2 Interpretation

• (1) In this Act, unless the context otherwise requires,—

  Annual catch entitlement means an annual catch entitlement allocated under any of sections 67, 67A, 68, 340, and 340A

  Annual catch entitlement: this definition was amended, as from 9 September 1999, by section 2(1) Fisheries Act 1996 Amendment Act 1999 (1999 No 101) by substituting the words “any of sections 67, 67A, 68, 340, and 340A” for the words “section 67 or section 68 of this Act”.

  Annual Catch Entitlement Register means the relevant Annual Catch Entitlement Register kept under section 124(1)(b) of this Act

  Aotearoa Fisheries Limited has the meaning given to it in section 5 of the Maori Fisheries Act 2004

  Aotearoa Fisheries Limited: this definition was inserted, as from 29 November 2004, by section 214 Maori Fisheries Act 2004 (2004 No 78). See clause 3 Maori Fisheries (Appointed Day) Order 2004 (SR 2004/401).

  appointed day has the meaning given to it in section 5 of the Maori Fisheries Act 2004

  appointed day: this definition was inserted, as from 29 November 2004, by section 214 Maori Fisheries Act 2004 (2004 No 78). See clause 3 Maori Fisheries (Appointed Day) Order 2004 (SR 2004/401).

  Approved means approved by the chief executive

  Approved form, in relation to any document, means the form prescribed by regulations made under this Act or, if there is no such prescribed form, the form approved by the chief executive; and includes an electronic format that is so prescribed or approved

  Approved service delivery organisation means a person declared to be an approved service delivery organisation, and to whom any specified functions, duties, or powers of the chief executive have been transferred, under section 296B

  Approved service delivery organisation: this definition was inserted, as from 9 September 1999, by section 2(2) Fisheries Act 1996 Amendment Act 1999 (1999 No 101).

  aquaculture activities has the same meaning as in the Resource Management Act 1991

  aquaculture activities: this definition was inserted, as from 1 January 2005, by section 4(4) Fisheries Amendment Act (No 3) 2004 (2004 No 104).

  aquaculture decision has the meaning given to it by section 186C

  aquaculture decision: this definition was inserted, as from 1 January 2005, by section 4(4) Fisheries Amendment Act (No 3) 2004 (2004 No 104).

  aquaculture management area has the same meaning as in the Resource Management Act 1991

  aquaculture management area: this definition was inserted, as from 1 January 2005, by section 4(4) Fisheries Amendment Act (No 3) 2004 (2004 No 104).

  Aquatic ecosystem means any system of interacting aquatic life within its natural and physical environment

  Aquatic environment—

  • (a) Means the natural and biological resources comprising any aquatic ecosystem; and

  • (b) Includes all aquatic life and the oceans, seas, coastal areas, inter-tidal areas, estuaries, rivers, lakes, and other places where aquatic life exists:

  Aquatic life—

  • (a) Means any species of plant or animal life that, at any stage in its life history, must inhabit water, whether living or dead; and

  • (b) Includes seabirds (whether or not in the aquatic environment):

  asset-holding company has the meaning given to it in section 5 of the Maori Fisheries Act 2004

  asset-holding company: this definition was inserted, as from 29 November 2004, by section 214 Maori Fisheries Act 2004 (2004 No 78). See clause 3 Maori Fisheries (Appointed Day) Order 2004 (SR 2004/401).

  Associated or dependent species means any non-harvested species taken or otherwise affected by the taking of any harvested species

  Authorised stock

  [Repealed]

  Authorised stock: this definition was repealed, as from 1 October 2004, by section 3(1) Fisheries Amendment Act (No 3) 2004 (2004 No 76). See section 67 of that Act as to the retention of individual catch entitlement provisions for certain seaweeds.

  Beach cast seaweed means seaweed of any species that is unattached and cast ashore

  Beach cast seaweed: this definition was inserted, as from 9 September 1999, by section 2(2) Fisheries Act 1996 Amendment Act 1999 (1999 No 101).

  Best available information means the best information that, in the particular circumstances, is available without unreasonable cost, effort, or time

  Biological diversity means the variability among living organisms, including diversity within species, between species, and of ecosystems

  Catch History Review Committee means the committee established under section 283 of this Act

  Chatham Islands Enterprise Trust means the trustees duly incorporated under that name as a charitable trust board under the Charitable Trusts Act 1957

  Chief executive means, subject to section 296C and any other enactment, the chief executive for the time being of the Ministry, which chief executive has, with the authority of the Prime Minister, assumed responsibility for this Act

  Chief executive: this definition was amended, as from 9 September 1999, by section 2(3) Fisheries Act 1996 Amendment Act 1999 (1999 No 101) by substituting the words “section 296C and any other” for the word “any”.

  Coastal marine area and coastal permit have the meanings given to those terms by section 2(1) of the Resource Management Act 1991

  commercial fisher—

  • (a) means a person who holds a fishing permit issued under section 91; and

  • (b) for the purposes of sections 72 and 75, includes—

    • (i) a person who holds a high seas fishing permit; and

    • (ii) a person using a New Zealand ship who, in the judgment of the chief executive, holds a valid authority from a foreign country to take highly migratory species in the national fisheries jurisdiction of that foreign country

  Commercial fisher: this definition was substituted, as from 1 October 2004, by section 3(2) Fisheries Amendment Act (No 3) 2004 (2004 No 76). See section 67 of that Act as to the retention of individual catch entitlement provisions for certain seaweeds.

  Commercial fishing means taking fish, aquatic life, or seaweed in circumstances where a fishing permit is required by section 89 of this Act

  Commission means the Treaty of Waitangi Fisheries Commission established under section 4 of the Maori Fisheries Act 1989

  Conservation means the maintenance or restoration of fisheries resources for their future use; and conserving has a corresponding meaning

  Conservation services means outputs produced in relation to the adverse effects of commercial fishing on protected species, as agreed between the Minister responsible for the administration of the Conservation Act 1987 and the Director-General of the Department of Conservation, including—

  • (a) Research relating to those effects on protected species:

  • (b) Research on measures to mitigate the adverse effects of commercial fishing on protected species:

  • (c) The development of population management plans under the Wildlife Act 1953 and the Marine Mammals Protection Act 1978:

  Conservation services: this definition was inserted, as from 9 September 1999, by section 2(2) Fisheries Act 1996 Amendment Act 1999 (1999 No 101).

  Court means a District Court or, where proceedings are commenced in the High Court, the High Court

  Deemed value means an interim deemed value or an annual deemed value

  Deemed value: this definition was inserted, as from 9 September 1999, by section 2(4) Fisheries Act 1996 Amendment Act 1999 (1999 No 101).

  Deemed value amount means the amount of any interim or annual deemed value payable in respect of any catch taken in excess of any annual catch entitlement, as determined under section 76

  Deemed value amount: this definition was substituted, as from 9 September 1999, by section 2(4) Fisheries Act 1996 Amendment Act 1999 (1999 No 101).

  Deemed value rate means the rate of an interim or annual deemed value payable in respect of any stock, as determined under section 75

  Deemed value rate: this definition was substituted, as from 9 September 1999, by section 2(4) Fisheries Act 1996 Amendment Act 1999 (1999 No 101).

  determination has the meaning given to it by section 186C

  determination: this definition was inserted, as from 1 January 2005, by section 4(4) Fisheries Amendment Act (No 3) 2004 (2004 No 104).

  Document means a document in any form whether signed or initialled or otherwise authenticated by its maker or not; and includes—

  • (a) Any writing on any material:

  • (b) Any information recorded or stored by means of any tape-recorder, computer, or other device, and any material subsequently derived from information so recorded or stored:

  • (c) Any label, marking, or other writing that identifies or describes any thing of which it forms part, or to which it is attached by any means:

  • (d) Any book, map, plan, graph, or drawing:

  • (e) Any photograph, film, negative, tape, or other device in which one or more visual images are embodied so as to be capable (with or without the aid of some other equipment) of being reproduced:

  Dredge oyster means the mollusc known as Tiostrea chilensis

  Dredge oyster: this definition was inserted, as from 1 April 1988, by section 3(1) Fisheries (Fouveaux Strait Dredge Oyster Fishery) Amendment Act 1998 (1998 No 6).

  Effect means the direct or indirect effect of fishing; and includes—

  • (a) Any positive or adverse effect; and

  • (b) Any temporary or permanent effect; and

  • (c) Any past, present, or future effect; and

  • (d) Any cumulative effect which arises over time or in combination with other effects—

  regardless of the scale, intensity, duration, or frequency of the effect; and also includes—

  • (e) Any potential effect of high probability; and

  • (f) Any potential effect of low probability which has a high potential impact:

  Encumbered, in relation to any quota, means the situation where the quota is—

  • (a) Held by the Crown as a consequence of being forfeit to the Crown under this Act—

    • (i) While any proceedings in respect of that forfeiture are before a court and have not been finally resolved; or

    • (ii) During the period of 35 working days referred to in section 62(3) or section 256(3) of this Act; or

  • (b) Withheld from allocation by the Crown under section 46 of this Act:

  Environmental principles means the environmental principles set out in section 9 of this Act

  Examiner means a person appointed under section 222 of this Act to be an examiner and holding a warrant under section 198 of this Act

  Exclusive economic zone of New Zealand or exclusive economic zone means the exclusive economic zone of New Zealand as defined by section 9 of the Territorial Sea and Exclusive Economic Zone Act 1977

  farmed fish, in relation to a fish farmer, means fish, aquatic life, or seaweed—

  • (a) of a species specified in the fish farmer's registration or licence under the Freshwater Fish Farming Regulations 1983 for the site concerned; and

  • (b) that was not acquired in breach of section 192A

  farmed fish: this definition was inserted, as from 1 January 2005, by section 4(4) Fisheries Amendment Act (No 3) 2004 (2004 No 104).

  Financial year means a period of 12 months commencing on 1 July and ending with 30 June

  Financial year: this definition was inserted, as from 9 September 1999, by section 2(2) Fisheries Act 1996 Amendment Act 1999 (1999 No 101).

  Finfish includes all species of finfish of the Classes Agnatha, Chondrichthyes, and Osteichthyes, at any stage of their life history, whether living or dead

  Fish includes all species of finfish and shellfish, at any stage of their life history, whether living or dead

  Fish carrier means any vessel capable of being used for transportation

  fish farm means,—

  • (a) in relation to a person registered as a fish farmer under Part 9A, the area and premises specified in the fish farmer's registration:

  • (b) in relation to a person who holds a current licence under the Freshwater Fish Farming Regulations 1983, the area and premises specified in the licence

  fish farm: this definition was substituted, as from 1 January 2005, by section 4(1) Fisheries Amendment Act (No 3) 2004 (2004 No 104).

  fish farmer means a person—

  • (a) registered as a fish farmer under Part 9A; or

  • (b) who holds a current licence under the Freshwater Fish Farming Regulations 1983

  fish farmer: this definition was substituted, as from 1 January 2005, by section 4(1) Fisheries Amendment Act (No 3) 2004 (2004 No 104).

  fish farmer register means the register required to be kept under section 186K

  fish farmer register: this definition was inserted, as from 1 January 2005, by section 4(4) Fisheries Amendment Act (No 3) 2004 (2004 No 104).

  fish farming—

  • (a) means the breeding, hatching, cultivating, rearing, or ongrowing of fish, aquatic life, or seaweed for harvest; and

  • (b) to avoid doubt, includes the possession and ongrowing of harvestable spat; but

  • (c) does not include an activity specified in paragraph (a) if the fish, aquatic life, or seaweed—

    • (i) is not in the exclusive and continuous possession or control of the fish farmer; or

    • (ii) cannot be distinguished or kept separate from naturally occurring fish, aquatic life, or seaweed.

  fish farming: this definition was substituted, as from 1 January 2005, by section 4(1) Fisheries Amendment Act (No 3) 2004 (2004 No 104).

