading statements in any return; or
ii: omitting any information in any return; or
iii: completing, keeping, or providing any return.
3: At the time of conviction of any offence against this Act, the court must determine what, if any, of the following is forfeit under any of sections 255A to 255D
a: fish and any proceeds from the sale of such fish:
b: illegal fishing gear:
c: property used in the commission of the offence:
d: quota:
e: associated quota, unless the court is satisfied that subsection (3B) applies to preclude forfeiture.
3A: Where the court is considering the forfeiture of any quota alleged to be associated quota, the court must give any person who owns that quota a reasonable opportunity to make submissions and be heard on the questions of whether—
a: the quota is associated quota; and
b: if so, whether or not the court should find in favour of the owner under subsection (3B).
3B: Where the court is satisfied that associated quota exists, forfeiture must be considered in accordance with sections 255C(3) 255D(2)
4: No person may be discharged without conviction in respect of an offence referred to in any of sections 255A to 255D
5: Nothing in any of sections 255A to 255D Part 15A Section 255E inserted 1 October 2001 section 59 Fisheries Act 1996 Amendment Act 1999 Section 255E(1A) inserted 29 November 2004 section 214 Maori Fisheries Act 2004 Section 255E(3)﻿(e) added 1 October 2001 section 27(1) Fisheries Amendment Act 2001 Section 255E(3A) inserted 1 October 2001 section 27(2) Fisheries Amendment Act 2001 Section 255E(3B) inserted 1 October 2001 section 27(2) Fisheries Amendment Act 2001 Section 255E(4) substituted 30 June 2002 section 186 Sentencing Act 2002
256: Provisions relating to forfeit property
1: In this section, unless the context otherwise requires,— forfeit property
a: fish and any proceeds from the sale of such fish; or
b: property used in the commission of the offence; or
c: quota— forfeit to the Crown under any of sections 255A to 255D interest
a: in the case of quota, an interest in the quota that is recorded on the Quota Register at the time of the forfeiture:
b: in the case of a foreign vessel, a foreign-owned New Zealand fishing vessel, or a foreign-operated fish carrier,—
i: ownership; and
ii: an interest, as determined by the Employment Relations Authority or any court, that any fishing crew have in unpaid wages; and
iii: an interest in costs incurred by a third party (other than the employer) to provide for the support and repatriation of foreign crew employed on the vessel:
c: in the case of other forfeit property, a legal or equitable interest in that forfeit property that existed at the time of the forfeiture; but does not include any interest (other than an interest referred to in paragraph (b)) in a foreign vessel, a foreign-owned New Zealand fishing vessel, or a foreign-operated fish carrier.
2: Where—
a: the forfeiture occurs under any of sections 255B to 255D
b: the forfeit property has a total estimated value of $200 or more,— the chief executive must, within 10 working days after the date of the forfeiture, publicly notify the details of the forfeit property, and the right of any person to apply to the court for relief from the effects of forfeiture.
3: Any person claiming an interest in any forfeit property may, within 35 working days after the date of the forfeiture or within such further period before the property is disposed of as the court may allow
4: Every application under subsection (3)
a: a full description of the forfeit property in which the interest is claimed, including reference to any registration or serial number; and
b: full details of the interest or interests claimed, including—
i: whether the interest is legal or equitable; and
ii: whether the interest is by way of security or otherwise; and
iii: if the interest is by way of security, details of the security arrangement and any other property included in that arrangement; and
iv: whether the interest is noted on any register maintained pursuant to statute; and
v: any other interests in the property known to the applicant; and
c:
d: the applicant's estimate of the value of the forfeit property and of the value of the claimed interest.
5: The court shall hear all applications in respect of the same property together, unless it considers that it would not be in the interests of justice to do so.
6: The court shall, in respect of every application made under subsection (3),—
a: determine the value of the forfeit property, being the amount the property would realise if sold at public auction in New Zealand; and
b: determine the nature, extent, and, if possible, the value of any applicant's interest in the property; and
c:
d: determine the cost to the Ministry of the prosecution of the offence which resulted in the forfeiture, and the seizure, holding, and anticipated cost of disposal of the forfeit property, including the court proceedings in respect of that seizure, holding, and disposal.
7: Having determined the matters specified in subsection (6), the court may, after having regard to—
a: the purpose of this Act; and
b: the effect of the offence from which the forfeiture arose on the aquatic environment from which the fish, aquatic life, or seaweed was taken or in which the vessel was operating; and
c: the effect of the offence from which the forfeiture arose on other fishers (whether commercial or otherwise) fishing in the area or for the stock in respect of which the offence occurred; and
d: the effect of offending of the type from which the forfeiture arose on the relevant aquatic environment; and
e: the effect of offending of the type from which the forfeiture arose on other fishers (whether commercial or otherwise) fishing in the area or for the stock in respect of which the offence occurred; and
f: the social and economic effects on the person who owned the property or quota, and on persons employed by that person, of non-release of the property or quota; and
g: the effect of offending of the type from which the forfeiture arose on fisheries management and administration systems (including the keeping of records and the providing of returns); and
h: the previous offending history (if any) of the person from whose conviction the forfeiture arose; and
i: the economic benefits that accrued or might have accrued to the owners of the property or quota through the commission of the offence; and
j: the prevalence of offending of the type from which the forfeiture arose; and
k: the cost to the Ministry of the prosecution of the offence which resulted in the forfeiture, and the seizure, holding, and anticipated cost of disposal of the property or quota, including the court proceedings in respect of that seizure, holding, and disposal,— and, subject to subsection (8)
8: No order shall be made under subsection (7) unless—
a: it is necessary to avoid manifest injustice or to satisfy an interest referred to in paragraph (b)﻿(ii) or (iii) of the definition of interest in subsection (1)
b:
9:
10:
11: Without limiting subsection (7), any order under that subsection may order 1 or more of the following:
a: the retention of the forfeit property by the Crown:
b: the return of some or all of the forfeit property to the owner at the time of forfeiture, with or without the prior payment to the Crown of a sum of money:
c: the sale of some or all of the forfeit property, with directions as to the manner of sale and dispersal of proceeds:
d: the delivery of some or all of the forfeit property to a person with an interest in the property, with or without directions as to payment of a sum of money to specified persons (including the Crown) prior to such delivery:
e: the reinstatement (notwithstanding the forfeiture) of any interest that was forfeit or cancelled as a result of a forfeiture.
11A: If the court makes an order under subsection (11) that relates to settlement quota, the person taking possession of that quota by order of the court may only dispose of the quota in accordance with sections 161 163
12: This section does not require the Crown to pay, or secure the payment of, any sum of money to any person claiming an interest in forfeit property, other than the net proceeds of sale of forfeit property under a court order made under subsection (7).
13: For the purpose of assisting the court in determining any application for relief, the chief executive and any employee or agent of the Ministry is entitled to appear before the court and be heard.
14: Any forfeiture under any of sections 255A to 255D 1983 No 14 s 107C 1990 No 29 s 52(1) Section 256(1) forfeit property amended 1 October 2001 section 60(2) Fisheries Act 1996 Amendment Act 1999 Section 256(1) forfeit property substituted 1 October 2001 section 60(1) Fisheries Act 1996 Amendment Act 1999 Section 256(1) interest substituted 18 September 2002 section 3(1) Fisheries (Foreign Fishing Crew) Amendment Act 2002 Section 256(2) substituted 1 October 2004 section 50 Fisheries Amendment Act (No 3) 2004 Section 256(3) amended 1 October 2001 section 60(4) Fisheries Act 1996 Amendment Act 1999 Section 256(4) amended 1 October 2001 section 60(5) Fisheries Act 1996 Amendment Act 1999 Section 256(4)﻿(c) repealed 1 October 2001 section 28(a) Fisheries Amendment Act 2001 Section 256(6)﻿(c) repealed 1 October 2001 section 28(a) Fisheries Amendment Act 2001 Section 256(7) amended 1 October 2001 section 60(7) Fisheries Act 1996 Amendment Act 1999 Section 256(8)﻿(a) amended 18 September 2002 section 3(2) Fisheries (Foreign Fishing Crew) Amendment Act 2002 Section 256(8)﻿(a) amended 1 October 2001 section 28(b) Fisheries Amendment Act 2001 Section 256(8)﻿(b) repealed 1 October 2001 section 28(c) Fisheries Amendment Act 2001 Section 256(9) repealed 1 October 2001 section 60(8) Fisheries Act 1996 Amendment Act 1999 Section 256(10) repealed 1 October 2001 section 60(8) Fisheries Act 1996 Amendment Act 1999 Section 256(11A) inserted 29 November 2004 section 214 Maori Fisheries Act 2004 Section 256(14) amended 1 October 2001 section 60(9) Fisheries Act 1996 Amendment Act 1999
257: Prohibition of fishing activity in case of reoffending
1: If any person is convicted of—
a: 2 or more offences against this Act that are offences referred to in subsection (1) or subsection (2) or subsection (3) of section 252
b: 3 or more offences that are offences referred to in subsection (1) or subsection (2) or subsection (3) or subsection (5) of section 252 (other than an offence referred to in section 252(5)﻿(ba) within a period of 7 years, the court shall, in addition to any other penalty imposed, order—
c: that the person forfeit any licence, approval, permission, or fishing permit obtained under this Act; and
d: that the person be prohibited, for a period of 3 years commencing on the date of the most recent conviction, from doing any of the following:
i: holding any licence, approval, permission, or fishing permit obtained under this Act:
ii: engaging in fishing or any activity associated with the taking of fish, aquatic life, or seaweed:
iii: deriving any beneficial income from activities associated with the taking of fish, aquatic life, or seaweed.
1A: If a person is convicted of offences against section 72(4)﻿(a), (b), (c), or (d) section 252(3A)
a: that the person forfeit any licence, approval, permission, or fishing permit obtained under this Act; and
b: that the person be prohibited, for a period of 3 years commencing on the date of the most recent conviction, from doing any of the following:
i: holding any licence, approval, permission, or fishing permit obtained under this Act:
ii: engaging in fishing or any activity associated with the taking of fish, aquatic life, or seaweed:
iii: deriving any beneficial income from activities associated with the taking of fish, aquatic life, or seaweed.
2: Every person commits an offence and is liable to the penalty set out in section 252(4) knowingly or (1A)
3: Notwithstanding subsection (1) and (1A)
4: For the purposes of this section, every conviction in respect of an offence against the Fisheries Act 1983 section 252(3)
5: For the purposes of this section, if—
a: a person is convicted of assault or of any other offence of which an assault constitutes an element, and the conviction relates to an offence committed on or after 1 April 1990; and
b: the assault was on a person who was at the time carrying out the duties of a fishery officer under this Act,— that conviction shall be deemed to be a conviction in respect of an offence against this Act that is referred to in section 252(3)
6: Subsections (1) and (4) do not apply to any offence committed by a person in respect of which—
a: a conviction was entered on or after 1 November 1990; and
b: the maximum fine on conviction for a first offence does not (or did not at the time) exceed $5,000. 1983 No 14 s 107D 1986 No 34 s 27(1) 1990 No 29 s 53 Section 257(1)﻿(b) amended 1 November 2022 section 14(1) Fisheries Amendment Act 2022 Section 257(1A) inserted 1 November 2022 section 14(2) Fisheries Amendment Act 2022 Section 257(2) amended 1 October 2001 section 61 Fisheries Act 1996 Amendment Act 1999 Section 257(2) amended 1 November 2022 section 14(3) Fisheries Amendment Act 2022 Section 257(3) amended 1 November 2022 section 14(4) Fisheries Amendment Act 2022
258: Sum equal to deemed value payable if catch returns not completed or provided, or false returns provided
1: Every person convicted of an offence against—
a: section 230 section 231
b: any regulations made under this Act relating to—
i: making any false or misleading statements in any record or return; or
ii: omitting any information in any record or return; or
iii: completing, keeping, or providing any record or return,— in respect of the taking of any fish, aquatic life, or seaweed subject to the quota management system, shall, in addition to any fine that may be imposed by the court, be liable to pay to the Crown, within 20 days after demand is made by the chief executive, a sum of money equal to the deemed value amount that would have been payable if the fish, aquatic life, or seaweed had been included in the reported catch of that person under section 76
2: Any sum demanded under this section shall be recoverable in the same manner as a sum assessed and payable under section 76
259: Rewards to informants
1: The chief executive may make such payments as the chief executive thinks fit to any person who has supplied information that has assisted in the detection of offences against this Act.
2: All payments under subsection (1) shall be made from money from time to time appropriated by Parliament for the purpose. 1983 No 14 s 107E 1986 No 34 s 27(1) Minor offence procedure Heading repealed 1 July 2013 section 413 Criminal Procedure Act 2011
260: Minor offences
Section 260 repealed 1 July 2013 section 413 Criminal Procedure Act 2011 Infringement offences Heading inserted 1 October 2001 section 62 Fisheries Act 1996 Amendment Act 1999
260A: Infringement offences
1: If a fishery officer has reason to believe that a person has committed an infringement offence, the fishery officer may—
a: commence proceedings against the person for the alleged offence by filing a charging document under section 14
b: issue an infringement notice in respect of the alleged offence.
2: Despite section 21 section 14
3: If an infringement notice is issued, a fishery officer may do 1 or more of the following with the infringement notice:
a: deliver it (or a copy of it) to the person:
b: fix it (or a copy of it) to a conspicuous part of a fishing vessel relating to the commission of the offence:
c: send it (or a copy of it) to the person by post addressed to the person's last known place of residence or business.
4: If the notice was fixed or sent in accordance with subsection (3), it is deemed to have been served on the person Section 260A inserted 1 October 2001 section 62 Fisheries Act 1996 Amendment Act 1999 Section 260A(1)﻿(a) amended 1 July 2013 section 413 Criminal Procedure Act 2011 Section 260A(2) replaced 1 July 2013 section 413 Criminal Procedure Act 2011 Section 260A(4) amended 1 July 2013 section 413 Criminal Procedure Act 2011
260B: Infringement notices
1: Every infringement notice must be in an approved form and must include the following particulars:
a: sufficient detail to inform the person of the time, place, and nature of the alleged offence:
b: the infringement fee for the offence:
c: the address at which the infringement fee may be paid:
d: the time within which the infringement fee may be paid:
e: a summary of the provisions of section 21(10)
f: a statement that the person has a right to request a hearing:
g: a statement of the consequences if the person does not pay the infringement fee or request a hearing:
h: any other matters prescribed for that purpose.
1A: Every infringement offence reminder notice must be in an approved form, and must include the same particulars, or substantially the same particulars, as the infringement notice.
2: There may be different approved forms for different kinds of infringement offences. Section 260B inserted 1 October 2001 section 62 Fisheries Act 1996 Amendment Act 1999 Section 260B(1A) inserted 1 October 2004 section 51 Fisheries Amendment Act (No 3) 2004
260C: Infringement fees
All infringement fees are payable to the chief executive, and the chief executive must pay all infringement fees received into a Section 260C inserted 1 October 2001 section 62 Fisheries Act 1996 Amendment Act 1999 Section 260C amended 25 January 2005 section 65R(3) Public Finance Act 1989
14: Cost recovery
Part 14 substituted 1 February 2001 section 63 Fisheries Act 1996 Amendment Act 1999
261: Purpose of Part
The purpose of this Part is to enable the Crown to recover its costs in respect of the provision of conservation services and fisheries services. Section 261 substituted 1 February 2001 section 63 Fisheries Act 1996 Amendment Act 1999
262: Cost recovery principles
The cost recovery principles under this Part are as follows:
a: if a conservation service or fisheries service is provided at the request of an identifiable person, that person must pay a fee for the service:
b: costs of conservation services or fisheries services provided in the general public interest, rather than in the interest of an identifiable person or class of person, may not be recovered:
c: costs of conservation services or fisheries services provided to manage or administer the harvesting or farming of fisheries resources must, so far as practicable, be attributed to the persons who benefit from harvesting or farming the resources:
ca: costs of fisheries services relating to any observer performing or exercising a function, duty, or power in accordance with the observer programme must, so far as practicable, be attributed to the persons who benefit from those services:
d: costs of conservation services or fisheries services provided to avoid, remedy, or mitigate a risk to, or an adverse effect on, the aquatic environment or the biological diversity of the aquatic environment must, so far as practicable, be attributed to the persons who caused the risk or adverse effect:
e: the Crown may not recover under this Part the costs of services provided by an approved service delivery organisation under Part 15A Section 262 substituted 1 February 2001 section 63 Fisheries Act 1996 Amendment Act 1999 Section 262(ca) inserted 8 August 2014 section 14 Fisheries (Foreign Charter Vessels and Other Matters) Amendment Act 2014
263: Cost recovery rules
1: The Governor-General may from time to time, by Order in Council made on the recommendation of the Minister, make rules relating to the imposition of levies under this Part.
2: The rules may—
a: prescribe the proportion of costs of conservation services and fisheries services to be recovered as levies:
b: prescribe who must pay levies:
c: prescribe how the costs are to be apportioned between the persons who must pay the levies.
3: Without limiting anything in subsections (1) and (2), different rules may apply in respect of different classes of persons, stocks, quota management areas, fishery management areas, conservation services, fisheries services, or any combination of them.
4: Before making a recommendation under subsection (1), the Minister must—
a: be satisfied that the rules to which the recommendation relates comply with the cost recovery principles in section 262
b: have regard to the extent to which conservation services or fisheries services are wholly or partly purchased or provided by persons other than the Crown.
5: No
6: A rule under this section is secondary legislation ( see Part 3 The following table is small in size and has 3 columns that are grouped under the heading Legislation Act 2019 requirements for secondary legislation made under this section. Legislation Act 2019 requirements for secondary legislation made under this section Publication PCO must publish it on the legislation website and notify it in the Gazette LA19 s 69(1)﻿(c) Presentation The Minister must present it to the House of Representatives LA19 s 114 cl 32(1)﻿(a) Disallowance It may be disallowed by the House of Representatives LA19 ss 115 116 This note is not part of the Act. Section 263 substituted 1 February 2001 section 63 Fisheries Act 1996 Amendment Act 1999 Section 263(5) amended 28 October 2021 section 3 Secondary Legislation Act 2021 Section 263(6) inserted 28 October 2021 section 3 Secondary Legislation Act 2021
264: Levies
1: The Governor-General may from time to time, by Order in Council made on the recommendation of the Minister,—
a: impose levies for the purpose of this Part:
b: amend or revoke an order made under this section.
2: Subject to section 265A section 263
3: Without limiting the generality of subsection (1), an order may—
a: prescribe, or provide for the fixing of, different rates of levy in respect of different classes of persons, species or kinds of fish or aquatic life or seaweed, quantities of fish or aquatic life or seaweed, quota management areas, fishery management areas, or any combination of them:
b: prescribe, or provide for the fixing of, different rates of levy based on the value of quota or annual catch entitlement, the port price of fish or aquatic life or seaweed landed, or on any other differential basis relating to commercial fishing or fish farming:
c: specify that a levy is payable on the basis of the amount of fish, aquatic life, or seaweed processed or taken, or quota, annual catch entitlement, or individual catch entitlement held, during a specified period or on a specified day; or specify any other method for assessing that amount:
d: prescribe a date by which, and the place at which, a levy is payable:
e: prescribe different dates for the payment of different levies:
f: authorise the chief executive to prescribe or provide for such matters as may be necessary or expedient to administer the collection of a levy imposed under subsection (1).
4: An order under this section is secondary legislation ( see Part 3 The following table is small in size and has 3 columns that are grouped under the heading Legislation Act 2019 requirements for secondary legislation made under this section. Legislation Act 2019 requirements for secondary legislation made under this section Publication PCO must publish it on the legislation website and notify it in the Gazette LA19 s 69(1)﻿(c) Presentation The Minister must present it to the House of Representatives LA19 s 114 cl 32(1)﻿(a) Disallowance It may be disallowed by the House of Representatives LA19 ss 115 116 This note is not part of the Act. Section 264 substituted 1 February 2001 section 63 Fisheries Act 1996 Amendment Act 1999 Section 264(2) amended 19 March 2004 section 8 Fisheries Amendment Act 2004 Section 264(4) inserted 28 October 2021 section 3 Secondary Legislation Act 2021
265: Under-recovery and over-recovery of costs
Without limiting anything in section 264 section 265A
a: were either—
i: not recovered or not recoverable, in whole or in part, by a fee, charge, or levy relating to such services that was previously imposed under this Act
ii: over-recovered or over-recoverable, in whole or in part, by a fee, charge, or levy relating to such services that was previously imposed under this Act
b: the Minister has not previously had regard to under this section. Section 265 substituted 19 March 2004 section 9 Fisheries Amendment Act 2004 Section 265(a)﻿(i) amended 1 November 2022 section 23 Fisheries Amendment Act 2022 Section 265(a)﻿(ii) amended 1 November 2022 section 23 Fisheries Amendment Act 2022
265A: Recommendation for levies payable in year commencing 1 October 2003 and subsequent years
1: In making a recommendation under section 264
a: first calculate the amount for each stock or other grouping that it would be appropriate to recover by way of levy as if there had been no under-recovery or over-recovery of costs in respect of the period 1 October 1994 to 30 September 2002 (both dates inclusive); and
b: then—
i: in the case of a stock or other grouping listed in Part 1
ii: in the case of a stock listed in Part 2
2: In making a recommendation under section 264 Part 1
3: Where the Minister makes a recommendation under section 264
a: adjust the remaining balance of the settlement sum for the stock or other grouping to reflect the effect of the amendment when taken together with the effect of the original levy order; and
b: notify the adjusted remaining balance in accordance with subsection (5).
