Fisheries (Amateur Fishing) Regulations 2013, reg 156, Schedule 19; Criminal Procedure Act 2011, s 375
If you’ve taken only a few fish or shellfish over the limit, or if some of your catch are undersize, you may get just an on-the-spot infringement notice from a fisheries officer. An infringement notice is like a speeding ticket – you pay a fine, but it doesn’t give you a criminal record. Instead of getting one of these notices, you may even just be given a warning.
If you’ve taken up to twice the legal limit, the infringement fine will be $250. But if you’re between two and three times over the limit, it will be $500. So if for example you’re in Wellington (where the daily pāua limit is 10) and you’ve taken up to 20 pāua, you’ll be fined $250. In the same city, if you have between 21 and 30 pāua you’ll be fined $500. If some of the pāua are undersize, you’ll also get a separate $250 infringement fine for that.
If you’ve been given one of these infringement notices, you’ll have the option of asking for a court hearing where you can challenge the notice. If you do take the issue to court, but you’re found guilty anyway, you’ll have to pay the fine but you still won’t get a criminal record. You can also take an infringement notice to court if you admit you did break the law but you want to challenge the amount of the fine.
If you’re taken more than three times over the limit, you’ll face criminal charges in the courts, rather than getting an infringement notice (see below).
Fisheries Act 1996, ss 199–207
Fisheries officers (who work for the Ministry of Primary Industries) have very wide search and seizure powers and powers to require people to answer questions.