Reprint as at 1 July 2013

Fisheries Act 1983

Public Act1983 No 14
Date of assent23 September 1983
Commencementsee section 1(2)

Note

Changes authorised by section 17C of the Acts and Regulations Publication Act 1989 have been made in this reprint.

A general outline of these changes is set out in the notes at the end of this reprint, together with other explanatory material about this reprint.

This Act is administered by the Ministry for Primary Industries.


Contents

Title

1 Short Title and commencement

2 Interpretation

2A Act to bind Crown

3 Application of Act to exclusive economic zone

3A Conversion factors [Repealed]

Part 1
Fishery management plans

[Repealed]

4 Purposes of fishery management plans [Repealed]

5 Declaration of fishery management area [Repealed]

6 Fishery management plan [Repealed]

7 Fishery management advisory committees [Repealed]

8 Procedure in relation to plans [Repealed]

9 Objections to, and submissions on, proposed plan [Repealed]

10 Inquiry by Planning Tribunal [Repealed]

10A Regulations to bring plan into effect [Repealed]

10B Amendments to fisheries management plans [Repealed]

11 Emergency amendments to plan [Repealed]

12 Minister may impose emergency restrictions before introduction of plan [Repealed]

Part 2
Fisheries Authority

[Repealed]

13 Establishment of Fisheries Authority [Repealed]

14 Chairman not to be financially interested in fishing industry [Repealed]

15 Deputies of members [Repealed]

16 Co-opted members [Repealed]

17 Meetings of Authority [Repealed]

18 Procedure before Authority [Repealed]

19 Fees and travelling allowances [Repealed]

20 Administration of Authority [Repealed]

21 Money received by Authority and refunds [Repealed]

22 Representation of parties [Repealed]

23 Evidence before Authority [Repealed]

24 Reasons for decision of Authority may be obtained [Repealed]

25 Functions and powers of Authority [Repealed]

26 Authority to implement policy of Government [Repealed]

27 Financial year [Repealed]

28 Annual report [Repealed]

28A Quota Appeal Authority [Repealed]

Part 2A
Commercial fishing on quota management system

[Repealed]

28AB Part 2A not to apply to Southern Scallop Fishery [Repealed]

28B Declaration that species or class of fish subject to quota fishing [Repealed]

28BA Declaration that rock lobster subject to quota fishing [Repealed]

28BB Subdivision of quota management area known as PAU 5 [Repealed]

28BC Total allowable commercial catch for paua [Repealed]

28BD Allocation of total allowable commercial catch for paua [Repealed]

28C Total allowable commercial catch for species other than rock lobster [Repealed]

28CA Total allowable commercial catch for rock lobster [Repealed]

28D Matters to be taken into account in determining or varying any total allowable commercial catch [Repealed]

28E Criteria for granting provisional maximum individual transferable quotas [Repealed]

28EA Special provisions in relation to provisional maximum transferable term quotas in respect of rock lobster [Repealed]

28F Guaranteed minimum individual transferable quotas [Repealed]

28FA Guaranteed minimum transferable term quota [Repealed]

28G Notice of quota allocations to be given [Repealed]

28GA Notice of quota allocations for rock lobster [Repealed]

28H Appeal against allocation or failure to allocate provisional maximum individual transferable quota [Repealed]

28HA Appeal against allocation or failure to allocate provisional maximum transferable term quota [Repealed]

28I Decisions of Quota Appeal Authority [Repealed]

28J Effect of increase in provisional maximum individual transferable quota by Quota Appeal Authority [Repealed]

28JA Effect of increase in provisional maximum transferable term quota by Quota Appeal Authority [Repealed]

28K Effect of allocation of guaranteed minimum individual transferable quota [Repealed]

28KA Effect of allocation of guaranteed minimum transferable term quota [Repealed]

28L Agreements to surrender provisional maximum individual transferable quota [Repealed]

28M Minister may abandon quota management scheme [Repealed]

28N Reduction of provisional maximum individual transferable quotas [Repealed]