4: For the purposes of subsections (2) and (3) and section 265
a: no regard is to be had to the costs of any conservation services or fisheries services incurred by the Crown in any financial year ending on or before 30 September 2002, except where those costs arise from conservation services or fisheries services initiated but not completed on or before 30 September 2002; and
b: any previous reduction in the amount of costs recovered or recoverable by virtue of the application of any settlement sum under this section must be disregarded.
5: The Minister must, as soon as practicable after making any recommendation under section 264 Gazette
6: In this section, remaining balance Part 1 Section 265A substituted 19 March 2004 section 10(1) Fisheries Amendment Act 2004
266: Other fees, charges, or levies
1: This part does not—
a: limit any other provision in this Act that requires the payment, or empowers the imposition, of a fee, charge, or levy relating to conservation services or fisheries services; or
b: limit the recovery of costs in respect of conservation services or fisheries services by any means other than a levy under section 264
2: This part does not require the Minister to have regard to the circumstances of any person when recommending the imposition of a fee, charge, or levy relating to conservation services or fisheries services.
3: The Minister may not have regard to any deemed value payable or paid when recommending the imposition of a fee, charge, or levy relating to conservation services or fisheries services. Section 266 substituted 1 February 2001 section 63 Fisheries Act 1996 Amendment Act 1999
267: Payment of levies
1: Levies imposed by an order under section 264
2: The chief executive may remit, waive, or defer the payment of a levy, in whole or in part, to correct an administrative error made in calculating the amount due.
3: The chief executive and a person liable to pay a levy may enter into an arrangement for repayment of the amount of levy due. Section 267 substituted 1 February 2001 section 63 Fisheries Act 1996 Amendment Act 1999
268: Caveats on quota
1: The chief executive may, after giving a person notice in writing of the chief executive's intention to do so, direct that a caveat be registered over quota held by that person if—
a: the person is liable to pay a levy imposed under section 264
b: the person does not pay the levy
c: payment of the outstanding levy has not been waived under section 267(2)
2: The chief executive may direct that a caveat be registered under subsection (1) regardless of whether or not the levy has been imposed on the person as a quota owner.
3: The chief executive—
a: must direct that a caveat entered in a register under this section be withdrawn if the outstanding levy
b: may direct that a caveat entered in a register under this section be withdrawn if the chief executive and the person liable to pay the outstanding amount enter into an arrangement for repayment of the amount. Section 268 substituted 1 February 2001 section 63 Fisheries Act 1996 Amendment Act 1999 Section 268(1)﻿(a) substituted 20 April 2010 section 6(2) Ministry of Agriculture and Fisheries (Restructuring) Amendment Act 2010 Section 268(1)﻿(b) amended 20 April 2010 section 6(3) Ministry of Agriculture and Fisheries (Restructuring) Amendment Act 2010 Section 268(1)﻿(c) substituted 20 April 2010 section 6(4) Ministry of Agriculture and Fisheries (Restructuring) Amendment Act 2010 Section 268(3)﻿(a) amended 20 April 2010 section 6(5) Ministry of Agriculture and Fisheries (Restructuring) Amendment Act 2010
269: Suspension of permit, licence, or registration where levies unpaid
1: The chief executive may, by notice in writing, after giving a person notice in writing of the chief executive's intention to do so, suspend a fishing permit or special permit or licensed fish receiver's licence or controlled fishery licence or fish farmer's registration held by the person if—
a: the person is liable to pay a levy imposed under section 264
b: the person does not pay the levy
c: payment of the outstanding levy has not been waived under section 267(2)
2: The chief executive may suspend a permit, licence, or registration under subsection (1) regardless of whether or not the levy has been imposed on the person as a holder of a permit, licence, or registration.
3: If the person holds 2 or more fishing permits or special permits or licensed fish receiver's licences or controlled fishery licences, or holds any combination of 2 or more of them, the chief executive may suspend such of the permits or licences, as he or she considers appropriate.
4: A fishing permit or special permit or licensed fish receiver's licence or controlled fishery licence suspended under this section has no effect during the period of the suspension.
5: While a fish farmer registration is suspended under this section, no fish, aquatic life, or seaweed is to be transferred onto or off the fish farm specified in the registration.
6: The chief executive—
a: must lift a suspension under this section if the outstanding levy
b: may, conditionally or unconditionally, lift a suspension under this section if the chief executive and the person liable to pay the outstanding amount of the levy enter into an arrangement for repayment of that amount.
7: A court may at any time, on application by the holder of a fishing permit, special permit, licensed fish receiver's licence, controlled fishery licence, or fish farmer registration that has been suspended under this section, make an order lifting the suspension subject to any sureties and conditions specified by the court. Section 269 substituted 1 January 2005 section 13 Fisheries Amendment Act (No 3) 2004 Section 269(1)﻿(a) substituted 20 April 2010 section 6(6) Ministry of Agriculture and Fisheries (Restructuring) Amendment Act 2010 Section 269(1)﻿(b) amended 20 April 2010 section 6(7) Ministry of Agriculture and Fisheries (Restructuring) Amendment Act 2010 Section 269(1)﻿(c) substituted 20 April 2010 section 6(8) Ministry of Agriculture and Fisheries (Restructuring) Amendment Act 2010 Section 269(6)﻿(a) amended 20 April 2010 section 6(9) Ministry of Agriculture and Fisheries (Restructuring) Amendment Act 2010
270: Priority of debts
Section 270 repealed 3 December 2007 section 445 Insolvency Act 2006
271: Records and returns
1: The chief executive may, by notice
a: require records and returns to be kept and provided by a person who must pay a levy:
b: prescribe conditions relating to the keeping and provision of those records and returns.
2: A person commits an offence if the person fails to comply with a requirement imposed by the chief executive under subsection (1), and is liable to the penalty set out in section 252(3)
3: A notice under this section is secondary legislation ( see Part 3 The following table is small in size and has 3 columns that are grouped under the heading Legislation Act 2019 requirements for secondary legislation made under this section. Legislation Act 2019 requirements for secondary legislation made under this section Publication The maker must publish it in the Gazette LA19 ss 73 74(1)﻿(a) cl 14 Presentation The Minister must present it to the House of Representatives LA19 s 114 cl 32(1)﻿(a) Disallowance It may be disallowed by the House of Representatives LA19 ss 115 116 This note is not part of the Act. Section 271 substituted 1 February 2001 section 63 Fisheries Act 1996 Amendment Act 1999 Section 271(1) amended 28 October 2021 section 3 Secondary Legislation Act 2021 Section 271(3) inserted 28 October 2021 section 3 Secondary Legislation Act 2021
272: Levies to be separately accounted for
Section 272 repealed 1 February 2001 section 63 Fisheries Act 1996 Amendment Act 1999
273: Caveats on quota
Section 273 repealed 1 February 2001 section 63 Fisheries Act 1996 Amendment Act 1999
274: Priority of debts
Section 274 repealed 1 February 2001 section 63 Fisheries Act 1996 Amendment Act 1999
275: Suspension of permit or fish receiver's licence where levies unpaid
Section 275 repealed 1 February 2001 section 63 Fisheries Act 1996 Amendment Act 1999
15: Fisheries administration
National Fisheries Advisory Council
276: Minister may establish National Fisheries Advisory Council
1: The Minister may from time to time establish an advisory committee, to be known as the National Fisheries Advisory Council, to advise the Minister on any matter from time to time determined by the Minister for the purpose of this Act.
2: The Minister may authorise the Council to make such inquiries, conduct such research, and make such reports, as may assist the Council in advising the Minister.
3: Without limiting subsection (1) or subsection (2), the Minister may require the Council to advise him or her on—
a: ensuring sustainability, including the setting of total allowable catches and other sustainability measures:
b: the utilisation of New Zealand's fisheries resources, including the setting of total allowable commercial catches and the introduction of new species into the quota management system:
c: fisheries research, including the establishment of priorities, standards, and specifications for such research:
d: fisheries administration services, including planning and the establishment of priorities, standards, and specifications for such services:
e: enforcement issues, including the establishment of standards and specifications for enforcement.
277: Members
1: The Minister may from time to time appoint to be members of the National Fisheries Advisory Council—
a: if appropriate, a representative of Chatham Islanders; and
b: such other members from time to time determined by the Minister after consultation with—
i: the Minister of Maori Affairs, the Minister of Conservation, the Minister of Research, Science, and Technology, and the Minister for the Environment; and
ii: such persons or organisations as the Minister considers are representative of classes of persons having an interest in the particular matter for which the Council is being established, including Maori, environmental, commercial, and recreational interests.
2: Every member of the Council shall hold office during the pleasure of the Minister.
3: Any member of the Council may resign his or her office at any time by notice in writing to the Minister.
4: The Minister may make any appointment of a member subject to the condition that the member assist and provide advice only in respect of a specified matter and, in that case, the member shall comply with that condition.
278: Chairperson
1: The Minister shall appoint one of the members of the National Fisheries Advisory Council to be chairperson of the Council.
2: The chairperson shall be responsible for supervising and directing the work of the Council.
279: Remuneration of members
1: The National Fisheries Advisory Council is hereby declared to be a statutory board within the meaning of the Fees and Travelling Allowances Act 1951
2: Members of the Council shall be paid, out of money appropriated by Parliament for the purpose, remuneration by way of fees, salary, or allowances, and travelling allowances and expenses, in accordance with the Fees and Travelling Allowances Act 1951
3: No person shall be deemed to be employed in the service of the Crown by reason of being a member of the Council.
280: Secretarial services
1: The chief executive shall provide such secretarial, recording, accounting, and clerical services as may be necessary to enable the National Fisheries Advisory Council to discharge its functions.
2: All expenses incurred in respect of the functions of the Council shall be paid out of money appropriated for that purpose by Parliament.
281: Certain powers of Minister not to be delegated
The Minister shall not delegate to any person the power—
a: to appoint or renew the appointment of members of the National Fisheries Advisory Council under section 277
b: to remove any member of the Council from office under that section.
282: Reports
1: The National Fisheries Advisory Council, when from time to time directed by the Minister, shall provide the Minister and the chief executive with a general report of the operations of the Council.
2: As soon as practicable after receiving any general report referred to in subsection (1), the Minister shall lay before the House of Representatives a copy of that report. Catch History Review Committee
283: Catch History Review Committee established
1: There is hereby established the Catch History Review Committee.
2: After consultation with such persons as the Minister considers are representative of those classes of persons having an interest in the matters dealt with by section 284 Gazette
a: have held a practising certificate as a barrister and solicitor for at least 7 years; and
b: are not employees of the Ministry— to be members of the Catch History Review Committee, and appoint one of them to be chairperson of the Committee responsible for supervising and directing the work of the Committee.
3: An appointment under subsection (2) shall be for a term not exceeding 5 years. 1983 No 14 s 28A(1)–(4) 1986 No 34 s 9 1990 No 29 s 4
284: Functions of Committee
1: The Catch History Review Committee shall hear and determine appeals made under section 51
a: has decided that a person is ineligible to receive provisional catch history because the chief executive believes the person to be an overseas person; and
b: has advised the Committee of that decision,— the Committee shall not hear any appeal made by that person unless the High Court declares the person not to be an overseas person.
2: All appeals to the Committee shall be heard by a member sitting alone unless the chairperson of the Committee otherwise directs, and a member of the Committee sitting alone in such a case has such powers and functions of the Committee as may be necessary for that purpose.
3: The Committee shall not create or allocate provisional catch history in respect of fish, aquatic life, or seaweed unless it was actually taken and reported by a commercial fisher.
4: The Committee shall not order the allocation or transfer of any quota.
5: The Committee has all such powers as are necessary or expedient to enable it to carry out its functions.
285: Members
1: Any member of the Catch History Review Committee may resign his or her office at any time by notice in writing to the Minister.
2: Any member of the Committee may be removed from office at any time by the Minister on the ground of inability to perform the functions of the office 1983 No 14 ss 13(4)–(6) 28A(5) 1986 No 34 s 9 Section 285(2) amended 1 January 2002 section 70(1) Human Rights Amendment Act 2001
286: Defect in appointment
The proceedings of the Catch History Review Committee shall not be invalidated merely because of the subsequent discovery that some defect existed in the appointment of any member. 1983 No 14 ss 17 28A(5) 1986 No 34 s 9
287: Committee may regulate its own procedure
Except as expressly otherwise provided in this Act, the Catch History Review Committee may regulate its procedure in such manner as it thinks fit.
288: Hearings to be held in public except in certain circumstances
1: Except as provided by subsections (2) to (4), hearings of the Catch History Review Committee shall be held in public.
2: The Committee may deliberate in private as to its decision in any matter or as to any question arising in the course of any proceedings before it.
3: If the Committee is satisfied that it is desirable to do so by reason of the confidential nature of any evidence or matter (including details of the private financial circumstances of any person), or that the interests of any party to the hearing in having the whole or any part of the proceedings conducted in private outweigh the public interest in having the hearing conducted in public, the Committee may, on the application of any party to the proceedings, order that the whole or any part of the hearing shall be in private and that all persons present shall keep confidential any evidence, document, or information provided in relation to that hearing.
4: In any case where a hearing is conducted in private, the Committee may allow any particular person to attend the private hearing if it is satisfied that the person has a proper interest in the matter to be heard.
5: Every person commits an offence and is liable to the penalty set out in section 252(6) 1983 No 14 ss 18(1), (2), (3), (5) 28A(5) 1986 No 34 s 9
289: Fees and travelling allowances
1: The Catch History Review Committee is hereby declared to be a statutory board within the meaning of the Fees and Travelling Allowances Act 1951
2: Members of the Catch History Review Committee shall be paid, out of money appropriated by Parliament for the purpose, remuneration by way of fees, salary, or allowances, and travelling allowances and expenses, in accordance with the Fees and Travelling Allowances Act 1951
3: No person shall be deemed to be employed in the service of the Crown by reason of the person's appointment under section 283 1983 No 14 ss 19 28A(5) 1986 No 34 s 9
290: Administration of Committee
1: The chief executive shall provide such secretarial, recording, accounting, and clerical services as may be necessary to enable the Catch History Review Committee to discharge its functions.
2: All expenses incurred in respect of the functions of the Catch History Review Committee shall be paid out of money appropriated for that purpose by Parliament. 1983 No 14 ss 20 28A(5) 1986 No 34 s 9
291: Representation of parties
1: The chief executive shall be a party to all proceedings before the Catch History Review Committee and shall be entitled to appear and be heard either in person or by counsel or agent, and shall have the right to produce evidence and cross-examine witnesses.
2: Every person who lodges an appeal under section 51
3: Any person may make a written submission about any appeal made under section 51
4: Any person who makes a written submission under subsection (3) and wishes to appear at the hearing may do all or any of the following with the permission of the Committee, namely, appear either by counsel or agent, produce and examine evidence, cross-examine witnesses, and present a submission.
5: The Committee shall grant permission under subsection (4) only if it considers that any appearance is necessary in the interests of justice, and any person to whom such permission is granted shall be a party to the proceedings. 1983 No 14 ss 22 28A(8), (9) 1986 No 34 s 9
292: Evidence before Committee
1: The Catch History Review Committee may receive in evidence any statement, document, information, or matter that may, in its opinion, assist it to deal effectively with the matter before it, whether or not the same would otherwise be admissible in a court but, unless expressly otherwise provided in this Act, the Committee shall not receive in evidence any records or returns required to be provided under this Act or the Fisheries Act 1983
2: The Committee may, if it thinks fit, in respect of any matter before it,—
a: examine on oath or otherwise all or any of the following:
i: the appellant:
ii: any other party (including any person granted permission under section 291(4)
iii: any person whose evidence has been received by the Committee under subsection (1):
b: require any person to verify by statutory declaration any statement made by him or her with respect to the proceedings.
3: Any proceedings (including any application made or information filed before the commencement of any proceedings) before the Committee shall be judicial proceedings for the purposes of this Act or any other Act (including the Crimes Act 1961 1983 No 14 ss 23 28A(5) 1986 No 34 s 9
293: Decision of Committee
1: In considering any matter before it, the Catch History Review Committee shall—
a: confine itself to the evidence, written submissions received under section 291(3)
b: exclude any member's personal knowledge of the matter gained otherwise than through the hearing of the matter before the Committee.
2: Every decision of the Committee shall—
a: be in writing; and
b: state the reasons for the decision; and
c: be notified to the parties, and the chief executive
d: be available to the public, except that the Committee may—
i: delete information that it considers commercially sensitive:
ii: make copies of the decision available on payment of a reasonable charge.
3: The Committee shall record its decisions in a register.
4: Every decision of the Committee shall be final unless challenged by an application for review under the Judicial Review Procedure Act 2016
5: Notwithstanding any other enactment or rule of law, a court shall not hear or determine, and no person shall make or commence, any application or other proceedings whatever in respect of a decision or purported decision of the Committee unless the application is, or the proceedings are, made or commenced within 90 days
6: Every decision of the Committee shall contain a statement as to the effect of subsections (4) and (5). 1983 No 14 s 28I 1986 No 34 s 10 1989 No 159 s 55 1992 No 137 s 2 Section 293(2)﻿(c) amended 9 September 1999 section 90(2) Fisheries Act 1996 Amendment Act 1999 Section 293(4) amended 1 March 2017 section 24 Judicial Review Procedure Act 2016 Section 293(5) amended 1 October 2001 section 29 Fisheries Amendment Act 2001 Administration generally
294: Use of outside agencies in performance of functions under Act
1: The chief executive may perform his or her functions, duties, and powers,—
a: by his or her own employees; or
b: by entering into an arrangement or contract with any other agency or any other instrument of the Crown or any corporation sole, body of persons (whether corporate or unincorporate), or individual.
2: Before deciding to perform any function, duty, or power by an arrangement or contract under subsection (1), the chief executive shall take into account the following matters:
a: whether the function, duty, or power might be more efficiently provided by the chief executive's own employees:
b: the desirability of retaining institutional knowledge within the Ministry:
c: whether entering into such an arrangement or contract will limit the chief executive's ability to adequately meet his or her statutory obligations.
3: In deciding how to perform any function, duty, or power under subsection (1)﻿(b), the chief executive shall give due consideration to the advantages and disadvantages of different options.
4: Before entering into any arrangement or contract under subsection (1)﻿(b), the chief executive may, after consultation with the Minister, set contract standards and contract specifications
4A: The chief executive may, after consultation with the Minister and the other party to the arrangement or contract, amend or revoke contract standards and contract specifications set under subsection (4).
5: No arrangement or contract under subsection (1)﻿(b) between the chief executive and any other party (other than an agency of the Crown or other instrument of the Crown) may provide for that other party (or person acting on behalf of that other party) to perform or exercise any power that is conferred or imposed on fishery officers (other than honorary fishery officers or examiners)
6: Nothing in this section or in any arrangement or contract entered into under the authority of this section relieves the chief executive of the obligation to perform or ensure the performance of any function, duty, or power imposed on the chief executive by this Act or any other Act. Section 294(4) amended 9 September 1999 section 64(1) Fisheries Act 1996 Amendment Act 1999 Section 294(4A) inserted 1 October 2004 section 52 Fisheries Amendment Act (No 3) 2004 Section 294(5) substituted 9 September 1999 section 64(2) Fisheries Act 1996 Amendment Act 1999 Section 294(5) amended 1 November 2022 section 23 Fisheries Amendment Act 2022
295: Notification of appointments and places for provision of information
1: The chief executive may, by notice in the Gazette
a: notify the appointment of any person or organisation to any position under this Act; and
b: notify that any person or organisation shall perform any of the powers, functions, and duties of the chief executive under any arrangement or contract under section 294(1)﻿(b)
c: appoint places where notices, objections, requests, applications, accounts, records, returns, and other information and documents shall be provided or received under this Act, including places for the purpose of the electronic transmission of accounts, records, returns, transactions, information, notices, objections, requests, applications, and other documents.
2: Notwithstanding anything to the contrary in this Act, any notice, objection, request, application, account, record, return, or any other information or document that is required by or under this Act to be provided at any particular place appointed by a notice under subsection (1) shall be deemed not to have been
3: Notwithstanding anything to the contrary in this Act, any notice, objection, request, application, account, record, return, or any other information or document that is required by or under this Act to be provided in a prescribed or approved manner or form, or accompanied by a prescribed fee, shall be deemed not to have been
4: Subject to subsection (4) of section 294
a: any function, duty, or power of the chief executive that forms the subject of the arrangement or contract, and is required by any enactment, regulation, instrument, or document to be performed by the chief executive, may, subject to the terms and conditions of that arrangement, be carried out at such place and by such person with whom the chief executive has entered into the arrangement or contract as the chief executive may specify by notice in the Gazette
b: any person with whom the chief executive has entered into the arrangement or contract may, subject to the terms and conditions of the arrangement or contract, give, provide, or demand any notice, account, record, return, information, demand, or any other thing in relation to any function, duty, or power of the chief executive that forms the subject of the arrangement or contract, and is required by any enactment, regulation, instrument, or document to be given, provided, or demanded by the chief executive. Section 295(2) amended 1 October 2004 section 53 Fisheries Amendment Act (No 3) 2004 Section 295(3) amended 1 October 2004 section 53 Fisheries Amendment Act (No 3) 2004
296: Electronic transmission
1: For the purpose of this Act, the chief executive may approve the transmission of accounts, records, returns, transactions, information, notices, objections, requests, applications, or other documents provided for under this Act by means of electronic transmission.
