Fisheries Amendment Act 1994

Fisheries Amendment Act 1994

Public Act1994 No 87
Date of assent1 October 1994

Note

This Act is administered in the Ministry of Fisheries


An Act to amend the Fisheries Act 1983

BE IT ENACTED by the Parliament of New Zealand as follows:

1 Short Title and commencement
  • (1) This Act may be cited as the Fisheries Amendment Act 1994, and shall be read together with and deemed part of the Fisheries Act 1983 (hereinafter referred to as the principal Act).

    (2) This Act shall come into force on the 1st day of October 1994.

2 Fishing permits
  • (1) This subsection amended s 63 of the principal Act.

    (2) Notwithstanding anything in section 63 of the principal Act, in the case of any person who, at the close of the 30th day of September 1994, held a special permit referred to in subsection (3) of this section, the following provisions shall apply:

    • (a) The Director-General may, but is not obliged to, issue to the person an appropriate fishing permit in place of the special permit:

    • (b) Where the Director-General issues a fishing permit to any person under this subsection, the special permit held by that person shall be deemed to be revoked as from the commencement of the day on which the fishing permit becomes effective.

    (3) Subsection (2) of this section applies to every special permit issued pursuant to section 64(1)(c) of the principal Act during the period commencing on the 18th day of December 1992 and ending with the close of the 30th day of September 1994, being a special permit granted for one or more of the following purposes:

    • (a) To rectify an administrative error:

    • (b) To reflect a change in the holder's legal personality:

    • (c) To recognise a demonstrated record of investigation or development:

    • (d) To recognise a commitment in the form of investment:

    • (e) To recognise a debilitation by illness or injury:

    • (f) To recognise a commitment to international sporting events:

    • (g) To allow individual quota holders who did not hold a permit authorising the taking of jack mackerel in quota management areas 1 and 3 to continue their fishing operations.

3
4
5
6 Transitional levies in respect of period before commencement of first levy order under section 107EA of principal Act
  • [Repealed]

    This section expired, as from 1 December 1995, pursuant to regulation 14(1) Fisheries (Cost Recovery Levies) Order 1995 (SR 1995/280). See regulation 14(2) of that Order as to liability under this section before 1 December 1995.

7 Expiry of section 6 and Schedule 2
  • Section 6 of this Act and Schedule 2 to this Act shall expire on a date to be appointed by the Governor-General by Order in Council and shall, as from their expiry, be deemed to have been repealed.

8 Repeals and amendments
9 Crown not liable for effects of Act
  • Nothing authorised or effected by this Act shall be regarded as making the Crown or any other person liable to pay compensation to any person or as otherwise making the Crown or any person guilty of a civil wrong.

10 Saving
  • Notwithstanding the repeal of section 28ZC of the principal Act by section 8(1) of this Act, any amount payable to any person under subsection (4A) of that section (being the remission of any part of any resource rental payment) in respect of any period ending with the close of the 30th day of September 1994 shall be paid in accordance with that section if an application in respect of the amount is received by the Director-General not later than the close of the 31st day of December 1994.


Schedule 1
New Schedule 1E inserted in principal Act

Section 5

Schedule 1E

Section 107EB

A
Fisheries related costs to be borne by Crown

For the purposes of this Part of this Schedule,—

Inshore fisheries means fish of the species specified as inshore species in Part B of this Schedule

Pelagic fisheries means fish of the species specified as pelagic species in Part B of this Schedule

Prosecutions means proceedings that have been commenced by the laying of an information or the presentation of an indictment

Shellfish does not include squid (Nototodarus gouldi and Nototodarus sloanii).