  Fish Stocks Agreement—

  • (a) Means the Agreement for the Implementation of the Provisions of the United Nations Convention on the Law of the Sea of 10 December 1982 relating to the conservation and management of straddling fish stocks and highly migratory fish stocks, done at New York on 4 December 1995 (a copy of the English text of which is set out in Schedule 1A); and

  • (b) Includes amendments to the Fish Stocks Agreement made in accordance with Article 45 of the Agreement that are, or will become, binding on New Zealand from time to time:

  Fish Stocks Agreement: this definition was inserted, as from 1 October 2000, by section 2 Fisheries Act 1996 Amendment Act (No 2) 1999 (1999 No 103). See clause 4(2) Fisheries Act Commencement Order 2000 (SR 2000/182).

  Fisheries Dispute Commissioner, or Commissioner, means a Fisheries Dispute Commissioner appointed under section 117(1) of this Act.

  Fisheries resources means any one or more stocks or species of fish, aquatic life, or seaweed

  Fisheries services means outputs produced for the purpose of this Act or the Fisheries Act 1983 as agreed between the Minister and the chief executive; and includes—

  • (a) The management of fisheries resources, fishing and fish farming:

  • (b) The enforcement of provisions relating to fisheries resources, fishing, and fish farming:

  • (c) Research relating to fisheries resources, fishing, and fish farming, including stock assessment and the effects of fishing and fish farming on the aquatic environment:

  • (d) The performance or exercise, by the Minister or the chief executive or any other person, of a function, duty, or power conferred or imposed relating to fisheries resources, fishing, or fish farming:

  Fisheries services: this definition was inserted, as from 9 September 1999, by section 2(2) Fisheries Act 1996 Amendment Act 1999 (1999 No 101).

  Fisheries services: this definition was amended, as from 1 January 2005, by section 4(2) Fisheries Amendment Act (No 3) 2004 (2004 No 104) by substituting the words “or the Fisheries Act 1983” for the words “, the Fisheries Act 1983, or the Marine Farming Act 1971,”.

  Fisheries services: paragraph (c) of this definition was amended, as from 1 January 2005, by section 4(3) Fisheries Amendment Act (No 3) 2004 (2004 No 104) by inserting the words “and fish farming” after the word “fishing” in the second place where it occurs.

  Fishery officer means—

  • (a) A person deemed by section 196(2) of this Act to be a fishery officer:

  • (b) A person appointed in accordance with section 196(1) of this Act to be a fishery officer and holding a warrant under section 198 of this Act:

  • (c) A person appointed under section 197 of this Act to be an honorary fishery officer and holding a warrant under section 198 of this Act:

  • (d) A person appointed under section 222 of this Act to be an examiner and holding a warrant under section 198 of this Act:

  Fishing—

  • (a) Means the catching, taking, or harvesting of fish, aquatic life, or seaweed; and

  • (b) Includes—

    • (i) Any activity that may reasonably be expected to result in the catching, taking, or harvesting of fish, aquatic life, or seaweed; and

    • (ii) Any operation in support of or in preparation for any activities described in this definition:

  Fishing permit means a fishing permit issued under section 91 of this Act

  Fishing-related mortality means the accidental death or incidental death of any protected species that occurs in the course of fishing

  Fishing vessel means any vessel that is capable of being used for fishing

  Fishing Vessel Register means the Fishing Vessel Register kept under section 98 of this Act

  Fishing year means,—

  • (a) In relation to rock lobster, southern scallops, Northland scallops, southern blue whiting, or any other stock declared under a notice made under section 18 of this Act to have a fishing year commencing on the 1st day of April in any year, a period of 12 months commencing on each 1st day of April:

  • (aa) In relation to freshwater eel subject to an Order in Council under section 369L(1), a period of 12 months commencing on each 1 February:

  • (b) In relation to any other quota management stock, a period of 12 months commencing on each 1st day of October:

  • (c) In relation to any stock not subject to the quota management system, a period of 12 months commencing on each 1st day of October, unless otherwise prescribed:

  Fishing year: paragraph (a) of his definition was amended, as from 23 June 1998, by section 2(1) Fisheries (Remedial Issues) Amendment Act 1998 (1998 No 67) by inserting the words “southern blue whiting,”.

  Fishing year: paragraph (aa) was inserted, as from 1 July 2000, by section 5 Fisheries Amendment Act 2000 (2000 No 20).

  Foreign allowable catch means a foreign allowable catch set under section 81 of this Act

  Foreign fishing vessel means any fishing vessel that is neither a New Zealand fishing vessel nor a New Zealand ship

  Foreign vessel means any vessel that is neither a vessel registered under this Act nor a New Zealand ship

  Foreign-owned New Zealand fishing vessel means a fishing vessel registered with consent under section 103(4) of this Act

  Foveaux Strait dredge oyster means any dredge oyster found in the Foveaux Strait dredge oyster fishery

  Foveaux Strait dredge oyster: this definition was inserted, as from 1 April 1988, by section 3(1) Fisheries (Fouveaux Strait Dredge Oyster Fishery) Amendment Act 1998 (1998 No 6).

  Foveaux Strait dredge oyster fishery means the Foveaux Strait Dredge Oyster Fishery defined in regulation 2 of the Fisheries (Southland and Sub-Antarctic Areas Commercial Fishing) Regulations 1986

  Foveaux Strait dredge oyster fishery: this definition was inserted, as from 1 April 1988, by section 3(1) Fisheries (Fouveaux Strait Dredge Oyster Fishery) Amendment Act 1998 (1998 No 6).

  Freshwater eel means the species Anguilla australis, Anguilla dieffenbachii, and Anguilla reinhardtii, in all areas in New Zealand fisheries waters

  Fresh water eel: this definition was inserted, as from 1 October 2000, by section 2 Fisheries Act 1996 Amendment Act (No 2) 1999 (1999 No 103). See clause 4(2) Fisheries Act Commencement Order 2000 (SR 2000/182).

  green-lipped mussel means a shellfish of the species Perna canaliculus

  green-lipped mussel: this definition was inserted, as from 1 October 2004, by section 3(3) Fisheries Amendment Act (No 3) 2004 (2004 No 76). See section 67 of that Act as to the retention of individual catch entitlement provisions for certain seaweeds.

  Greenweight, in relation to any fish, aquatic life, or seaweed, means the weight of fish, aquatic life, or seaweed before any processing commences and before any part is removed

  harvestable spat means the species of fish, aquatic life, or seaweed specified in Schedule 8A at the stage of the life cycle specified in that schedule

  harvestable spat: this definition was inserted, as from 1 January 2005, by section 4(4) Fisheries Amendment Act (No 3) 2004 (2004 No 104).

  Harvested species means any fish, aquatic life, or seaweed that may for the time being be taken with lawful authority

  Hazardous substance has the same meaning as it has in section 2(1) of the Hazardous Substances and New Organisms Act 1996

  High seas means the waters outside the national fisheries jurisdiction of any country

  High seas: this definition was inserted, as from 1 October 2000, by section 2 Fisheries Act 1996 Amendment Act (No 2) 1999 (1999 No 103). See clause 4(2) Fisheries Act Commencement Order 2000 (SR 2000/182).

  High seas fishery inspector means a person who is a high seas fishery inspector under section 113Q

  High seas fishery inspector: this definition was inserted, as from 1 October 2000, by section 2 Fisheries Act 1996 Amendment Act (No 2) 1999 (1999 No 103). See clause 4(2) Fisheries Act Commencement Order 2000 (SR 2000/182).

  High seas fishing permit means a permit issued under section 113H

  High seas fishing permit: this definition was inserted, as from 1 October 2000, by section 2 Fisheries Act 1996 Amendment Act (No 2) 1999 (1999 No 103). See clause 4(2) Fisheries Act Commencement Order 2000 (SR 2000/182).

  High Seas Permit Register means the High Seas Permit Register kept under section 98(1)(c)

  High Seas Permit Register: this definition was inserted, as from 1 October 2000, by section 2 Fisheries Act 1996 Amendment Act (No 2) 1999 (1999 No 103). See clause 4(2) Fisheries Act Commencement Order 2000 (SR 2000/182).

  highly migratory species means a species or stock listed in Schedule 4B

  highly migratory species: this definition was inserted, as from 1 October 2004, by section 3(4) Fisheries Amendment Act (No 3) 2004 (2004 No 76). See section 67 of that Act as to the retention of individual catch entitlement provisions for certain seaweeds.

  Holder, in relation to any permit, authority, approval, permission, licence, or certificate, means the person to whom the permit, authority, approval, permission, licence, or certificate has been issued, granted, or given; and holds and held have corresponding meanings

  Honorary fishery officer means a person appointed under section 197 of this Act to be an honorary fishery officer and holding a warrant under section 198 of this Act

  Individual catch entitlement

  [Repealed]

  Individual catch entitlement: this definition was repealed, as from 1 October 2004, by section 3(5) Fisheries Amendment Act (No 3) 2004 (2004 No 76). See section 67 of that Act as to the retention of individual catch entitlement provisions for certain seaweeds.

  Individual transferable quota means—

  • (a) Individual transferable quota allocated under section 44 or section 47 or section 49 of this Act:

  • (b) Quota that becomes individual transferable quota under section 49(3):

  • (ba) Individual transferable quota allocated under Part 2A of the Fisheries Act 1983 that has been converted into quota shares under section 343:

  • (c) Any quota that otherwise becomes individual transferable quota in accordance with this Act:

  Individual transferable quota: paragraph (b) was substituted and paragraph (ba) was inserted, as from 9 September 1999, by section 2(5) Fisheries Act 1996 Amendment Act 1999 (1999 No 101).

  Information includes—

  • (a) Scientific, customary Maori, social, or economic information; and

  • (b) Any analysis of any such information:

  Information principles means the information principles set out in section 10 of this Act

  Infringement fee, in relation to an infringement offence, means the appropriate infringement fee set in respect of that offence by regulations made under section 297(1)(nc)

  Infringement fee: this definition was inserted, as from 9 September 1999, by section 2(2) Fisheries Act 1996 Amendment Act 1999 (1999 No 101).