28NA Reduction of provisional maximum transferable term quotas [Repealed]

28O Allocation of individual transferable quota [Repealed]

28OA Allocation of transferable term quota [Repealed]

Variation in total allowable commercial catch and consequent reduction or increase in quota

28OB Variation in total allowable commercial catch for species other than rock lobster [Repealed]

28OC Variation of total allowable commercial catch for rock lobster [Repealed]

28OD Reduction of total allowable commercial catch [Repealed]

28OE Increase in total allowable commercial catch [Repealed]

Compensation for reductions in quota over transitional period

28OF Interpretation [Repealed]

28OG Compensation for reductions in individual transferable quota for species other than rock lobster during transitional compensation period [Repealed]

28OH Compensation in respect of initial allocation of transferable term quota for rock lobster [Repealed]

28OI Compensation for reduction in transferable term quota for rock lobster [Repealed]

28OJ Limit on total compensation payable [Repealed]

28OK Determination of preliminary percentage of compensation payable before end of transitional compensation period [Repealed]

28OL Manner and timing of payment of compensation [Repealed]

28OM Power to withhold compensation where amounts owing to Crown [Repealed]

28ON Additional amounts payable by Crown in respect of goods and services tax [Repealed]

28OO Compensation payable without further appropriation than this Act [Repealed]

Dealings in quota

28P Registers and forms of leases [Repealed]

28Q Transfers and leases of individual transferable quotas [Repealed]

28R Form of transfers and leases of individual transferable quota [Repealed]

28S Minimum holdings of quota and interests in quota [Repealed]

28T Distribution of total allowable catch where increased or not initially allocated as quota [Repealed]

28TA Distribution of total allowable catch for rock lobster where increased or not initially allocated as quota [Repealed]

28U Power of Crown to acquire, hold, transfer, lease, or cancel quotas [Repealed]

28V Taking of fish in excess of quota, and carrying forward of unused quota [Repealed]

28W Restriction on amount of quota that may be held by any one person [Repealed]

28X Quota not to be allocated to owners of licensed foreign fishing craft [Repealed]

28Y Quota not to be sold to or held in respect of licensed foreign fishing craft or leased to them other than by Crown [Repealed]

28Z Quota not to be allocated to overseas individuals or companies with overseas control [Repealed]

General

28ZA Fish subject to quota fishing cannot be taken for sale other than under quota [Repealed]

28ZAA Rock lobster subject to quota fishing cannot be taken for sale other than under quota [Repealed]

28ZB Prohibitions and requirements relating to dumping or retention of quota management system fish [Repealed]

28ZC Resource rental payable in respect of quota [Repealed]

28ZCA Special provision in relation to quota balances [Repealed]

28ZD Commercial fishermen may be required to pay deemed value of excess or unauthorised quota fish [Repealed]

28ZE Assessment of deemed value of fish [Repealed]

28ZF Amount of deemed value to be returned to fisherman where quota subsequently obtained [Repealed]

28ZG Fisherman may offer lease of quota in lieu of paying deemed value [Repealed]

28ZGA Limitations on powers of Quota Appeal Authority and courts in certain cases [Repealed]

Part 2B
Quota management system for scallops in Southern Scallop Fishery

[Repealed]

Establishment of system

[Repealed]

28ZH Application of this Part [Repealed]

28ZI Scallops subject to quota fishing [Repealed]

28ZJ Annual allowable catch for scallops [Repealed]

28ZK Allocation of annual allowable catch [Repealed]

28ZL Variation of annual allowable catch [Repealed]

28ZM Prohibition on taking scallops for sale outside scallop season [Repealed]

28ZN Effect of increase or reduction in annual allowable catch until 31 March 1997 [Repealed]

28ZO Crown to transfer quota to iwi after 31 March 1997 [Repealed]

28ZP Effect of increase or reduction in annual allowable catch after 31 March 1997 [Repealed]

28ZQ No compensation for effect of reduction in annual allowable catch [Repealed]