2: An approval under subsection (1)—
a: may relate to any person or any 1 or more classes of person:
b: may relate to any 1 or more classes of accounts, records, returns, transactions, information, notices, objections, requests, applications, or other documents:
c: may specify the person or organisation to whom the accounts, records, returns, transactions, information, notices, objections, requests, applications, or other documents shall be transmitted:
d: may specify the method of transmission that may be used:
e: shall be subject to such conditions and other provisions (if any)—
i: as may be set out for the purposes of this section in regulations made under section 297
ii: determined by the chief executive.
3: The chief executive may alter or revoke any approval given under subsection (1).
15A: Performance of services by approved organisations
Part 15A inserted 9 September 1999 section 65 Fisheries Act 1996 Amendment Act 1999
296A: Interpretation
In this Part, unless the context otherwise requires, specified functions, duties, or powers
a: means any functions, duties, or powers of the chief executive, whether statutory or non-statutory in nature, that are—
i: exclusively associated with the administration of quota; or
ii: primarily associated with the administration of commercial fisheries; or
iii: principally associated with the administration of fish farming; and
b: includes the keeping of registers under sections 98 , 124 186K
c: does not include—
i: any functions, duties, or powers of the Minister; or
ii: any power conferred on fishery officers, honorary fishery officers, or examiners Section 296A inserted 9 September 1999 section 65 Fisheries Act 1996 Amendment Act 1999 Section 296A(a)﻿(ii) amended 1 January 2005 section 14(1) Fisheries Amendment Act (No 3) 2004 Section 296A(a)﻿(iii) added 1 January 2005 section 14(1) Fisheries Amendment Act (No 3) 2004 Section 296A(b) amended 1 January 2005 section 14(2) Fisheries Amendment Act (No 3) 2004 Section 296A(c)﻿(ii) amended 1 November 2022 section 23 Fisheries Amendment Act 2022
296B: Transfer of specified functions, duties, or powers to approved service delivery organisations
1: The Governor-General may from time to time, by Order in Council made on the recommendation of the Minister after consultation with the Minister responsible for the administration of the Environment Act 1986
2: An order transferring specified functions, duties, or powers to an approved service delivery organisation must—
a: declare a person to be an approved service delivery organisation for such period as may be specified in the order; and
b: state which functions, duties, or powers are transferred to the approved service delivery organisation.
3: The Minister must not make a recommendation under subsection (1) unless the Minister is satisfied that—
a: the proposed approved service delivery organisation is representative of quota owners who have an interest in those functions, duties, or powers; and
ab: if the recommendation relates to a function, duty, or power associated with the administration of fish farming, the proposed approved service delivery organisation is representative of fish farmers who have an interest in the function, duty, or power; and
b: the proposed approved service delivery organisation is a company incorporated under the Companies Act 1993
c: the proposed approved service delivery organisation has the financial, management, and other resources to enable it to—
i: assume responsibility for the carrying out of the functions, duties, or powers that are specified in the order; and
ii: ensure that those functions, duties, or powers are carried out; and
d: the proposed approved service delivery organisation—
i: has provided the chief executive with a monetary deposit or bond in accordance with section 296D
ii: has established and is maintaining an alternative arrangement in accordance with section 296D
e: standards and specifications have been issued in relation to the functions, duties, or powers.
4: An order under subsection (1) may—
a: specify the rights of the Crown in relation to information and data received, held, or generated in relation to the performance or exercise of the functions, duties, or powers; and
b: provide that the information and data specified in the order is the property of the Crown.
5: An approved service delivery organisation or other person who knowingly falsifies information or data to which an order under subsection (4) relates commits an offence and is liable on conviction to the penalty set out in section 252(1)
6: An order under this section is secondary legislation ( see Part 3 The following table is small in size and has 3 columns that are grouped under the heading Legislation Act 2019 requirements for secondary legislation made under this section. Legislation Act 2019 requirements for secondary legislation made under this section Publication PCO must publish it on the legislation website and notify it in the Gazette LA19 s 69(1)﻿(c) Presentation The Minister must present it to the House of Representatives LA19 s 114 cl 32(1)﻿(a) Disallowance It may be disallowed by the House of Representatives LA19 ss 115 116 This note is not part of the Act. Section 296B inserted 9 September 1999 section 65 Fisheries Act 1996 Amendment Act 1999 Section 296B(3)﻿(ab) inserted 1 January 2005 section 15 Fisheries Amendment Act (No 3) 2004 Section 296B(6) inserted 28 October 2021 section 3 Secondary Legislation Act 2021
296C: Effect of transfer of specified functions, duties, or powers
1: On and from the date specified for the purpose in the relevant order under section 296B
a: an approved service delivery organisation has the specified functions, duties, and powers under the relevant provisions of this Act
b: references to the chief executive (however expressed) in the provisions of this Act
2: An approved service delivery organisation is responsible to the Minister for ensuring that the specified functions, duties, or powers transferred to the organisation are performed or exercised in accordance with—
a: all applicable standards and specifications; and
b: all applicable directions given by the Minister under section 296Q
3: The chief executive must not perform or exercise, and is not responsible for the performance or exercise of, any specified function, duty, or power that is transferred to an approved service delivery organisation by an order made under section 296B
4: Subsections (1) to (3) apply despite anything in the Commerce Act 1986
5: An approved service delivery organisation may perform or exercise its functions, duties, and powers—
a: by its own employees; or
b: by entering into an agreement or arrangement with any other agency or any other instrument of the Crown or any corporation sole, body of persons (whether corporate or unincorporated), or individual. Section 296C inserted 9 September 1999 section 65 Fisheries Act 1996 Amendment Act 1999 Section 296C(1)﻿(a) amended 1 November 2022 section 23 Fisheries Amendment Act 2022 Section 296C(1)﻿(b) amended 1 November 2022 section 23 Fisheries Amendment Act 2022
296D: Minister must require payment of bond
1: The Minister must require each approved service delivery organisation—
a: to provide the chief executive with a monetary deposit or bond; or
b: to establish and maintain an alternative arrangement that satisfies the Minister that the specified functions, duties, or powers to be performed or exercised by the approved service delivery organisation can be transferred, at no cost to the Crown, to the Crown or an approved service delivery organisation on the expiry or earlier revocation of an order made under section 296B
2: If a monetary deposit or bond is required under subsection (1), it must be sufficient, in the opinion of the Minister, to meet the Crown's transfer costs.
3: If a monetary deposit or bond is provided by an approved service delivery organisation under subsection (1) and the Minister is satisfied, during the period for which the order under section 296B
4: If a monetary deposit or bond is provided by an approved service delivery organisation under subsection (1) and the Minister is satisfied, during the period for which the order under section 296B
5: Part 7
6: Any money paid to the chief executive under this section must be applied by the chief executive towards the payment of the Crown's transfer costs.
7: The approved service delivery organisation is entitled to receive all interest from time to time earned on the money while it is held by the chief executive.
8: The chief executive must pay the balance remaining, after applying the money in accordance with subsection (6), to the approved service delivery organisation or the surety under the bond, as the case may be.
9: In this section, the Crown's transfer costs
a: means any costs to the Crown arising from the transfer of specified functions, duties, or powers from the approved service delivery organisation to the chief executive or to another approved service delivery organisation on the expiry or earlier revocation of an order made under section 296B
b: does not include the value to the Crown of any property, rights, or obligations transferred under section 296H Section 296D inserted 9 September 1999 section 65 Fisheries Act 1996 Amendment Act 1999 Termination of orders transferring functions, duties, or powers Heading inserted 9 September 1999 section 65 Fisheries Act 1996 Amendment Act 1999
296E: Revocation of order transferring functions, duties, or powers to approved service delivery organisation
1: The Governor-General may from time to time, by Order in Council made on the recommendation of the Minister, revoke or amend an order made under section 296B
2: The Minister may not make a recommendation under subsection (1) unless—
a: the approved service delivery organisation named in the order has agreed to the recommendation by notice in writing to the Minister; or
b: the requirements of subsection (3) have been satisfied and the Minister has complied with the requirements set out in subsection (4).
3: The requirements of this subsection are that the Minister must be satisfied that—
a: the approved service delivery organisation has—
i: failed to comply with any applicable standards and specifications; or
ii: failed to comply with an applicable direction under section 296Q
iii: failed to maintain an alternative arrangement under section 296D(1)﻿(b)
iv: failed to comply with a requirement under section 296D(3)
b: there is a serious problem with the organisation within the meaning of section 296ZE(2)
4: The Minister must—
a: give the approved service delivery organisation notice in writing of the Minister's intention to make the recommendation, accompanied by a statement of the Minister's reasons for the proposed recommendation; and
b: give the approved service delivery organisation a reasonable opportunity to make submissions to the Minister in relation to the proposed recommendation; and
c: consider any submissions made by the approved service delivery organisation.
5: An order under this section is secondary legislation ( see Part 3 The following table is small in size and has 3 columns that are grouped under the heading Legislation Act 2019 requirements for secondary legislation made under this section. Legislation Act 2019 requirements for secondary legislation made under this section Publication PCO must publish it on the legislation website and notify it in the Gazette LA19 s 69(1)﻿(c) Presentation The Minister must present it to the House of Representatives LA19 s 114 cl 32(1)﻿(a) Disallowance It may be disallowed by the House of Representatives LA19 ss 115 116 This note is not part of the Act. Section 296E inserted 9 September 1999 section 65 Fisheries Act 1996 Amendment Act 1999 Section 296E(5) inserted 28 October 2021 section 3 Secondary Legislation Act 2021
296F: Effect of termination of transfer
If an order made under section 296B section 296E
a: the monetary deposit or bond (if any) held by the chief executive in relation to the approved service delivery organisation is forfeit to the chief executive, and must be applied in accordance with section 296D
b: responsibility for the functions, duties, or powers is resumed by the chief executive. Section 296F inserted 9 September 1999 section 65 Fisheries Act 1996 Amendment Act 1999 Transfer of property, rights, and obligations to chief executive Heading inserted 9 September 1999 section 65 Fisheries Act 1996 Amendment Act 1999
296G: Purpose of sections 296H to 296N
The purpose of sections 296H to 296N section 296B Section 296G inserted 9 September 1999 section 65 Fisheries Act 1996 Amendment Act 1999
296H: Minister may transfer property, rights, and obligations to chief executive
1: If an order made under section 296B section 296E
a: by notice in writing to an approved service delivery organisation or any other person, any property of that organisation or person (including intellectual property) that is necessary for the performance or exercise of the functions, duties, and powers for which the organisation is or was responsible under the order made under section 296B
b: by notice in writing to any person other than an approved service delivery organisation, any rights and obligations of an approved service delivery organisation under any agreement or arrangement (including an employment contract) with that person that relate to the performance or exercise of those functions, duties, or powers.
2: The Minister must send a copy of a notice given under subsection (1)﻿(b) to the approved service delivery organisation.
3: In this section and sections 296I to 296N intellectual property
a: has the meaning provided for in Article 2 of the Convention establishing the World Intellectual Property Organisation done at Stockholm on 14 July 1967 and in the World Trade Organisation Agreement on the Trade Related Aspects of Intellectual Property Rights done at Marrakesh on 15 April 1994; and
b: includes all intellectual property rights, including (without limitation) rights relating to circuit layouts and semiconductor chip products, confidential information, copyright, geographical indications, patents, plant varieties, registered designs, registered and unregistered trade marks, and service marks specified person Section 296H inserted 9 September 1999 section 65 Fisheries Act 1996 Amendment Act 1999
296I: Minister to give notice before transferring property, etc
The Minister may not give a notice under section 296H
a: gives the specified person notice in writing of the Minister's intention to transfer any property, rights, or obligations to the chief executive under that section, including a statement of—
i: the property, rights, and obligations that the Minister proposes to transfer:
ii: the amount of compensation, if any, that the Minister proposes will be payable to the specified person; and
b: gives the specified person a reasonable opportunity to make submissions to the Minister in relation to the proposed transfer; and
c: considers any submissions made by the specified person. Section 296I inserted 9 September 1999 section 65 Fisheries Act 1996 Amendment Act 1999
296J: Content of notice to transfer property, rights, and obligations
A notice given under section 296H
a: the date on which it takes effect, being a date no earlier than 30 days from the date on which the notice is given to the specified person; and
b: that the specified person may, within the period specified in the notice, apply to the District Court
c: that the notice will take effect—
i: if the person does not apply to the District Court
ii: if the person applies to the District Court Section 296J inserted 9 September 1999 section 65 Fisheries Act 1996 Amendment Act 1999 Section 296J(b) amended 1 March 2017 section 261 District Court Act 2016 Section 296J(c)﻿(i) amended 1 March 2017 section 261 District Court Act 2016 Section 296J(c)﻿(ii) amended 1 March 2017 section 261 District Court Act 2016
296K: Right of appeal to District Court
1: A specified person may, within the period specified in a notice given under section 296H the District Court
2: On an application under this section, if a District Court Judge is not satisfied that the transfer of any property, rights, or obligations to the chief executive is necessary for the performance or exercise of the functions, duties, or powers for which the approved service delivery organisation is or was responsible, the District Court Judge must—
a: revoke the notice; or
b: revoke that part of the notice that relates to that property, or to those rights or obligations. Section 296K inserted 9 September 1999 section 65 Fisheries Act 1996 Amendment Act 1999 Section 296K(1) amended 1 March 2017 section 261 District Court Act 2016
296L: Date on which transfer of property takes effect
1: A notice under section 296H
a: if the specified person does not apply to the District Court section 296K
b: if the specified person applies to the District Court
2: On the date that the notice takes effect—
a: the property specified in the notice becomes the property of the chief executive; and
b: the rights and obligations of the approved service delivery organisation under any agreement or arrangement specified in the notice become rights and obligations of the chief executive as if the chief executive, and not the organisation, had entered into the agreement or arrangement with the specified person.
3: This section applies despite anything in any agreement or arrangement. Section 296L inserted 9 September 1999 section 65 Fisheries Act 1996 Amendment Act 1999 Section 296L(1)﻿(a) amended 1 March 2017 section 261 District Court Act 2016 Section 296L(1)﻿(b) amended 1 March 2017 section 261 District Court Act 2016
296M: Compensation for transfer of property
1: If property is transferred to the chief executive under section 296H
2: No compensation payable by the Crown under this section may be paid out of the monetary deposit or bond held by the chief executive in respect of the approved service delivery organisation. Section 296M inserted 9 September 1999 section 65 Fisheries Act 1996 Amendment Act 1999
296N: Resolution of disputes regarding compensation
1: If there is any dispute or difference between the Minister and a specified person as to the amount of compensation payable to the person under section 296M Arbitration Act 1996
2: For the purposes of any such arbitration, this section is a submission to arbitration within the meaning of the Arbitration Act 1996
a: by agreement between the Minister and the specified person; or
b: if the Minister and the specified person fail to agree, by the President of the New Zealand Institute of Valuers Incorporated.
3: Despite subsection (1), the parties may resolve the dispute or difference either before or after the matter is submitted to arbitration, and, if the agreement is made after the date of any award of arbitration, the award is cancelled. Section 296N inserted 9 September 1999 section 65 Fisheries Act 1996 Amendment Act 1999 Powers of Minister in relation to approved service delivery organisations Heading inserted 9 September 1999 section 65 Fisheries Act 1996 Amendment Act 1999
296O: Minister may issue standards and specifications
1: The Minister may, from time to time, issue standards and specifications relating to the performance or exercise of specified functions, duties, or powers by approved service delivery organisations, and may amend or revoke any standards and specifications issued.
2: Standards and specifications issued under this section may, without limitation, specify or provide for all or any of the following:
a: descriptions of the specified functions, duties, or powers to be performed or exercised by each approved service delivery organisation to which those functions, duties, or powers apply:
b: quantitative measures that each approved service delivery organisation is required to meet in respect of the functions, duties, or powers:
c: performance standards that each approved service delivery organisation is required to meet in respect of the functions, duties, or powers:
d: measures that an approved service delivery organisation is required to take to avoid conflicts of interest in the performance or exercise of the functions, duties, or powers specified in the relevant order under section 296B
e: records that each approved service delivery organisation is required to keep in relation to the performance or exercise of those functions, duties, or powers:
f: reports that each approved service delivery organisation is required to provide to the Minister in relation to the performance or exercise of those functions, duties, or powers:
g: requirements as to the auditing of the operations of—
i: each approved service delivery organisation; and
ii: any person with whom the approved service delivery organisation has an arrangement under section 296C(5)
h: constraints on the performance or exercise of any functions, duties, or powers by each approved service delivery organisation.
3: Standards and specifications issued under this section may apply to any 1 or more approved service delivery organisations, or to any class or classes of approved service delivery organisation.
4: An approved service delivery organisation must comply with the standards and specifications that apply to the functions, duties, or powers for which it is responsible. Section 296O inserted 9 September 1999 section 65 Fisheries Act 1996 Amendment Act 1999
296P: Procedure for issuing standards and specifications
1: Before issuing or amending standards and specifications under section 296O
a: the Minister responsible for the administration of the Environment Act 1986
b: those classes of persons or those approved service delivery organisations that, in the opinion of the first-mentioned Minister, have an interest in the standards and specifications.
2: Despite subsection (1), the Minister is not required to consult anyone if the Minister is satisfied that—
a: the standards and specifications need to be issued or amended urgently; or
b: the amendment is minor and will not adversely affect the substantial interests of any person.
3: When the Minister issues or amends standards and specifications, the Minister must—
a: give a copy of the standards and specifications to each approved service delivery organisation to which they relate; and
b: publish a notice in the Gazette
4: The notice published in the Gazette
a: give a general indication of the nature of the standards and specifications; and
b: specify where copies of the standards and specifications may be obtained. Section 296P inserted 9 September 1999 section 65 Fisheries Act 1996 Amendment Act 1999
296Q: Approved service delivery organisations must comply with directions
1: The Minister may give a written direction to any approved service delivery organisation in respect of the performance or exercise by it of any specified functions, duties, or powers.
2: The Minister may not give a direction in respect of—
a: a specific application to the approved service delivery organisation; or
b: a specific person.
3: The Minister must—
a: give a copy of the direction to each approved service delivery organisation to which the direction relates; and
b: as soon as practicable after giving the written notice,—
i: publish the direction in the Gazette
ii: present a copy of it to the House of Representatives.
4: When performing or exercising any specified functions, duties, or powers an approved service delivery organisation must comply with any direction given to it by the Minister in accordance with this section. Section 296Q inserted 9 September 1999 section 65 Fisheries Act 1996 Amendment Act 1999 Sanctions for breach of standards and specifications or directions Heading inserted 9 September 1999 section 65 Fisheries Act 1996 Amendment Act 1999
296R: Sanctions for failing to comply with standards and specifications
1: If an approved service delivery organisation fails to comply with any applicable standards and specifications, or with an applicable direction under section 296Q section 296W
2: Sanctions are civil penalties prescribed in regulations made under section 296ZI Section 296R inserted 9 September 1999 section 65 Fisheries Act 1996 Amendment Act 1999
296S: Demerit points to be recorded by Minister
1: This section applies if, in the opinion of the Minister, an approved service delivery organisation fails to comply with—
a: any applicable standards or specifications; or
b: any applicable direction under section 296Q
2: The Minister may record in respect of an approved service delivery organisation such number of demerit points for each failure referred to in subsection (1) as may be prescribed in regulations made under section 296ZI
3: If 2 or more such failures by an approved service delivery organisation occur in respect of the same set of circumstances,—
a: the Minister must record demerit points in relation to 1 failure only; and
b: if the failures do not carry the same number of demerit points, the Minister must record demerit points for the failure or one of the failures that carries the greatest number of points.
4: Demerit points recorded under subsection (2) have effect on and from the date of the failure in respect of which the demerit points are recorded. Section 296S inserted 9 September 1999 section 65 Fisheries Act 1996 Amendment Act 1999
296T: Procedure for recording demerit points
1: Before recording any demerit points in respect of an approved service delivery organisation, the Minister must give written notice to the organisation.
2: The notice must state—
a: the failure that makes the approved service delivery organisation liable to have the demerit points recorded against the organisation; and
b: the number of demerit points specified in respect of that failure that the Minister proposes to record against the organisation; and
c: the right of the organisation to object to the Minister's decision by giving written notice to the Minister within 20 working days after the date of the Minister's notice ( the stated 20-day period
d: that an objection must include a statement of the organisation's reasons for objecting; and
e: the Minister's right to record the demerit points if—
i: no objection is made within the stated 20-day period; or
ii: an objection is made without a statement of reasons; and
f: the consequences of further demerit points being recorded against the organisation.
