| Title | |
| 1 | Short Title and commencement | |
| | |
| 2 | Interpretation | |
| 3 | Meaning of term associated person in relation to quota [Repealed] | |
| 3A | Meaning of associated person in relation to issue of fishing permits [Repealed] | |
| 4 | Meaning of terms overseas person, ordinarily resident in New Zealand, and nominee [Repealed] | |
| 5 | Application of international obligations and Treaty of Waitangi (Fisheries Claims) Settlement Act 1992 | |
| 6 | Application of Resource Management Act 1991 | |
| 6A | Transitional, savings, and related provisions | |
| 7 | Act to bind the Crown | |
| | |
| 8 | Purpose | |
| 9 | Environmental principles | |
| 10 | Information principles | |
| | |
| 11 | Sustainability measures | |
| 11A | Fisheries plans | |
| 12 | Consultation | |
| 13 | Total allowable catch | |
| 14 | Alternative total allowable catch for stock specified in Schedule 3 | |
| 14A | Alternative total allowable catch for stocks specified by Order in Council | |
| 14B | Alternative total allowable catch for certain stocks | |
| 14C | Stock may be declared no longer subject to section 14B | |
| 15 | Fishing-related mortality of marine mammals or other wildlife | |
| 16 | Emergency measures | |
| | |
| | |
| 17 | Application of Part generally | |
| 17A | Highly migratory species taken outside New Zealand fisheries waters | |
| | |
| 17B | Determination that stock or species be subject to quota management system | |
| 18 | Declaration that new stock subject to quota management system | |
| 19 | Matters to be included in notice under section 18 | |
| 20 | Setting and variation of total allowable commercial catch | |
| 21 | Matters to be taken into account in setting or varying any total allowable commercial catch | |
| 22 | Effect of reduction of total allowable commercial catch | |
| 23 | Effect of increase in total allowable commercial catch | |
| | |
| 24 | Quota management areas | |
| 25 | Alteration of quota management areas | |
| 25A | Alteration of quota management areas with agreement of quota owners | |
| 25B | Alteration of quota management areas without agreement of quota owners | |
| 26 | Effect on quota if quota management area altered | |
| [Repealed] | |
| 27 | Characteristics of individual transferable quota [Repealed] | |
| 28 | Characteristics of provisional individual transferable quota [Repealed] | |
| 29 | Characteristics of provisional catch history [Repealed] | |
| | |
| 29A | Basis for allocation of quota | |
| 29B | Allocation to Crown and Te Ohu Kai Moana Trustee Limited | |
| | |
| 30 | Provisional catch history to be mechanism for allocation of quota [Repealed] | |
| 31 | Manner of calculating provisional catch history [Repealed] | |
| | |
| 32 | Criteria of eligibility to receive provisional catch history for quota management stock | |
| 32A | Application of Part 4 to estate of deceased fishing permit holder | |
| 32B | Expiry of section 32A [Repealed] | |
| 33 | Qualifying years | |
| 34 | Calculation of provisional catch history | |
| 35 | Notification of eligibility to receive provisional catch history | |
| 35A | Amendment of notification of eligibility to receive provisional catch history | |
| 36 | Notification of allocation of provisional catch history | |
| 37 | Transfer of provisional catch history | |
| 38 | Disputes about transfer of provisional catch history [Repealed] | |
| [Repealed] | |
| 39 | Criteria of eligibility to receive provisional catch history for stock controlled by individual catch entitlement [Repealed] | |
| 40 | Calculation of provisional catch history based on individual catch entitlement [Repealed] | |
| 41 | Notification of eligibility to receive provisional catch history on basis of individual catch entitlement [Repealed] | |
| | |
| 42 | Quota to be expressed in shares | |
| 43 | Rounding of amounts or shares | |
| 44 | Te Ohu Kai Moana Trustee Limited entitled to 20% of total new quota | |
| 45 | Criteria of eligibility to receive quota | |
| 46 | Withholding of quota for non-payment of cost recovery levies or deemed values | |
| 47 | Allocation of quota on basis of provisional catch history | |
| 48 | Notification of allocation of quota | |
| 49 | Unallocated total allowable commercial catch to be held by Crown | |
| 49A | Surrender of quota to Crown | |
| 50 | Rights of Crown in relation to quota | |
| [Repealed] | |
| 50A | Notification of allocation of provisional catch history [Repealed] | |
| 50B | Allocation of quota on basis of provisional catch history [Repealed] | |
| 50C | Notification of allocation of quota [Repealed] | |
| 50D | Quota holders may offer individual transferable quota to the Crown [Repealed] | |
| 50E | Chief executive to determine whether more than 80 000 000 quota shares held by other quota owners [Repealed] | |
