Antarctic Marine Living Resources Act 1981

1: Short Title, commencement, and application
1: This Act may be cited as the Antarctic Marine Living Resources Act 1981.
2: This Act shall come into force on 1 January 1982.
3: The provisions of this Act shall apply in respect of—
a: any matter or thing done, to be done, or omitted to be done within New Zealand or New Zealand fisheries waters:
b: any act or omission occurring on any New Zealand ship or aircraft, or by any New Zealand citizen, wherever that ship or aircraft or person may be.
2: Interpretation
1: In this Act, unless the context otherwise requires,— aircraft section 2 another contracting party Antarctic Convergence conservation measures Convention Schedule 1 Convention Area hovercraft inspector section 113Q marine organism Minister New Zealand New Zealand fisheries waters section 2(1) Fisheries Act 1996 New Zealand national
a: a New Zealand citizen; or
b: an individual who is ordinarily resident in New Zealand, as defined in section 6(2) and (3)
c: a body corporate established by or under New Zealand law New Zealand ship section 2(1) permit take
a: to take, catch, kill, injure, attract, poison, tranquilise, herd, harass, disturb, or possess:
b: to brand, tag, mark, or do any similar thing:
c: to attempt to do any act specified in paragraph (a) or paragraph (b) vessel
2: Terms and expressions used in this Act but defined in the Convention shall, unless the context otherwise requires, have the same meaning as in the Convention. Section 2(1) aircraft substituted 1 February 1995 section 203 Maritime Transport Act 1994 Section 2(1) hovercraft substituted 1 February 1995 section 203 Maritime Transport Act 1994 Section 2(1) inspector inserted 1 May 2001 section 2(2) Antarctic Marine Living Resources Amendment Act 1999 Section 2(1) inspector of sea fishing repealed 1 May 2001 section 2(2) Antarctic Marine Living Resources Amendment Act 1999 Section 2(1) New Zealand fisheries waters amended 1 May 2001 section 2(1) Antarctic Marine Living Resources Amendment Act 1999 Section 2(1) New Zealand national inserted 1 May 2001 section 2(3) Antarctic Marine Living Resources Amendment Act 1999 Section 2(1) New Zealand national substituted 19 December 2002 section 3 Antarctic Marine Living Resources Amendment Act 2002 Section 2(1) New Zealand national amended 25 August 2005 section 75 Overseas Investment Act 2005 Section 2(1) New Zealand ship substituted 1 February 1995 section 203 Maritime Transport Act 1994
3: Act to bind the Crown
This Act shall bind the Crown.
4: Restrictions on taking marine organisms
Subject to this Act, no person shall in the Convention Area take any marine organism, whether alive or dead, without first obtaining a permit to do so from the Minister.
5: Permits
1: Subject to this section, upon application made to the Minister in writing, accompanied by the prescribed fee (if any), the Minister may grant to a person a permit in writing authorising the person to take marine organisms of a specified kind or kinds in, or in a specified part of, the Convention Area.
2: In considering any application for a permit, the Minister shall have regard to—
a: the need to conserve marine organisms in accordance with the Convention:
b: the object and principles of the Convention.
3: The Minister may attach to any permit such conditions as he thinks fit, including conditions relating to—
a: the taking of marine organisms solely for the purposes of research:
b: the designation of the quantity of any species of marine organisms which may be taken in the Convention Area:
c: the designation of regions and subregions in the Convention Area:
d: the designation of the quantity of any species of marine organisms which may be taken from the populations of regions and subregions:
e: the designation of protected species of marine organisms:
f: the designation of the size, age, and, as appropriate, sex of the species of marine organisms which may be taken:
g: the designation of open and closed seasons for taking marine organisms:
h: the designation of the opening and closing of areas, regions or subregions for purposes of scientific study or conservation, including special areas for protection and scientific study:
i: the regulation of the effort employed and methods of taking (including the vessels, gear, and equipment to be used):
j: the implementation of any system or interim arrangement relating to observation and inspection established under Article XXIV of the Convention:
k: the taking of any other conservation measures:
l: the records that are to be kept and the data that is to be collected by the permit holder in relation to activities conducted under the permit, and any information which is to be supplied to the Minister.
4: Any permit may be revoked or suspended, and the conditions attached to it amended, at any time by the Minister.