3: The Minister may withdraw a notice at any time, in which case demerit points will not be recorded against the organisation in respect of the failure specified in the notice. Section 296T inserted 9 September 1999 section 65 Fisheries Act 1996 Amendment Act 1999
296U: Demerit points recorded where no objection made
The Minister must record the prescribed demerit points under section 296S
a: if no objection is made within the stated 20-day period; or
b: if an objection is made by an approved service delivery organisation that is not accompanied by a statement of reasons. Section 296U inserted 9 September 1999 section 65 Fisheries Act 1996 Amendment Act 1999
296V: Demerit points recorded where objection made
1: This section applies if—
a: an objection to the recording of demerit points, accompanied by a statement of reasons, is received from the approved service delivery organisation within the stated 20-day period; and
b: the Minister does not accept the objection.
2: The Minister may apply to the District Court
3: The District Court must order the Minister to record the demerit points under section 296S section 296T
4: The court may award costs as if the matter were a criminal matter. Section 296V inserted 9 September 1999 section 65 Fisheries Act 1996 Amendment Act 1999 Section 296V(2) amended 1 March 2017 section 261 District Court Act 2016
296W: Civil penalty imposed where demerit points recorded
1: As soon as practicable after the end of each financial year, the Minister must calculate the total number of demerit points recorded under section 296S(2)
2: The Minister must advise the organisation as soon as reasonably practicable of the amount of civil penalty payable in respect of the total number of demerit points.
3: The amount of civil penalty payable in respect of specified failures is prescribed in regulations made under section 296ZI
4: As soon as practicable after the end of each financial year, the Minister must cancel the demerit points recorded against an approved service delivery organisation in respect of that financial year, but the applicable civil penalty is payable despite the cancellation of those demerit points. Section 296W inserted 9 September 1999 section 65 Fisheries Act 1996 Amendment Act 1999
296X: Collection of civil penalty
1: The Minister may recover a civil penalty in a court of competent jurisdiction, as if the penalty were a debt due to the Crown.
2: In this case, the penalty includes the costs of the court and, if ordered, the Minister's costs relating to the application. Section 296X inserted 9 September 1999 section 65 Fisheries Act 1996 Amendment Act 1999
296Y: Penalties payable into Crown Bank Account
Every civil penalty under section 296W a Section 296Y inserted 9 September 1999 section 65 Fisheries Act 1996 Amendment Act 1999 Section 296Y amended 25 January 2005 section 65R(3) Public Finance Act 1989 Fees Heading inserted 9 September 1999 section 65 Fisheries Act 1996 Amendment Act 1999
296Z: Fees
1: An approved service delivery organisation may set fees and charges in respect of functions, duties, and powers performed or exercised by the organisation under an order made under section 296B
2: Fees may be set at any level as specified by the organisation.
3: This section applies despite anything in this Act Commerce Act 1986 Section 296Z inserted 9 September 1999 section 65 Fisheries Act 1996 Amendment Act 1999 Section 296Z(3) amended 1 November 2022 section 23 Fisheries Amendment Act 2022
296ZAA: Suspension of permit and refusal of services for non-payment of fees
1: The chief executive may, by notice in writing, after giving a person prior notice in writing of the chief executive's intention to do so, suspend a fishing permit or licence or fish farmer's registration
a: the person is liable to pay any fee charged under section 296Z
b: the person has not paid the fee in full within 2 months after the date on which payment of the fee became due, or within the time allowed under an arrangement with the chief executive, as the case may be.
2: The chief executive may suspend a fishing permit or licence or fish farmer's registration or registration
3: If the person holds 2 or more fishing permits or licences, the chief executive may suspend such of the permits or licences as he or she considers appropriate.
4: A fishing permit or licence or a fish farmer's registration
5: Any application for registration of a caveat, mortgage, transfer of annual catch entitlement, or transfer of quota shares, and any application for vessel registration or for the registration of an automatic location communicator is not effective during the period of suspension.
6: The chief executive must lift a suspension imposed under this section or provide the services that have been refused under this section—
a: if the outstanding fee is paid to the chief executive; or
b: the chief executive and the person liable to pay the outstanding amount of the fee enter into an arrangement for repayment of that amount.
7: A court may at any time, on application by the holder of a fishing permit or licence or a fish farmer's registration Section 296ZAA inserted 1 October 2004 section 54 Fisheries Amendment Act (No 3) 2004 Section 296ZAA(1) amended 1 January 2005 section 16(1) Fisheries Amendment Act (No 3) 2004 Section 296ZAA(2) amended 1 January 2005 section 16(2)﻿(a) Fisheries Amendment Act (No 3) 2004 Section 296ZAA(2) amended 1 January 2005 section 16(2)﻿(b) Fisheries Amendment Act (No 3) 2004 Section 296ZAA(4) amended 1 January 2005 section 16(3) Fisheries Amendment Act (No 3) 2004 Section 296ZAA(7) amended 1 January 2005 section 16(4) Fisheries Amendment Act (No 3) 2004 Information disclosure requirements Heading inserted 9 September 1999 section 65 Fisheries Act 1996 Amendment Act 1999
296ZA: Regulations relating to information disclosure
1: The Governor-General may from time to time, by Order in Council, make regulations for all or any of the following purposes:
a: requiring approved service delivery organisations to make publicly available prescribed financial statements that follow generally accepted accounting principles, including profit and loss statements, balance sheets, and statements of accounting principles:
b: requiring approved service delivery organisations to publish, in the prescribed manner, information in relation to the performance and exercise of specified functions, duties, and powers, and prescribing the information that the organisations must make available, which information must include—
i: prices, terms, and conditions; and
ii: pricing policies and methodologies; and
iii: costs; and
iv: cost allocation policies and methodologies; and
v: performance measures, or information from which performance measures may be derived, or both:
c: prescribing the form and manner in which the financial statements required by any regulations made under paragraph (a) must be made available:
d: prescribing the form of statutory declaration, and the persons by whom a statutory declaration must be made, for the purposes of section 296ZB(3)
e: prescribing the time limits within which the information disclosure required by any regulations made under this section must be made to the public:
f: exempting or providing for the exemption of any person or class of persons from all or any of the requirements of any regulations made under this section:
g: providing for the revocation of an exemption of any person or class of persons from all or any of the requirements of any regulations made under this section.
2: Regulations under this section are secondary legislation ( see Part 3
3: If the regulations provide for the exemption of any class of persons under subsection (1)﻿(f), or for the revocation of an exemption of any class of persons under subsection (1)﻿(g),—
a: the instrument granting or revoking the exemption is secondary legislation ( see Part 3
b: the regulations must contain a statement to that effect. The following table is small in size and has 3 columns that are grouped under the heading Legislation Act 2019 requirements for secondary legislation referred to in subsection (2). Legislation Act 2019 requirements for secondary legislation referred to in subsection (2) Publication PCO must publish it on the legislation website and notify it in the Gazette LA19 s 69(1)﻿(c) Presentation The Minister must present it to the House of Representatives LA19 s 114 cl 32(1)﻿(a) Disallowance It may be disallowed by the House of Representatives LA19 ss 115 116 This note is not part of the Act. The following table is small in size and has 3 columns that are grouped under the heading Legislation Act 2019 requirements for secondary legislation referred to in subsection (3)﻿(a). Legislation Act 2019 requirements for secondary legislation referred to in subsection (3)﻿(a) Publication See the relevant publication, presentation, and disallowance table in the secondary legislation referred to in subsection (2) LA19 ss 73 74 cl 14 Presentation The Minister must present it to the House of Representatives, unless a transitional exemption applies under Schedule 1 LA19 s 114 cl 32 Disallowance It may be disallowed by the House of Representatives LA19 ss 115 116 This note is not part of the Act. Section 296ZA inserted 9 September 1999 section 65 Fisheries Act 1996 Amendment Act 1999 Section 296ZA(2) inserted 28 October 2021 section 3 Secondary Legislation Act 2021 Section 296ZA(3) inserted 28 October 2021 section 3 Secondary Legislation Act 2021
296ZB: Information to be supplied to chief executive
1: Every approved service delivery organisation must supply to the chief executive,—
a: within 5 working days after the statements and information are first made available, a copy of all statements and information made available to the public under regulations made under section 296ZA
b: any further statements, reports, agreements, particulars, or other information requested in writing by the chief executive that are reasonably necessary for the purpose of monitoring the organisation's compliance with those regulations.
2: Every approved service delivery organisation to whom a request is made under subsection (1)﻿(b) must comply with the request within 30 days after receiving it, or within such further period as the chief executive may, in any particular case, allow.
3: All statements, reports, agreements, particulars, or information supplied to the chief executive under subsection (1) must be verified by statutory declaration by the persons and in the form prescribed by regulations made under section 296ZA(d) Section 296ZB inserted 9 September 1999 section 65 Fisheries Act 1996 Amendment Act 1999
296ZC: Supply of information relating to business of approved service delivery organisation
1: For the purpose of monitoring an approved service delivery organisation's compliance with regulations made under section 296ZA section 296Q
2: The Minister may revoke, vary, or amend a notice by giving a subsequent notice to the organisation.
3: An approved service delivery organisation commits an offence against this Act if it—
a: fails to comply with any requirements of the Minister under this section; or
b: supplies information or data that the organisation is required to supply under this section knowing that it is false or misleading in a material particular; or
c: knowingly omits any material particular in any information or data that the organisation is required to supply under this section.
4: The penalty on conviction for an offence against subsection (3)﻿(a) is set out in section 252(3)
5: The penalty on conviction for an offence against subsection (3)﻿(b) or (c) is set out in section 252(1) Section 296ZC inserted 9 September 1999 section 65 Fisheries Act 1996 Amendment Act 1999
296ZD: Requirement that information be audited
1: The Minister may, by notice in writing to an approved service delivery organisation, require any information or data that the organisation is required to supply under section 296ZC
2: An approved service delivery organisation commits an offence against this Act if it fails to comply with this section.
3: The penalty on conviction for an offence against subsection (2) is set out in section 252(3) Section 296ZD inserted 9 September 1999 section 65 Fisheries Act 1996 Amendment Act 1999
296ZE: Disclosure of information to Minister
1: Any person must disclose to the Minister information relating to the affairs of an approved service delivery organisation if, in the course of or in connection with performing the role of auditor of the organisation, the person forms an opinion that there is a serious problem with the organisation.
2: For the purposes of this Part, a serious problem
a: is not operating, or is likely not to operate, in any material respect in accordance with—
i: the provisions of this Act
ii: any applicable standards and specifications; or
iii: an applicable direction under section 296Q
b: is insolvent or likely to become insolvent.
3: For the avoidance of doubt, subsection (1) does not require a person who is an auditor of an approved service delivery organisation to perform or exercise functions, duties, or powers additional to those functions, duties, or powers that the person would ordinarily perform or exercise in the course of performing that role, other than to make disclosure to the Minister as required by subsection (1).
4: This section applies despite any enactment or rule of law, or anything in a contract. Section 296ZE inserted 9 September 1999 section 65 Fisheries Act 1996 Amendment Act 1999 Section 296ZE(2)﻿(a)﻿(i) amended 1 November 2022 section 23 Fisheries Amendment Act 2022
296ZF: Auditor to inform approved service delivery organisation of intention to disclose
An auditor must, before disclosing information to the Minister under section 296ZE
a: the auditor's intention to disclose the information; and
b: the nature of the information. Section 296ZF inserted 9 September 1999 section 65 Fisheries Act 1996 Amendment Act 1999
296ZG: Protection of auditors
1: No civil, criminal, or disciplinary proceedings lie against an auditor arising from the disclosure in good faith of information to the Minister under section 296ZE
2: No person may remove from office, or terminate the contract of appointment of, an auditor merely because of the disclosure in good faith of information to the Minister under section 296ZE
3: A tribunal, body, or authority having jurisdiction in respect of the professional conduct of an auditor must not make an order against, or do an act in relation to, that auditor in respect of the disclosure.
4: Information received by the Minister under section 296ZE
5: Nothing in subsection (4) limits the admissibility of information obtained in any other way. Section 296ZG inserted 9 September 1999 section 65 Fisheries Act 1996 Amendment Act 1999
296ZH: Unique identifiers
1: The purpose of this section is—
a: to enable approved service delivery organisations to assign to any person specified in section 189
b: to restrict approved service delivery organisations from using such unique identifiers for purposes other than carrying out the specified functions, duties, or powers transferred to them under section 296B
2: Despite information privacy principle 13(2) section 22 section 189
3: This section does not authorise an approved service delivery organisation to use a unique identifier assigned by the chief executive, except for the purpose of carrying out the specified functions, duties, or powers that have been transferred to that approved service delivery organisation under section 296B Section 296ZH inserted 9 September 1999 section 65 Fisheries Act 1996 Amendment Act 1999 Section 296ZH(2) amended 1 December 2020 section 217 Privacy Act 2020
296ZI: Regulations
1: The Governor-General may from time to time, by Order in Council, make regulations for all or any of the following purposes:
a: specifying those failures to comply with specified standards or specifications, or directions under section 296Q
b: prescribing the number of demerit points to be recorded in respect of specified failures:
c: prescribing the amount of civil penalties payable in respect of different amounts or levels of demerit points incurred by an approved service delivery organisation in any financial year.
2: Without limiting subsection (1), regulations made under this section may provide for graduated scales of demerit points and civil penalties.
3: The total amount of civil penalties that may be incurred by an organisation in any financial year, as prescribed by regulations made under this section, may not exceed $500,000.
4: Regulations under this section are secondary legislation ( see Part 3 The following table is small in size and has 3 columns that are grouped under the heading Legislation Act 2019 requirements for secondary legislation made under this section. Legislation Act 2019 requirements for secondary legislation made under this section Publication PCO must publish it on the legislation website and notify it in the Gazette LA19 s 69(1)﻿(c) Presentation The Minister must present it to the House of Representatives LA19 s 114 cl 32(1)﻿(a) Disallowance It may be disallowed by the House of Representatives LA19 ss 115 116 This note is not part of the Act. Section 296ZI inserted 9 September 1999 section 65 Fisheries Act 1996 Amendment Act 1999 Section 296ZI(4) inserted 28 October 2021 section 3 Secondary Legislation Act 2021
16: Miscellaneous provisions
297: General regulations
1: The Governor-General may from time to time, by Order in Council, make regulations for all or any of the following purposes:
a: regulating or controlling fishing and the possession, processing, and disposal of fish, aquatic life, or seaweed including any of the following:
i: regulating, authorising, or prohibiting the taking or possession of any fish, aquatic life, or seaweed of any stock or species:
ii: regulating, authorising, or prohibiting the taking or possession of fish, aquatic life, or seaweed from any area:
iii: regulating or prohibiting the taking or possession of fish, aquatic life, or seaweed at any time, or for any period:
iv: regulating or prohibiting the taking or possession of fish, aquatic life, or seaweed smaller, or larger, than a specified size:
v: regulating or prohibiting the taking, possession, or disposal of any fish, aquatic life, or seaweed that is in any specified condition or exhibits specified physical characteristics:
vi: regulating or prohibiting the return of fish, aquatic life, or seaweed to any waters:
vii: regulating or prohibiting any method of fishing:
viii: regulating or prohibiting the possession or use of any kind of gear, equipment, or device used for, or related to, fishing:
ix: regulating or prohibiting the use of fishing vessels or fish carriers:
x: regulating the number or weight of any fish, aquatic life, or seaweed that may be taken or possessed, whether by reference to any period or on any other basis whatever; and prohibiting the taking or possession of any number or weight of fish, aquatic life, or seaweed that exceeds the specified maximum number or weight:
xi: regulating the methods, equipment, and devices to be used for determining the size or weight of any fish, aquatic life, or seaweed:
xii: regulating the methods, equipment, and devices that may be used to process fish, aquatic life, or seaweed; and prohibiting the processing of fish, aquatic life, or seaweed otherwise than by that method or by use of such equipment or devices:
xiii: regulating the methods by, or the circumstances under which, fish, aquatic life, or seaweed may be held, stored, conveyed, or identified, including the use of any containers, marks, or labels:
xiv: for the purposes of section 191(1)﻿(c)
A: authorising the chief executive to approve alternative methods of disposal of fish, aquatic life, or seaweed:
B: providing for applications to use an approved alternative method of disposal and prescribing requirements relating to applications:
C: prescribing criteria that the chief executive must take into account in considering an application:
D: prescribing requirements relating to the disposal of fish, aquatic life, or seaweed by an approved method of disposal:
E: providing for, and prescribing requirements relating to, the verification of the alternative methods of disposal of fish, aquatic life, or seaweed.
b:
c: providing for the issue, refusal, renewal, suspension, revocation, surrender, or modification of licences to receive fish, aquatic life, or seaweed by the chief executive, and the imposing of conditions on such licences, whether by the chief executive or otherwise, for persons who wish to act as fish receivers and to purchase or otherwise acquire or be in possession, in prescribed circumstances, of fish, aquatic life, or seaweed taken for the purpose of sale:
ca: prescribing requirements relating to the provision, installation, and maintenance of electronic and other equipment (including, for the avoidance of doubt, the requirement for a class of person to provide, install, or maintain the equipment) to observe any fishing and related activities described in paragraph (e)
d: requiring, or authorising the chief executive to require,—
i: any applicant for any licence, permit, approval, or other authority under this Act; or
ii: the holder of any such authority— to provide to the chief executive such information as the chief executive may reasonably require for the purpose of this Act:
e: defining the vessels or classes or types of vessels to which any regulations are to apply:
f: conferring, and making any provisions with respect to, rights of appeal or review against decisions made under the regulations:
g: prescribing details and conditions relating to the registration of fishing vessels and fish carriers and related matters, the method or methods of identifying fishing vessels and fish carriers, the identification marks or symbols or distinguishing flags to be carried by such vessels and by tenders and similar vessels carried by or attached to or used in conjunction with registered vessels, and the identification marks on sails, nets or seines, and other gear used in fishing, by vessels or otherwise:
ga: requiring notified users and registered operators of vessels to notify the chief executive of the user of the vessel from time to time:
h: prescribing the accounts, records, returns, and information that any person or class of persons may be required to keep or provide under Part 10
i: the manner and form in which such accounts, records, returns, and information are to be kept or provided:
ii: the time for or within which such accounts, records, returns, and information are to be kept or provided:
iii: the person by or to whom such accounts, records, returns, and information are to be kept or provided:
iv: the places where such accounts, records, returns, and information are to be kept or provided:
ha: recognising, for the purposes of section 32(2)﻿(b)
hb: providing for the method of calculating provisional catch history for any highly migratory species to ensure consistency with the method used by an international fisheries organisation in determining New Zealand's national allocation for that species:
i: making, for the purpose of this Act, rules and other provisions with respect to the manner and order in which catch is to be balanced against annual catch entitlements or individual catch entitlements, including rules—
i: prescribing the manner of calculating reported catch and the information or evidence to be used as the basis for calculating such catch:
ii: to be applied in the balancing of annual catch entitlements or individual catch entitlements against reported catch:
iii: providing for remissions or refunds of deemed value amounts:
j: prescribing for the auditing of licensed fish receivers, including regulations—
i: requiring every licensed fish receiver to provide 1 or more certificates of system audit in respect of the receiving, accounting, and other systems required by this Act to be maintained by the licensed fish receiver, and requiring every licensed fish receiver to provide a description and details of such systems operated by that person:
ii: specifying the frequency with which certificates of system audit and other documentation should be provided to the chief executive:
iii: specifying the type or class of persons who may be approved by the chief executive to conduct audits and issue certificates of system audit:
iv: providing for the issuing of circulars and notices by the chief executive in relation to the processes and methods of system audit to be applied by approved persons:
k: making such provision as may be necessary or expedient for the purpose of giving effect to any determination in relation to any dispute made under section 123
l: prescribing forms and other documents required for the purpose of this Act:
m: prescribing—
i: the matters in respect of which fees or charges are payable under this Act, which may include, in relation to any application, an application fee and an additional processing charge:
ii: the amounts of the fees or charges, or the method or rates (including hourly rates) by which they are to be assessed, which may differ depending on whether or not an application is processed on an urgent basis:
iii: the persons liable to pay the fees or charges:
iv: the circumstances in which the Minister or the chief executive may remit or waive payment of the whole or any part of the fees or charges:
ma: without limiting paragraph (m), prescribing fees and charges payable under this Act in respect of the functions of the chief executive in relation to aquaculture activities or proposed aquaculture activities in the coastal marine area:
mb: without limiting paragraph (m), prescribing fees and charges payable under this Act in respect of the functions of observers, including regulations—
i: authorising the chief executive to determine the amount payable in individual cases within the minimum and maximum amounts or rates prescribed in the regulations:
ii: prescribing different amounts or rates in respect of different areas or classes of vessels:
iii: specifying the period in respect of which fees and charges are payable, which period may begin when the observer is available to board the vessel concerned while it is waiting in port:
iv: specifying the method by which the amount payable in any case is to be determined:
n: creating offences in respect of the contravention of, or non-compliance with, any regulations made under this Act; and providing for the imposition of fines not exceeding $100,000, including the imposition of different fines in respect of a first offence, a second offence, and subsequent offences:
na: prescribing infringement offences against this Act by commercial fishers and other persons, including—
i: offences in respect of fishing and related activities, such as offences in respect of—
A: the taking, possession, return, abandonment, processing, or sorting of fish or other animals that are aquatic life:
B: transportation connected with fishing:
C: measures to avoid, remedy, or mitigate fishing-related mortality:
ii: offences in respect of reporting and record-keeping requirements:
nb: prescribing the form of infringement notices and infringement offence reminder notices
nc: setting the infringement fee payable in respect of an infringement offence, which fee may not exceed $3,000; and setting different infringement fees for different infringement offences:
nd: specifying serious non-commercial offences for the purposes of this Act, which offences must be offences against regulations made under this Act
o: implementing any provisions of, or giving effect to, any bilateral or multilateral treaty, convention, or agreement to which New Zealand is a signatory or a party, or any understanding
oa: implementing or giving effect to provisional measures of an international court or tribunal:
p:
q: providing for the operation of registers under sections 98 124 , 186K , and 186ZE
qa: prescribing, for the purposes of section 158(1)
r:
s: prescribing such particulars and matters as are required to be shown in the Permit Register, the High Seas Permit Register,
sa: specifying the order in which the chief executive is to action transactions specified in the regulations for the purposes of section 63
t: specifying reasons on the basis of which applications to correct a register may be made under section 164 the chief executive section 165
u: setting out conditions and other provisions that apply to approvals given under section 296
v: prescribing circumstances in which, and times and places at which, a commercial fisher or a person authorised to fish in New Zealand fisheries waters under Part 5
w: closing an area or areas to commercial fishing, or prohibiting a method or methods of commercial fishing within an area or areas, for the purpose of better providing for recreational fishing for a stock under section 311
wa: authorising the Minister to set or vary management controls in respect of recreational fishing, including—
i: daily limits, maximum legal sizes, and minimum legal sizes for any stocks, species, or fisheries management areas; and
ii: conditions and requirements relating to the controls:
x: prescribing the matters required to be notified to commercial fishers under section 80(1)
y: providing for such other matters as are contemplated by or necessary for giving full effect to the provisions of this Act and for its due administration.