Dealings in quota

[Repealed]

28ZR Register to be maintained [Repealed]

28ZS Transfers and leases of individual transferable quotas [Repealed]

28ZT Form of leases of individual transferable quota [Repealed]

28ZU Minimum holdings of quota and interest in quota [Repealed]

28ZV Power of Crown to acquire, hold, transfer, lease, or cancel quotas [Repealed]

28ZW Restriction on amount of quota that may be held by any one person [Repealed]

28ZX Quota not to be sold to or held in respect of licensed foreign fishing craft or leased to them other than by Crown [Repealed]

28ZY Quota not to be allocated to overseas individuals or companies with overseas control [Repealed]

General

[Repealed]

28ZZ Scallops subject to quota fishing cannot be taken for sale other than under quota [Repealed]

28ZZA Prohibitions and requirements relating to dumping or retention of scallops [Repealed]

28ZZB Resource rental payable in respect of quotas [Repealed]

28ZZC Scallop spat [Repealed]

Enhancement

[Repealed]

28ZZD Southern Scallop Fishery Advisory Committee [Repealed]

28ZZE Minister to determine enhancement programme [Repealed]

28ZZF Closure of Southern Scallop Fishery [Repealed]

28ZZG Levies [Repealed]

Part 3
Controlled fisheries

[Repealed]

Register of controlled fishery licences

29 Register of controlled fishery licences [Repealed]

Controlled fisheries licensing

30 Declaration of controlled fisheries [Repealed]

31 Offence to fish controlled fishery without licence [Repealed]

32 Application for licence [Repealed]

33 Authority may grant licence [Repealed]

34 Matters to be considered in determining application for licence [Repealed]

35 Classification and duration of licences [Repealed]

36 Terms and conditions of licence [Repealed]

37 Renewal of licence [Repealed]

38 Temporary licence [Repealed]

39 Temporary master may be appointed [Repealed]

40 Boat authorities [Repealed]

41 Licence not transferable [Repealed]

42 Fishing not to be suspended [Repealed]

43 Voluntary surrender of licence [Repealed]

44 Lost licences, boat authorities, and temporary licences [Repealed]

45 Revocation and suspension of licence [Repealed]

46 Review of licences [Repealed]

47 Restrictions on licences in certain cases [Repealed]

48 Keeping of accounts and records [Repealed]

Appeals

49 Appeal against decision of Authority [Repealed]

50 Persons entitled to appeal [Repealed]

51 Rights of licensee pending disposal of appeal in certain cases [Repealed]

52 Hearing and determination of appeal [Repealed]

53 Court may refer appeals back to Authority [Repealed]

54 Appeals to Court of Appeal on questions of law [Repealed]

Part 3A
Taiapure-local fisheries

[Repealed]

54A Object [Repealed]

54B Declaration of taiapure-local fisheries [Repealed]

54C Proposal for establishment of taiapure-local fishery [Repealed]

54D Initial consideration of proposal [Repealed]

54E Notice of proposal [Repealed]

54F Objections to, and submissions on, proposal [Repealed]

54G Inquiry by tribunal [Repealed]

54H Appeal on question of law [Repealed]

54I Power of Minister to recommend declaration of taiapure-local fishery [Repealed]

54J Management of taiapure-local fishery [Repealed]

54K Power to recommend making of regulations [Repealed]

Part 4
Fishing vessels and methods of fishing

[Repealed]

55 Provisions of this Part to apply [Repealed]

56 Registration offices and Registrars [Repealed]

57 Fishing vessels to be registered [Repealed]

58 Application of this Part to tenders [Repealed]

59 Cancellation of registration of fishing vessel [Repealed]

60 Taking of fish, etc, by other than New Zealand ships [Repealed]

61 Possession of fish, etc, by vessels that are not New Zealand ships [Repealed]

62 Taking fish, etc, commercially without permit prohibited [Repealed]

63 Fishing permits [Repealed]

63A Transfer of permit to estate of deceased fishing permit holder [Repealed]