  Infringement offence means an offence prescribed as an infringement offence against this Act by regulations made under section 297(1)(na)

  Infringement offence: this definition was inserted, as from 9 September 1999, by section 2(2) Fisheries Act 1996 Amendment Act 1999 (1999 No 101).

  interest in fishing quota, in sections 56 to 58B, has the meaning set out in section 57A(1)

  interest in fishing quota: this definition was inserted, as from 25 August 2005, by section 75 Overseas Investment Act (2005 No 82). See sections 76 to 79 of that Act as to the transitional provisions. See clause 2 Overseas Investment Act Commencement Order 2005 (SR 2005/219).

  Internal waters of New Zealand means all internal waters of New Zealand as defined by section 4 of the Territorial Sea and Exclusive Economic Zone Act 1977

  international fisheries organisation means an organisation or arrangement that is defined as a global, regional, or sub-regional fisheries organisation or arrangement under section 113B

  international fisheries organisation: this definition was inserted, as from 1 October 2004, by section 3(6) Fisheries Amendment Act (No 3) 2004 (2004 No 76). See section 67 of that Act as to the retention of individual catch entitlement provisions for certain seaweeds.

  international fisheries organisation management measure means a measure that is within the definition of international conservation and management measures in section 113B

  international fisheries organisation management measure: this definition was inserted, as from 1 October 2004, by section 3(6) Fisheries Amendment Act (No 3) 2004 (2004 No 76). See section 67 of that Act as to the retention of individual catch entitlement provisions for certain seaweeds.

  Kaitiakitanga means the exercise of guardianship; and, in relation to any fisheries resources, includes the ethic of stewardship based on the nature of the resources, as exercised by the appropriate tangata whenua in accordance with tikanga Maori

  Licensed fish receiver means a person licensed as a fish receiver under regulations made under section 297 of this Act

  Long-term viability, in relation to a biomass level of a stock or species, means there is a low risk of collapse of the stock or species, and the stock or species has the potential to recover to a higher biomass level

  Long-term viability: this definition was inserted, as from 9 September 1999, by section 2(2) Fisheries Act 1996 Amendment Act 1999 (1999 No 101).

  Mana whenua means customary authority exercised by an iwi or hapu in an identified area

  mandated iwi organisation has the meaning given to it in section 5 of the Maori Fisheries Act 2004

  mandated iwi organisation: this definition was inserted, as from 29 November 2004, by section 214 Maori Fisheries Act 2004 (2004 No 78). See clause 3 Maori Fisheries (Appointed Day) Order 2004 (SR 2004/401).

  Master, in relation to any vessel, means any person for the time being having command or charge of the vessel

  Maximum sustainable yield, in relation to any stock, means the greatest yield that can be achieved over time while maintaining the stock's productive capacity, having regard to the population dynamics of the stock and any environmental factors that influence the stock

  Meatweight means,—

  • (a) In relation to scallops, the weight of the scallops remaining when the shell, skirt, and gut have been removed and discarded:

  • (b) In relation to any other stock, the weight calculated in accordance with the notice under section 18 of this Act declaring the stock to be subject to the quota management system or in the notice relating to the stock under section 188 of this Act, as the case may be:

  Minister means, subject to any enactment, any Minister of the Crown who, under authority of any warrant or with the authority of the Prime Minister, is for the time being responsible for the administration of this Act

  Ministry means, subject to any enactment, the Ministry that is, with the authority of the Prime Minister, for the time being responsible for the administration of this Act

  Mortgage means any charge registered under this Act on quota

  Mortgagee means the proprietor of a mortgage

  Mortgagor means any person who is the registered owner of quota subject to a mortgage

  Multi-species stock means a quota management stock that consists of 2 or more species

  Multi-species stock: this definition was inserted, as from 9 September 1999, by section 2(2) Fisheries Act 1996 Amendment Act 1999 (1999 No 101).

  Nelson-Marlborough dredge oyster means any mollusc of the species Tiostrea chilensis lutaria found in the Nelson-Marlborough dredge oyster fishery

  Nelson-Marlborough dredge oyster fishery means those New Zealand fisheries waters defined as OYS7 in Schedule 1 to this Act

  New Zealand fisheries waters means—

  • (a) All waters in the exclusive economic zone of New Zealand:

  • (b) All waters of the territorial sea of New Zealand:

  • (c) All internal waters of New Zealand:

  • (d) All other fresh or estuarine waters within New Zealand where fish, aquatic life, or seaweed that are indigenous to or acclimatised in New Zealand are found:

  New Zealand fishing vessel means any fishing vessel registered under section 103 of this Act

  New Zealand national means—

  • (a) A New Zealand citizen; or

  • (b) A person who is ordinarily resident in New Zealand; or

  • (c) A body corporate established by or under New Zealand law:

  New Zealand national: this definition was inserted, as from 1 October 2000, by section 2 Fisheries Act 1996 Amendment Act (No 2) 1999 (1999 No 103). See clause 4(2) Fisheries Act Commencement Order 2000 (SR 2000/182).

  New Zealand ship has the same meaning as in section 2(1) of the Ship Registration Act 1992

  Northland scallop means any scallop found in the Northland scallop fishery

  Northland scallop fishery means those New Zealand fisheries waters defined as SCA1 in Schedule 1 to this Act

  Observer means an observer appointed under section 223 of this Act

  ordinarily resident in New Zealand has the meaning set out in section 6(2) and (3) of the Overseas Investment Act 2005

  Ordinarily resident in New Zealand: this definition was inserted, as from 1 October 2001, by section 3 Fisheries Amendment Act 2001 (2001 No 65).

  ordinarily resident in New Zealand: this definition was substituted, as from 25 August 2005, by section 75 Overseas Investment Act (2005 No 82). See sections 76 to 79 of that Act as to the transitional provisions. See clause 2 Overseas Investment Act Commencement Order 2005 (SR 2005/219).

  Ornamental fish means any species of fish, aquatic life, or seaweed declared by the chief executive, by notice in the Gazette under section 307 of this Act, to be an ornamental fish

  Operator, in relation to a vessel, means the person who, by virtue of ownership, a lease, a sublease, a charter, a subcharter, or otherwise, for the time being has lawful possession and control of the vessel

  Outputs means the goods and services that are produced by a department, Crown entity, Office of Parliament, or any other person or body

  Outputs: this definition was inserted, as from 9 September 1999, by section 2(2) Fisheries Act 1996 Amendment Act 1999 (1999 No 101).

  overseas investment fishing provisions has the meaning set out in section 57A(1)

  overseas investment fishing provisions: this definition was inserted, as from 25 August 2005, by section 75 Overseas Investment Act (2005 No 82). See sections 76 to 79 of that Act as to the transitional provisions. See clause 2 Overseas Investment Act Commencement Order 2005 (SR 2005/219).

  overseas investment in fishing quota, in sections 56 to 58B, has the meaning set out in section 57D

  overseas investment in fishing quota: this definition was inserted, as from 25 August 2005, by section 75 Overseas Investment Act (2005 No 82). See sections 76 to 79 of that Act as to the transitional provisions. See clause 2 Overseas Investment Act Commencement Order 2005 (SR 2005/219).

  overseas person has the meaning set out in section 7 of the Overseas Investment Act 2005

  Overseas person: this definition was inserted, as from 9 September 1999, by section 2(2) Fisheries Act 1996 Amendment Act 1999 (1999 No 101).

  overseas person: this definition was substituted, as from 25 August 2005, by section 75 Overseas Investment Act (2005 No 82). See sections 76 to 79 of that Act as to the transitional provisions. See clause 2 Overseas Investment Act Commencement Order 2005 (SR 2005/219).

  Owner,—

  • (a) In relation to any vessel, means any person by whom the vessel is owned:

  • (b) In relation to any quota or annual catch entitlement, means the person shown as the owner in the appropriate register kept under Part 8 of this Act:

  Permit Register means the Permit Register kept under section 98 of this Act

  port—

  • (a) means any area of land and water intended or designed to be used either wholly or partly for the berthing, unloading, departure, movement, and servicing of vessels:

  • (b) includes any anchorage, roadstead, pilot station, haven or estuary, navigable lake or river, wharf, dock, pier, jetty, or dry dock used or capable of being used for such purposes

  port: this definition was inserted, as from 1 October 2004, by section 3(7) Fisheries Amendment Act (No 3) 2004 (2004 No 76). See section 67 of that Act as to the retention of individual catch entitlement provisions for certain seaweeds.

  Possession means possession of, or control over, either jointly or on one's own account,—

  • (a) Any fish, aquatic life, or seaweed; or

  • (b) Any vessel, container, package, thing, premises, or place in or on which the fish, aquatic life, or seaweed are found:

  Premises means any land or building; and includes any vessel, or any vehicle or conveyance of any kind whatever

  Processing includes cutting, shelling, freezing, and the use of all other methods of manufacture and preservation

  Protected species means—

  • (a) Any marine wildlife as defined in section 2 of the Wildlife Act 1953 that is absolutely protected under section 3 of that Act:

  • (b) Any marine mammal as defined in section 2(1) of the Marine Mammals Protection Act 1978:

  Provisional catch history means the provisional catch history specified in section 34 or section 40 of this Act

  Provisional individual transferable quota means—

  • (a) Provisional individual transferable quota allocated under section 47 or section 49 of this Act:

  • (b) Any quota that otherwise becomes provisional individual transferable quota in accordance with this Act:

  Publicly notify means publish a notice in one or more daily newspapers circulating in the main metropolitan areas or, if the Minister, or the chief executive (as the case may be) considers it appropriate, publish a notice in one or more newspapers circulating in the area to which the notice relates; and public notification and publicly notified have corresponding meanings

  Publicly notify: this definition was amended, as from 9 September 1999, pursuant to section 90(2) Fisheries Act 1996 Amendment Act 1999 (1999 No 101) by substituting the words “, or the chief executive” for the words “, the chief executive, or the Registrar”.

  Qualifying years, in relation to any stock, has the meaning given to it by section 33 of this Act

  Quota means any individual transferable quota or provisional individual transferable quota

  Quota management area means any area declared by or under this Act to be a quota management area

  Quota management stock means any stock subject to the quota management system

  Quota management system means the quota management system established under Part 4 of this Act

  Quota Register means the relevant Quota Register kept under section 124(1)(a) of this Act

  Quota share has the meaning given to it by section 42 of this Act

  Quota weight equivalent, in relation to any quota share, means the figure in kilogrammes (or, in the case of Foveaux Strait dredge oysters, the figure in oyster numbers) arrived at by dividing by 100,000,000 the total allowable commercial catch for the stock to which the quota share relates; and, consequently, the quota weight equivalent of a parcel of shares is the quota weight equivalent of one share multiplied by the number of shares in the parcel

  Quota weight equivalent: this definition was amended, as from 1 April 1988, by section 3(2) Fisheries (Fouveaux Strait Dredge Oyster Fishery) Amendment Act 1998 (1998 No 6) by inserting the words “(or, in the case of Foveaux Strait dredge oysters, the figure in oyster numbers)”.