5: No permit shall be transferred to any other person except with the consent in writing of the Minister.
6: The decision of the Minister as to whether or not to grant a permit, to impose or amend the conditions attached to a permit, or to revoke, suspend, or transfer a permit under this section shall be final.
7: The Minister shall give notice in the Gazette
6: Register of permits
1: The Minister shall cause to be kept, in such manner and at such place or places as he directs, a register of permits in force from time to time, showing the purpose for which the permit was granted and the conditions (if any) to which each permit is from time to time subject, and such other matters relating to each permit as the Minister thinks fit.
2: The register shall be open to the public, and shall be available for inspection during ordinary office hours on payment of the prescribed fee (if any).
7: Offence to take marine organism without permit
1: Subject to subsection (2), every person commits an offence against this Act and is liable on $250,000
2: No offence is committed against this Act by reason of any act or omission by a person—
a: to the extent that the act or omission is authorised under or pursuant to any enactment other than this Act; or
b: in the case of an act or omission by any person who is not a New Zealand national
3: Upon the conviction of any person for an offence against subsection (1), any marine organism unlawfully taken, and all vessels, vehicles, aircraft, hovercraft, gear, nets, tackle, equipment, and apparatus used in respect of the commission of the offence shall be forfeit to the Crown, and shall be disposed of as the Minister thinks fit. Section 7(1) amended 1 July 2013 section 413 Criminal Procedure Act 2011 Section 7(1) amended 27 September 2001 section 3 Antarctic Marine Living Resources Amendment Act 2001 Section 7(2)﻿(b) amended 1 May 2001 section 3 Antarctic Marine Living Resources Amendment Act 1999
8: Inspectors and special inspectors
Section 8 repealed 1 May 2001 section 4 Antarctic Marine Living Resources Amendment Act 1999
9: Powers of search
1: Subject to this Act and notwithstanding anything to the contrary in the Fisheries Act 1996
2: An inspector shall not enter, inspect, or examine any aircraft or hovercraft unless he is accompanied by the pilot in command, or the owner, or a representative or agent of the owner, of the aircraft or hovercraft.
3:
4: Every inspector may, in the course of any search under this section, open (by force if necessary) any container, package, or receptacle, or seize and take away anything which he has reason to believe will be evidence of a breach of the provisions of this Act or of any regulation made under it.
5: Every person in or about any vehicle or vessel inspected under the provisions of this Act, and the pilot in command and the owner and every agent or representative of the owner of any aircraft or hovercraft so inspected, shall—
a: facilitate the entry, inspection, and examination by an inspector:
b: facilitate the removal of any container, package, receptacle, or thing.
6: The provisions of Part 4 subparts 3 8 Section 9(1) amended 1 May 2001 section 5 Antarctic Marine Living Resources Amendment Act 1999 Section 9(3) repealed 1 October 2012 section 199(2) Search and Surveillance Act 2012 Section 9(6) inserted 1 October 2012 section 199(3) Search and Surveillance Act 2012
10: Inspectors, etc, protected from proceedings
No action or proceedings shall be brought against the Crown, or any inspector, or any person acting under the instructions of an inspector, in respect of any thing done or undertaken for the purpose of carrying out the provisions of this Act or any regulations made under it where the Crown or those persons have acted in good faith and with reasonable care.
11: Programmes, etc, relating to marine organisms
The Minister may make arrangements for, or co-operate with any government, organisation, or person in—
a: the formulation and implementation of programmes; and
b: the carrying out of research; and
c: the dissemination of information— relating to the conservation of marine organisms.
12: Evidentiary certificates
1: The Minister may give a certificate stating—
a: that, at a time specified in the certificate, a vessel specified in the certificate was, or was not, a New Zealand ship:
b: that an area specified in the certificate is in the Convention Area, or is in a part of the Convention Area:
c: that, at a time specified in the certificate, an area specified in the certificate was part of New Zealand fisheries waters:
d: that, at a time specified in the certificate, a person specified in the certificate was, or was not, the holder of a permit authorising the person, in the Convention Area, or in that part of the Convention Area specified in the certificate, to take marine organisms of a kind or kinds specified in the certificate.
2: A person giving a certificate under paragraph (1)﻿(d) that a person was, at a time specified in the certificate, the holder of a permit may, in the certificate, certify that the conditions specified in the certificate were the conditions to which the permit was subject at the time so specified.