| 50F | Crown acquisition of quota where more than 80 000 000 quota shares held by other quota owners [Repealed] | |
| 50G | Compensation for reduction of quota [Repealed] | |
| | |
| 51 | Rights of appeal | |
| 52 | Effect of decision to alter provisional catch history | |
| 53 | Calculation of entitlement to quota following appeal | |
| 54 | Allocation of quota if proceedings determined late in fishing year | |
| 55 | Determination or order not to affect quota allocated to Te Ohu Kai Moana Trustee Limited | |
| | |
| 56 | Purpose of overseas investment fishing provisions | |
| 57 | Overview of overseas investment fishing provisions | |
| 57A | Interpretation of overseas investment fishing provisions | |
| 57B | Consent required for overseas investments in fishing quota | |
| 57C | Consent must be obtained before overseas investment given effect | |
| 57D | What are overseas investments in fishing quota | |
| 57E | Approach to criteria for consent | |
| 57F | Who are relevant overseas persons, and individuals with control, for overseas investments | |
| 57G | Criteria for overseas investments in fishing quota | |
| 57H | Factors for determining whether or not overseas investment in fishing quota is in national interest | |
| 57I | Applying good character and Immigration Act 2009 criteria | |
| 57J | Who administers overseas investment fishing provisions | |
| 57K | No person in breach becomes entitled to provisional catch history | |
| 58 | Interest in fishing quota that is overseas investment in fishing quota to be forfeit | |
| 58A | Powers of court on application for declaration under section 58 | |
| 58B | Interest in fishing quota forfeited under section 58 or section 58A must be dealt with in accordance with section 62 | |
| 59 | Aggregation limits | |
| 60 | Minister may consent to persons holding quota in excess of aggregation limits | |
| 61 | Quota held in excess of aggregation limits to be forfeit | |
| 62 | Provisions relating to forfeit property | |
| | |
| 63 | Order of transactions | |
| 64 | Order of transactions on first day of new fishing year [Repealed] | |
| | |
| 65 | Characteristics of annual catch entitlement [Repealed] | |
| 66 | Generation of annual catch entitlement at beginning of new fishing year | |
| 67 | Allocation of annual catch entitlement | |
| 67A | Allocation of additional annual catch entitlement in case of underfishing | |
| 67B | Amendments to Schedule 5A | |
| 68 | Minister to create additional annual catch entitlement if total allowable catch increased during fishing year | |
| | |
| 69 | Catch must be covered by annual catch entitlement [Repealed] | |
| 70 | Defences applicable to certain stock [Repealed] | |
| 71 | Defences applicable to individual fishers [Repealed] | |
| 72 | Dumping of fish prohibited | |
| 73 | Offence to transfer used annual catch entitlement [Repealed] | |
| 74 | Minimum holdings of annual catch entitlement | |
| 74A | Orders under section 74(7) are confirmable instruments | |
| | |
| 75 | Minister to set deemed value rates | |
| 75A | Requirement to consult in relation to deemed values | |
| 75B | Limitation period for challenges to deemed values | |
| 76 | Catch to be counted against annual catch entitlement | |
| 76A | Application for catch balancing relief | |
| 76B | Effect of granting catch balancing relief | |
| 77 | Over-fishing thresholds | |
| 77A | Matters to be taken into account when recommending over-fishing thresholds | |
| 78 | Catch in excess of over-fishing thresholds | |
| 78A | Other persons may be subjected to same conditions as commercial fisher with catch in excess | |
| 78B | Removal of conditions on other persons | |
| 79 | Suspension of permit for non-payment of deemed value | |
| 79A | Suspension of fishing permit of other persons | |
| 79B | Removal of suspension, or direction to issue permit | |
| | |
| 80 | Conclusive notification | |
| | |
| 81 | Calculation of foreign allowable catch | |
| 82 | Apportionment of foreign allowable catch for foreign fishing vessels | |
| 83 | Issue of licences | |
| 84 | Licensing offences | |
| 85 | Fees, royalties, and charges | |
| 86 | Suspension and revocation of licences | |
| 87 | Review by courts | |
| 88 | Administrative penalties for fisheries offences | |
| | |
| | |
| 89 | All fishing to be authorised by fishing permit unless specific exemption held | |
| 89A | Exemption relating to farmed fish and spat catching | |
| 89B | Exemption relating to protected customary rights | |
| 90 | Application for fishing permit [Repealed] | |
| 91 | Issue of fishing permit | |
| 92 | Fishing permit may be issued subject to conditions | |
| 93 | Qualifications for holding fishing permit and moratorium | |
| 93A | Fishing permits subject to moratorium issued to related persons on death of fishing permit holder [Expired] | |