  Record includes any document, whether or not it has been completed

  Regional plan has the meaning given to it by section 2(1) of the Resource Management Act 1991

  Registered fish carrier means any fish carrier registered under section 105 of this Act

  Registrar

  [Repealed]

  Registrar: this definition was repealed, as from 9 September 1999, by section 2(6) Fisheries Act 1996 Amendment Act 1999 (1999 No 101).

  relevant Ministers, in sections 56 to 58B, has the meaning set out in section 57A(1)

  relevant Ministers: this definition was inserted, as from 25 August 2005, by section 75 Overseas Investment Act (2005 No 82). See sections 76 to 79 of that Act as to the transitional provisions. See clause 2 Overseas Investment Act Commencement Order 2005 (SR 2005/219).

  reservation has the meaning given to it by section 186C.

  reservation: this definition was inserted, as from 1 January 2005, by section 4(4) Fisheries Amendment Act (No 3) 2004 (2004 No 104).

  Rock lobster means—

  • (a) Spiny rock lobster (Jasus edwardsii):

  • (b) Packhorse rock lobster (Jasus verreauxi):

  Sale—

  • (a) Includes—

    • (i) Every method of disposition for valuable consideration, including barter; and

    • (ii) The disposition to an agent for sale on consignment; and

    • (iii) Offering or attempting to sell, or receiving or having in possession for sale, or exposing for sale, or sending or delivering for sale, or causing or permitting to be sold, offered, or exposed for sale; and

    • (iv) disposal by way of gambling (as that term is defined in section 4(1) of the Gambling Act 2003); and

    • (v) The use by a person of fish, aquatic life, or seaweed as bait in that person's commercial fishing operations; and

    • (vi) Any other use by a person of fish, aquatic life, or seaweed as part of that person's commercial activities;—

    and sell and sold have a corresponding meaning; but

  • (b) Does not include the disposal by any method approved by the chief executive of fish, aquatic life, or seaweed lawfully taken during the course of a fishing competition, if—

    • (i) The competition and the disposal method are carried out in accordance with any conditions imposed by the chief executive, either generally or specifically; and

    • (ii) The chief executive's approval has been obtained prior to the disposal of the fish, aquatic life, or seaweed; and

    • (iii) The proceeds (less any reasonable expenses of disposal) are applied to purposes that are cultural, benevolent, philanthropic, or charitable:

  Sale: paragraph (a)(iv) was substituted, as from 1 July 2004, by section 374 Gambling Act 2003 (2003 No 51). See sections 376 and 377 of that Act for the savings and transitional provisions. See clause 2(3) Gambling Act Commencement Order 2003 (SR 2003/384).

  Scallop means the mollusc Pecten novaezelandiae; but does not include scallop spat

  Scallop spat—

  • (a) Means the larval stage of the mollusc Pecten novaezelandiae; and

  • (b) Includes any animal of that species, still in its shell, that has been retained by fishing gear on which it settled while in the larval stage:

  scampi means any fish of the species Metanephrops challengeri

  scampi: this definition was inserted, as from 13 August 2004, by section 3 Fisheries Amendment Act (No 2) 2004 (2004 No 71).

  Seaweed includes all kinds of algae and sea-grasses that grow in New Zealand fisheries waters at any stage of their life history, whether living or dead

  settlement quota has the meaning given to it in section 5 of the Maori Fisheries Act 2004

  settlement quota: this definition was inserted, as from 29 November 2004, by section 214 Maori Fisheries Act 2004 (2004 No 78). See clause 3 Maori Fisheries (Appointed Day) Order 2004 (SR 2004/401).

  settlement quota interest means an interest registered in respect of quota management stocks under section 152A

  settlement quota interest: this definition was inserted, as from 29 November 2004, by section 214 Maori Fisheries Act 2004 (2004 No 78). See clause 3 Maori Fisheries (Appointed Day) Order 2004 (SR 2004/401).

  Shellfish includes all species of the phylum Echinodermata and phylum Mollusca and all species of the Class Crustacea at any stage of their life history, whether living or dead

  Southern scallop means any scallop found in the southern scallop fishery

  Southern scallop fishery means those New Zealand fisheries waters defined as SCA7 in Schedule 1 to this Act

  Spat catching permit means a permit issued under section 67Q of the Fisheries Act 1983

  Special permit means a special permit issued under section 97 of this Act

  Specified functions, duties, or powers, in relation to an approved service delivery organisation, has the meaning given to it by section 296A

  Specified functions, duties, or powers: this definition was inserted, as from 9 September 1999, by section 2(2) Fisheries Act 1996 Amendment Act 1999 (1999 No 101).

  Sports fish has the same meaning as in section 2(1) of the Conservation Act 1987

  Standards and specifications means standards and specifications issued under section 296O

  Standards and specifications: this definition was inserted, as from 9 September 1999, by section 2(2) Fisheries Act 1996 Amendment Act 1999 (1999 No 101).

  Statutory debt means any fee, charge, or levy required by this Act, or by any regulation, order, notice, direction, or other instrument made or issued under this Act, to be paid to the Crown or the Ministry or the holder of any named office

  Stock means any fish, aquatic life, or seaweed of one or more species that are treated as a unit for the purposes of fisheries management

  subcompany, in relation to Aotearoa Fisheries Limited, has the meaning given to it in section 5 of the Maori Fisheries Act 2004

  subcompany: this definition was inserted, as from 29 November 2004, by section 214 Maori Fisheries Act 2004 (2004 No 78). See clause 3 Maori Fisheries (Appointed Day) Order 2004 (SR 2004/401).

  Sustainability measure means any measure set or varied under Part 3 of this Act for the purpose of ensuring sustainability

  Taking means fishing; and to take and taken have a corresponding meaning

  Tangata whenua, in relation to a particular area, means the hapu, or iwi, that is Maori and holds mana whenua over that area

  Te Ohu Kai Moana has the meaning given to it in section 5 of the Maori Fisheries Act 2004

  Te Ohu Kai Moana: this definition was inserted, as from 29 November 2004, by section 214 Maori Fisheries Act 2004 (2004 No 78). See clause 3 Maori Fisheries (Appointed Day) Order 2004 (SR 2004/401).

  Te Ohu Kai Moana Trustee Limited has the meaning given to it in section 5 of the Maori Fisheries Act 2004

  Te Ohu Kai Moana Trustee Limited: this definition was inserted, as from 29 November 2004, by section 214 Maori Fisheries Act 2004 (2004 No 78). See clause 3 Maori Fisheries (Appointed Day) Order 2004 (SR 2004/401).

  Te Putea Whakatupu Trust has the meaning given to it in section 5 of the Maori Fisheries Act 2004

  Te Putea Whakatupu Trust: this definition was inserted, as from 29 November 2004, by section 214 Maori Fisheries Act 2004 (2004 No 78). See clause 3 Maori Fisheries (Appointed Day) Order 2004 (SR 2004/401).

  Te Putea Whakatupu Trustee Limited has the meaning given to it in section 5 of the Maori Fisheries Act 2004

  Te Putea Whakatupu Trustee Limited: this definition was inserted, as from 29 November 2004, by section 214 Maori Fisheries Act 2004 (2004 No 78). See clause 3 Maori Fisheries (Appointed Day) Order 2004 (SR 2004/401).

  Te Wai Maori Trust has the meaning given to it in section 5 of the Maori Fisheries Act 2004

  Te Wai Maori Trust: this definition was inserted, as from 29 November 2004, by section 214 Maori Fisheries Act 2004 (2004 No 78). See clause 3 Maori Fisheries (Appointed Day) Order 2004 (SR 2004/401).

  Te Wai Maori Trustee Limited has the meaning given to it in section 5 of the Maori Fisheries Act 2004

  Te Wai Maori Trustee Limited: this definition was inserted, as from 29 November 2004, by section 214 Maori Fisheries Act 2004 (2004 No 78). See clause 3 Maori Fisheries (Appointed Day) Order 2004 (SR 2004/401).

  tender means any vessel that—

  • (a) is carried by or attached to a fishing vessel and used or intended to be used for taking fish, aquatic life, or seaweed for sale in conjunction with the fishing vessel; and

  • (b) is not longer than the greater of—

    • (i) 6 metres; or

    • (ii) 50% of the overall length of the fishing vessel it is carried by or attached to

  Tender: this definition was amended, as from 26 May 2001, by section 3(1) Fisheries (Remedial Issues) Amendment Act 2001 (2001 No 33) by omitting the words “either separately or”.

  Tender: this definition was substituted, as from 1 October 2004, by section 3(8) Fisheries Amendment Act (No 3) 2004 (2004 No 76). See section 67 of that Act as to the retention of individual catch entitlement provisions for certain seaweeds.

  Territorial sea of New Zealand or territorial sea means all the waters of the territorial sea of New Zealand as defined by section 3 of the Territorial Sea and Exclusive Economic Zone Act 1977

  Tikanga Maori means Maori customary values and practices

  Total allowable catch, in relation to any quota management stock, means a total allowable catch as set or varied for that stock by notice in the Gazette under section 13 or section 14 of this Act

  Total allowable commercial catch, in relation to any quota management stock, means a total allowable commercial catch specified for that stock by notice in the Gazette under section 20 of this Act, and includes any total allowable commercial catch set by or under the Fisheries Act 1983

  Total allowable commercial catch: this definition was amended, as from 23 June 1998, by section 2(1) Fisheries (Remedial Issues) Amendment Act 1998 (1998 No 67) by inserting the words “, and includes any total allowable commercial catch set by or under the Fisheries Act 1983”.

  Transaction means,—

  • (a) In relation to any quota or annual catch entitlement or provisional catch history, a transfer of the quota, annual catch entitlement, or provisional catch history:

  • (b) in relation to any quota, a mortgage, variation of mortgage, discharge of mortgage, or assignment of mortgage over the quota:

  • (c) In relation to any quota or annual catch entitlement, a caveat or discharge of a caveat over the quota or annual catch entitlement:

  Transaction: paragraph (b) of this definition was substituted, as from 26 May 2001, by section 3(2) Fisheries (Remedial Issues) Amendment Act 2001 (2001 No 33).

  Transhipment means the transfer of fish, aquatic life, or seaweed from one vessel to another vessel; and tranship and transhipped have a corresponding meaning

  Transportation means—

  • (a) The receiving and carriage of fish, aquatic life, or seaweed by any vessel; or

  • (b) The storage and refrigeration of fish, aquatic life, or seaweed by any vessel for the purpose of carriage:

  Tuna means any fish of the genera Katsuwonus, Euthynnus, Thunnus, Allothunnus, or Gasterochisma

  Unwanted aquatic life means—

  • (a) Any species (including subspecies, hybrids, and variations of that species) listed in Schedule 3 to the Freshwater Fisheries Regulations 1983:

  • (b) Any species of fish, aquatic life, or seaweed that is determined by a chief technical officer under the Biosecurity Act 1993 to be an unwanted organism:

  Vessel means any description of vessel, aircraft, hovercraft, submersible vessel, or other vessel of whatever size

  Whitebait includes the species Retropina retropina and juveniles of all species of the genus Galaxias:

  Working day means any day other than—

  • (a) A Saturday, a Sunday, Good Friday, Easter Monday, Anzac Day, Labour Day, the Sovereign's birthday, and Waitangi Day; and

  • (b) A day in the period commencing on the 25th day of December in any year and ending with the close of the 15th day of January in the following year.