2: Without limiting anything in subsection (1), any such regulations may—
a: authorise the Minister or the chief executive to issue or impose, as the case may be, any authority, approval, requirement, prohibition, restriction, condition, direction, instruction, order, permit, notice, or circular:
b: exempt from compliance with or the application of any provisions of the regulations any person or species or vessel, or authorise the Minister or the chief executive to grant such exemptions as the regulations may specify.
3: Without limiting anything in this section or section 299(1)
a: fishing to which Part 5
b: New Zealand nationals and New Zealand ships when they are outside New Zealand fisheries waters.
3A: If the regulations authorise the Minister under subsection (1)﻿(wa)
a: the instrument by which that is done is secondary legislation ( see Part 3
b: the regulations must contain a statement to that effect.
4: Regulations under this section are secondary legislation ( see Part 3
5: Subsection (6) applies if regulations made under this section authorise any of the following:
a: the chief executive to require information referred to in subsection (1)﻿(d):
b: the Minister or chief executive to remit or waive fees or charges referred to in subsection (1)﻿(m)﻿(iv):
c: the Minister or chief executive to issue or impose an authority, approval, requirement, prohibition, restriction, condition, direction, instruction, order, permit, notice, or circular referred to in subsection (2)﻿(a):
d: the Minister or chief executive to grant exemptions referred to in subsection (2)﻿(b).
6: If this subsection applies,—
a: an instrument exercising that authority is secondary legislation ( see Part 3
i: 1 or more named persons; or
ii: in the case of an exemption referred to in subsection (2)﻿(b), 1 or more identified vessels; and
b: the regulations must contain a statement to that effect.
7: The following table is small in size and has 3 columns that are grouped under the heading Legislation Act 2019 requirements for secondary legislation referred to in subsection (3A). Legislation Act 2019 requirements for secondary legislation referred to in subsection (3A) Publication The maker must publish it in accordance with the Legislation (Publication) Regulations 2021 LA19 ss 69 73 74(1)﻿(aa) Presentation The Minister must present it to the House of Representatives, unless it is excluded by section 114(2) LA19 s 114 Disallowance It may be disallowed by the House of Representatives, unless it is excluded by section 115 LA19 ss 115 116 This note is not part of the Act. The following table is small in size and has 3 columns that are grouped under the heading Legislation Act 2019 requirements for secondary legislation referred to in subsection (4). Legislation Act 2019 requirements for secondary legislation referred to in subsection (4) Publication PCO must publish it on the legislation website and notify it in the Gazette LA19 s 69(1)﻿(c) Presentation The Minister must present it to the House of Representatives LA19 s 114 cl 32(1)﻿(a) Disallowance It may be disallowed by the House of Representatives LA19 ss 115 116 This note is not part of the Act. The following table is small in size and has 3 columns that are grouped under the heading Legislation Act 2019 requirements for secondary legislation referred to in subsection (6)﻿(a). Legislation Act 2019 requirements for secondary legislation referred to in subsection (6)﻿(a) Publication See the relevant publication, presentation, and disallowance table in the secondary legislation referred to in subsection (4) LA19 ss 73 74 cl 14 Presentation The Minister must present it to the House of Representatives, unless a transitional exemption applies under Schedule 1 LA19 s 114 cl 32 Disallowance It may be disallowed by the House of Representatives LA19 ss 115 116 This note is not part of the Act. Section 297(1)﻿(a)﻿(xiv) inserted 1 November 2022 section 15(1) Fisheries Amendment Act 2022 Section 297(1)﻿(b) repealed 1 October 2004 section 55(1) Fisheries Amendment Act (No 3) 2004 Section 279(1)﻿(ca) replaced 1 November 2022 section 15(2) Fisheries Amendment Act 2022 Section 297(1)﻿(ga) inserted 9 September 1999 section 66(1) Fisheries Act 1996 Amendment Act 1999 Section 297(1)﻿(ha) inserted 1 October 2004 section 55(2) Fisheries Amendment Act (No 3) 2004 Section 297(1)﻿(hb) inserted 1 October 2004 section 55(2) Fisheries Amendment Act (No 3) 2004 Section 297(1)﻿(i)﻿(iii) substituted 9 September 1999 section 66(2) Fisheries Act 1996 Amendment Act 1999 Section 297(1)﻿(m) substituted 9 September 1999 section 66(3) Fisheries Act 1996 Amendment Act 1999 Section 297(1)﻿(ma) inserted 1 October 2011 section 25 Fisheries Amendment Act 2011 Section 297(1)﻿(mb) inserted 8 August 2014 section 15(2) Fisheries (Foreign Charter Vessels and Other Matters) Amendment Act 2014 Section 279(1)﻿(na) replaced 1 November 2022 section 15(3) Fisheries Amendment Act 2022 Section 297(1)﻿(nb) inserted 9 September 1999 section 66(4) Fisheries Act 1996 Amendment Act 1999 Section 297(1)﻿(nb) amended 1 October 2004 section 55(3) Fisheries Amendment Act (No 3) 2004 Section 297(1)﻿(nc) inserted 9 September 1999 section 66(4) Fisheries Act 1996 Amendment Act 1999 Section 297(1)﻿(nd) inserted 9 September 1999 section 66(4) Fisheries Act 1996 Amendment Act 1999 Section 297(1)﻿(nd) amended 1 November 2022 section 23 Fisheries Amendment Act 2022 Section 297(1)﻿(o) amended 1 October 2001 section 30 Fisheries Amendment Act 2001 Section 297(1)﻿(oa) inserted 1 May 2001 section 26(2) Fisheries Act 1996 Amendment Act (No 2) 1999 Section 297(1)﻿(p) repealed 25 August 2005 section 75 Overseas Investment Act 2005 Section 297(1)﻿(q) amended 1 January 2005 section 17 Fisheries Amendment Act (No 3) 2004 Section 297(1)﻿(qa) inserted 26 May 2001 section 25 Fisheries (Remedial Issues) Amendment Act 2001 Section 297(1)﻿(r) repealed 9 September 1999 section 66(5) Fisheries Act 1996 Amendment Act 1999 Section 297(1)﻿(s) amended 1 May 2001 section 26(3) Fisheries Act 1996 Amendment Act (No 2) Act 1999 Section 297(1)﻿(sa) inserted 9 September 1999 section 66(6) Fisheries Act 1996 Amendment Act 1999 Section 297(1)﻿(t) amended 9 September 1999 section 90(2) Fisheries Act 1996 Amendment Act 1999 Section 297(1)﻿(wa) inserted 1 November 2022 section 15(4) Fisheries Amendment Act 2022 Section 297(3) substituted 1 May 2001 section 26(4) Fisheries Act 1996 Amendment Act (No 2) 1999 Section 297(3A) inserted 1 November 2022 section 15(5) Fisheries Amendment Act 2022 Section 297(4) inserted 28 October 2021 section 3 Secondary Legislation Act 2021 Section 297(5) replaced 28 October 2021 section 3 regulation 25 Legislation Act (Amendments to Legislation) Regulations 2021 Section 297(6) replaced 28 October 2021 section 3 regulation 25 Legislation Act (Amendments to Legislation) Regulations 2021 Section 297(7) repealed 28 October 2021 section 3 regulation 25 Legislation Act (Amendments to Legislation) Regulations 2021
298: Regulations relating to sustainability measures
1: Without limiting the generality of section 297
a: implementing any sustainability measure or the variation of any sustainability measure set or varied under section 11
b: if there is no applicable approved population management plan for the time being in force under section 14F section 3E
c: if there is an applicable approved population management plan for the time being in force under section 14F section 3E
i: to ensure that the maximum allowable fishing-related mortality level set by the relevant population management plan is not exceeded:
ii: to further avoid, remedy, or mitigate any adverse effects of fishing on the relevant protected species:
d: requiring, or authorising the Minister or the chief executive to require, any person or class of persons specified in section 189
2: Regulations under this section are secondary legislation ( see Part 3
3: If the regulations authorise the Minister or chief executive under subsection (1)﻿(d) to require a class of persons to provide information relating to fishing-related mortality,—
a: the instrument by which that requirement is imposed is secondary legislation ( see Part 3
b: the regulations must contain a statement to that effect. The following table is small in size and has 3 columns that are grouped under the heading Legislation Act 2019 requirements for secondary legislation referred to in subsection (2). Legislation Act 2019 requirements for secondary legislation referred to in subsection (2) Publication PCO must publish it on the legislation website and notify it in the Gazette LA19 s 69(1)﻿(c) Presentation The Minister must present it to the House of Representatives LA19 s 114 cl 32(1)﻿(a) Disallowance It may be disallowed by the House of Representatives LA19 ss 115 116 This note is not part of the Act. The following table is small in size and has 3 columns that are grouped under the heading Legislation Act 2019 requirements for secondary legislation referred to in subsection (3)﻿(a). Legislation Act 2019 requirements for secondary legislation referred to in subsection (3)﻿(a) Publication See the relevant publication, presentation, and disallowance table in the secondary legislation referred to in subsection (2) LA19 ss 73 74 cl 14 Presentation The Minister must present it to the House of Representatives, unless a transitional exemption applies under Schedule 1 LA19 s 114 cl 32 Disallowance It may be disallowed by the House of Representatives LA19 ss 115 116 This note is not part of the Act. Section 298(2) inserted 28 October 2021 section 3 Secondary Legislation Act 2021 Section 298(3) inserted 28 October 2021 section 3 Secondary Legislation Act 2021
298A: Regulations relating to demerit points
1: The Governor-General may from time to time, by Order in Council, make regulations for all or any of the following purposes:
a: authorising the Minister or the chief executive to record demerit points against any of the following persons who commit a specified infringement offence:
i: the master of a vessel:
ii: the holder of a fishing permit:
b: prescribing the number of demerit points or a graduated scale of demerit points that may be recorded for specified infringement offences (including a greater number of demerit points for committing a second or subsequent infringement offence):
c: specifying different classes of infringement offence that are liable to demerit points:
d: providing for the expiry of recorded demerit points no later than 3 years after the date on which the specified infringement offence is committed:
e: prescribing a civil penalty not exceeding $10,000, which may be a fixed amount or a graduated scale of civil penalties for different levels of recorded demerit points:
f: providing for the review of penalties imposed for recorded demerit points:
g: providing for appeals against penalties imposed for recorded demerit points:
h: providing for the review of video recordings and associated information made by equipment placed on a fishing vessel under section 227A
i: providing for the effective operation of the demerit point system under this section, including regulations that—
i: specify how demerit points (including accumulated demerit points) are to be recorded, including the information to be recorded in connection with the recorded demerit points:
ii: authorise the chief executive to require persons to provide that specified information:
iii: provide for the giving of notices in respect of demerit points.
2: Regulations made under this section must provide for the matters specified in subsection (1)﻿(f) and (g).
3: This section does not limit the generality of section 297
4: Regulations made under this section are secondary legislation ( see Part 3 The following table is small in size and has 3 columns that are grouped under the heading Legislation Act 2019 requirements for secondary legislation made under this section. Legislation Act 2019 requirements for secondary legislation made under this section Publication PCO must publish it on the legislation website and notify it in the Gazette LA19 s 69(1)﻿(c) Presentation The Minister must present it to the House of Representatives LA19 s 114 Disallowance It may be disallowed by the House of Representatives LA19 ss 115 116 This note is not part of the Act. Section 298A inserted 1 November 2022 section 16 Fisheries Amendment Act 2022
299: Regulations relating to foreign licensed access
1: Without limiting the generality of section 297
a: prescribing, in relation to licences under section 83
i: the manner of applying for licences:
ii: the form of applications for licences:
iii: the terms for which licences may be granted:
b: providing for the production of such licences by licensees to specified New Zealand authorities when required to do so, and the inspection of licences by such authorities:
c: requiring applicants for licences, and licensees, to designate authorised agents in New Zealand in respect of foreign fishing vessels:
d: making such other provision as may be necessary or expedient to ensure that foreign fishing vessels are used for fishing within the exclusive economic zone only in accordance with the terms and conditions of their licences:
e: prescribing the amount of the fees, charges, and royalties payable to the Crown under Part 5
f: prescribing particular types of highly migratory stock, and regulating, in a manner not inconsistent with Part 5
g: creating offences for breaches of any such regulations; and imposing in respect of such offences—
i: in the case of an owner or operator of a foreign fishing vessel, fines not exceeding $500,000:
ii: in the case of a licensee or master of a foreign fishing vessel, fines not exceeding $250,000:
h: prescribing the forms of notices and the procedures (including procedures and approval methods for the service of notices) to be followed for the purposes of Part 5
2: Regulations made under this section may make different provision for different parts of the exclusive economic zone and for different stocks.
3: Regulations made under subsection (1)﻿(e) shall be made on the recommendation of the Minister and, in recommending the making of such regulations, the Minister may take into account the cost of implementing the provisions of this Act with respect to foreign fishing vessels within the exclusive economic zone, including the cost of managing fisheries resources, fisheries research, and the administration and enforcement of this Act and other relevant enactments.
4: Regulations under this section are secondary legislation ( see Part 3 1977 No 28 s 22 1980 No 146 s 2(2) The following table is small in size and has 3 columns that are grouped under the heading Legislation Act 2019 requirements for secondary legislation made under this section. Legislation Act 2019 requirements for secondary legislation made under this section Publication PCO must publish it on the legislation website and notify it in the Gazette LA19 s 69(1)﻿(c) Presentation The Minister must present it to the House of Representatives LA19 s 114 cl 32(1)﻿(a) Disallowance It may be disallowed by the House of Representatives LA19 ss 115 116 This note is not part of the Act. Section 299(4) inserted 28 October 2021 section 3 Secondary Legislation Act 2021
299A: Amendments to update Schedule 1A
1: The Governor-General may from time to time, by Order in Council,—
a: amend Schedule 1A
b: revoke Schedule 1A
2: An order under this section is secondary legislation ( see Part 3 The following table is small in size and has 3 columns that are grouped under the heading Legislation Act 2019 requirements for secondary legislation made under this section. Legislation Act 2019 requirements for secondary legislation made under this section Publication PCO must publish it on the legislation website and notify it in the Gazette LA19 s 69(1)﻿(c) Presentation The Minister must present it to the House of Representatives LA19 s 114 cl 32(1)﻿(a) Disallowance It may be disallowed by the House of Representatives LA19 ss 115 116 This note is not part of the Act. Section 299A inserted 1 May 2001 section 27 Fisheries Act 1996 Amendment Act (No 2) 1999 Section 299A(2) replaced 28 October 2021 section 3 Secondary Legislation Act 2021
300: Dockside monitoring
1: Without limiting the generality of section 297
a: requiring that fish, aquatic life, or seaweed be landed at designated landing sites or designated weighing stations, at specified times, with an appointed person present:
b: providing for the designation of sites by the chief executive as landing sites or weighing stations, and providing for different sites to be so designated for different classes of vessels, stocks, or commercial fishers:
c: requiring any owners, operators, or masters of vessels, or any permit holders, or any of them, to notify appointed persons of the intention to land fish, aquatic life, or seaweed:
d: providing for the appointment of persons to inspect catch, and to monitor and verify the accuracy of any information recorded in the catch, effort, and landing returns (or other prescribed returns), and for the resignation or removal of such persons:
e: empowering appointed persons to give directions as to the manner in which fish, aquatic life, or seaweed, or any prescribed returns, are to be presented for inspection:
f: prescribing the form of documents to be completed, the time and manner in which such documents are to be completed, and the persons to whom completed documents are to be sent.
2: The Crown, the chief executive, and appointed persons shall not be liable for any loss or damage caused as a result of any person lawfully carrying out functions or duties conferred or imposed by regulations made for any purpose referred to in subsection (1).
3: Regulations under this section are secondary legislation ( see Part 3 The following table is small in size and has 3 columns that are grouped under the heading Legislation Act 2019 requirements for secondary legislation made under this section. Legislation Act 2019 requirements for secondary legislation made under this section Publication PCO must publish it on the legislation website and notify it in the Gazette LA19 s 69(1)﻿(c) Presentation The Minister must present it to the House of Representatives LA19 s 114 cl 32(1)﻿(a) Disallowance It may be disallowed by the House of Representatives LA19 ss 115 116 This note is not part of the Act. Section 300(3) inserted 28 October 2021 section 3 Secondary Legislation Act 2021
301: Regulations relating to freshwater fish farming
1: Without limiting the generality of section 297
a: authorising persons, to be registered for the purpose, to construct and maintain ponds as fish farms for breeding and rearing fish (other than trout), aquatic life, or seaweed for sale subject to such conditions as are specified in the regulations:
b: regulating the operation of fish farms subject to such conditions as are specified in the regulations, and prohibiting the operation of any such fish farm, and the sale, disposal, transport, or export of any fish, aquatic life, or seaweed from such a fish farm without a licence:
c: providing for the registration of persons who may hold licences to operate fish farms and for the qualifications those persons are required to hold and the conditions with which they are required to comply before being granted registration and in order to remain registered:
d: providing for the appointment of officers, including any class of officers with specialist qualifications, to inspect such fish farms and ensure that any regulations made under this section are enforced, and for the inspection of any such fish farm or facilities for processing or storing any fish, aquatic life, or seaweed reared on the farm:
e: providing for the application for, issue, revocation, renewal, variation, and transfer of licences in respect of any such operation, and the form and contents of any such licence; and prescribing the fees payable in advance in respect of any such matter relating to any such licence and the fees payable annually or 6-monthly in advance for the continued validity of any such licence:
f: specifying the species, subspecies, varieties, or hybrids of fish, aquatic life, or seaweed that may be bred or reared in any such farm; and regulating the types and quantities of food that may be fed to any such fish, aquatic life, or seaweed, and the methods of feeding:
g: regulating or prohibiting the sale, possession, disposal, or processing of any such fish, aquatic life, or seaweed:
h: providing for the keeping by the licensee of any fish farm of records of fish, aquatic life, or seaweed acquired, kept, and disposed of, and for the keeping of records relating to those fish, aquatic life, or seaweed by any other licensee or other person:
i: prescribing the measures to be taken to avoid the outbreak, or on an outbreak, of any disease among the fish, aquatic life, or seaweed, and authorising or requiring the taking of any specimen, the testing of any thing, or the sampling of any substance present on any fish farm, and authorising or requiring the removal of any specimen or sample, or the destruction of diseased fish, aquatic life, or seaweed, whether with or without payment of compensation.