| 93B | Expiry of section 93A | |
| 94 | Right of review against decisions made under delegated authority | |
| 95 | Obligations of fishing permit holder [Repealed] | |
| 96 | Revocation of fishing permit | |
| | |
| 97 | Special permits | |
| | |
| 98 | Registers | |
| 99 | Appointment of Registrars [Repealed] | |
| 100 | Matters to be shown in Permit Register and Fishing Vessel Register | |
| 101 | Matters to be shown in Fishing Vessel Register [Repealed] | |
| 101A | Matters to be shown in High Seas Permit Register | |
| 102 | Access to registers and application of Privacy Act 1993 | |
| | |
| 103 | Fishing vessels must be registered | |
| 103A | Process for granting exemption from requirement to be New Zealand ship and granting consent to registration | |
| 104 | Provisions relating to notified users of fishing vessels | |
| 105 | Fish carriers must be registered | |
| 106 | Further provisions relating to registration of vessels | |
| 106A | Suspension of consent to registration | |
| 106B | Rights of review and appeal relating to suspension of consent to registration of vessel | |
| 107 | Cancellation of registration of fishing vessel | |
| 108 | Application of this Part to tenders | |
| 109 | Presumption that fish on registered vessel caught in New Zealand | |
| 110 | Fish taken in New Zealand fisheries waters must be landed in New Zealand | |
| 111 | Fish on registered vessel deemed to have been taken for purpose of sale | |
| 112 | Taking of fish, etc, by other than New Zealand ships | |
| 113 | Possession of fish, etc, by vessels that are not New Zealand ships | |
| 113A | All fishing within foreign fishing jurisdiction to be authorised | |
| | |
| 113B | Interpretation | |
| 113C | Notification and certification by Secretary of Foreign Affairs and Trade | |
| | |
| 113D | Taking and transportation of fish, etc, on high seas using New Zealand ships | |
| 113E | Use of foreign vessels on high seas by New Zealand nationals | |
| 113F | Exemption from section 113E | |
| | |
| 113G | Application for high seas fishing permit | |
| 113H | Issue of high seas fishing permit | |
| 113I | Term and content of high seas fishing permit | |
| | |
| 113J | Compliance with conditions and regulations | |
| 113K | Conditions of high seas fishing permit | |
| 113L | High seas fishing permit to be carried on vessel | |
| 113M | Notification of change of ownership of vessel | |
| | |
| 113N | Chief executive may suspend or revoke high seas fishing permit | |
| 113O | Procedure to be followed before suspending or revoking permit | |
| 113P | Effect of suspension or revocation of permit | |
| | |
| 113Q | High seas fishery inspectors | |
| 113R | Powers of high seas fishery inspectors in relation to New Zealand vessels | |
| 113S | Powers of high seas fishery inspectors in relation to foreign vessels | |
| 113T | Boarding and inspection procedures relating to foreign vessels | |
| 113U | Investigation of serious violations | |
| 113V | Boarding and inspection procedures modified by global, regional, or subregional fisheries organisation or arrangement | |
| 113W | Persons on New Zealand ships to co-operate with foreign high seas inspectors | |
| 113X | Powers of foreign high seas inspector when requested to investigate | |
| 113Y | Chief executive may withdraw authorisation to fish under high seas fishing permit | |
| | |
| 113Z | Administrative penalties for high seas fisheries offences | |
| 113ZA | Right to require that offence be dealt with by court | |
| 113ZB | Admission of offence | |
| 113ZC | Amount of administrative penalty | |
| | |
| 113ZD | Visits by foreign ships | |
| 113ZE | Consent of Attorney-General required for certain proceedings | |
| 113ZF | Authorised agent | |
| | |
| 114 | Application of this Part | |
| | |
| 115 | Minister to issue statement of procedure | |
| 116 | Content of statement of procedure | |
| | |
| 117 | Minister may appoint Fisheries Dispute Commissioner to resolve dispute | |
| 118 | Inquiries | |
| 119 | Secretarial services | |
| 120 | Fees and allowances of Commissioner | |
| 121 | Protection of sensitive information | |
| 122 | Commissioner to report to Minister within 60 working days | |
| 123 | Minister to determine dispute | |
| | |
| | |
| 124 | Registers | |
| 125 | Appointment of Registrars [Repealed] | |
| 126 | Chief executive to have use of seal | |
| 127 | Matters to be shown in Quota Register | |
| 128 | Matters to be shown in Annual Catch Entitlement Register | |
| 129 | Registers to be open for inspection | |
| 130 | Chief executive may close register | |
| 131 | Liability of officers [Repealed] | |
| | |
| 132 | Transfers of individual transferable quota | |
| 133 | Transfers of annual catch entitlement | |
| 134 | Annual catch entitlement transferable during extended trading period | |