  (1A) References to this Act include references to rules and regulations made under this Act.

  (2) For the avoidance of doubt, it is hereby declared that, unless the context otherwise requires,—

  • (a) Every reference in this Act to any fisheries resources, stock, fish, aquatic life, seaweed, habitat, location of stock, quota, or annual catch entitlement includes any part thereof:

  • (b) The expression of any matter or thing by way of example, or a provision to the effect that any matter or thing includes certain matters or things, does not limit the generality of the provision to which the example relates or the included matters or things relate.

  (3) For the purpose of this Act, the weight, greenweight, or meatweight of any fish, aquatic life, or seaweed shall be determined, where appropriate, in accordance with sections 187 and 188 of this Act.

  (4) The Governor-General may, by Order in Council,—

  • (a) add to Schedule 4B the name of any species or stock that, based on its range and biological characteristics, is highly migratory (including any new species or stock that results from a change in taxonomic classification):

  • (b) omit from that Schedule the name of any species or stock if the criteria set out in paragraph (a) cease to apply to that species or stock.

  Compare: 1977 No 28 s 2(1); 1983 No 14 s 2; 1986 No 34 s 2; 1989 No 159 s 48; 1990 No 29 s 2; 1990 No 31 s 129; 1992 No 90 s 2; 1993 No 67 s 2

  Subsection (1A) was inserted, as from 19 March 2004, by section 5 Fisheries Amendment Act 2004 (2004 No 6).

  Subsection (4) was inserted, as from 1 October 2004, by section 3(9) Fisheries Amendment Act (No 3) 2004 (2004 No 76). See section 67 of that Act as to the retention of individual catch entitlement provisions for certain seaweeds.

3 Meaning of term associated person

• [Repealed]

  Subsection (1) was amended, as from 9 September 1999, by section 3(a) Fisheries Act 1996 Amendment Act 1999 (1999 No 101) by inserting the words “(other than sections 78, 79, and 91)”.

  Subsection (1)(a) was amended, as from 9 September 1999, by section 3(b) Fisheries Act 1996 Amendment Act 1999 (1999 No 101) by inserting the words “(whether direct or indirect)”.

  Subsection (1)(b) was amended, as from 9 September 1999, by section 3(c) Fisheries Act 1996 Amendment Act 1999 (1999 No 101) by inserting the words “(whether direct or indirect)”.

  Subsection (1)(c) was amended, as from 9 September 1999, by section 3(d) Fisheries Act 1996 Amendment Act 1999 (1999 No 101) by omitting the words “estate or”.

  Sections 3 and 3A were repealed, as from 1 October 2001, by section 4 Fisheries Amendment Act 2001 (2001 No 65).

3A Meaning of associated person in relation to issue of fishing permits

• [Repealed]

  Section 3A was inserted, as from 9 September 1999, by section 4 Fisheries Act 1996 Amendment Act 1999 (1999 No 101).

  Section 3 and 3A were repealed, as from 1 October 2001, by section 4 Fisheries Amendment Act 2001 (2001 No 65).

4 Meaning of terms overseas person, ordinarily resident in New Zealand, and nominee

• [Repealed]

  Section 4 was repealed, as from 9 September 1999, by section 2(7) Fisheries Act 1996 Amendment Act 1999 (1999 No 101).

5 Application of international obligations and Treaty of Waitangi (Fisheries Claims) Settlement Act 1992

• This Act shall be interpreted, and all persons exercising or performing functions, duties, or powers conferred or imposed by or under it shall act, in a manner consistent with—

  • (a) New Zealand's international obligations relating to fishing; and

  • (b) The provisions of the Treaty of Waitangi (Fisheries Claims) Settlement Act 1992.

6 Application of Resource Management Act 1991

• (1) No provision in any regional plan or coastal permit is enforceable to the extent that it provides for—

  • (a) The allocation to one or more fishing sectors in preference to any other fishing sector of access to any fisheries resources in the coastal marine area; or

  • (b) The conferral on any fisher of a right to occupy any land in the coastal marine area or any related part of the coastal marine area, if the right to occupy would exclude any other fisher from fishing in any part of the coastal marine area.

  (2) Subsection (1) does not—

  • (a) prevent a regional council from taking into account the effects of aquaculture activities on fishing or fisheries resources in establishing an aquaculture management area under section 165C of the Resource Management Act 1991; or

  • (b) apply to a regional coastal plan to the extent that it establishes an aquaculture management area; or

  • (c) prevent any regional plan or coastal permit authorising the erection in the coastal marine area of a fish farm structure or other structure.

  (3) In this section—

  Fishing sector means—

  • (a) Commercial fishers:

  • (b) Recreational fishers:

  • (c) Maori non-commercial customary fishers:

  • (d) Fish farmers:

  • (e) Other fishers authorised under this Act to take fish, aquatic life, or seaweed:

  Occupy has the same meaning as in section 2(1) of the Resource Management Act 1991.

  Occupy: this definition was amended, as from 1 January 2005, by section 5(2) Fisheries Amendment Act (No 3) 2004 (2004 No 104) by substituting the expression “2(1)” for the expression “12(4)”.

  (4) [Repealed]

  Subsection (2) was substituted, as from 1 January 2005, by section 5(1) Fisheries Amendment Act (No 3) 2004 (2004 No 104).

  Subsection (4) was inserted, as from 26 March 2002, by section 16 Resource Management (Aquaculture Moratorium) Amendment Act 2002 (2002 No 5).

  Subsection (4) was repealed, as from 1 January 2005, by section 5(3) Fisheries Amendment Act (No 3) 2004 (2004 No 104).

7 Act to bind the Crown

• This Act shall bind the Crown.

  Compare: 1983 No 14 s 2A; 1986 No 34 s 3

8 Purpose

• (1) The purpose of this Act is to provide for the utilisation of fisheries resources while ensuring sustainability.

  (2) In this Act—

  Ensuring sustainability means—

  • (a) Maintaining the potential of fisheries resources to meet the reasonably foreseeable needs of future generations; and

  • (b) Avoiding, remedying, or mitigating any adverse effects of fishing on the aquatic environment:

  Utilisation means conserving, using, enhancing, and developing fisheries resources to enable people to provide for their social, economic, and cultural wellbeing.

9 Environmental principles

• All persons exercising or performing functions, duties, or powers under this Act, in relation to the utilisation of fisheries resources or ensuring sustainability, shall take into account the following environmental principles:

  • (a) Associated or dependent species should be maintained above a level that ensures their long-term viability:

  • (b) Biological diversity of the aquatic environment should be maintained:

  • (c) Habitat of particular significance for fisheries management should be protected.

10 Information principles

• All persons exercising or performing functions, duties, or powers under this Act, in relation to the utilisation of fisheries resources or ensuring sustainability, shall take into account the following information principles:

  • (a) Decisions should be based on the best available information:

  • (b) Decision makers should consider any uncertainty in the information available in any case:

  • (c) Decision makers should be cautious when information is uncertain, unreliable, or inadequate:

  • (d) The absence of, or any uncertainty in, any information should not be used as a reason for postponing or failing to take any measure to achieve the purpose of this Act.

11 Sustainability measures

• (1) The Minister may, from time to time, set or vary any sustainability measure for one or more stocks or areas, after taking into account—

  • (a) Any effects of fishing on any stock and the aquatic environment; and

  • (b) Any existing controls under this Act that apply to the stock or area concerned; and

  • (c) The natural variability of the stock concerned.

  (2) Before setting or varying any sustainability measure under subsection (1) of this section, the Minister shall have regard to any provisions of—

  • (a) Any regional policy statement, regional plan, or proposed regional plan under the Resource Management Act 1991; and

  • (b) Any management strategy or management plan under the Conservation Act 1987; and

  • (c) Sections 7 and 8 of the Hauraki Gulf Marine Park Act 2000 (for the Hauraki Gulf as defined in that Act)—

  that apply to the coastal marine area and are considered by the Minister to be relevant.

  (2A) Before setting or varying any sustainability measure under this Part or making any decision or recommendation under this Act to regulate or control fishing, the Minister must take into account—

  • (a) Any conservation services or fisheries services; and

  • (b) Any relevant fisheries plan approved under this Part; and

  • (c) Any decisions not to require conservation services or fisheries services.

  (3) Without limiting the generality of subsection (1) of this section, sustainability measures may relate to—

  • (a) The catch limit (including a commercial catch limit) for any stock or, in the case of a quota management stock that is subject to section 13 or section 14 of this Act, any total allowable catch for that stock:

  • (b) The size, sex, or biological state of any fish, aquatic life, or seaweed of any stock that may be taken:

  • (c) The areas from which any fish, aquatic life, or seaweed of any stock may be taken:

  • (d) The fishing methods by which any fish, aquatic life, or seaweed of any stock may be taken or that may be used in any area:

  • (e) The fishing season for any stock, area, fishing method, or fishing vessels.

  (4) The Minister may,—

  • (a) By notice in the Gazette, set or vary the catch limit (including the commercial catch limit) for any stock not within the quota management system:

  • (b) Implement any sustainability measure or the variation of any sustainability measure, as set or varied under subsection (1),—

    • (i) By notice in the Gazette; or

    • (ii) By recommending the making of regulations under section 298.

  (5) Without limiting subsection (4)(a) of this section, when setting or varying a catch limit (including a commercial catch limit) for any stock not within the quota management system, the Minister shall have regard to the matters referred to in section 13(2) or section 21(1) or both those sections, as the case may require.

  Subsection (2)(c) was inserted, as from 27 February 2000, by section 12 Hauraki Gulf Marine Park Act 2000 (2000 No 1).

  Subsection (2A) was inserted, as from 9 September 1999, by section 5(1) Fisheries Act 1996 Amendment Act 1999 (1999 No 101).

  Subsection (4)(b) was substituted, as from 9 September 1999, by section 5(2) Fisheries Act 1996 Amendment Act 1999 (1999 No 101).

  Subsection (5) was amended, as from 23 June 1998, by section 3 Fisheries (Remedial Issues) Amendment Act 1998 (1998 No 67) by substituting “or both those sections” for the words “of this Act”.

11A Fisheries plans

• (1) The Minister may from time to time approve, amend, or revoke a fisheries plan.

  (2) A fisheries plan approved under subsection (1) may relate to 1 or more stocks, fishing years, or areas, or any combination of those things.

  (3) Without limiting anything in subsection (2), a fisheries plan may include—

  • (a) Fisheries management objectives to support the purpose and principles of the Act:

  • (b) Strategies to achieve fisheries management objectives, which may include—

    • (i) Sustainability measures set or varied under any of sections 11, 13, 14, and 15:

    • (ii) Rules to manage the interaction between different fisheries sectors:

  • (c) Performance criteria to measure the achievement of the objectives and strategies:

  • (d) Conservation services or fisheries services:

  • (e) Contingency strategies to deal with foreseeable variations in circumstances.

