Fisheries (Foreign Charter Vessels and Other Matters) Amendment Act 2014

1: Title
This Act is the Fisheries (Foreign Charter Vessels and Other Matters) Amendment Act 2014
2: Commencement
1: Sections 7 to 9 1 May 2016
2: The rest of this Act comes into force on the day after the date on which it receives the Royal assent.
3: Principal Act
This Act amends the Fisheries Act 1996 principal Act 2014-08-08 Fisheries Act 1996 except for sections 7 to 9 which come into force on 1 May 2016
1: Registration of fishing vessels
Amendments taking effect on day after date on which Act receives Royal assent
4: Section 103 amended (Fishing vessels must be registered)
1: Replace section 103(1)(c)
c: that person complies with all conditions of registration.
2: In section 103(4) 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)
3: After section 103(4)
4A: 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.
4: After section 103(6)(b)
ba: 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 .
5: After section 103(6)
6AA: 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.
5: New sections 106A and 106B inserted
After section 106
106A: Suspension of consent to registration
1: The chief executive may, after complying with subsections (4) and (5)
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)
3: For the purposes of subsection (1)
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)
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)
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) subsection (7)(except paragraph (b)(iv))
9: The chief executive may lift the suspension of consent if satisfied that suspension conditions and requirements referred to in subsection (7)(b)(iii)
10: A person commits an offence and is liable to the penalty set out in section 252(5) if the person uses a fishing vessel, or any tender of that fishing vessel, to take fish, aquatic life, or seaweed for sale while the chief executive's consent to registration of the vessel is suspended.
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), a vessel must be treated as being not registered while the chief executive's consent to its registration is suspended under this section.
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)
3: If the applicant is dissatisfied with the chief executive's decision under subsection (2)
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)
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)
6: Section 252 amended (Penalties)
After section 252(5)(g)
ga: section 106A(10) . Amendments taking effect on 1 May 2016
7: Section 2 amended (Interpretation)
In section 2(1) foreign-owned New Zealand fishing vessel section 103(4) section 103A(4) 2016-05-01 Fisheries Act 1996 Sections 7 to 9 only come into force on 1 May 2016
8: Section 103 replaced (Fishing vessels must be registered)
Replace section 103
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) if the person contravenes subsection (1)
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)
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)
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 paragraph (a)
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 paragraph (a) paragraph (a) or (b)
e: if the operator of any vessel is not the employer by virtue of paragraph (b) subsection (2) paragraph (a)
f: the authorised agent referred to in subsection (2) paragraph (a)
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)
9: Saving and transitional provisions
1: This section applies to every fishing vessel registered under the principal Act immediately before the commencement of this section.
2: On the commencement of this section, every vessel to which this section applies that is not a New Zealand ship is deemed to be an unregistered fishing vessel under the principal Act.
2: Observers and other matters
Amendments taking effect on day after date on which Act receives Royal assent
10: Section 2 amended (Interpretation)
In section 2(1) fisheries services fish farming (including any observer performing or exercising a function, duty, or power in accordance with the observer programme)
11: Section 223 amended (Observer programme established)
1: Replace section 223(1)
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: Replace section 223(3)
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)
3: In section 223(4) the effect of fishing on the aquatic environment, and the transportation of fish, aquatic life, or seaweed, or on any other matter,
4: In section 223(4)(d) 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)
5: In section 223(4)(e) or seaweed seaweed, waste, or any other matter
6: After section 223(4)(f)
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.
12: Section 225 amended (Powers of observers and obligations of persons on vessels carrying observers)
After section 225(1)(d)
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: .
13: New section 227A inserted (Installation and maintenance of equipment on vessels may be required)
After section 227
227A: Installation and maintenance of equipment on vessels may be required
The chief executive may require, in relation to any vessel, that specified equipment to observe fishing and transportation be installed and maintained on the vessel in accordance with regulations made under section 297(1)(ca)
14: Section 262 amended (Cost recovery principles)
After section 262(c)
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: .
15: Section 297 amended (General regulations)
1: Replace section 297(1)(ca)
ca: prescribing requirements or matters relating to the installation and maintenance of equipment (including electronic equipment) to observe fishing or transportation, and to the payment of any associated prescribed fees and charges: .
2: After section 297(1)(ma)
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: .