| 135 | Other dealings in quota or annual catch entitlement | |
| | |
| 136 | Mortgages of quota | |
| 137 | Mortgages of annual catch entitlement prohibited | |
| 138 | Variation of terms of mortgage by endorsement | |
| 138A | Assignment of mortgages | |
| 139 | Rights of mortgagee | |
| 140 | Restriction on exercise of power of sale | |
| 140A | Restriction on transfer by mortgagee | |
| 141 | Court may permit mortgagee to exercise power before period expired | |
| 142 | Restriction on action to recover deficiency | |
| 143 | No contracting out | |
| 144 | Application of purchase money | |
| 145 | Transfer by mortgagee | |
| 146 | Discharge of mortgage | |
| | |
| 147 | Types of caveats | |
| 148 | Effect of caveat | |
| 149 | Caveat against transfer of quota or annual catch entitlement | |
| 150 | Caveat may be withdrawn | |
| 151 | Procedure for removal of caveat | |
| 152 | Person entering or maintaining caveat without due cause liable for damages | |
| | |
| 152A | Registration | |
| 152B | Effect of registering settlement quota interest against quota shares | |
| | |
| 153 | Effect of decrease in quota shares | |
| 154 | Effect of alteration of quota management area | |
| | |
| 155 | Transactions not effectual until registered | |
| 156 | When transactions deemed registered | |
| 157 | Application for registration | |
| 158 | Priority according to time of registration | |
| 159 | Registration procedure | |
| 160 | Provisions relating to defective applications for registration | |
| | |
| 161 | Person claiming under operation of law may apply to have interest registered | |
| 162 | Procedure on application | |
| 163 | Chief executive may transfer quota or annual catch entitlement | |
| | |
| 164 | Application for correction of register | |
| 165 | Correction of register | |
| 166 | Certified copies of register to be evidence | |
| 167 | Registrar not bound to attend court or produce register without court order [Repealed] | |
| | |
| 168 | Guarantee of ownership rights | |
| | |
| 169 | Purchasers and mortgagees not affected by notice | |
| 170 | No liability on bona fide purchaser or mortgagee | |
| | |
| 171 | Compensation for mistake or wrongdoing in keeping Quota Register | |
| 172 | Notice of action to be served on Attorney-General and Registrar | |
| 173 | Recovery of compensation paid and costs in case of fraud | |
| | |
| 174 | Object | |
| 175 | Declaration of taiapure-local fisheries | |
| 176 | Provisions relating to order under section 175 | |
| 177 | Proposal for establishment of taiapure-local fishery | |
| 178 | Initial consideration of proposal | |
| 179 | Notice of proposal | |
| 180 | Objections to, and submissions on, proposal | |
| 181 | Inquiry by tribunal | |
| 182 | Appeal on question of law | |
| 183 | Power of Minister to recommend declaration of taiapure-local fishery | |
| 184 | Management of taiapure-local fishery | |
| 185 | Power to recommend making of regulations | |
| | |
| 186 | Regulations relating to customary fishing | |
| 186A | Temporary closure of fishing area or restriction on fishing methods | |
| 186B | Temporary closure of fisheries | |
| | |
| 186C | Interpretation | |
| | |
| 186D | Chief executive may seek information or consult certain persons for purposes of making aquaculture decision | |
| 186E | Chief executive to make aquaculture decision | |
| 186F | Order in which requests for aquaculture decisions to be processed | |
| 186G | Provision of fisheries information relating to stock | |
| 186GA | Aquaculture decisions must not be made in relation to certain areas | |
| 186GB | Matters to be considered before aquaculture decision made | |
| 186H | Requirements for aquaculture decision | |
| 186I | Appeal against aquaculture decision [Repealed] | |
| 186J | Judicial review of aquaculture decision | |
| | |
| 186K | Fish Farmer Register | |
| 186L | Information to be shown in Fish Farmer Register | |
| 186M | Access to Fish Farmer Register | |
| 186N | Fish farmer must advise chief executive of certain changes | |
| 186O | Limitations on holding and dealing with fish farmer registration | |
| 186P | Restriction on fish farming | |
| 186Q | Exemptions | |
| 186R | Applications to register as fish farmer | |
| 186S | Decision on application | |
| 186T | Section 186S subject to sections 30 and 31 of Aquaculture Reform (Repeals and Transitional Provisions) Act 2004 | |
| 186U | Effect of registration | |
| 186V | Registration of fish farmer | |
| 186W | Variation of registration | |
| 186X | Appeal against suspension of fish farmer registration | |
| 186Y | Revocation of registration | |
| 186Z | Appeal against revocation of fish farmer registration | |
| 186ZA | Subpart does not affect Freshwater Fish Farming Regulations 1983 | |