  (4) Nothing in this section prevents the Minister from considering a proposal under Part 9.

  Section 11A was inserted, as from 9 September 1999, by section 6 Fisheries Act 1996 Amendment Act 1999 (1999 No 101).

12 Consultation

• (1) Before doing anything under any of sections 11(1), 11(4), 11A(1), 13(1), 13(4), 13(7), 14(1), 14(3), 14(6), 14B(1), 15(1), and 15(2) of this Act or recommending the making of an Order in Council under section 13(9) or section 14(8) or section 14A(1) of this Act, the Minister shall—

  • (a) Consult with such persons or organisations as the Minister considers are representative of those classes of persons having an interest in the stock or the effects of fishing on the aquatic environment in the area concerned, including Maori, environmental, commercial, and recreational interests; and

  • (b) Provide for the input and participation of tangata whenua having—

    • (i) A non-commercial interest in the stock concerned; or

    • (ii) An interest in the effects of fishing on the aquatic environment in the area concerned—

    and have particular regard to Kaitiakitanga.

  (2) After setting or varying any sustainability measure, or after approving, amending, or revoking any fisheries plan, the Minister shall, as soon as practicable, give to the parties consulted in accordance with subsection (1) of this section reasons in writing for his or her decision.

  (3) This section does not apply in respect of emergency measures under section 16 of this Act.

  Subsection (1) was amended, as from 9 September 1999, by section 7(1) Fisheries Act 1996 Amendment Act 1999 (1999 No 101) by inserting the expressions “11(4), 11A(1),”, “14B(1),” and “or section 14A(1)”.

  Subsection (2) was amended, as from 9 September 1999, by section 7(1) Fisheries Act 1996 Amendment Act 1999 (1999 No 101) by inserting the words “or after approving, amending, or revoking any fisheries plan,”.

13 Total allowable catch

• (1) Subject to this section, the Minister shall, by notice in the Gazette, set in respect of the quota management area relating to each quota management stock a total allowable catch for that stock, and that total allowable catch shall continue to apply in each fishing year for that stock unless varied under this section, or until an alteration of the quota management area for that stock takes effect in accordance with sections 25 and 26.

  (2) The Minister shall set a total allowable catch that—

  • (a) Maintains the stock at or above a level that can produce the maximum sustainable yield, having regard to the interdependence of stocks; or

  • (b) Enables the level of any stock whose current level is below that which can produce the maximum sustainable yield to be altered—

    • (i) In a way and at a rate that will result in the stock being restored to or above a level that can produce the maximum sustainable yield, having regard to the interdependence of stocks; and

    • (ii) Within a period appropriate to the stock, having regard to the biological characteristics of the stock and any environmental conditions affecting the stock; or

  • (c) Enables the level of any stock whose current level is above that which can produce the maximum sustainable yield to be altered in a way and at a rate that will result in the stock moving towards or above a level that can produce the maximum sustainable yield, having regard to the interdependence of stocks.

  (2A) For the purposes of setting a total allowable catch under this section, if the Minister considers that the current level of the stock or the level of the stock that can produce the maximum sustainable yield is not able to be estimated reliably using the best available information, the Minister must—

  • (a) not use the absence of, or any uncertainty in, that information as a reason for postponing or failing to set a total allowable catch for the stock; and

  • (b) have regard to the interdependence of stocks, the biological characteristics of the stock, and any environmental conditions affecting the stock; and

  • (c) set a total allowable catch—

    • (i) using the best available information; and

    • (ii) that is not inconsistent with the objective of maintaining the stock at or above, or moving the stock towards or above, a level that can produce the maximum sustainable yield.

  (3) In considering the way in which and rate at which a stock is moved towards or above a level that can produce maximum sustainable yield under subsection (2)(b) or (c), or (2A) (if applicable), the Minister shall have regard to such social, cultural, and economic factors as he or she considers relevant.

  (4) The Minister may from time to time, by notice in the Gazette, vary any total allowable catch set for any quota management stock under this section by increasing or reducing the total allowable catch. When considering any variation, the Minister is to have regard to the matters specified in subsections (2), (2A) (if applicable), and (3).

  (5) Without limiting subsection (1) or subsection (4) of this section, the Minister may set or vary any total allowable catch at, or to, zero.

  (6) Except as provided in subsection (7) of this section, every setting or variation of a total allowable catch shall have effect on and from the first day of the next fishing year for the stock concerned.

  (7) After considering information about the abundance during the current fishing year of any stock listed in Schedule 2 to this Act, and after having regard to the matters specified in subsections (2), (2A) (if applicable), and (3), the Minister may, by notice in the Gazette, increase the total allowable catch for the stock with effect from such date in the fishing year in which the notice is published as may be stated in the notice.

  (8) If a total allowable catch for any stock has been increased during any fishing year under subsection (7) of this section, the total allowable catch for that stock shall, at the close of that fishing year, revert to the total allowable catch that applied to that stock at the beginning of that fishing year; but this subsection does not prevent a variation under subsection (4) of this section of the total allowable catch that applied at the beginning of that fishing year.

  (9) The Governor-General may from time to time, by Order in Council, omit the name of any stock from Schedule 2 to this Act or add to that Schedule the name of any stock whose abundance is highly variable from year to year.

  (10) Subsection (1) does not require the Minister to set an initial total allowable catch for any quota management area and stock unless the Minister also proposes to set or vary a total allowable commercial catch for that area and stock under section 20.

  Compare: 1983 No 14 ss 28C, 28D, 28OB-28OE; 1986 No 34 s 10; 1990 No 29 s 5(1); 1992 No 90 s 4; 1992 No 121 s 24(1)

  Subsection (1) was amended, as from 23 June 1998, by section 4(1) Fisheries (Remedial Issues) Amendment Act 1998 (1998 No 67) by adding the words “, or until an alteration of the quota management area for that stock takes effect in accordance with sections 25 and 26”.

  Subsection (2)(b) was substituted, as from 23 June 1998, by section 4(2) Fisheries (Remedial Issues) Amendment Act 1998 (1998 No 67).

  Section 13(2A): inserted, on 28 September 2008, by section 4(1) of the Fisheries Act 1996 Amendment Act 2008 (2008 No 96).

  Section 13(3): amended, on 28 September 2008, by section 4(2) of the Fisheries Act 1996 Amendment Act 2008 (2008 No 96).

  Section 13(4): amended, on 28 September 2008, by section 4(3) of the Fisheries Act 1996 Amendment Act 2008 (2008 No 96).

  Subsection (4) was amended, as from 23 June 1998, by section 4(3) Fisheries (Remedial Issues) Amendment Act 1998 (1998 No 67) by adding the words “When considering any variation, the Minister is to have regard to the matters specified in subsections (2) and (3).”

  Section 13(7): amended, on 28 September 2008, by section 4(3) of the Fisheries Act 1996 Amendment Act 2008 (2008 No 96).

  Subsection (7) was amended, as from 23 June 1998, by section 4(4) Fisheries (Remedial Issues) Amendment Act 1998 (1998 No 67) by adding the words “and after having regard to the matters specified in subsections (2) and (3),”.

  Subsection (8) was amended, as from 23 June 1998, by section 4(5) Fisheries (Remedial Issues) Amendment Act 1998 (1998 No 67) by substituting the expression “subsection (7)” for the words “subsection (6)”.

  Subsection (10) was inserted, as from 23 June 1998, by section 4(6) Fisheries (Remedial Issues) Amendment Act 1998 (1998 No 67).

14 Alternative total allowable catch for stock specified in Schedule 3

• (1) Notwithstanding anything in section 13 of this Act, if satisfied, in the case of any quota management stock listed in Schedule 3 to this Act, that the purpose of this Act would be better achieved by setting a total allowable catch otherwise than in accordance with subsection (2) of that section, the Minister may at any time, by notice in the Gazette, set in respect of the quota management area relating to the quota management stock a total allowable catch for that stock that he or she considers appropriate to achieve the purpose of this Act.

  (2) Every total allowable catch set under subsection (1) of this section for any stock shall continue to apply in each fishing year for the stock unless varied under subsection (3) of this section.

  (3) The Minister may from time to time, by notice in the Gazette, vary any total allowable catch set under subsection (1) of this section for any stock by increasing or reducing the total allowable catch.

  (4) Without limiting subsection (1) or subsection (3) of this section, the Minister may set or vary any total allowable catch at, or to, zero.

  (5) Except as provided in subsection (6) of this section, every setting or variation of a total allowable catch shall have effect on and from the first day of the next fishing year for the stock concerned.

  (6) After considering information about the abundance during the current fishing year of any stock listed in Schedule 3 to this Act, the Minister may, by notice in the Gazette, increase the total allowable catch for the stock with effect from such date in the fishing year in which the notice is published as may be stated in the notice.

  (7) If a total allowable catch for any stock has been increased during any fishing year under subsection (6) of this section, the total allowable catch for that stock shall, at the close of that fishing year, revert to the total allowable catch that applied to that stock at the beginning of that fishing year; but this subsection does not prevent a variation under subsection (3) of this section of the total allowable catch that applied at the beginning of that fishing year.

  (8) The Governor-General may from time to time, by Order in Council,—

  • (a) Omit the name of any stock from Schedule 3 to this Act:

  • (b) Add to that Schedule the name of any stock if—

    • (i) It is not possible, because of the biological characteristics of the species, to estimate maximum sustainable yield; or

    • (ii) A national allocation for New Zealand has been determined as part of an international agreement; or

    • (iii) The stock is managed on a rotational or enhanced basis; or.

    • (iv) the stock comprises 1 or more highly migratory species.

  Subsection (8)(b)(ii) was amended, as from 1 October 2004, by section 4(1) Fisheries Amendment Act (No 3) 2004 (2004 No 76) by substituting the words “national allocation” for the words “catch limit”. See section 67 of that Act as to the retention of individual catch entitlement provisions for certain seaweeds.

  Subsection (8)(b)(iii) was amended, as from 1 October 2004, by section 4(2) Fisheries Amendment Act (No 3) 2004 (2004 No 76) by adding the expression “; or”. See section 67 of that Act as to the retention of individual catch entitlement provisions for certain seaweeds.

  Subsection (8)(b)(iv) was inserted, as from 1 October 2004, by section 4(2) Fisheries Amendment Act (No 3) 2004 (2004 No 76). See section 67 of that Act as to the retention of individual catch entitlement provisions for certain seaweeds.

14A Alternative total allowable catch for stocks specified by Order in Council

• (1) The Governor-General may from time to time, by Order in Council made on the recommendation of the Minister with the concurrence of the Minister responsible for the administration of the Environment Act 1986, apply section 14B to the quota management stock or stocks specified in the order.

  (2) No recommendation relating to any stock may be made under subsection (1) unless quota owners (proposers) who hold in the aggregate at least 95 000 000 quota shares in that stock propose to the Minister that he or she recommend the making of an Order in Council under subsection (1).