ItemCrown Contribution
Stock assessment costs associated with- 
(a) Inshore fisheries research10 percent
(b) Shellfish research10 percent
(c) Pelagic fisheries research5 percent
Management measures dealing with interfaces and resolving conflicts between commercial interests and between commercial and non-commercial interests25 percent
Detection of fisheries offences13 percent
Prosecutions100 percent
Management of all Crown held fisheries quota100 percent
Management of licensing of foreign licensed nations under the Territorial Sea and Exclusive Economic Zone Act 1977100 percent
Costs of all other required services as defined in section 107EC(7) of this Act (other than research relating to deep water and middle depth stock assessment research, and stock assessment methodologies)32.07 percent
Costs of conservation services referred to in section 107EA(1)(d) of this Act00.00 percent

B
Tables of inshore and pelagic species specified for purposes of part A of this Schedule

COMMON NAMESPECIES CODESCIENTIFIC NAME
 Inshore Species 
AlfonsinoBYXBeryx splendens, B decadactylus
Blue codBCOParapercis colias
Blue mokiMOKLatridopsis ciliaris
BluenoseBNSHyperoglyphe antarctica
Butterfish, greenboneBUTOdax pullus
Common (blue) warehouWARSeriolella brama
Conger eelCONConger spp
Elephant fishELECallorhnchus milii
Flatfish:  
Black flounderBLFRhombosolea retiaria
BrillBRIColistium guntheri
Greenback flounderGFLRhombosolea tapirina
Lemon soleLSOPelotretis flavilatus
New Zealand soleESOPeltorhamphus novaezeelandiae
Sand flounderSFLRhombosolea plebeia
TurbotTURColistium nudipinnis
Yellowbelly flounderYBFRhombosolea leporina
Giant stargazerSTAKathetostoma giganteum
Grey mulletGMUMugil cephalus
Groper:  
BassBASPolyprion moeone
HapukuHAPPolyprion oxygeneios
John doryJDOZeus faber
LeatherjacketLEAParika scaber
Long-finned fresh-water eelLFEAnguilla dieffenbachii
OctopusOCTOctopus maorum
ParorePARGirella tricuspidata
PoraePORNemadactylus douglasi
Quinnat salmonSAMOncorhynchus tshawytscha
Red codRCOPseudophycis bachus
Red gurnardGURChelidonichthys kumu
Red mokiRMOCheilodactylus spectabilis
Rig, spotted dogfishSPOMustelus lenticulatus
Rough skateRSKRaja nasuta
School sharkSCHGaleorhinus galeus
Sea perch, Jock Stewart, ScarpeeSPEHelicolenus percoides
Short-finned freshwater eelSFEAnguilla australis
SnapperSNAPagrus auratus
Spiny dogfishSPDSqualus acanthias
Spotted gurnardJGUPterygotrigla picta
Spotted stargazerSPZGenyagnus monopterygius
TarakihiTARNemadactylus macropterus
TrevallyTREPseudocaranx dentex
Yellow-eyed mulletYEMAldrichetta forsteri
 Pelagic Species 
AlbacoreALBThunnus alalunga
AnchovyANCEngraulis australis
Bigeye tunaBIGThunnus obesus
Blue (English) mackerelEMAScomber australasicus
Broadbill swordfishSWOXiphias gladius
Butterfly tunaBTUGasterochisma melampus
GarfishGARHyporhamphus ihi
Jack mackerelJMATrachurus declivis, T novaezeelandiae, T murphyi
KahawaiKAHArripis trutta, A xylabion
Kingfish (yellowtail)KINSeriola ialandi
Northern bluefin tunaNTUThunnus thynnus
PilchardPILSardinops neopilchardus
Ray's breamRBMBrama brama
Skipjack tunaSKIKatsuwonus pelamis
Southern bluefin tunaSTNThunnus maccoyi
SpratsSPRSprattus antipodum, S muelleri
Yellowfin tunaYFNThunnus albacares
Striped marlinSTMTetrapturus audax
Black marlinBKMMakaira indica
Blue marlinBEMMakaira nigricans, Makaira mazara
Blue sharkBWSPrionace glauca
Mako sharkMAKIsurus oxyrinchus

Schedule 2
Transitional levies payable until expiry of section 6

Section 6

[Expired]

  • Clause (4)(2) in Part A of this Schedule was substituted, as from 30 June 1995, by regulation 2 Fisheries Amendment Act (Transitional Levies) Order 1995 (SR 1995/133).

  • Parts I to III of Part D were substituted, as from 28 July 1995, by regulation 2 Fisheries Amendment Act (Transitional Levies) Order (No 2) 1995 (SR 1995/152).