| 186ZB | Subpart does not apply to fish farming under protected customary rights order or agreement | |
| | |
| | |
| 186ZC | Alteration of Schedule 8A | |
| | |
| 186ZD | Interpretation | |
| 186ZE | Registers of aquaculture agreements, pre-request aquaculture agreements, and compensation declarations | |
| 186ZF | Quota owners whose consent is necessary for aquaculture agreement | |
| 186ZG | High Court may consent to aquaculture agreement on behalf of non-consenting persons | |
| 186ZH | Lodging aquaculture agreements with chief executive for registration | |
| 186ZHA | Lodging compensation declarations with chief executive for registration | |
| 186ZI | Period within which aquaculture agreements must be lodged for registration | |
| 186ZIA | Period within which compensation declaration must be lodged for registration | |
| 186ZJ | No proceedings to be taken against chief executive | |
| 186ZK | Chief executive must notify regional council of certain matters | |
| 186ZL | Memorials | |
| | |
| 186ZM | Pre-request aquaculture agreements | |
| | |
| 186ZN | Compensation to be provided by coastal permit holder to affected quota owners if aquaculture agreement not lodged | |
| 186ZO | Submission to arbitration | |
| 186ZP | Arbitrator to determine preliminary question about economic value of proposed aquaculture activities | |
| 186ZQ | Determination of compensation | |
| 186ZR | Regulations relating to compensation | |
| | |
| 187 | References to weight of fish, aquatic life, or seaweed to be references to greenweight | |
| 188 | Conversion factors | |
| 188A | Spat ratio | |
| 189 | Persons who are required to keep records and returns | |
| 190 | Accounts, records, returns, and other information | |
| | |
| 191 | Disposal of fish by commercial fishers | |
| 192 | Restrictions on purchase or acquisition of fish by certain persons | |
| 192A | Restriction on acquisition of fish, aquatic life, and seaweed by fish farmers | |
| | |
| 193 | Fish in licensed premises or premises where food sold deemed to have been taken for purpose of sale | |
| 194 | Fish in fish farm deemed to be farmed and possessed for sale | |
| 195 | Fish in excess of certain quantities deemed to have been acquired or possessed for purpose of sale | |
| | |
| | |
| 196 | Appointment of fishery officers | |
| 197 | Appointment of honorary fishery officers | |
| 198 | Issue of warrants and conferral of powers | |
| 198A | Powers may be exercised outside New Zealand fisheries waters | |
| | |
| 199 | Powers of entry and examination for regulatory purposes | |
| 199A | Powers of entry and search for law enforcement purposes | |
| 199B | Application of Part 4 of Search and Surveillance Act 2012 | |
| 200 | Conditions relating to exercise of powers of entry, etc | |
| 201 | Power to question persons and require production of documents | |
| 202 | Powers for purpose of ascertaining financial status or interest in forfeit property of certain persons | |
| | |
| 203 | Power of arrest | |
| | |
| 204 | Power to give directions to master | |
| | |
| 205 | Power to use reasonable force in exercise of certain powers | |
| | |
| 206 | Power to take copies of documents | |
| | |
| 207 | Powers of seizure | |
| | |
| 208 | Chief executive may release seized property under bond [Repealed] | |
| 209 | Seized property to be held by the Crown if not released [Repealed] | |
| 210 | Crown to release seized property in certain circumstances [Repealed] | |
| 211 | Seized property forfeited to the Crown if ownership not established [Repealed] | |
| 212 | Chief executive may sell perishable seized property | |
| 213 | Protection of the Crown | |
| | |
| 214 | Crown caveats preventing registration of transactions | |
| | |
| 215 | General powers | |
| | |
| 216 | Protection against self-incrimination | |
| 217 | Fishery officer to provide identification | |
| 218 | Production of warrant to be sufficient authority to act | |
| 219 | Persons to assist fishery officer or high seas fishery inspector | |
| 220 | Protection of fishery officer or high seas fishery inspector from liability | |
| 221 | Complaints against fishery officers or high seas fishery inspectors | |
| | |
| 222 | Examiners | |
| | |
| 223 | Observer programme established | |
| 224 | Chief executive to give notice of intention to place observer on vessel | |
| 225 | Powers of observers and obligations of persons on vessels carrying observers | |
| 226 | Food and accommodation to be provided for observers | |
| 227 | Supervision by observers of transhipments, dumping of fish, and operation of conversion factors | |
| 227A | Installation and maintenance of equipment on vessels may be required | |
| | |
| 228 | Breach of conditions or requirements | |
| 229 | Obstructing fishery officers | |