  (3) A proposal made under subsection (2) must—

  • (a) Specify the concerns (if any) of the quota owners who do not support the proposal; and

  • (b) Specify what arrangements are in place to address those concerns; and

  • (c) Address the matters specified in subsection (4).

  (4) In considering making a recommendation under subsection (1), the Minister must have regard to the following:

  • (a) The need to commission appropriate research to assess the impact of the order on the stock; and

  • (b) The need to implement measures to improve the quality of information about the stock; and

  • (c) Whether it is appropriate to close areas to commercial fishing to reduce any sustainability risk to that stock; and

  • (d) The need to avoid any significant adverse effects on the aquatic environment of which the stock is a component.

  (5) No recommendation may be made under subsection (1) in relation to a proposal made under subsection (2) unless the Minister is satisfied that—

  • (a) The stock is taken primarily as an incidental catch during the taking of 1 or more other stocks and is only a small proportion of the combined catch of the stock and other stock or stocks; and

  • (b) The total benefits of managing the stock at a level other than that permitted under section 13 out weigh the total costs; and

  • (c) Managing the stock at a level other than that permitted under section 13 will have no detrimental effects on non-commercial fishing interests in that stock; and

  • (d) The stock is able to be maintained above a level that ensures its long-term viability; and

  • (e) The purpose of the Act would be better achieved by setting a total allowable catch otherwise than in accordance with section 13.

  Sections 14A, 14B and 14C were inserted, as from 9 September 1999, by section 8 Fisheries Act 1996 Amendment Act 1999 (1999 No 101).

14B Alternative total allowable catch for certain stocks

• (1) Despite section 13, in the case of any quota management stock to which this section applies, the Minister must, by notice in the Gazette, set a total allowable catch for that stock in accordance with this section.

  (2) Subject to subsection (3), the Minister must set a total allowable catch under subsection (1) that is no greater than a level that will allow the taking of another stock or stocks in accordance with the total allowable catch and the total allowable commercial catch set for that other stock or stocks.

  (3) The Minister must set a total allowable catch that maintains the stock above a level that ensures its long-term viability.

  (4) When setting a total allowable catch under subsection (1), the Minister must be satisfied that quota owners have taken, and will continue to take, all reasonable steps (including, but not limited to, modifying fishing methods, fishing areas, and times of fishing) to minimise take of the stock.

  (5) Every total allowable catch set under subsection (1) for any stock continues to apply in each fishing year for the stock unless varied under subsection (6).

  (6) The Minister may from time to time, by notice in the Gazette, vary any total allowable catch set under subsection (1) for any stock by increasing or reducing the total allowable catch.

  (7) Without limiting subsection (1) or subsection (6), the Minister may set or vary any total allowable catch at, or to, zero.

  (8) The setting or variation of a total allowable catch under this section has effect on and from the first day of the next fishing year for the stock concerned.

  Sections 14A, 14B and 14C were inserted, as from 9 September 1999, by section 8 Fisheries Act 1996 Amendment Act 1999 (1999 No 101).

14C Stock may be declared no longer subject to section 14B

• (1) The Governor-General may from time to time, by Order in Council made on the recommendation of the Minister, declare that section 14B no longer applies to the stock specified in the order.

  (2) If an order under subsection (1) is made in respect of any stock, the total allowable catch for the stock must be set under section 13 or section 14, as the case may require.

  Sections 14A, 14B and 14C were inserted, as from 9 September 1999, by section 8 Fisheries Act 1996 Amendment Act 1999 (1999 No 101).

15 Fishing-related mortality of marine mammals or other wildlife

• (1) If a population management plan has been approved under section 14F of the Wildlife Act 1953 or section 3E of the Marine Mammals Protection Act 1978, the Minister—

  • (a) Shall take all reasonable steps to ensure that the maximum allowable fishing-related mortality level set by the relevant population management plan is not exceeded:

  • (b) May take such other measures as he or she considers necessary to further avoid, remedy, or mitigate any adverse effects of fishing on the relevant protected species.

  (2) In the absence of a population management plan, the Minister may, after consultation with the Minister of Conservation, take such measures as he or she considers are necessary to avoid, remedy, or mitigate the effect of fishing-related mortality on any protected species, and such measures may include setting a limit on fishing-related mortality.

  (3) The Minister may require, or authorise the chief executive to require, any person or class of persons listed in section 189 of this Act to give to the Minister or the chief executive such information relating to fishing-related mortality as the Minister or chief executive, as the case may be, considers necessary, and may require, or authorise the chief executive to require, such information to be given in the approved manner and form.

  (4) The Minister may recommend the making of such regulations under section 298 of this Act as the Minister considers necessary or expedient for the purpose of implementing any measures referred to in subsection (1) or subsection (2) or subsection (3) of this section.

  (5) The Minister may, by notice in the Gazette, prohibit all or any fishing or fishing methods in an area either—

  • (a) Under subsection (1)(a) of this section, for the purpose of ensuring the maximum allowable fishing-related mortality level set by the relevant population management plan is not exceeded; or

  • (b) Under subsection (2) of this section, for the purpose of ensuring that any limit on fishing-related mortality is not exceeded.

  (6) Every person commits an offence and is liable to the penalty set out in section 252(5) of this Act who fails to comply with any notice given under subsection (5) of this section.

16 Emergency measures

• (1) If satisfied that there is or has been—

  • (a) An outbreak of disease; or

  • (b) A serious decline in the abundance or reproductive potential of one or more stocks or species; or

  • (c) A significant adverse change in the aquatic environment,—

  the Minister may, by notice in the Gazette, impose such emergency measures in respect of any stocks or areas affected, or both, as the Minister considers necessary or expedient in the circumstances.

  (2) Before giving notice under subsection (1) of this section, the Minister shall, to the extent reasonably practicable in the circumstances, consult such persons or organisations as the Minister considers are representative of the classes of persons having an interest in the stock or area affected, including Maori, environmental, commercial, and recreational interests.

  (3) An emergency measure under this section may be in force for a period not exceeding 3 months and, after consultation by the Minister with such persons or organisations as the Minister considers are representative of those classes of persons having an interest in any stock or area affected, including Maori, environmental, commercial, and recreational interests, may be renewed once only for a further period not exceeding 9 months.

  (4) This section does not empower the Minister to reduce or cause to be reduced during the fishing year to which it relates any total allowable catch set under section 13 or section 14 of this Act.

  (5) The Minister shall ensure that all emergency measures imposed under this section are publicly notified.

  (6) Every person commits an offence and is liable to the penalty set out in section 252(5) of this Act who contravenes any emergency measure imposed under this section.

  (7) For the purposes of this section, the term emergency measures means one or more of the following:

  • (a) Closing any area by prohibiting the harvesting of all or any fish, aquatic life, or seaweed in that area:

  • (b) Restricting the methods that may be used to take any fish, aquatic life, or seaweed in any area:

  • (c) Restricting the taking of any fish, aquatic life, or seaweed in any area by reference to the size, sex, or biological state of that fish, aquatic life, or seaweed and, for that purpose, setting or altering limits in respect of the size, sex, or biological state of any fish, aquatic life, or seaweed:

  • (d) Setting or altering the fishing season for any stock in any area:

  • (e) Imposing reporting requirements for any stock, area, or fishing method that are additional to reporting requirements for the time being in force under any other provision of this Act:

  • (f) Requiring the disposal of any fish, aquatic life, or seaweed in a specified manner.

  Compare: 1983 No 14 ss 65, 85; 1986 No 34 s 13

17 Application of Part generally

• (1) This Part applies to every stock made subject to the quota management system by—

  • (a) a declaration by the Minister by notice under section 18 (whether made before or after the commencement of section 5 of the Fisheries Amendment Act (No 3) 2004); or

  • (b) any provision of this Act or any other Act.

  (2) This Part does not apply to fishing authorised by a foreign fishing licence issued under Part 5.

  (3) For the purposes of subsection (1) and this Part, every species or class of fish, aquatic life or seaweed that was, immediately before the commencement of this Part, subject to Part 2A of the Fisheries Act 1983 is deemed to have been declared by the Minister by notice under section 18 to be subject to the quota management system.

  Section 17 was substituted, as from 1 October 2004, by section 5 Fisheries Amendment Act (No 3) 2004 (2004 No 76). See section 67 of that Act as to the retention of individual catch entitlement provisions for certain seaweeds.

17A Highly migratory species taken outside New Zealand fisheries waters

• (1) This section applies in relation to any stock of a highly migratory species (the relevant stock) that—

  • (a) is subject to the quota management system in any area outside New Zealand fisheries waters; and

  • (b) is taken in that area by an operator who is a New Zealand national using a New Zealand ship outside New Zealand fisheries waters.

  (2) Except as otherwise expressly provided in subsection (3) or elsewhere in this Part, this Part applies in relation to any relevant stock as if the area outside New Zealand fisheries waters in which it was taken were in fact within New Zealand fisheries waters.

  (3) This section does not apply to fish taken from a relevant stock if the commercial fisher concerned can prove to the satisfaction of the chief executive that the amount of fish concerned was taken under the authority of, and, where national allocations for the species exist, against the national allocation of, another state that has agreed to comply with all international fisheries organisation management measures for the species concerned to which New Zealand has agreed.

  (4) In any case where New Zealand law conflicts with the laws of a state in whose jurisdiction any relevant stock was taken, the laws of that other state prevail over New Zealand law.

  (5) Subsection (4) does not abrogate the obligations of the commercial fisher under this Part and Part 10.

  Section 17A was inserted, as from 1 October 2004, by section 5 Fisheries Amendment Act (No 3) 2004 (2004 No 76). See section 67 of that Act as to the retention of individual catch entitlement provisions for certain seaweeds.

17B Determination that stock or species be subject to quota management system

• (1) The Minister must make a determination under subsection (2) if satisfied that the current management of a stock or species—

  • (a) is not ensuring the sustainability of the stock or species; or

  • (b) is not providing for the utilisation of the stock or species.

  (2) The Minister must determine to make the stock or species concerned subject to the quota management system, unless he or she determines that the purpose of this Act would be better met by setting one or more sustainability measures under section 11 (other than a total allowable catch set under section 13 or section 14).

  (3) Before determining whether the criteria in subsection (1)(a) or (b) have been satisfied, and before making a determination under subsection (2) the Minister must consult those persons or organisations considered by the Minister to be representative of the classes of persons who have an interest in the relevant determination.

  (4) As soon as practicable after making a determination under subsection (2), the Minister must give his or her reasons for the determination in writing to any persons or organisations consulted under subsection (3).

  (5) In the case of a stock or species listed in Schedule 4C,—

  • (a) the Minister may make a determination under subsection (2), regardless of whether or not the Minister is satisfied of the matters specified in subsection (1); and

  • (b) if the Minister determines not to make the stock or species concerned subject to the quota management system,—

    • (i) the Minister must notify that fact in the Gazette ; and

    • (ii) the moratorium on the issue of fishing permits for that stock or species under section 93 ceases to apply with effect on and from the first day of the fishing year for that stock or species that follows the date of that notification; and

    • (iii) the stock or species concerned must be removed from Schedule 4C from the first day of that fishing year following the date of the notification, and the notice must amend Schedule 4C (including any appropriate consequential amendments) accordingly.