63B Expiry of section 63A [Repealed]

64 Special permits [Repealed]

65 Minister may restrict fishing [Repealed]

Records, returns, and restrictions on disposal of fish, etc, by commercial fishermen and others

[Repealed]

66 Records and returns [Repealed]

67 Disposal of fish by commercial fishers [Repealed]

67A Restrictions on purchase or acquisition of fish by certain persons [Repealed]

67B Examiners [Repealed]

Scientific observer scheme

[Repealed]

67C Scientific observer scheme established [Repealed]

67D Appointment of scientific observers [Repealed]

67E Director-General to give notice of intention to place scientific observer on vessel [Repealed]

67F Powers of scientific observers [Repealed]

67G Food and accommodation to be provided for scientific observers [Repealed]

67H Supervision by scientific observers of transhipments, dumping of fish, and operation of greenweight conversion factors [Repealed]

Part 4A
Marine farming

67I Interpretation [Repealed]

67J Marine farming permits [Repealed]

67K Change or cancellation of conditions of marine farming permits [Repealed]

67L Effect of marine farming permit [Repealed]

67M Transfer of permits [Repealed]

67N Duration of permit [Repealed]

67O Lapse, cancellation, and surrender of permit [Repealed]

67OA Effect of moratorium on coastal permits on marine farming permits [Repealed]

67P Review of marine farming permit conditions [Repealed]

67Q Authority to catch spat [Repealed]

67R Effect of spat catching permit

67S Duration of spat catching permit

Part 5
Freshwater fisheries

[Repealed]

68 Taking of acclimatised fish within licensed fish farm permitted [Repealed]

68A Offences relating to spawning acclimatised fish [Repealed]

69 Sales of acclimatised fish to and from acclimatisation societies and Crown [Repealed]

69A Fishing competitions relating to acclimatised fish [Repealed]

70 Restrictions on fishing [Repealed]

71 Acclimatisation society responsibilities [Repealed]

72 Acclimatisation societies may grant special permits [Repealed]

73 Fishing rights not to be sold or let [Repealed]

74 Occupier may fish without licence [Repealed]

75 Pollution of fresh waters and estuaries [Repealed]

75A Part 5 administered in Department of Conservation [Repealed]

Part 6
Appointment and powers of fishery officers

[Repealed]

76 Appointment of fishery officers [Repealed]

77 Appointment of honorary fishery officers [Repealed]

78 Issue of warrants [Repealed]

79 Powers of fishery officers [Repealed]

80 Powers of seizure [Repealed]

80A Director-General may direct that transfer or lease of quota not to be registered pending laying of information for quota management offence [Repealed]

81 Persons to assist fishery officer [Repealed]

82 Fish unfit for human consumption to be condemned and vessel prohibited [Repealed]

83 Protection of fishery officer from liability [Repealed]

Part 7
Miscellaneous provisions

Miscellaneous provisions

84 Pollution of marine waters [Repealed]

85 Determination of closed seasons for fishing [Repealed]

86 Closed season in exclusive economic zone [Repealed]

87 Research and development of fisheries [Repealed]

88 Limitation of Act [Repealed]

88A Giving of notices, etc [Repealed]

88B Electronic transmission

Regulations

[Repealed]

89 Regulations [Repealed]

90 Licences to fish for acclimatised fish [Repealed]

91 Special regulations relating to freshwater fish farming [Repealed]

92 Regulations may provide for the issuing of circulars [Repealed]

92A Certain notices to have status of regulations [Repealed]

Offences and penalties

93 General offences [Repealed]

94 Liability of directors and managers [Repealed]

95 Obstructing fishery officers [Repealed]

96 Neglect or refusal to supply particulars, and improper divulging of information [Repealed]

97 Buying, selling, or possessing fish, etc, contrary to Act [Repealed]

98 Using hazardous substances to catch or destroy fish [Repealed]

98A Knowingly permitting premises to be used for offence against Act [Repealed]