| 230 | Neglect or refusal to supply particulars, and improper divulging of information | |
| 231 | Knowingly making false statement or using false document to obtain benefit | |
| 232 | Buying, selling, or possessing fish contrary to Act | |
| 233 | Knowingly acting in contravention of Act to obtain a benefit | |
| 234 | Using hazardous substance to catch or destroy fish | |
| 235 | Knowingly permitting premises to be used for offence against Act | |
| | |
| 236 | Proceedings for offences | |
| 237 | Summons may be served on agent of foreign vessel | |
| 238 | Charges relating to certain offences may be heard together | |
| 239 | Charging document may charge defendant with any number of offences | |
| 240 | Strict liability | |
| 241 | Defence available under this Act | |
| 242 | Defence for all quota management stocks [Repealed] | |
| 243 | Defence for specified quota management stocks [Repealed] | |
| 244 | Liability of body corporate | |
| 245 | Liability of companies and persons for actions of agent or employees | |
| 246 | Liability of directors and managers | |
| 247 | Presumption as to authority | |
| | |
| 248 | Certificates and official documents | |
| 249 | Copies of accounts, records, returns, etc | |
| 250 | Presumption as to master of vessel | |
| 251 | Presumptions to apply whether or not separate or further evidence adduced in support | |
| | |
| 252 | Penalties | |
| 253 | Imprisonment of foreign persons | |
| 254 | Matters to be taken into account by court in sentencing | |
| 255 | Interpretation—forfeiture provisions | |
| 255A | Forfeiture for infringement offence | |
| 255B | Forfeiture where person liable to fine exceeding $10,000 but less than $100,000 | |
| 255C | Forfeiture for section 252(2), (3), and (5) offences, offences carrying fine of $100,000, repeat offences, and serious non-commercial offences | |
| 255D | Forfeiture for section 252(1) or (4) offence | |
| 255E | General provisions relating to forfeiture | |
| 256 | Provisions relating to forfeit property | |
| 257 | Prohibition of fishing activity in case of reoffending | |
| 258 | Sum equal to deemed value payable if catch returns not completed or provided, or false returns provided | |
| 259 | Rewards to informants | |
| [Repealed] | |
| 260 | Minor offences [Repealed] | |
| | |
| 260A | Infringement offences | |
| 260B | Infringement notices | |
| 260C | Infringement fees | |
| | |
| 261 | Purpose of Part | |
| 262 | Cost recovery principles | |
| 263 | Cost recovery rules | |
| 264 | Levies | |
| 265 | Under-recovery and over-recovery of costs | |
| 265A | Recommendation for levies payable in year commencing 1 October 2003 and subsequent years | |
| 266 | Other fees, charges, or levies | |
| 267 | Payment of levies | |
| 268 | Caveats on quota | |
| 269 | Suspension of permit, licence, or registration where levies unpaid | |
| 270 | Priority of debts [Repealed] | |
| 271 | Records and returns | |
| 272 | Levies to be separately accounted for [Repealed] | |
| 273 | Caveats on quota [Repealed] | |
| 274 | Priority of debts [Repealed] | |
| 275 | Suspension of permit or fish receiver’s licence where levies unpaid [Repealed] | |
| | |
| | |
| 276 | Minister may establish National Fisheries Advisory Council | |
| 277 | Members | |
| 278 | Chairperson | |
| 279 | Remuneration of members | |
| 280 | Secretarial services | |
| 281 | Certain powers of Minister not to be delegated | |
| 282 | Reports | |
| | |
| 283 | Catch History Review Committee established | |
| 284 | Functions of Committee | |
| 285 | Members | |
| 286 | Defect in appointment | |
| 287 | Committee may regulate its own procedure | |
| 288 | Hearings to be held in public except in certain circumstances | |
| 289 | Fees and travelling allowances | |
| 290 | Administration of Committee | |
| 291 | Representation of parties | |
| 292 | Evidence before Committee | |
| 293 | Decision of Committee | |
| | |
| 294 | Use of outside agencies in performance of functions under Act | |
| 295 | Notification of appointments and places for provision of information | |
| 296 | Electronic transmission | |
| | |
| 296A | Interpretation | |
| 296B | Transfer of specified functions, duties, or powers to approved service delivery organisations | |
| 296C | Effect of transfer of specified functions, duties, or powers | |
| 296D | Minister must require payment of bond | |
| | |
| 296E | Revocation of order transferring functions, duties, or powers to approved service delivery organisation | |
| 296F | Effect of termination of transfer | |
| | |
| 296G | Purpose of sections 296H to 296N | |
| 296H | Minister may transfer property, rights, and obligations to chief executive | |
| 296I | Minister to give notice before transferring property, etc | |
| 296J | Content of notice to transfer property, rights, and obligations | |