  • This Schedule expired, as from 1 December 1995, pursuant to regulation 14(1) Fisheries (Cost Recover Levies) Order 1995 (SR 1995/280).

Schedule 3
Amendments to principal Act consequential on repeal of provisions relating to resource rentals

Section 8(4)

Provision AmendedAmendment
28OF

By omitting from paragraph (b)(ii) of the definition of the term compensation balance in subsection (1) (as inserted by section 15 of the Fisheries Amendment Act 1990) the words resource rentals, and substituting the words compensation levies.

By inserting in subsection (1), after the definition of the term compensation balance, the following definition:

Compensation levy means the compensation levy imposed by Part A of the Second Schedule to the Fisheries Amendment Act 1994.

By repealing the definition of the term extended compensation period in subsection (1) (as substituted by section 6(3) of the Fisheries Amendment Act 1991), and substituting the following definition:

Extended compensation period means the period commencing on the 1st day of October 1994 and ending with the close of the 30th day of September 1995.

By inserting in subsection (2), after the words resource rental in both places where they occur, the words or compensation levy.

By repealing subsection (3) (as added by section 6(4) of the Fisheries Amendment Act 1991).

28OJ

By omitting from subsection (1)(a) (as inserted by section 15 of the Fisheries Amendment Act 1990) the word during where it secondly occurs, and substituting the words in respect of.

By repealing paragraph (b) of subsection (1) (as so inserted), and substituting the following paragraph:

  • (b) All compensation levies paid to the Crown during the extended compensation period (less the amount of any compensation levies refunded in respect of that period pursuant to Part A of the Second Schedule to the Fisheries Amendment Act 1994), to the extent that the total amount so paid does not exceed the amount of compensation payable under section 28OG of this Act in respect of reductions in quota for hoki as remains unpaid on the 31st day of December 1994; and.

By omitting from subsection (2) (as so inserted and as amended by section 10(6) of the Fisheries Amendment Act 1991) the words or (if appropriate) the extended compensation period.

28OL

By omitting from subsection (1)(b)(ii) (as inserted by section 15 of the Fisheries Amendment Act 1990) the words the 30th day of September 1994, and substituting the words all payments by way of the remission of resource rentals, being payments made on applications lodged in accordance with section 10 of the Fisheries Amendment Act 1994, have been made.

By repealing subsection (3) (as so inserted), and substituting the following subsections:

  • (3) Subject to subsection (4) of this section, where the compensation balance available at the close of the 30th day of September 1994 is insufficient to pay all amounts of compensation payable under sections 28OG to 28OI of this Act that remain unpaid at that date, that balance shall, after all cases to which section 10 of the Fisheries Amendment Act 1994 apply have been determined in accordance with that section, be paid to the persons to whom compensation is due in accordance with the following priorities:

    • (a) First, there shall be paid (if the compensation balance is sufficient), to each person who has not yet received the amount of compensation that is then due to that person under section 28OH of this Act, such amount as may be necessary to bring the level of compensation paid to that person up to that amount:

    • (b) Secondly, there shall be paid (if the compensation balance is sufficient), to each person who has not yet received the amount of compensation that is then due to that person under section 28OI of this Act, such amount as may be necessary to bring the level of compensation paid to that person up to that amount:

    • (c) Thirdly, there shall be paid in full (if the compensation balance is sufficient), to each person who has not yet received the agreed preliminary percentage of the amount of compensation payable to that person, such amount as may be necessary to bring the level of compensation paid to that person up to that percentage:

    • (d) To the extent of any remaining compensation balance, the amount to be paid to each person to whom any amount of compensation is still due shall be reduced on a proportionate basis to total the amount of that remaining balance.

  • (3A) Subject to subsection (4) of this section, where the compensation balance available at the end of the extended compensation period is insufficient to pay all amounts of compensation payable under sections 28OG to 28OI of this Act that remain unpaid at that date, that balance, after all cases to which clause 4(7) of Part A of the Second Schedule to the Fisheries Amendment Act 1994 apply have been determined, shall be paid to the persons to whom compensation is due in accordance with paragraphs (a) to (d) of subsection (3) of this section.