2: Regulations under this section are secondary legislation ( see Part 3 1983 No 14 s 91 1991 No 149 s 26(1) The following table is small in size and has 3 columns that are grouped under the heading Legislation Act 2019 requirements for secondary legislation made under this section. Legislation Act 2019 requirements for secondary legislation made under this section Publication PCO must publish it on the legislation website and notify it in the Gazette LA19 s 69(1)﻿(c) Presentation The Minister must present it to the House of Representatives LA19 s 114 cl 32(1)﻿(a) Disallowance It may be disallowed by the House of Representatives LA19 ss 115 116 This note is not part of the Act. Section 301(2) inserted 28 October 2021 section 3 Secondary Legislation Act 2021
302: General provisions as to regulations
1: Any regulations made under this Act may apply generally throughout New Zealand fisheries waters , generally throughout the high seas,
2: All authorities, approvals, requirements, conditions, directions, instructions, orders, permits, notices, and circulars issued or imposed under regulations made under this Act shall have effect according to their tenor and shall be complied with by all persons affected thereby. Section 302(1) amended 1 May 2001 section 28 Fisheries Act 1996 Amendment Act (No 2) 1999
302A: Gazette Section 302A repealed 1 November 2022 section 17 Fisheries Amendment Act 2022
303: Certain secondary legislation or published instruments may be consolidated
Secondary legislation made by same maker and with same publishing requirements
1: The Minister or the chief executive (the maker
a: the maker has made, or may make, under a provision of this Act, or of regulations made under this Act, by satisfying the same requirements for publishing the secondary legislation; and
b: is not drafted by the PCO ( see section 67 Other instruments made by same maker and with same publishing requirements
2: The Minister or the chief executive (the maker
a: the maker has made, or may make, under any provisions of this Act, or of regulations made under this Act, by satisfying the same requirements for publishing the instruments; and
b: are not secondary legislation. Once this section is applied to specific instruments
3: The powers of the maker to amend or replace the specific instruments (whether given by a specific empowering provision, section 48
a: revoke any specific instrument that has been made (a revoked instrument
b: make an instrument under any of the specific empowering provisions (the new instrument
i: has the same effect that all or part of the revoked instrument or instruments had immediately before being revoked; and
ii: otherwise has any further effect (if any) authorised by the specific empowering provisions (the new or amended parts
4: For each part of the new instrument (the replacement part revoked part
a: the replacement part must be treated as being made under the specific empowering provision under which the revoked part was made; and
b: any requirements for making the replacement part or for revoking the revoked part, other than the requirements for publication, must be treated as being satisfied to the extent that the requirements for making the revoked part were satisfied when it was made.
5: To avoid doubt,—
a: the new or amended parts of the new instrument (if any) are made under the relevant specific empowering provisions; and
b: any requirements of the relevant specific empowering provisions must be satisfied in making those parts.
6: A revoked instrument continues to have effect, as if it had not been revoked, in relation to any matter in a period to which the revoked instrument applied.
7: In this section,— instrument section 5 maker specific empowering provisions
a: empower the making of the specific instruments; and
b: are referred to in the subsection under which the maker applies this section to the specific instruments specific instruments
a: have been made (and are to be revoked); or
b: are able to be made. Section 303 replaced 1 November 2022 section 18 Fisheries Amendment Act 2022
304: Circulars
1: Regulations under this Act may provide for the promulgation from time to time by the chief executive of circulars specifying general criteria for the drawing up, accomplishment, demonstration, carrying on, or provision for any act, plan, proposal, matter, system, process, or thing.
2: Where
a: approved by the chief executive or a fishery officer, it shall be deemed so to have been approved if it is in conformity with general criteria relating to it specified in a circular or circulars
b: accomplished, demonstrated, carried on, or provided for to the satisfaction of the chief executive or a fishery officer, it shall be deemed so to have been accomplished, demonstrated, carried on, or provided for if it is in conformity with general criteria relating to it specified in a circular or circulars
c: accomplished, demonstrated, carried on, or provided for to an extent that, in the opinion of the chief executive or a fishery officer, meets or tends to meet some particular result, it shall be deemed so to have been accomplished, demonstrated, carried on, or provided for if it is in conformity with general criteria relating to it specified in a circular or circulars
3: The powers of the chief executive or a fishery officer to approve or be satisfied of, or to take any action in relation to (a prerequisite to the taking of which action is that he or she may have a particular opinion about), any act, plan, proposal, matter, system, process, or thing shall not be limited or affected by any matter contained in a circular 1983 No 14 s 92 Section 304(2) amended 9 September 1999 section 68(1)﻿(a) Fisheries Act 1996 Amendment Act 1999 Section 304(2)﻿(a) amended 9 September 1999 section 68(1)﻿(b) Fisheries Act 1996 Amendment Act 1999 Section 304(2)﻿(b) amended 9 September 1999 section 68(1)﻿(b) Fisheries Act 1996 Amendment Act 1999 Section 304(2)﻿(c) amended 9 September 1999 section 68(1)﻿(b) Fisheries Act 1996 Amendment Act 1999 Section 304(3) amended 9 September 1999 section 68(2) Fisheries Act 1996 Amendment Act 1999
305: Application of Commodity Levies Act 1990
Notwithstanding anything in the Commodity Levies Act 1990
a: it shall be sufficient compliance with section 5(2)﻿(ac) section 6(1) or more
i: quota shares in respect of the commodity:
ii: the landed value of the commodity:
iii: the greenweight or meatweight of the commodity:
aa: if it is proposed that the levy will be imposed on the basis of 2 or more of the units of measurement in paragraphs (a)﻿(i) to (iii), the Minister may approve the conversion of 1 or more of those units into another unit, being one of the units in paragraph (a)﻿(i) to (iii) or another unit, if—
i: the Minister is satisfied that it is reasonable to convert to another unit of measurement; and
ii: the Minister is satisfied that the method of conversion is reasonable; and
iii: the method of conversion is stated in the ballot paper:
b: section 5(2)﻿(af), and (ah) to (ak)
i: the quota shares:
ii: the value of the commodity:
iii: the greenweight or meatweight of the commodity:
iv: 1 or more units of measurement in paragraphs (i) to (iii) converted into another unit of measurement under paragraph (aa).
c: the enhancement of fisheries resources shall be a purpose for which a levy may be spent under section 10(2) Section 305(a) amended 9 September 1999 section 69 Fisheries Act 1996 Amendment Act 1999 Section 305(aa) inserted 26 May 2001 section 26 Fisheries (Remedial Issues) Amendment Act 2001 Section 305(b) substituted 26 May 2001 section 26 Fisheries (Remedial Issues) Amendment Act 2001
305A: Powers of chief executive when false or misleading information given
1: The chief executive may amend or revoke all or any part of an approval, authority, licence, permission, or permit given under this Act, or a decision made under this Act, or a registration completed under this Act, (the specified action
a: the chief executive is satisfied that the specified action was given, made, or completed on the basis of false or misleading information; and
b: the false or misleading information was material to the giving, making, or completion of the specified action; and
c: the chief executive gives notice in writing of his or her intention to amend or revoke the specified action to the appropriate one of the following:
i: the holder of the approval, authority, licence, permission, or permit; or
ii: the person in relation to whom the decision was made or the registration was completed; and
d: the notice is accompanied by a statement of the chief executive's reasons for the proposed revocation or amendment; and
e: the chief executive gives the person to whom the notice is given a reasonable opportunity to make submissions in relation to the proposed revocation or amendment; and
f: the chief executive considers any submissions made by that person.
2: An amendment or revocation under subsection (1) is made by giving notice in writing to the appropriate one of the following:
a: the holder of the approval, authority, licence, permission, or permit; or
b: the person in relation to whom the decision was made or the registration was completed. Section 305A inserted 9 September 1999 section 70 Fisheries Act 1996 Amendment Act 1999 Provisions relating to applications Heading inserted 9 September 1999 section 70 Fisheries Act 1996 Amendment Act 1999
305B: Requirements applying generally to applications and requests under this Act
1: An application or a request made under this Act to the chief executive must comply with the following requirements:
a: the application or request must be in the approved form (if any):
b: the application or request must be supported by such evidence or information as may be specified in the approved form:
c: the prescribed fee or charge (if any) must be paid in respect of the application or request.
2: The chief executive may, but does not have to, accept an application or request if it does not comply with subsection (1).
3: The lodging of an aquaculture agreement for registration under section 186ZH or a pre-request aquaculture agreement for registration under section 186ZM Section 305B inserted 9 September 1999 section 70 Fisheries Act 1996 Amendment Act 1999 Section 305B(3) added 1 January 2005 section 19 Fisheries Amendment Act (No 3) 2004 Section 305B(3) amended 1 October 2011 section 26 Fisheries Amendment Act 2011
305C: Chief executive may require additional information
1: The chief executive may require an applicant or a person who makes a request under this Act to provide such relevant additional information or evidence as the chief executive considers necessary on reasonable grounds to enable the chief executive to consider the applicant's application or request.
2: The chief executive may require any such information or evidence to be given by way of a statutory declaration. Section 305C inserted 9 September 1999 section 70 Fisheries Act 1996 Amendment Act 1999 Provisions relating to notices
306: Giving of notices, etc
1: Except as otherwise specified in this Act, if under this Act any notice or other document is to be given, served on, or furnished to any person, that notice or other document may be—
a: given to the person personally; or
b: sent by registered post to the person at the person's usual or last known place of business or abode; or
c: given personally to any other person authorised to act on behalf of the person; or
d: sent by registered post to that other person at that other person's usual or last known place of business or abode; or
e: except in the case of any notice or document to be given or served in the course of or for the purpose of any proceedings for an offence against this Act, sent by post to the person, or any other person authorised to act on the person's behalf, at that person's or other person's usual or last known place of business or abode; or
f: except in the case of any notice or document to be given or served in the course of or for the purpose of any proceedings for an offence against this Act, sent by electronic transmission to the person, or any other person authorised to act on the person's behalf, at that person's or other person's usual or last known address; and, for the purposes of this paragraph,—
i: the term electronic transmission
ii: the term address
2: Any notice or other document so sent by post or registered post shall be deemed to have been given, served, or received 7 days after the date on which it was posted, unless the person to whom it was posted proves that, otherwise than through that person's fault, the notice or document was not received. 1983 No 14 s 88A 1990 No 29 s 41
307: Ornamental fish
1: For the purpose of this Act, the chief executive may from time to time, by notice
2: A notice under this section is secondary legislation ( see Part 3 The following table is small in size and has 3 columns that are grouped under the heading Legislation Act 2019 requirements for secondary legislation made under this section. Legislation Act 2019 requirements for secondary legislation made under this section Publication The maker must publish it in the Gazette LA19 ss 73 74(1)﻿(a) cl 14 Presentation The Minister must present it to the House of Representatives LA19 s 114 cl 32(1)﻿(a) Disallowance It may be disallowed by the House of Representatives LA19 ss 115 116 This note is not part of the Act. Section 307(1) amended 28 October 2021 section 3 Secondary Legislation Act 2021 Section 307(2) inserted 28 October 2021 section 3 Secondary Legislation Act 2021
308: Protection of the Crown, etc
1: No transfer of quota or annual catch entitlement by the chief executive under any of sections 22 23 26 52 67 , 67A , and 347A
a: shall be regarded as placing the Crown or any other person in breach of, or default under, any contract or arrangement relating to quota or annual catch entitlements, except to the extent that specific provision to the contrary is made in the relevant contract or other arrangement; or
b: shall invalidate any contract or other arrangement in relation to quota or annual catch entitlements, or be regarded as giving rise to a right for any person to terminate or cancel any such contract or other arrangement, except to the extent that specific provision to the contrary is made in the relevant contract or other arrangement; or
c: shall be regarded as otherwise making the Crown guilty of a civil wrong.
2: Nothing effected or authorised by—
a: any provision of this Act that contains or provides for measures to ensure sustainability (including sustainability measures, conditions on permits, special permits, or licences for the purpose of ensuring sustainability, and the varying of any total allowable commercial catch as a direct consequence of a variation in the corresponding total allowable catch); or
b: any provision of this Act that contains or provides for measures relating to the introduction of a stock to the quota management system (including the setting of the total allowable commercial catch and transitional provisions for bringing under this Act any species or classes of fish, aquatic life, or seaweed that were, immediately before the commencement of Part 4 Part 2A
ba: any provision of this Act providing or having the effect that catch history ceases to be the basis for quota allocation for any stock or species; or
c: any of sections 11 13 14 15 16 19 , 22 23 25 26 29A , 45 47 52 53 54 56 to 58B , 67 67A , 81 82 147 148 163 289 319 320 321 329 338 339 340 347A , 352 362 367 368 369 , 369A , 369B , 369C , 369D , 369E , 369F , and 369T
d: any provision of the Fisheries Act 1983 shall be regarded as making the Crown liable to pay compensation or damages to any person. Section 308(1) amended 9 September 1999 section 71(1) Fisheries Act 1996 Amendment Act 1999 Section 308(2)﻿(ba) inserted 1 October 2004 section 57(1) Fisheries Amendment Act (No 3) 2004 Section 308(2)﻿(c) amended 25 August 2005 section 75 Overseas Investment Act 2005 Section 308(2)﻿(c) amended 1 October 2004 section 57(2)﻿(a) Fisheries Amendment Act (No 3) 2004 Section 308(2)﻿(c) amended 1 October 2004 section 57(2)﻿(b) Fisheries Amendment Act (No 3) 2004 Section 308(2)﻿(c) amended 1 October 2004 section 57(2)﻿(c) Fisheries Amendment Act (No 3) 2004 Section 308(2)﻿(c) amended 9 September 1999 section 71(2)﻿(a) Fisheries Act 1996 Amendment Act 1999 Section 308(2)﻿(c) amended 9 September 1999 section 71(2)﻿(b) Fisheries Act 1996 Amendment Act 1999 Section 308(2)﻿(c) amended 9 September 1999 section 71(2)﻿(c) Fisheries Act 1996 Amendment Act 1999 Section 308(2)﻿(c) amended 9 September 1999 section 71(2)﻿(d) Fisheries Act 1996 Amendment Act 1999
309: Power to withhold compensation where amounts owing to Crown
1: Notwithstanding anything in section 28OL Fisheries Act 1983 Part 2A
2: The amount of any compensation payment deferred under subsection (1) shall not exceed the amount so due.
310: Southern scallop enhancement programmes
1: Any person or organisation may develop an enhancement programme for the southern scallop fishery, after consultation with the Minister and such other persons or organisations as the Minister considers to be representative of the classes of persons having an interest in the southern scallop fishery, including Maori, environmental, commercial, and recreational interests.
2: No enhancement programme developed under subsection (1) shall be implemented in the southern scallop fishery, or varied, without the prior written approval of the Minister of Fisheries, which approval may be given subject to such conditions as the Minister may specify, and the payment of such fee (if any) as the Minister may impose for the purpose of approving the enhancement programme, and shall specify the person or organisation who shall be responsible for the implementation of the enhancement programme.
3: Any enhancement programme approved under this section may be reviewed by the Minister and varied, from time to time, with the further approval of the Minister granted under subsection (2).
4: Where the person or organisation responsible for implementation of the enhancement programme fails to implement the approved enhancement programme in accordance with any conditions the Minister has specified in giving his or her approval under subsection (2), or where, in the opinion of the Minister, the enhancement programme, once implemented, fails to enhance the fishery, the Minister may cancel the enhancement programme, in whole or in part, and, upon cancellation in whole, the Minister may recommend the removal of the stock from Schedule 3 section 14
5: Nothing in any enhancement programme prevents the Minister from taking any sustainability measure under Part 3
311: Areas closed to commercial fishing methods
1: The Minister may, where—
a: catch rates by recreational fishers for a stock are low; and
b: such low catch rates have a significant adverse effect on the ability of recreational fishers to take their allowance for that stock; and
c: the low catch rates are due to the effect of commercial fishing for the stock in the area or areas where recreational fishing for the stock commonly occurs; and
d: a dispute regarding the matter has been considered under Part 7 after consulting with such persons or organisations as the Minister considers are representative of those classes of persons who have an interest in the matter, recommend the making of regulations under section 297 Maori Fisheries Act 1989 Treaty of Waitangi (Fisheries Claims) Settlement Act 1992 Part 9
2: After determining to recommend the making of regulations under subsection (1), the Minister shall, as soon as practicable, give to the parties consulted in accordance with that subsection reasons in writing for his or her decision.
312: Prohibition on taking southern scallops for sale outside scallop season
1: No person shall take any scallops from the southern scallop fishery, for the purpose of sale, except during the southern scallop season.
2: No person shall take any scallops, for the purpose of sale, from any part of fishery management area 7 that is outside the southern scallop fishery.
3: For the purposes of this Part, the Minister may from time to time, by notice
a: specify any southern scallop season before the season commences:
b: vary any southern scallop season while it is current.
4: Every person commits an offence and is liable to the penalty set out in section 252(5)
5: A notice under subsection (3) is secondary legislation ( see Part 3 The following table is small in size and has 3 columns that are grouped under the heading Legislation Act 2019 requirements for secondary legislation made under this section. Legislation Act 2019 requirements for secondary legislation made under this section Publication The maker must publish it in the Gazette LA19 ss 73 74(1)﻿(a) cl 14 Presentation The Minister must present it to the House of Representatives LA19 s 114 cl 32(1)﻿(a) Disallowance It may be disallowed by the House of Representatives LA19 ss 115 116 This note is not part of the Act. Section 312(3) amended 28 October 2021 section 3 Secondary Legislation Act 2021 Section 312(4) added 1 October 1998 section 25 Fisheries (Remedial Issues) Amendment Act 1998 Section 312(5) inserted 28 October 2021 section 3 Secondary Legislation Act 2021
313: Closure of southern scallop fishery
1: If the chief executive is satisfied that, for the purpose of enhancing the southern scallop fishery or ensuring that scallop stocks are harvested efficiently, any part or parts of the fishery ought to be closed to commercial fishing, he or she may from time to time, by notice
2: Every prohibition under subsection (1) shall have effect for the remainder of the southern scallop season to which it applies.
3: Every commercial fisher commits an offence and is liable to the penalty set out in section 252(5)
4: A notice under this section is secondary legislation ( see Part 3 The following table is small in size and has 3 columns that are grouped under the heading Legislation Act 2019 requirements for secondary legislation made under this section. Legislation Act 2019 requirements for secondary legislation made under this section Publication The maker must publish it in the Gazette LA19 ss 73 74(1)﻿(a) cl 14 Presentation The Minister must present it to the House of Representatives LA19 s 114 cl 32(1)﻿(a) Disallowance It may be disallowed by the House of Representatives LA19 ss 115 116 This note is not part of the Act. Section 313(1) amended 28 October 2021 section 3 Secondary Legislation Act 2021 Section 313(3) added 1 October 1998 section 26 Fisheries (Remedial Issues) Amendment Act 1998 Section 313(4) inserted 28 October 2021 section 3 Secondary Legislation Act 2021
17: Repeals, amendments, validations, savings, and transitional provisions
Repeals and amendments
314: Repeals of provisions of Fisheries Act 1983
Section 314 repealed 1 November 2022 section 23 Fisheries Amendment Act 2022
315: Change of name of Fishing Industry Board Act 1963
Section 315 repealed 26 May 2001 section 5(2) Fishing Industry Board Repeal Act 2001
316: Amendments to other enactments
1: The Acts specified in Schedule 12
2: The amendments set out in Part 1
3: The amendments set out in Part 2
4: The remaining parts of Schedule 12 section 1(2)
317: Amendments to Fisheries (Catch Against Quota) Regulations 1993
Section 317 repealed 1 October 2004 section 60 Fisheries Amendment Act (No 3) 2004
318: Amendments to Fisheries (Cost Recovery Levies) Order 1995
(1)–(4): Amendment(s) incorporated in the order(s).
5: Nothing in this section shall affect the liability of any person to pay the levies imposed by the Fisheries (Cost Recovery Levies) Order 1995 before its revocation.
6: The Fisheries (Cost Recovery Levies) Order 1995 may hereafter be amended as if the amendments effected by this section had been effected by regulation and not by this section.
7: Subsections (1) to (5) shall be deemed to have come into force on 1 December 1995.
319: Amendments to Fisheries (Quota Management Areas, Total Allowable Catches, and Catch Histories) Notice 1986
(1)–(3): Amendment(s) incorporated in the notice(s)
4: Nothing in this section shall be regarded as conferring any new rights in respect of any species or classes of fish, aquatic life, or seaweed.
5: The Fisheries (Quota Management Areas, Total Allowable Catches, and Catch Histories) Notice 1986
320: Amendment to Fisheries (Jack Mackerel Quota Management Areas, Total Allowable Catches, and Catch Histories) Notice (No 2) 1987
1: Amendment(s) incorporated in the notice(s)
2: The Fisheries (Jack Mackerel Quota Management Areas, Total Allowable Catches, and Catch Histories) Notice (No 2) 1987 may hereafter be amended as if the amendments effected by this section had been effected by notice and not by this section.
321: Amendment to Fisheries (Squid Quota Management Areas, Total Allowable Catches, and Catch Histories) Notice 1987
1: Amendment(s) incorporated in the notice(s)
2: The Fisheries (Squid Quota Management Areas, Total Allowable Catches, and Catch Histories) Notice 1987 Savings and transitional provisions
322: Relationship between offence provisions of Fisheries Act 1983 and this Act
1: If there is any inconsistency between any provision of the Fisheries Act 1983 Territorial Sea , Contiguous Zone,
2: Until the repeal of sections 76 to 80 sections 81 to 83 section 95
a: continue to apply; and
b: apply in relation to the enforcement and administration of the provisions of this Act as if the provisions of this Act were provisions of the Fisheries Act 1983
3: On the commencement of Part 11 Fisheries Act 1983
4: Without limiting anything in the Interpretation Act 1999 Fisheries Act 1983 section 314 section 252
5: On the commencement of section 252 sections 254 256 Fisheries Act 1983
6: For the purposes of subsection (5), section 256 section 107B Section 322(1) amended 1 August 1996 Territorial Sea and Exclusive Economic Zone Amendment Act 1996 Section 322(4) amended 1 November 1999 section 38(1) Interpretation Act 1999
323: Savings relating to regulations, etc
All regulations made under section 89 section 297 Fisheries Act 1983
324: Savings relating to rock lobster regulations
The Fisheries (Rock Lobster Total Allowable Commercial Catch) Order 1996 (SR 1996/23) shall, until amended or revoked, continue in force and apply as if it were a valid notice made under section 28OB section 20 Fisheries (Rock Lobster Total Allowable Commercial Catch) Order 1996
325: Savings related to fish farming regulations
All regulations made under section 91 section 301 Fisheries Act 1983
326: Savings related to territorial sea and exclusive economic zone
All regulations made under section 22 , Contiguous Zone, section 299 Section 326 amended 1 August 1996 Territorial Sea and Exclusive Economic Zone Amendment Act 1996
327: Savings related to commodity levy orders
On the date of commencement of section 305 Commodity Levies Act 1990 section 107EH
328: Savings relating to licences, approvals, and authorisations
Every licence, permit, approval, authority, notice, certificate, circular, direction, instrument, or other thing that—
a: was issued, granted, given, or otherwise made under any provision of the Fisheries Act 1983
b: had effect or purported to have effect immediately before the commencement of this section— shall be deemed to be valid and to have been issued, granted, given, or otherwise made under the corresponding provision of this Act or of regulations made under this Act.
