68B Defences to offences in respect of marine wildlife
  • (1) Where any person (not being a New Zealand citizen) is charged with any offence under this Act, it shall be a defence to the charge if the defendant proves that the act or omission constituting the offence took place beyond the outer limits of New Zealand fisheries waters.

    (2) Where any New Zealand citizen is charged with any offence under this Act, it shall be a defence to the charge if the defendant proves that the act or omission constituting the offence took place beyond the outer limits of New Zealand fisheries waters and did not contravene any international agreement to which effect had been given by regulations made under section 72 or by any other enactment.

    (3) Where any person is charged with an offence against section 63A, it is a defence to the charge if the defendant proves 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.

    (4) Where any person is charged with the killing or injuring or being in possession of any marine wildlife contrary to the provisions of this Act, or any regulations made under it, and the provisions of subsections (1), (2), and (3) do not apply in the circumstances of the case,—

    • (a) it is a defence to the charge if the defendant proves that the death or injury to such wildlife was accidental or incidental, and that the requirements of section 63B were complied with:

    • (b) it is a defence to the charge if the defendant proves that the death or injury to, or possession of, such wildlife took place as part of a fishing operation and the requirements of section 63B were complied with.

    Section 68B: inserted, on 1 October 1996, by section 316(1) of the Fisheries Act 1996 (1996 No 88).

    Section 68B heading: amended, on 15 October 2000, by section 8 of the Wildlife (Penalties and Related Matters) Amendment Act 2000 (2000 No 43).