3: In any proceedings for an offence against this Act, a certificate given under this section is prima facie evidence of the matters specified in the certificate.
4: For the purposes of this section, a writing purporting to be a certificate under this section shall, unless the contrary is proved, be deemed to be such a certificate and to have been duly given.
13: Offences and penalties
1: Every person commits an offence against this Act who—
a: acts in contravention of or fails to comply in any respect with any notice, direction, restriction, requirement, or condition given, made, or imposed under this Act or any regulations made under it; or
b: wilfully makes any false or misleading statement or any material omission in any communication with or application or return to the Minister, or to any duly authorised officer performing his functions in pursuance of this Act (including any inspector
c: refuses or fails to furnish any return or information or particulars required by the Minister, or any duly authorised officer performing his functions in pursuance of this Act (including any inspector
2: Every person commits an offence against this Act who, except under the authority of any enactment, places or leaves any structure or trap or chemical or other substance in any place where a marine organism is or is likely to be and which injures or harms, or is likely to injure or harm, any marine organism.
3: Every person who commits an offence against this Act for which no penalty is provided otherwise than in this section is liable on
a: in the case of an offence against subsection (2), $100,000
b: in any other case, $100,000 Section 13(1)﻿(b) amended 1 May 2001 section 6 Antarctic Marine Living Resources Amendment Act 1999 Section 13(1)﻿(c) amended 1 May 2001 section 6 Antarctic Marine Living Resources Amendment Act 1999 Section 13(3) amended 1 July 2013 section 413 Criminal Procedure Act 2011 Section 13(3)﻿(a) amended 27 September 2001 section 4(a) Antarctic Marine Living Resources Amendment Act 2001 Section 13(3)﻿(b) amended 27 September 2001 section 4(b) Antarctic Marine Living Resources Amendment Act 2001
14: Defences in respect of certain offences
Where any person is charged with any offence under this Act, it shall be a defence to the charge if the defendant proves—
a: that the act or omission constituting the offence took place in circumstances of stress or emergency and was necessary for the preservation, protection, or maintenance of human life:
b: where paragraph (a) does not apply and the act or omission was done by the holder of a permit, that the act or omission was unavoidable in the course of taking action in accordance with the permit or was reasonably necessary to avoid damage to equipment used in taking action in accordance with the permit.
15: Liability for causing inspector to incur expense
Where any person causes an inspector to incur any expense that he would not otherwise have incurred, by failing to comply with or acting in contravention of any provision of this Act or any regulations made under it, or by failing to comply with or acting in contravention of any order or direction or requirement or conditions reasonably and properly given or imposed in accordance with this Act or any such regulations, that person shall, upon conviction, reimburse the Crown for the amount of any such expense that is, in the opinion of the convicting court, reasonably and properly incurred, and that amount shall be recoverable from that person in like manner as a fine.
16: No derogation from certain enactments
Nothing in this Act shall derogate from the provisions of—
a: the Territorial Sea , Contiguous Zone,
b: the Marine Mammals Protection Act 1978
c: Part 4
d: the Ross Dependency Whaling Regulations 1929, as published in the Gazette Section 16(a) amended 1 August 1996 Territorial Sea and Exclusive Economic Zone Amendment Act 1996 Section 16(c) substituted 23 January 1998 section 56(1) Antarctica (Environmental Protection) Act 1994
17: 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: providing for functions and powers to be conferred, and duties to be imposed, upon inspectors
b: prescribing forms of applications and of permits required for the purposes of this Act:
c: prescribing the amount of any deposit or fees to be paid in respect of any application made under this Act, and in respect of the granting of any permit:
d: giving effect to the terms of any international agreement to which New Zealand is a party:
e: giving effect to any conservation measures and to any proposals for the conduct of international and national programmes of research formulated by the Scientific Committee for the Conservation of Antarctic Marine Living Resources established under the Convention:
f: providing for the implementation of any system or interim arrangement relating to observation and inspection established under Article XXIV of the Convention:
g: 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: 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 17(1)﻿(a) amended 1 May 2001 section 7 Antarctic Marine Living Resources Amendment Act 1999 Section 17(2) inserted 28 October 2021 section 3 Secondary Legislation Act 2021