329: Validation of certain decisions relating to permits
1: Every decision and every purported decision of the Director-General of Agriculture and Fisheries—
a: made in respect of the issue, variation, refusal, revocation, or cancellation of any fishing permit under section 63 section 64
b: made before 1 October 1992— is hereby declared to be and always to have been valid.
2: Every decision and every purported decision of the chief executive (whether made by the chief executive or the Director-General of Agriculture and Fisheries)—
a: made in respect of the issue, variation, refusal, revocation, or cancellation of any fishing permit under section 63 section 64
b: made on or after 1 October 1992 but before the commencement of this section— is hereby declared to be and always to have been valid.
3: Subsection (1) does not apply to a decision or purported decision referred to in that subsection if the decision or purported decision is being challenged in or is otherwise subject to any court proceedings commenced before the date of commencement of this section.
4: Subsection (2) does not apply to a decision or purported decision referred to in that subsection if—
a: the decision or purported decision is being challenged in or is otherwise subject to any court proceedings commenced before the date of commencement of this section; or
b: the applicant for the permit which was the subject of a decision or purported decision referred to in that subsection—
i: has, before the commencement of this section, lodged with the chief executive; or
ii: within 12 months after the commencement of this section, lodges with the chief executive— a notice requesting the chief executive to review that decision or purported decision.
5: Notwithstanding anything in section 93 section 63(13) section 64(1)﻿(c) section 97(1)﻿(c)
a: the chief executive may from time to time, but is not obliged to, issue to the person an appropriate fishing permit in place of the special permit:
b: upon the commencement of a fishing permit issued to any person under this subsection, the special permit held by that person shall be deemed to be revoked.
330: Certain fishing restrictions may affect quota management areas
A provision of any regulation made under this Act, or of any notice made under section 15 section 16 section 186 section 28B(5)
331: Savings relating to fishery officers, examiners, and observers
1: Every person who, immediately before the commencement of section 196 Public Service Act 2020 section 76(1) Public Service Act 2020
2: Every person who, immediately before the commencement of section 197 section 77
3: Every person who, immediately before the commencement of section 222 section 67B
4: Every person who, immediately before the commencement of section 223 section 67D Section 331(1) amended 7 August 2020 section 135 Public Service Act 2020
332: Transitional provisions relating to registration of vessels where consent required under section 57(8) of Fisheries Act 1983
Section 332 repealed 1 October 2004 section 60 Fisheries Amendment Act (No 3) 2004
333: Cancellation of registration to which section 332 applies
Section 333 repealed 1 October 2004 section 60 Fisheries Amendment Act (No 3) 2004
333A: Transitional provisions relating to foreign ownership
Section 333A repealed 1 October 2004 section 60 Fisheries Amendment Act (No 3) 2004
334: Conversion of transferable term quota (rock lobster)
Section 334 repealed 1 October 2004 section 60 Fisheries Amendment Act (No 3) 2004
335: Savings relating to quota appeals
Section 335 repealed 1 October 2004 section 60 Fisheries Amendment Act (No 3) 2004
336: Savings relating to quota appeals after commencement of section 66
Section 336 repealed 1 October 2004 section 60 Fisheries Amendment Act (No 3) 2004
337: Transitional provisions relating to decisions of Catch History Review Committee
Section 337 repealed 1 October 2004 section 60 Fisheries Amendment Act (No 3) 2004
338: Transitional fishing year for packhorse rock lobster
Section 338 repealed 3 June 2017 section 3(2) Statutes Repeal Act 2017
339: Transitional provisions relating to monthly and opening balances
Section 339 repealed 1 October 2004 section 60 Fisheries Amendment Act (No 3) 2004
340: Transitional provisions relating to allocation of annual catch entitlement
Section 340 repealed 1 October 2004 section 60 Fisheries Amendment Act (No 3) 2004
340AA: Exceptions to minimum holdings of annual catch entitlement for certain paua stocks
Section 340AA repealed 1 October 2004 section 60 Fisheries Amendment Act (No 3) 2004
340A: Transitional provisions relating to underfishing
Section 340A repealed 1 October 2004 section 60 Fisheries Amendment Act (No 3) 2004
341: Confirmation of quota
1: On or before the commencement of Part 8
a: each quota holder of all the details shown in respect of the holder in any register kept under section 28P
b: every person who has been allocated guaranteed minimum individual transferable quota or guaranteed minimum transferable term quota under the Fisheries Act 1983
c: the persons referred to in paragraph (a) or paragraph (b), of their right to apply to the chief executive, before a date specified by the chief executive in the notice for the purpose, for a review of the details notified to that person under that paragraph.
2: Where a person applies to the chief executive for a review of the details notified to that person under subsection (1), in accordance with the notice referred to in paragraph (c) of that subsection, the chief executive shall review those details as soon as reasonably practicable and confirm or modify the details.
3: If a person has been notified under subsection (1) of details referred to in that section, but does not seek a review of those details before the close of the date specified in the notice for the purposes of the review, the details notified to the person shall, as from the date specified in the notice under subsection (1)﻿(a), be deemed to be correct.
4: For the purposes of subsection (1), the chief executive may notify details to the same person on 1 or more occasions and may state details as shown on the relevant register at different dates, but,—
a: if those details are deemed under subsection (3) to be correct; or
b: if the person applies for a review of those details in accordance with this section and the chief executive confirms those details,— then the details which formed the subject of the relevant notification under subsection (1)—
c: shall not be reviewed under that subsection to the extent that the details relate to any period before the date specified in the notice under subsection (1)﻿(a); and
d: shall not be the subject of any review under the Fisheries (Catch Against Quota) Regulations 1993.
5: On and from a date to be notified by the chief executive by notice in the Gazette
a: any notifications of the transfer or lease of quota (other than a lease of quota for the purposes of section 28ZF section 28ZG section 105A(2)
b: documents relating to such transactions or leases.
5A: The chief executive must also refuse to receive for registration (whether before or after the date notified under subsection (5)) any notification of the transfer or lease of quota, and any related document, if the transfer, or lease, or related document is expressed to take effect on or after 1 October in the year in which Part 8
6: After the date notified in the Gazette section 28P
a: giving effect to any decision under subsection (2) relating to any detail referred to in subsection (1)﻿(a); or
b: giving effect to any translation of guaranteed maximum individual transferable quota or guaranteed maximum transferable term quota into individual transferable quota under section 342
c: registering any transaction received by the chief executive before the date notified in the Gazette
7: Notwithstanding anything in this section, if in any year, on or after a date to be notified by the chief executive by notice in the Gazette section 133
8: No notice referred to in subsection (7) shall be made before the date of the making of the Order in Council bringing section 66
9: Notwithstanding anything in the Fisheries Act 1983 Gazette Section 341(5A) inserted 26 May 2001 section 31 Fisheries (Remedial Issues) Amendment Act 2001
342: Guaranteed minimum individual transferable quota
Section 342 repealed 1 October 2004 section 60 Fisheries Amendment Act (No 3) 2004
343: Conversion of holdings from old register to new register
Section 343 repealed 1 October 2004 section 60 Fisheries Amendment Act (No 3) 2004
344: Savings relating to balancing
Section 344 repealed 1 October 2004 section 60 Fisheries Amendment Act (No 3) 2004
345: Transitional Register
1: For the purposes of this Part, notwithstanding the repeal of Part 2A section 314 section 28P
a: transfers of individual transferable quota that take effect on or after 1 October in the year in which Part 8 Gazette section 341(5)
b: every lease of individual transferable quota that begins or ends on or after that 1 October in the year in which Part 8 Gazette section 341(5)
2: The register established under section 28P
3: Any party to any lease recorded in the Transitional Register of Leases and Forward Transfers of Quota may, with the consent of the other parties to that lease, reduce the term of that lease.
4: A lease recorded in the Transitional Register, or any rights, interests, or obligations in respect of that lease, cannot be assigned.
5: A reduction of term under subsection (3) has no effect until it is registered by the chief executive on the Transitional Register.
6: A reduction of term under subsection (3) must not be registered on the Transitional Register unless a party to the lease applies in the approved form (if any) to the chief executive and the application is accompanied by the prescribed fee (if any).
7: In the case of any transfer or lease registered on the Transitional Register,—
a: if the total allowable commercial catch for the stock concerned is reduced under section 20
b: no transferee or lessee of the individual transferable quota for the stock that is subject to the transfer or lease is entitled to any additional individual transferable quota or annual catch entitlements under this Act merely because the total allowable commercial catch for that stock has been increased under section 20
7A: A transfer or lease registered on the Transitional Register is cancelled if—
a: the total allowable commercial catch for the stock concerned is reduced to zero under section 20
b: the quota for the stock concerned is cancelled because of an alteration of a quota management area under section 25
7B: The chief executive must notify the parties to a transfer or lease registered on the Transitional Register if the lease or transfer is cancelled under this Part.
8: If—
a: any determination of an appeal under section 336
b: that person has entered into any lease or any other arrangement in relation to quota that is recorded on the Transitional Register whereby any other person is or may become entitled to acquire from that person any amount of quota shares under section 348 section 347 the amount of quota or annual catch entitlement which that other person is entitled to acquire, as recorded on that register, shall be reduced in the same proportion that the deduction of quota shares of the holder of the quota bears to the total quota shares of the holder immediately before the deduction.
8A: The amount of quota or annual catch entitlement to which a lease or other arrangement relates must be reduced in the same proportion as the reduction in the quota holder's quota bears to the total quota shares of the holder immediately before the reduction.
8B: Subsection (8A) applies if—
a: a quota holder's quota is reduced under section 52
b: that person has entered into a lease or other arrangement recorded on the Transitional Register in relation to that quota; and
c: by virtue of that lease or other arrangement, another person is, or may become, entitled to acquire an amount of quota shares outright under section 348 section 347
9: For the purposes of this section, the term lease Section 345(4) substituted 1 October 2001 section 33(1) Fisheries (Remedial Issues) Amendment Act 2001 Section 345(5) substituted 1 October 2001 section 33(2) Fisheries (Remedial Issues) Amendment Act 2001 Section 345(6) substituted 1 October 2001 section 33(2) Fisheries (Remedial Issues) Amendment Act 2001 Section 345(7A) inserted 1 October 2001 section 33(3) Fisheries (Remedial Issues) Amendment Act 2001 Section 345(7B) inserted 1 October 2001 section 33(3) Fisheries (Remedial Issues) Amendment Act 2001 Section 345(8A) inserted 1 October 2001 section 33(4) Fisheries (Remedial Issues) Amendment Act 2001 Section 345(8B) inserted 1 October 2001 section 33(4) Fisheries (Remedial Issues) Amendment Act 2001
346: Provisions relating to registration of caveats in respect of leases
Section 346 repealed 26 May 2001 section 34 Fisheries (Remedial Issues) Amendment Act 2001
347: Provisions relating to registration of leases
1: If any lease recorded in the Transitional Register of Leases and Forward Transfers of Quota under this Act has a commencement date that is on or after the commencement of Part 8
a: on the commencement date of the lease, an amount of annual catch entitlement equivalent to the amount of the individual transferable quota for the stock that is subject to the lease as recorded in the Transitional Register; and
b: if the lease is still in force, on the first day of the fishing year following the fishing year in which the lease commenced, and on the first day of every subsequent fishing year while the lease remains in force, an amount of annual catch entitlement equivalent to the amount of the individual transferable quota for the stock that is subject to the lease as recorded in the Transitional Register.
2: If any lease recorded in the Transitional Register under this Act—
a: has a commencement date that is before 1 October in the year in which Part 8
b: has a termination date that is on or after that 1 October,— the chief executive shall direct the Registrar of Annual Catch Entitlement to transfer, subject to section 67
c: on that 1 October, an amount of annual catch entitlement equivalent to the amount of the individual transferable quota that is subject to the lease (as recorded in the Transitional Register); and
d: if the lease is still in force, on the first day of the fishing year following that 1 October, and on the first day of every subsequent fishing year while the lease remains in force, an amount of annual catch entitlement equivalent to the amount of the individual transferable quota that is subject to the lease (as recorded in the Transitional Register).
3: The chief executive must cancel registration of the lease and any sublease and not transfer any annual catch entitlement if—
a: the lessor does not own an amount of annual catch entitlement equal to, or in excess of, the amount of quota that is subject to the lease or sublease (as recorded in the Transitional Register); or
b: a caveat is registered over an amount of the lessor's annual catch entitlement preventing the transfer of an amount of annual catch entitlement equal to, or in excess of, the amount of quota that is subject to the lease or sublease (as recorded in the Transitional Register).
4: If a lease registered on the Transitional Register under section 345 subsection (1) or subsection (2)
5: A transfer of annual catch entitlement under this section must be actioned in the order specified in regulations made under section 297(1)﻿(sa)
6: Section 347(3) substituted 1 October 2001 section 35(1) Fisheries (Remedial Issues) Amendment Act 2001 Section 347(4) amended 1 October 2001 section 35(2) Fisheries (Remedial Issues) Amendment Act 2001 Section 347(5) substituted 1 October 2001 section 35(3) Fisheries (Remedial Issues) Amendment Act 2001 Section 347(6) repealed 1 October 2001 section 35(3) Fisheries (Remedial Issues) Amendment Act 2001
347A: Provisions relating to transfer of annual catch entitlement under leases in first fishing year
Section 347A repealed 1 October 2004 section 60 Fisheries Amendment Act (No 3) 2004
348: Provisions relating to the registration of forward transfers of quota
1: All forward transfers of quota recorded on the Transitional Register of Leases and Forward Transfers of Quota shall, for the purposes of section 132 section 158 section 28Q chief executive
2: If the forward transfer of quota is intended to take effect at the beginning of a fishing year, the chief executive section 64
3: If insufficient unsecured quota for the relevant stock is available to cover the forward transfer, or the application fails to comply with section 132
4: For the purposes of this section, the number of quota shares to be transferred under this section shall be calculated in accordance with the following formula: (a ÷ b) × 100 000 000 = c where— a is the amount of individual transferable quota (expressed in kilogrammes) for the stock subject to the transfer (as shown in the Transitional Register); and b is the total allowable commercial catch for the stock (expressed in kilogrammes); and c is the number of quota shares for the stock that are the subject of the transfer. Section 348(1) amended 9 September 1999 section 90(2) Fisheries Act 1996 Amendment Act 1999 Section 348(2) amended 9 September 1999 section 90(2) Fisheries Act 1996 Amendment Act 1999
349: Provisions relating to caveats, etc, over converted quota
Section 349 repealed 1 October 2004 section 60 Fisheries Amendment Act (No 3) 2004
350: Transitional period for registration of mortgages
Section 350 repealed 1 October 2004 section 60 Fisheries Amendment Act (No 3) 2004
351: Special provisions relating to stocks with a fishing year beginning on 1 April
Section 351 repealed 1 October 2004 section 60 Fisheries Amendment Act (No 3) 2004
352: Existing agreements to fish against another person's quota
Section 352 repealed 1 October 2004 section 60 Fisheries Amendment Act (No 3) 2004
353: Statutory debts under Fisheries Act 1983
Notwithstanding the repeal of any provision of the Fisheries Act 1983 section 314
354: Regulations in respect of transitional provisions
Section 354 repealed 2 October 2002 section 355
355: Expiry of section 354
Section 355 repealed 1 October 2004 section 60 Fisheries Amendment Act (No 3) 2004
356: Dispute resolution
Section 356 repealed 1 October 2004 section 60 Fisheries Amendment Act (No 3) 2004
357: Provision relating to minimum quota holdings
1: Every person who, immediately before the repeal of section 28S section 314 Fisheries Act 1983 section 74
2: Every person who—
a: immediately before the repeal of section 28S section 314
b: at the beginning of the fishing year in which this section comes into force is allocated, or has transferred to them under section 347 section 347A Schedule 8 section 74(1) is subject to section 74 section 28S
3: Where a lease was the basis for a person's allocation of annual catch entitlement for any stock referred to in subsection (2)﻿(b), whether in whole or in part, subsection (2) ceases to apply in respect of that person and that stock when the lease expires or otherwise ends.
4: This section is subject to section 340AA Section 357(2) added 1 October 2001 section 31 Fisheries Amendment Act 2001 Section 357(3) added 1 October 2001 section 31 Fisheries Amendment Act 2001 Section 357(4) added 1 October 2001 section 31 Fisheries Amendment Act 2001
358: Provisions relating to permissions granted to overseas quota owners under section 28Z of Fisheries Act 1983
Section 358 repealed 25 August 2005 section 75 Overseas Investment Act 2005
358A: Transitional provisions relating to sections 56 to 58 and 62
Section 358A repealed 1 October 2004 section 60 Fisheries Amendment Act (No 3) 2004
359: Provision relating to aggregation limit consents granted under section 28W of Fisheries Act 1983
Every consent granted under section 28W(3) section 60(1)
360: Provisions relating to taiapure-local fisheries
1: Every taiapure-local fishery established under Part 3A Part 9
2: Every proposal for, notice of, or inquiry into, any taiapure-local fishery that was commenced under Part 3A Part 9
361: Transitional offences and penalties
Section 361 repealed 1 October 2004 section 60 Fisheries Amendment Act (No 3) 2004
362: Allocation of quota for bait
Section 362 repealed 1 October 2004 section 60 Fisheries Amendment Act (No 3) 2004
363: Allocation of quota
1: Subject to this Act, sections 30 31 32 33 34 35 36 37 39 40 41 44 45 46 47 48 49 50A to 50G , 51 52 53 54 55 sections 283 to 296 Gazette section 28B Part 2A
2: For the purposes of this section,—
a: any reference in the sections referred to in subsection (1) to a notice made under section 18 section 28B
b:
c: any reference in the sections referred to in subsection (1) to quota shares shall be read as referring to individual transferable quota, provisional individual transferable quota, or both, as the case may be:
d: any reference in the sections referred to in subsection (1) to the Registrar of Quota shall be read as a reference to the chief executive, and every reference to the Register of Quota shall be read as a reference to the registers maintained under section 28P Part 8
e: the references in sections 35(6) 39(2)
f: the reference in section 44(1)
fa: the reference in section 44(3)﻿(a)
g: the reference in section 46 Part 14 Fisheries Act 1983 section 28ZD Part 4
h: section 47(1)﻿(a) the number of shares the quota weight equivalent of an amount of individual transferable quota
i: section 47(1)﻿(b) the number of shares that bears the same proportion to the 80 000 000 shares of quota an amount of individual transferable quota that bears the same proportion to the 80% of the total allowable commercial catch
j: section 50B(2)﻿(b)﻿(i) the number of shares the quota weight equivalent of an amount of quota
k: the reference in section 50B(2)﻿(b)﻿(ii)
l: the reference in section 50D(2)﻿(a)
m: the reference in section 50D(2)﻿(b)
n: the references in sections 50E 50F(1)
o: the reference in section 50F(2)
p: the reference in section 50G
q: section 53(3)﻿(a) the number of shares the quota weight equivalent of an amount of quota
r: the reference in section 53(3)﻿(b)
s: the reference in paragraph (a) of the definition of encumbered in section 2(1)
i: to forfeiture under this Act must be read as if it were a reference to forfeiture under section 107B
ii: to the period of 35 working days referred to in section 62(3) section 256(3) section 107C
3: The chief executive shall not notify any person of the matters specified in paragraphs (c) and (d) of section 48(1)
4: Despite section 53(1) section 52
a: calculate the percentage of the total allowable commercial catch the person would have received under section 47
b: allocate the quota weight equivalent of the percentage calculated under paragraph (a) based on the total allowable commercial catch notified for that stock at the close of the last day of the fishing year in which section 52 Section 363(1) amended 1 October 2004 section 58 Fisheries Amendment Act (No 3) 2004 Section 363(1) amended 1 July 2000 section 14(1) Fisheries Amendment Act 2000 Section 363(2)﻿(b) repealed 1 October 1999 section 31(3) Fisheries Amendment Act 2000 Section 363(2)﻿(fa) inserted 1 July 2000 section 14(2) Fisheries Amendment Act 2000 Section 363(2)﻿(j) added 1 July 2000 section 14(3) Fisheries Amendment Act 2000 Section 363(2)﻿(k) added 1 July 2000 section 14(3) Fisheries Amendment Act 2000 Section 363(2)﻿(l) added 1 July 2000 section 14(3) Fisheries Amendment Act 2000 Section 363(2)﻿(m) added 1 July 2000 section 14(3) Fisheries Amendment Act 2000 Section 363(2)﻿(n) added 1 July 2000 section 14(3) Fisheries Amendment Act 2000 Section 363(2)﻿(o) added 1 July 2000 section 14(3) Fisheries Amendment Act 2000 Section 363(2)﻿(p) added 1 July 2000 section 14(3) Fisheries Amendment Act 2000 Section 363(2)﻿(q) added 1 July 2000 section 14(3) Fisheries Amendment Act 2000 Section 363(2)﻿(r) added 1 July 2000 section 14(3) Fisheries Amendment Act 2000 Section 363(2)﻿(s) added 1 July 2000 section 14(3) Fisheries Amendment Act 2000 Section 363(4) added 29 September 2000 section 32 Fisheries Act 1996 Amendment Act (No 2) 1999
364: Further provisions relating to allocation of quota
1: Any provisional individual transferable quota allocated under this Act while Part 2A
2: The provisions of sections 28S 28W 28Z section 47 section 363 section 28O
2A: On and from 30 September 1999, the provisions of sections 28S 28W sections 52 53 sections 28OD 28OE
3: Section 28V section 47 section 363
3A: Despite subsection (3), section 28V
4: The reference to fishery management area section 28B(3) Schedule 1
5: If the holder of any individual transferable quota that is subject to a reduction under section 52
a: the right to take fish conferred on that person by that quota is reduced proportionately to the reduction in the quota of the holder of the quota; and
b: any right to take fish conferred on any person under any sublease of the quota is reduced proportionately to the reduction in the quota of the person granting the sublease.