99 Ownership and possession of fish [Repealed]

100 Fish on registered vessel deemed to have been caught in New Zealand [Repealed]

101 Fish taken in New Zealand fisheries waters must be landed in New Zealand [Repealed]

101A Injury or damage to marine farm or spat catching area

101B Obstructing holder of marine farming or spat catching permit

102 Fish on registered vessel deemed to have been taken for the purposes of sale [Repealed]

102A Controlled fish and gear deemed to be taken or used in controlled fishery [Repealed]

103 Fish on licensed premises or premises where food sold deemed to have been taken for purposes of sale [Repealed]

103A Fish in excess of certain quantities deemed to have been acquired or possessed for purposes of sale [Repealed]

104 Proceedings for offences [Repealed]

104A Informations relating to certain offences may be heard together [Repealed]

105 Strict liability [Repealed]

105A Defences available to commercial fishermen taking unauthorised fish [Repealed]

105AA Defence available to person injuring or damaging marine farm or spat catching area

105AB Defences available to person operating marine farm

105B Liability of principal for actions of agent in relation to records and returns [Repealed]

105C Liability of companies and persons for actions of officers and employees [Repealed]

105D Liability of directors and managers [Repealed]

105E Presumption as to authority [Repealed]

Evidence in proceedings

[Repealed]

106 Certificates and official documents [Repealed]

106A Copies of accounts, records, returns, and other documents [Repealed]

106B Presumption as to master of fishing vessel [Repealed]

106C Presumptions to apply whether or not separate or further evidence adduced in support [Repealed]

Penalties

107 Penalties [Repealed]

107A Provision for payment of fees [Repealed]

107AA Provision for payment of compensation

107B Forfeiture of property and quota on conviction [Repealed]

107C Provisions relating to forfeited property and quota [Repealed]

107D Forfeiture of licence, approval, permission, or permit, and banning from industry on second conviction [Repealed]

107DA Disqualification from holding marine farming or spat catching permit

107E Rewards to informers [Repealed]

Cost recovery

[Repealed]

107EA Levies [Repealed]

107EB Certain costs to be borne by the Crown [Repealed]

107EC Consultation required before levy order (other than amending order) made [Repealed]

107ED Consultation required before amending levy order made [Repealed]

107EE Levy orders may be amended during fishing season [Repealed]

107EF Payment of levies [Repealed]

107EG Levies to be separately accounted for [Repealed]

Commodity levies

[Repealed]

107EH Application of Commodity Levies Act 1990 [Repealed]

Resource rentals

[Repealed]

107F Resource rentals payable in respect of certain fish [Repealed]

107G Variation of resource rentals by Order in Council [Repealed]

107H Resource rentals to be paid to Fisheries Fund [Repealed]

Provisions relating to debts

[Repealed]

107I Amounts payable under Act recoverable as statutory debts [Repealed]

107J Caveats on quota [Repealed]

107K Priority of debts [Repealed]

107L Suspension of permit or fish receiver's licence where levies unpaid [Repealed]

Repeals, revocations, and amendments

[Repealed]

108 Repeals, revocations, and amendments [Repealed]

109 Saving [Repealed]

Schedule 1
Fishery management plans

[Repealed]

Schedule 1A
Species or classes of fish in respect of which any person may hold or take on lease 35% of total individual transferable quotas for New Zealand fisheries waters

[Repealed]

Schedule 1B
Resource rentals under quota management system

[Repealed]

Schedule 1C
Resource rentals where no quota management system

[Repealed]

Schedule 1D
Southern Scallop Fishery

[Repealed]

Schedule 1DA
Paua quota management areas and related total allowable commercial catches

[Repealed]

Schedule 1E
Fisheries related costs to be borne by Crown

[Repealed]

Schedule 2

[Repealed]

Schedule 3
Enactments amended

[Repealed]

Fisheries Act 1996

Reprint notes


An Act to consolidate and reform the law relating to the management and conservation of fisheries and fishery resources within New Zealand and New Zealand fisheries waters