Fisheries Amendment Act 2001

1: Title
1: This Act is the Fisheries Amendment Act 2001.
2: In this Act, the Fisheries Act 1996 the principal Act
2: Commencement
This Act comes into force on 1 October 2001.
3: Interpretation
Section 2(1) observer ordinarily resident in New Zealand sections 2(2) and 2(2A) of the Overseas Investment Act 1973 .
4: Meaning of term associated person
Sections 3 3A
5: Notification of eligibility to receive provisional catch history
Section 35(3)(c) subsection (2)(e) subsection (2)(ea)
6: Notification of allocation of provisional catch history
Section 36(1) section 35(2)(e) section 35(2)(ea)
7: Transfer of provisional catch history
1: Section 37(1) paragraph (b)
b: the transferee complies with section 45(a) and (b)
2: Section 12 Fisheries (Remedial Issues) Amendment Act 1998
8: Administration of
sections 56 57
1: Section 57A subsection (2)
2: For the purposes of this section and sections 56 and 57 Overseas Investment Act 1973 section 14A sections 56 and 57
a: as if this section and sections 56 and 57 sections 56 and 57
b: as if references in that Act to the Minister of Lands were references to the Minister as defined in section 2(1) of this Act
c: with all other necessary modifications.
2: Section 19(2) Fisheries Act 1996 Amendment Act 1999
9: Aggregation limits
1: Section 59 subsections (6) (9)
2: Section 59
10: For the purposes of this section and sections 60(4) and 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 (a) of the definition of that term in section OB 1 of the Income Tax Act 1994
d: any person who would be an associated person under the test provided in section OD 7 of the Income Tax Act 1994 subparagraph (a)(v) of the definition of market value circumstance
e: any beneficiary or trustee of any trust of which the person is a trustee or beneficiary.
11: Despite subsection (10)
a: the Commission is not to be regarded as being included with any other person; and
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 the Commission but for paragraph (a)
c: No bank registered under the Reserve Bank of New Zealand 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.
10: Minister may consent to persons holding quota in excess of aggregation limits
Section 60(4) any person (within the meaning of section 59(10) and (11)
11: Quota held in excess of aggregation limits to be forfeit
Section 61 subsection (5)
5: In this section, person section 59(10) and (11)
12: Provisions relating to forfeit property
1: Section 62(4)(c) associated (as defined in section 3 of this Act an associated person of
2: Section 62
15: In this section, associated person section 59(10) section 59(11)
13: Minimum holdings of annual catch entitlement
1: Section 74(2)(b) (or as at the beginning of the Foveaux Strait dredge oyster season, where a reduction in the total allowable commercial catch for those oysters occurs after the beginning of the fishing year but before the commencement of that season in that year)
2: Section 74(2) (or, if appropriate, at the beginning of the Foveaux Strait dredge oyster season)
14: New
sections 78 to 79B
1: The principal Act is amended by repealing sections 78 79
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 (10)
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)
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) section 80(6)
6: Despite subsection (2)
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)
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)
8: No person may take any fish, aquatic life, or seaweed in contravention of a condition imposed by subsection (2)
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) subsection (6)
a: when the commercial fisher referred to in subsection (1)
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) subsection (6) section 252(3)
11: For the purposes of subsection (2)
a: a subsidiary of the commercial fisher within the meaning of section 5 of the Companies Act 1993
b: a company of which the commercial fisher is a subsidiary within the meaning of section 5 of the Companies Act 1993
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: the Commission is not to be regarded as being included with any other person; and
b: No person is regarded as being included with another person merely because either or both of those persons would be included with the Commission but for paragraph (a)
c: No bank registered under the Reserve Bank of New Zealand Act 1989
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)
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)
4: The chief executive must—
a: give notice to person B of the condition imposed under subsection (1)
b: record on the Permit Register details of the imposition of the condition.
5: Any condition imposed under subsection (1)
6: Subsections (6), (7), (8), and (10) of section 78 subsection (2) of that section section 78(6)(b) section 78(6)
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) section 78(9)(a)
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)
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 78(11) section 78A(1) section 78(2) and (11) or section 78A(1)
2: In determining an application under subsection (1)
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) subsection (5)
2: The chief executive must—
a: notify every suspension or cessation of suspension of a fishing permit under subsection (1)
b: record on the Permit Register details of any suspension or cessation of suspension of a fishing permit under subsection (1)
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) section 80(6)
5: For the purposes of subsections (1) and (2)
a: a subsidiary of the commercial fisher within the meaning of section 5 of the Companies Act 1993
b: a company of which the commercial fisher is a subsidiary within the meaning of section 5 of the Companies Act 1993
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: the Commission is not to be regarded as being included with any other person; and
b: No person is regarded as being included with another person merely because either or both of those persons would be included with the Commission but for paragraph (a)
c: No bank registered under the Reserve Bank of New Zealand Act 1989
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)
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)
4: The chief executive must—
a: give notice to person B of the suspension of a fishing permit under subsection (1)
b: record on the Permit Register details of the suspension under subsection (1)
5: The suspension imposed under subsection (1)
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) section 79(1)
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)
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) section 79(5)
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 a District Court to—
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) or section 79A(1)
3: In determining an application under subsection (1)
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.