6: If the holder of any quota that is reduced under section 52
7: The provisions of section 28OD(6), (7), and (8) section 28OB section 28OC Section 364(2A) inserted 29 September 2000 section 33 Fisheries Act 1996 Amendment Act (No 2) 1999 Section 364(3A) inserted 9 September 1999 section 80 Fisheries Act 1996 Amendment Act 1999 Section 364(5) added 1 July 2000 section 15 Fisheries Amendment Act 2000 Section 364(6) added 1 July 2000 section 15 Fisheries Amendment Act 2000 Section 364(7) added 1 July 2000 section 15 Fisheries Amendment Act 2000
365: Cost recovery
Section 365 repealed 1 October 2004 section 60 Fisheries Amendment Act (No 3) 2004
366: Southern scallop enhancement programme
1: Any enhancement programme determined by the Minister and having effect under section 28ZZE section 310 section 28ZZE
2: The enhancement programme referred to in subsection (1) may hereafter be varied in accordance with section 310 Section 366(1) amended 23 June 1998 section 31 Fisheries (Remedial Issues) Amendment Act 1998
367: Allocation of jack mackerel quota
1: Each person named in the first column of Part 1
2: Each person named in the first column of Part 2
3: The allocations referred to in subsection (1) relate to a quota management area comprising the areas described as fishery management areas 1 and 2 in Part 1
4: The allocations referred to in subsection (2) relate to a quota management area comprising the areas described as fishery management areas 3, 4, 5, and 6 in Part 1
5: Notwithstanding the Fisheries (Jack Mackerel Quota Management Areas, Total Allowable Catches, and Catch Histories) Notice (No 2) 1987
368: Allocation of Nelson-Marlborough dredge oyster quota
1: On the commencement of this section, Nelson-Marlborough dredge oysters shall become subject to the quota management system under Part 2A
2: Each person named in the first column of Part 3
3: The initial total allowable commercial catch for Nelson-Marlborough dredge oysters shall be 505 tonnes.
4: For the avoidance of doubt, the initial total allowable commercial catch referred to in subsection (3) may be altered from time to time under section 20 section 28OB
5: No person shall take any Nelson-Marlborough dredge oysters for the purpose of sale except during the Nelson-Marlborough dredge oyster season.
6: The Minister may, by notice
a: specify any Nelson-Marlborough dredge oyster season before the season commences; and
b: extend or shorten any Nelson-Marlborough dredge oyster season while it is current.
7: A notice under subsection (6) is secondary legislation ( see Part 3 The following table is small in size and has 3 columns that are grouped under the heading Legislation Act 2019 requirements for secondary legislation made under this section. Legislation Act 2019 requirements for secondary legislation made under this section Publication The maker must publish it in the Gazette LA19 ss 73 74(1)﻿(a) cl 14 Presentation The Minister must present it to the House of Representatives LA19 s 114 cl 32(1)﻿(a) Disallowance It may be disallowed by the House of Representatives LA19 ss 115 116 This note is not part of the Act. Section 368(6) amended 28 October 2021 section 3 Secondary Legislation Act 2021 Section 368(7) inserted 28 October 2021 section 3 Secondary Legislation Act 2021
368A: Foveaux Strait dredge oyster fishery subject to quota system
1: On 1 April 1998, Foveaux Strait dredge oysters become subject to the quota management system under Part 2A
2: Each person named in the first column of Part 5
3: The initial total allowable catch for the Foveaux Strait dredge oyster fishery is 26 000 000 oysters.
4: The initial total allowable commercial catch for the fishery is 14 950 000 oysters.
5: The Minister may, by notice
a: specify any Foveaux Strait dredge oyster season before the season commences:
b: extend or shorten any Foveaux Strait dredge oyster season while it is current.
6: Notwithstanding anything in section 13 section 20 section 28OB
a: the Minister may, at any time after the commencement of a fishing year but before the commencement of the Foveaux Strait dredge oyster season in that year, increase
b: where the Minister does so, the increased
7: The fishing year ending immediately before 1 October 1998 is deemed to be the period 1 April 1998 to 30 September 1998 (both dates inclusive).
8: The Minister may, by notice
9: Every person commits an offence and is liable to the penalty set out in section 252(5)
a: takes any Foveaux Strait dredge oyster at any time other than during the Foveaux Strait dredge oyster season; or
b: takes any Foveaux Strait dredge oyster from any prohibited area specified in a notice under subsection (8).
10: For the purposes of the application of this Act in relation to the Foveaux Strait dredge oyster fishery,—
a: the references to kilogrammes in this Act must be read as references to oyster numbers; and
b: the references to greenweight or meatweight in section 305(a)﻿(iii)
11: Notwithstanding anything in this Act or in any regulations made under this Act or under the Fisheries Act 1983 section 188(5) section 3A(6)
12: In this section the term Foveaux Strait dredge oyster season
13: The following are secondary legislation ( see Part 3
a: a notice under subsection (5) or (8):
b: a notice under subsection (11), unless it applies only to 1 or more named persons.
14: If a notice under subsection (11) is not secondary legislation, the chief executive must give the notice to the persons to whom it applies. The following table is small in size and has 3 columns that are grouped under the heading Legislation Act 2019 requirements for secondary legislation referred to in subsection (13). Legislation Act 2019 requirements for secondary legislation referred to in subsection (13) Publication The maker must publish it in the Gazette LA19 ss 73 74(1)﻿(a) cl 14 Presentation The Minister must present it to the House of Representatives LA19 s 114 cl 32(1)﻿(a) Disallowance It may be disallowed by the House of Representatives LA19 ss 115 116 This note is not part of the Act. Section 368A inserted 1 April 1998 section 10 Fisheries (Foveaux Strait Dredge Oyster Fishery) Amendment Act 1998 Section 368A(5) amended 28 October 2021 section 3 Secondary Legislation Act 2021 Section 368A(6)﻿(a) amended 26 May 2001 section 40(1) Fisheries (Remedial Issues) Amendment Act 2001 Section 368A(6)﻿(b) amended 26 May 2001 section 40(2) Fisheries (Remedial Issues) Amendment Act 2001 Section 368A(8) amended 28 October 2021 section 3 Secondary Legislation Act 2021 Section 368A(10) substituted 9 September 1999 section 82 Fisheries Act 1996 Amendment Act 1999 Section 368A(11) amended 28 October 2021 section 3 Secondary Legislation Act 2021 Section 368A(13) inserted 28 October 2021 section 3 Secondary Legislation Act 2021 Section 368A(14) inserted 28 October 2021 section 3 Secondary Legislation Act 2021
369: Allocation of Northland scallop quota
1: On the commencement of this section, Northland scallops shall become subject to the quota management system under Part 2A
2: Each person named in the first column of Part 4
3: The initial total allowable commercial catch for Northland scallops shall be 188.561 tonnes.
4: For the avoidance of doubt, the initial total allowable commercial catch referred to in subsection (3) may be altered from time to time under section 20 section 28OB
5: No person shall take any Northland scallops for the purpose of sale except during the Northland scallop fishery season.
6: The Minister may, by notice
a: specify any Northland scallop fishery season before the season commences; and
b: extend or shorten any Northland scallop fishery season while it is current.
7: Every person commits an offence and is liable to the penalty specified in section 252(5)
8: A notice under subsection (6) is secondary legislation ( see Part 3 The following table is small in size and has 3 columns that are grouped under the heading Legislation Act 2019 requirements for secondary legislation made under this section. Legislation Act 2019 requirements for secondary legislation made under this section Publication The maker must publish it in the Gazette LA19 ss 73 74(1)﻿(a) cl 14 Presentation The Minister must present it to the House of Representatives LA19 s 114 cl 32(1)﻿(a) Disallowance It may be disallowed by the House of Representatives LA19 ss 115 116 This note is not part of the Act. Section 369(6) amended 28 October 2021 section 3 Secondary Legislation Act 2021 Section 369(7) added 23 June 1998 section 32 Fisheries (Remedial Issues) Amendment Act 1998 Section 369(8) inserted 28 October 2021 section 3 Secondary Legislation Act 2021
369A: Pale ghost shark subject to quota management system
1: On 1 October 1999, pale ghost shark becomes subject to the quota management system under Part 2A
2: Each person named in column 1 of Part 6 Part 1
3: Each person named in column 1 of Part 7 Part 1
4: Each person named in column 1 of Part 8 Part 1
5: Despite any other enactment, no person is entitled to be allocated individual transferable quota for pale ghost shark unless the allocation is authorised by this section. Section 369A inserted 9 September 1999 section 83 Fisheries Act 1996 Amendment Act 1999
369B: Southern blue whiting subject to quota management system
1: On 1 November 1999, southern blue whiting in fishery management area 6 becomes subject to the quota management system under Part 2A
2: Amendment(s) incorporated in the regulation(s) Section 369B inserted 9 September 1999 section 83 Fisheries Act 1996 Amendment Act 1999
369C: Allocation of quota for southern blue whiting in quota management areas SBW6A, SBW6B, SBW6I, and SBW6R
1: Each person named in column 1 of Part 9
2: Each person named in column 1 of Part 10
3: Each person named in column 1 of Part 11
4: Each person named in column 1 of Part 12
5: Despite any other enactment, no person is entitled to be allocated individual transferable quota for southern blue whiting in any of quota management areas SBW6A, SBW6B, SBW6I, and SBW6R unless the allocation is authorised by this section. Section 369C inserted 9 September 1999 section 83 Fisheries Act 1996 Amendment Act 1999
369D: Allocation of quota for southern blue whiting in quota management area SBW1
1: On 1 November 1999, all provisional catch history allocated before that date in respect of southern blue whiting in any of fishery management areas 1, 2, 3, 4, 5, 7, 8, 9, and 10 becomes provisional catch history for southern blue whiting in quota management area SBW1.
2: This section does not create a right to appeal under section 51(1)
3: Subsection (2) is for the avoidance of doubt. Section 369D inserted 9 September 1999 section 83 Fisheries Act 1996 Amendment Act 1999
369E: Southern blue whiting taken from 1 April 1999 to 31 October 1999
If a commercial fisher has quota allocated to the fisher under section 369C
a: sections 28ZA 28ZD 28ZF
b: the Fisheries (Catch Against Quota) Regulations 1993. Section 369E inserted 9 September 1999 section 83 Fisheries Act 1996 Amendment Act 1999
369F: Initial total allowable commercial catch and total allowable catch for southern blue whiting in quota management areas SBW6A, SBW6B, SBW6I, and SBW6R
1: The initial total allowable commercial catch and total allowable catch, respectively, for southern blue whiting in quota management area SBW6A are each 1 640 tonnes.
2: The initial total allowable commercial catch and total allowable catch, respectively, for southern blue whiting in quota management area SBW6B are each 15 400 tonnes.
3: The initial total allowable commercial catch and total allowable catch, respectively, for southern blue whiting in quota management area SBW6I are each 35 460 tonnes.
4: The initial total allowable commercial catch and total allowable catch, respectively, for southern blue whiting in quota management area SBW6R are each 5 500 tonnes.
5: The following provisions are for the avoidance of doubt:
a: any initial total allowable commercial catch referred to in this section may be altered from time to time under section 20 section 28OB
b: any initial total allowable catch referred to in this section may be altered from time to time under section 13 Section 369F inserted 9 September 1999 section 83 Fisheries Act 1996 Amendment Act 1999
369G: Transitional provision relating to Chatham Islands fishers
Section 369G expired 1 October 2003 section 369H
369H: Expiry of section 369G
Section 369H repealed 1 October 2004 section 60 Fisheries Amendment Act (No 3) 2004
369I: South Island freshwater eel subject to quota management system
1: On 1 October 2000, freshwater eel in quota management areas ANG11 to ANG16 becomes subject to the quota management system under Part 2A
2: Quota for freshwater eel in those quota management areas must be allocated in accordance with Part 2
3: Subject to Part 2 Part 4 sections 30 to 55 Gazette section 18
4: The fishing year for freshwater eel in those quota management areas is the year commencing on 1 October and ending with 30 September.
5: The total allowable commercial catch and annual catch entitlements for freshwater eel in those quota management areas are to be expressed in greenweight. Section 369I inserted 1 July 2000 section 16 Fisheries Amendment Act 2000
369J: Transitional provision relating to increase of total allowable catch for freshwater eel
Section 369J expired 1 October 2001 section 369K
369K: Expiry of section 369J
Section 369K repealed 1 October 2004 section 60 Fisheries Amendment Act (No 3) 2004
369L: Change to fishing year for ANG13
1: Despite section 369I(4)
2: No order under subsection (1) may—
a: provide for the proposed new fishing year to start before 1 February 2002; or
b: be made during the period of 4 months immediately preceding the start of the proposed new fishing year.
3: An order under this section is secondary legislation ( see Part 3
3: The following table is small in size and has 3 columns that are grouped under the heading Legislation Act 2019 requirements for secondary legislation made under this section. Legislation Act 2019 requirements for secondary legislation made under this section Publication PCO must publish it on the legislation website and notify it in the Gazette LA19 s 69(1)﻿(c) Presentation The Minister must present it to the House of Representatives LA19 s 114 cl 32(1)﻿(a) Disallowance It may be disallowed by the House of Representatives LA19 ss 115 116 This note is not part of the Act. Section 369L inserted 1 July 2000 section 16 Fisheries Amendment Act 2000 Section 369L(3) inserted 28 October 2021 section 3 Secondary Legislation Act 2021 Section 369L(3) expired 1 February 2007 section 369M
369M: Expiry of section 369L(3)
Section 369L(3) Section 369M inserted 1 July 2000 section 16 Fisheries Amendment Act 2000 Introduction of scampi into quota management system Heading inserted 13 August 2004 section 5 Fisheries Amendment Act (No 2) 2004
369N: Scampi subject to quota management system
1: On 1 October 2004 scampi in quota management areas SCI1, SCI2, SCI3, SCI4A, SCI5, SCI6A, SCI6B, SCI7, SCI8, SCI9, and SCI10 become subject to the quota management system under Part 4
2: In this section and sections 369O to 369R
a: the references to quota management areas SCI1, SCI2, SCI5, SCI7, SCI8, SCI9, and SCI10 are references to the fishery management areas described by reference to the same numbers in Schedule 1
b: the references to SCI3, SCI4A, SCI6A, and SCI6B are references to the scampi quota management areas described by reference to those numbers in Schedule 13
3: The fishing year for scampi is the 12-month period commencing on 1 October.
4: The total allowable commercial catch and annual catch entitlement for scampi in the quota management areas referred to in subsection (1) are to be expressed in greenweight. Section 369N inserted 13 August 2004 section 5 Fisheries Amendment Act (No 2) 2004
369O: Allocation of provisional catch history
1: Each person named in column 1 of Part 1
2: Each person named in column 1 of Part 2
3: Each person named in column 1 of Part 3
4: Each person named in column 1 of Part 4
5: Each person named in column 1 of Part 5
6: Each person named in column 1 of Part 6
7: Each person named in column 1 of Part 7 Section 369O inserted 13 August 2004 section 5 Fisheries Amendment Act (No 2) 2004
369P: Notification of fishers allocated provisional catch history
1: As soon as practicable after the date on which the Fisheries Amendment Act (No 2) 2004 Schedule 14
a: the amount of provisional catch history allocated to the person under section 369O
b: the person's right to appeal under section 51(1) section 369R(4)
c: the requirement that any appeal to the Catch History Review Committee must be lodged not later than the date specified for that purpose in the notification.
2: The date referred to in subsection (1)﻿(c) and specified in the notification must be not less than 20 working days after the date of the notification. Section 369P inserted 13 August 2004 section 5 Fisheries Amendment Act (No 2) 2004
369Q: Public notification of provisional catch history allocation
1: As soon as practicable after the date on which the Fisheries Amendment Act (No 2) 2004
a: that provisional catch history for scampi has been allocated under section 369O
b: that a person may appeal to the Catch History Review Committee under section 51(1) section 369R(4)
i: has not been allocated provisional catch history for scampi; and
ii: believes that he or she is or will be entitled to receive provisional catch history on the grounds specified in that section or is entitled to receive quota for scampi; and
c: that the appeal must be lodged no later than the date specified for that purpose in the notification.
2: The date referred to in subsection (1)﻿(c) and specified in the notification must be not less than 20 working days after the date of the notification. Section 369Q inserted 13 August 2004 section 5 Fisheries Amendment Act (No 2) 2004
369R: Application of certain provisions to scampi
1: Sections 36 37 20 working days 10 working days
2: Sections 42 to 44 46 to 49 51 to 53 54(1)﻿(a), (2), and (3) 55 283 to 293
3: Section 45 section 369N(1) Gazette section 18
4: For the purposes of subsection (2), section 51
1: Any person, including the chief executive, may, subject to subsection (3) and on or before the date specified in the notification referred to in section 369P(1)﻿(c) or section 396Q(1)﻿(c) appeal to the Catch History Review Committee against the allocation of provisional catch history under section 369O on the ground that the information used to calculate the provisional catch history—
a: was incorrectly recorded by the chief executive; or
b: excluded scampi that were lawfully taken and lawfully reported as landed or otherwise lawfully disposed of in eligible returns from the person's eligible catch during the period commencing with 1 October 1990 and ending with 30 September 1992.
5: For the purposes of this section,—
a: eligible catch section 34(2)
i: the provisional catch history for scampi allocated under section 369O section 34(1)﻿(c)
ii: the applicable qualifying years were the period commencing with 1 October 1990 and ending with 30 September 1992; and
b: eligible return section 32(2) Section 369R inserted 13 August 2004 section 5 Fisheries Amendment Act (No 2) 2004 Introduction of green-lipped mussel in quota management area 9 into quota management system Heading inserted 6 September 2004 section 59(1) Fisheries Amendment Act (No 3) 2004
369S: Green-lipped mussel in quota management area 9 subject to quota management system
1: On 1 October 2004 green-lipped mussel in quota management area 9 become subject to the quota management system under Part 4
2: The fishing year for green-lipped mussel in quota management area 9 is the 12-month period commencing on 1 October.
3: The total allowable commercial catch and annual catch entitlement for green-lipped mussel in quota management area 9 are to be expressed in greenweight.
4: In this section, the reference to quota management area 9 is a reference to the fishery management area 9 described in Part 1
5: Each person named in the first column of Schedule 15 Section 369S inserted 6 September 2004 section 59(1) Fisheries Amendment Act (No 3) 2004 Allocation of quota for pipi in quota management area 1A Heading inserted 6 September 2004 section 59(1) Fisheries Amendment Act (No 3) 2004
369T: Allocation of quota for pipi in quota management area 1A
1: In this section, the reference to pipi in quota management area 1A is a reference to pipi in the quota management area described in Schedule 4
2: Each person named in the first column of Schedule 16
3: Despite any other enactment, no person is entitled to be allocated individual transferable quota for pipi in quota management area 1A unless the allocation is authorised by this section.
4: Notwithstanding anything in this Act, any—
a: allocation of provisional catch history of pipi in quota management area 1A; or
b: transfer of provisional catch history of pipi in quota management area 1A; or
c: decision on eligibility to receive provisional catch history or eligibility to receive quota of pipi in quota management area 1A; or
d: appeal to the Catch History Review Committee of pipi in respect of quota management area 1A— made or done before the commencement of the section is deemed to be of no effect. Section 369T inserted 6 September 2004 section 59(1) Fisheries Amendment Act (No 3) 2004
370: Transitional provision relating to performance of functions by outside agencies
1: Subject to subsection (2), for the purposes of section 294 Fisheries Act 1983
2: Subsection (1) does not apply to powers, duties, and functions of—
a: the Governor-General; or
b: the Minister; or
c: a fishery officer; or
d: the Fisheries Authority.