| 296K | Right of appeal to District Court | |
| 296L | Date on which transfer of property takes effect | |
| 296M | Compensation for transfer of property | |
| 296N | Resolution of disputes regarding compensation | |
| | |
| 296O | Minister may issue standards and specifications | |
| 296P | Procedure for issuing standards and specifications | |
| 296Q | Approved service delivery organisations must comply with directions | |
| | |
| 296R | Sanctions for failing to comply with standards and specifications | |
| 296S | Demerit points to be recorded by Minister | |
| 296T | Procedure for recording demerit points | |
| 296U | Demerit points recorded where no objection made | |
| 296V | Demerit points recorded where objection made | |
| 296W | Civil penalty imposed where demerit points recorded | |
| 296X | Collection of civil penalty | |
| 296Y | Penalties payable into Crown Bank Account | |
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| 296Z | Fees | |
| 296ZAA | Suspension of permit and refusal of services for non-payment of fees | |
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| 296ZA | Regulations relating to information disclosure | |
| 296ZB | Information to be supplied to chief executive | |
| 296ZC | Supply of information relating to business of approved service delivery organisation | |
| 296ZD | Requirement that information be audited | |
| 296ZE | Disclosure of information to Minister | |
| 296ZF | Auditor to inform approved service delivery organisation of intention to disclose | |
| 296ZG | Protection of auditors | |
| 296ZH | Unique identifiers | |
| 296ZI | Regulations | |
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| 297 | General regulations | |
| 298 | Regulations relating to sustainability measures | |
| 299 | Regulations relating to foreign licensed access | |
| 299A | Amendments to update Schedule 1A | |
| 300 | Dockside monitoring | |
| 301 | Regulations relating to freshwater fish farming | |
| 302 | General provisions as to regulations | |
| 302A | Gazette notices may be consolidated | |
| 303 | Certain notices to have status of regulations | |
| 304 | Circulars | |
| 305 | Application of Commodity Levies Act 1990 | |
| 305A | Powers of chief executive when false or misleading information given | |
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| 305B | Requirements applying generally to applications and requests under this Act | |
| 305C | Chief executive may require additional information | |
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| 306 | Giving of notices, etc | |
| 307 | Ornamental fish | |
| 308 | Protection of the Crown, etc | |
| 309 | Power to withhold compensation where amounts owing to Crown | |
| 310 | Southern scallop enhancement programmes | |
| 311 | Areas closed to commercial fishing methods | |
| 312 | Prohibition on taking southern scallops for sale outside scallop season | |
| 313 | Closure of southern scallop fishery | |
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| 314 | Repeals of provisions of Fisheries Act 1983 | |
| 315 | Change of name of Fishing Industry Board Act 1963 [Repealed] | |
| 316 | Amendments to other enactments | |
| 317 | Amendments to Fisheries (Catch Against Quota) Regulations 1993 [Repealed] | |
| 318 | Amendments to Fisheries (Cost Recovery Levies) Order 1995 | |
| 319 | Amendments to Fisheries (Quota Management Areas, Total Allowable Catches, and Catch Histories) Notice 1986 | |
| 320 | Amendment to Fisheries (Jack Mackerel Quota Management Areas, Total Allowable Catches, and Catch Histories) Notice (No 2) 1987 | |
| 321 | Amendment to Fisheries (Squid Quota Management Areas, Total Allowable Catches, and Catch Histories) Notice 1987 | |
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| 322 | Relationship between offence provisions of Fisheries Act 1983 and this Act | |
| 323 | Savings relating to regulations, etc | |
| 324 | Savings relating to rock lobster regulations | |
| 325 | Savings related to fish farming regulations | |
| 326 | Savings related to territorial sea and exclusive economic zone | |
| 327 | Savings related to commodity levy orders | |
| 328 | Savings relating to licences, approvals, and authorisations | |
| 329 | Validation of certain decisions relating to permits | |
| 330 | Certain fishing restrictions may affect quota management areas | |
| 331 | Savings relating to fishery officers, examiners, and observers | |
| 332 | Transitional provisions relating to registration of vessels where consent required under section 57(8) of Fisheries Act 1983 [Repealed] | |
| 333 | Cancellation of registration to which section 332 applies [Repealed] | |
| 333A | Transitional provisions relating to foreign ownership [Repealed] | |
| 334 | Conversion of transferable term quota (rock lobster) [Repealed] | |