2: Regulation 6(i) Fisheries (Registers) Regulations 2001 section 78(1) section 78(2)
3: Regulation 6 Fisheries (Registers) Regulations 2001
j: the name of each person whose permit is subject to a condition under section 78(2) or section 78A(1)
4: Part 3 Fisheries (Transfer of Functions, Duties, and Powers to The New Zealand Seafood Industry Council Limited) Order 2001 paragraphs (w) (x) (y)
w: to record on the Permit Register conditions imposed under any of sections 78(2), 78(6), and 78A(1) of the Act
x: to record on the Permit Register when conditions imposed under any of sections 78(2), 78(6), and 78A(1) of the Act section 78(9) section 78B of the Act .
15: Issue of licences
Section 83(1)(a) an office of the Ministry a place
16: All fishing to be authorised by fishing permit unless specific exemption held
Section 89 subsection (2)
2A: Despite subsection (1)
2B: Subsection (2A)
17: Issue of fishing permit
Section 91 subsection (6)
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)
18: Notification and certification by Secretary of Foreign Affairs and Trade
Section 113C(3)(d)
a: by omitting the words or to the FAO Compliance Agreement
b: by omitting the words those agreements that agreement
19: Taking and transportation of fish, etc, on high seas using New Zealand ships
1: Section 113D(2)(b)(i) permit or an authorisation issued by a state to which section 113E(2)
2: Section 113D subsection (3)
3: Subsection (2)
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.
20: Powers for purpose of ascertaining financial status or interest in forfeit property of certain persons
Section 202 paragraph (a)
aa: whether any quota is associated quota as defined in section 255 .
21: Crown caveats preventing registration of transactions
1: Section 214(1) held by that person or by any associated person owned by that person or associated quota (as defined in section 255
2: Section 214(2) owner of any quota or the owner of any quota alleged to be associated quota
3: Section 214
9: In this section, except for subsection (1) quota quota shares section 255
22: New
section 240 The principal Act is amended by repealing section 240
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), and 296ZC(3)(b) and (c)
23: Penalties
1: Section 252(3) paragraphs (c) (ca)
c: section 78(10)
ca: section 78A(8)
cb: section 78A(9)
cc: section 79A(8)
cd: section 79A(9) .
2: Section 252(3) paragraph (ha) section 21(1) Fisheries (Remedial Issues) Amendment Act 1998 paragraph (he)
3: Section 252 subsection (6)
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)
d: section 288(5)
4: The following enactments are consequentially repealed:
a: section 21(5) Fisheries (Remedial Issues) Amendment Act 1998
b: section 25(3) Fisheries Act 1996 Amendment Act (No 2) 1999
24: New
section 255 The principal Act is amended by repealing section 255
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 of the Companies Act 1993
b: if the offender has, in the fishing year in which the offence was committed or the immediately preceeding 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) associated quota
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) associated quota
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) associated quota
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 the Commission is associated quota for the purposes of this Act.
5: No quota owned by any person is associated quota merely because of any relationship between that person and the Commission or any other person and the Commission.
6: No quota owned by any bank registered under the Reserve Bank of New Zealand Act 1989
25: Forfeiture for
section 252(2) (3) (5) Section 255C subsection (3)
3: On conviction of a person for an offence referred to in section 252(2) or (3)
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)
26: Forfeiture for
section 252(1) (4) Section 255D(2) paragraph (d)
d: any quota; and
e: any associated quota, unless the Court is satisfied that section 255E(3B)
27: General provisions relating to forfeiture
1: Section 255E(3)
e: associated quota, unless the Court is satisfied that subsection (3B)
2: Section 255E subsection (3)
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) and 255D(2)
28: Provisions relating to forfeit property
Section 256
a: by repealing subsections (4)(c) (6)(c)
b: by omitting the expression ; and subsection (8)(a)
c: by repealing subsection (8)(b)
29: Decision of Committee
Section 293(5) 3 months 90 days
30: General regulations
Section 297(1)(o) and any understanding or any understanding
31: Provision relating to minimum quota holdings
Section 357
2: Every person who—
a: immediately before the repeal of section 28S of the Fisheries Act 1983 section 314 of this Act section 28S(1)(a) or section 28S(1)(b) of the Fisheries Act 1983
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 or section 347A Eighth Schedule of this Act section 74(1) of this Act section 74 of this Act section 28S of the Fisheries Act 1983
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) subsection (2)
4: This section is subject to section 340AA
32: Conversion of holdings from old register to new register
1: Section 32(3) Fisheries (Remedial Issues) Amendment Act 2001 principal Act (as substituted by section 74 of the Fisheries Act 1996 Amendment Act 1999
2: Section 74 Fisheries Act 1996 Amendment Act 1999
3: Clause 3(2) Fisheries Act Commencement Order 2001