New Zealand Legislation: Acts

26 Defences in respect of certain offences

• (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 or, not being an offence concerning the importing of any marine mammal or marine mammal product, relates only to marine mammals taken beyond those outer limits.

  (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 28 of this Act or by any other enactment.

  (3) Where any person 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 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 killing or injuring any marine mammal contrary to the provisions of this Act or any regulations made under it and the provisions of subsection (1) or subsection (2) or subsection (3) of this section do not apply in the circumstances of the case, it shall be a defence to the charge if the defendant proves that the death of or injury to the marine mammal was accidental, or incidental, and that the requirements of section 16 of this Act were complied with.

  Subsection (4) was amended, as from 1 October 1996, by section 316(1) Fisheries Act 1988 (1996 No 88) by inserting the words “, or incidental,”. See clause 2 Fisheries Act Commencement Order (No 2) 1996 (SR 1996/255).