| 335 | Savings relating to quota appeals [Repealed] | |
| 336 | Savings relating to quota appeals after commencement of section 66 [Repealed] | |
| 337 | Transitional provisions relating to decisions of Catch History Review Committee [Repealed] | |
| 338 | Transitional fishing year for packhorse rock lobster [Repealed] | |
| 339 | Transitional provisions relating to monthly and opening balances [Repealed] | |
| 340 | Transitional provisions relating to allocation of annual catch entitlement [Repealed] | |
| 340AA | Exceptions to minimum holdings of annual catch entitlement for certain paua stocks [Repealed] | |
| 340A | Transitional provisions relating to underfishing [Repealed] | |
| 341 | Confirmation of quota | |
| 342 | Guaranteed minimum individual transferable quota [Repealed] | |
| 343 | Conversion of holdings from old register to new register [Repealed] | |
| 344 | Savings relating to balancing [Repealed] | |
| 345 | Transitional Register | |
| 346 | Provisions relating to registration of caveats in respect of leases [Repealed] | |
| 347 | Provisions relating to registration of leases | |
| 347A | Provisions relating to transfer of annual catch entitlement under leases in first fishing year [Repealed] | |
| 348 | Provisions relating to the registration of forward transfers of quota | |
| 349 | Provisions relating to caveats, etc, over converted quota [Repealed] | |
| 350 | Transitional period for registration of mortgages [Repealed] | |
| 351 | Special provisions relating to stocks with a fishing year beginning on 1 April [Repealed] | |
| 352 | Existing agreements to fish against another person’s quota [Repealed] | |
| 353 | Statutory debts under Fisheries Act 1983 | |
| 354 | Regulations in respect of transitional provisions [Repealed] | |
| 355 | Expiry of section 354 [Repealed] | |
| 356 | Dispute resolution [Repealed] | |
| 357 | Provision relating to minimum quota holdings | |
| 358 | Provisions relating to permissions granted to overseas quota owners under section 28Z of Fisheries Act 1983 [Repealed] | |
| 358A | Transitional provisions relating to sections 56 to 58 and 62 [Repealed] | |
| 359 | Provision relating to aggregation limit consents granted under section 28W of Fisheries Act 1983 | |
| 360 | Provisions relating to taiapure-local fisheries | |
| 361 | Transitional offences and penalties [Repealed] | |
| 362 | Allocation of quota for bait [Repealed] | |
| 363 | Allocation of quota | |
| 364 | Further provisions relating to allocation of quota | |
| 365 | Cost recovery [Repealed] | |
| 366 | Southern scallop enhancement programme | |
| 367 | Allocation of jack mackerel quota | |
| 368 | Allocation of Nelson-Marlborough dredge oyster quota | |
| 368A | Foveaux Strait dredge oyster fishery subject to quota system | |
| 369 | Allocation of Northland scallop quota | |
| 369A | Pale ghost shark subject to quota management system | |
| 369B | Southern blue whiting subject to quota management system | |
| 369C | Allocation of quota for southern blue whiting in quota management areas SBW6A, SBW6B, SBW6I, and SBW6R | |
| 369D | Allocation of quota for southern blue whiting in quota management area SBW1 | |
| 369E | Southern blue whiting taken from 1 April 1999 to 31 October 1999 | |
| 369F | Initial total allowable commercial catch and total allowable catch for southern blue whiting in quota management areas SBW6A, SBW6B, SBW6I, and SBW6R | |
| 369G | Transitional provision relating to Chatham Islands fishers [Expired] | |
| 369H | Expiry of section 369G [Repealed] | |
| 369I | South Island freshwater eel subject to quota management system | |
| 369J | Transitional provision relating to increase of total allowable catch for freshwater eel [Expired] | |
| 369K | Expiry of section 369J [Repealed] | |
| 369L | Change to fishing year for ANG13 | |
| 369M | Expiry of section 369L(3) | |
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| 369N | Scampi subject to quota management system | |
| 369O | Allocation of provisional catch history | |
| 369P | Notification of fishers allocated provisional catch history | |
| 369Q | Public notification of provisional catch history allocation | |
| 369R | Application of certain provisions to scampi | |
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| 369S | Green-lipped mussel in quota management area 9 subject to quota management system | |
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| 369T | Allocation of quota for pipi in quota management area 1A | |
| 370 | Transitional provision relating to performance of functions by outside agencies | |
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| [Repealed] | |
| [Repealed] | |
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| [Repealed] | |
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| Reprint notes | |