  (6) Despite subsection (2), the Minister may not determine under that subsection to make subject to the quota management system any stock of highly migratory species outside New Zealand fisheries waters except to give effect to—

  • (a) a national allocation to New Zealand by an international fisheries organisation in relation to that stock; or

  • (b) any other management measures to which New Zealand has agreed, made by an international fisheries organisation in relation to that stock.

  (7) The Minister must consult the Minister of Conservation before making a determination under this section in respect of any stock or species that is both—

  • (a) listed in Schedule 4C; and

  • (b) listed in any of the appendices to the Convention on International Trade in Endangered Species of Wild Flora and Fauna.

  Section 17B was inserted, as from 1 October 2004, by section 5 Fisheries Amendment Act (No 3) 2004 (2004 No 76). See section 67 of that Act as to the retention of individual catch entitlement provisions for certain seaweeds.

  Section 17B(5)(b)(ii): substituted, on 27 March 2008, by section 4 of the Fisheries Amendment Act 2008 (2008 No 11).

  Section 17B(5)(b)(iii): substituted, on 27 March 2008, by section 4 of the Fisheries Amendment Act 2008 (2008 No 11).

18 Declaration that new stock subject to quota management system

• If the Minister determines under section 17B to make a stock subject to the quota management system, the Minister must, by notice in the Gazette, declare the stock to be subject to the quota management system on and from the first day of the fishing year stated in the notice.

  Section 18 was substituted, as from 1 October 2004, by section 5 Fisheries Amendment Act (No 3) 2004 (2004 No 76). See section 67 of that Act as to the retention of individual catch entitlement provisions for certain seaweeds.

19 Matters to be included in notice under section 18

• (1) Any notice given under section 18 of this Act shall—

  • (a) Define the quota management area to which the notice relates by reference to an area or areas defined in Schedule 1 to this Act or in any other manner:

  • (b) State the fishing year in respect of the stock, which year shall be a 12-month period commencing on either the 1st day of April or the 1st day of October:

  • (c) State whether, for the stock concerned, the total allowable commercial catch is, and annual catch entitlements are, to be expressed in meatweight or greenweight:

  • (d) Make provision for such other matters as may be contemplated by this Act.

  (2) In defining the quota management area, the Minister shall, as far as practicable, maintain the same quota management areas for different species.

  (2A) In the case of a stock or species listed in Schedule 4C, the notice must amend that schedule by removing the stock or species concerned (and may make any amendments consequential on that removal) with effect on and from the date on which the stock becomes subject to the quota management system.

  (3) If the Minister is satisfied that any species in the waters around the Chatham Islands can, for fisheries management purposes, be managed effectively as a unit, a notice under section 18 of this Act may create around the Chatham Islands a separate quota management area for that species.

  (4) Subject to subsections (5), (5A), and (6),—

  • (a) No declaration made under section 18 of this Act shall be revoked; and

  • (b) No species or class of fish, aquatic life, or seaweed that was immediately before the commencement of this Part of this Act, subject to Part 2A of the Fisheries Act 1983, may be removed from the quota management system; and

  • (c) No quota management area shall be altered—

  except by Act of Parliament.

  (5) Subsection (4) of this section does not prevent—

  • (a) The Minister varying, by notice in the Gazette, any date set under section 18 of this Act, if the variation is published before that date; or

  • (b) Any alteration under section 25 of this Act; or

  • (c) Any amendment to a notice under section 18 of this Act that involves a minor or technical correction only.

  (5A) Without limiting subsection (5)(c), the Minister may amend a declaration under section 18 at any time before the allocation of provisional catch history under section 36, if the declaration was made on the basis of incorrect or misleading information, or as a result of a mistake.

  (6) A provision in a regulation made under this Act, or in a notice given under section 15 or section 16 or a regulation made under section 186(2)(b) of this Act, shall not be construed as altering a quota management area merely because it prohibits, limits, or restricts fishing in the quota management area.

  (7) Before making a declaration under section 18 or amending a declaration under subsection (5A), the Minister must consult the persons or organisations considered by the Minister to be representative of those classes of persons having an interest in the matters referred to in subsection (1).

  (8) [Repealed]

  Compare: 1983 No 14 s 28B(1), (3), (5), (6); 1986 No 34 s 10

  Subsection (2A) was inserted, as from 1 October 2004, by section 6(1) Fisheries Amendment Act (No 3) 2004 (2004 No 76). See section 67 of that Act as to the retention of individual catch entitlement provisions for certain seaweeds.

  Subsection (3) was amended, as from 1 May 2001, by section 9(1) Fisheries Act 1996 Amendment Act 1999 (1999 No 101) by substituting the words “any species” for the words “separate populations of any species that occur”. See clause 3(1)(a) Fisheries Act Commencement Order 2001 (SR 2001/38).

  Subsection (4) was amended, as from 1 May 2001, by section 9(2) Fisheries Act 1996 Amendment Act 1999 (1999 No 101) by substituting the words “subsections (5), (5A), and (6)” for the words “subsections (5) and (6) of this section”. See clause 3(1)(a) Fisheries Act Commencement Order 2001 (SR 2001/38).

  Subsection (5)(b) was amended, as from 1 May 2001, by section 9(3) Fisheries Act 1996 Amendment Act 1999 (1999 No 101) by omitting the words “of a quota management area”. See clause 3(1)(a) Fisheries Act Commencement Order 2001 (SR 2001/38).

  Subsection (5A) was inserted, as from 1 May 2001, by section 9(4) Fisheries Act 1996 Amendment Act 1999 (1999 No 101). See clause 3(1)(a) Fisheries Act Commencement Order 2001 (SR 2001/38).

  Section 19(5A): amended, on 27 March 2008, by section 5 of the Fisheries Amendment Act 2008 (2008 No 11).

  Subsection (7) was substituted, as from 1 May 2001, by section 9(5) Fisheries Act 1996 Amendment Act 1999 (1999 No 101). See clause 3(1)(a) Fisheries Act Commencement Order 2001 (SR 2001/38).

  Subsection (8) was inserted, as from 1 May 2001, by section 9(5) Fisheries Act 1996 Amendment Act 1999 (1999 No 101). See clause 3(1)(a) Fisheries Act Commencement Order 2001 (SR 2001/38).

  Subsection (8) was repealed, as from 1 October 2004, by section 6(2) Fisheries Amendment Act (No 3) 2004 (2004 No 76). See section 67 of that Act as to the retention of individual catch entitlement provisions for certain seaweeds.

20 Setting and variation of total allowable commercial catch

• (1) Subject to this section, the Minister shall, by notice in the Gazette, set in respect of the quota management area relating to each quota management stock a total allowable commercial catch for that stock, and that total allowable commercial catch shall continue to apply in each fishing year for that stock unless varied under this section, or until an alteration of the quota management area for that stock takes effect in accordance with sections 25 and 26.

  (2) The Minister may from time to time, by notice in the Gazette, vary any total allowable commercial catch set for any quota management stock by increasing or reducing that total allowable commercial catch.

  (3) Without limiting the generality of subsections (1) and (2) of this section, the Minister may set or vary a total allowable commercial catch at, or to, zero.

  (4) Every total allowable commercial catch set or varied under this section shall have effect on and from the first day of the next fishing year for the quota management stock concerned.

  (5) A total allowable commercial catch for any quota management stock shall not—

  • (a) Be set unless the total allowable catch for that stock has been set under section 13 or section 14 of this Act; or

  • (b) Be greater than the total allowable catch set for that stock.

  Compare: 1983 No 14 ss 28C; 1990 No 29 s 5(1)

  Subsection (1) was amended, as from 1 October 2001, by section 5 Fisheries (Remedial Issues) Amendment Act 1998 (1998 No 67) by inserting the words “, or until an alteration of the quota management area for that stock takes effect in accordance with sections 25 and 26”.

21 Matters to be taken into account in setting or varying any total allowable commercial catch

• (1) In setting or varying any total allowable commercial catch for any quota management stock, the Minister shall have regard to the total allowable catch for that stock and shall allow for—

  • (a) The following non-commercial fishing interests in that stock, namely-

    • (i) Maori customary non-commercial fishing interests; and

    • (ii) Recreational interests; and

  • (b) All other mortality to that stock caused by fishing.

  (2) Before setting or varying a total allowable commercial catch for any quota management stock, the Minister shall consult such persons and organisations as the Minister considers are representative of those classes of persons having an interest in this section, including Maori, environmental, commercial, and recreational interests.

  (3) After setting or varying any total allowable commercial catch under section 20 of this Act, the Minister shall, as soon as practicable, give to the parties consulted under subsection (2) of this section reasons in writing for his or her decision.

  (4) When allowing for Maori customary non-commercial interests under subsection (1), the Minister must take into account—

  • (a) Any mataitai reserve in the relevant quota management area that is declared by the Minister by notice in the Gazette under regulations made for the purpose under section 186:

  • (b) Any area closure or any fishing method restriction or prohibition in the relevant quota management area that is imposed by the Minister by notice in the Gazette made under section 186A.

  (5) When allowing for recreational interests under subsection (1) of this section, the Minister shall take into account any regulations that prohibit or restrict fishing in any area for which regulations have been made following a recommendation made by the Minister under section 311 of this Act.

  Compare: 1983 No 14 ss 28C, 28OB(1), (2); 1990 No 29 ss 5(1), 15

  Subsection (4) was substituted, as from 1 October 2001, by section 6 Fisheries (Remedial Issues) Amendment Act 1998 (1998 No 67).

22 Effect of reduction of total allowable commercial catch

• (1) If the Crown owns any unencumbered quota shares for a stock as at the date the total allowable commercial catch for that stock is reduced under section 20 of this Act, the chief executive shall transfer to every quota owner at the time the reduction takes effect, in the form in which that quota is held by that person, a number of quota shares calculated in accordance with the following formula:

  a ÷ (100,000,000 - b) × c = d

  where—

  • a is the number of quota shares for the stock held by the person immediately before the reduction in the total allowable commercial catch for the stock takes effect; and

  • b is the number of unencumbered quota shares for the stock owned by the Crown immediately before the reduction in the total allowable commercial catch for the stock takes effect; and

  • c is the lesser of—

    • (a) The number of unencumbered quota shares for the stock owned by the Crown immediately before the reduction in the total allowable commercial catch for the stock takes effect:

    • (b) The number of quota shares for the stock the quota weight equivalent of which is equivalent to the amount of the reduction in the total allowable commercial catch for the stock; and

  • d is the number of quota shares to be transferred to the quota owner under this section.

  (2) If there has been a reduction in the total allowable commercial catch for any stock but the Crown does not hold any unencumbered quota shares for that stock as at the date the reduction takes effect, no deductions or transfers of quota shall be made under this section.

  (3) The chief executive shall, as soon as practicable after the reduction takes effect, notify every quota owner affected by a reduction in the total allowable commercial catch for any stock of—

  • (a) The reduced total allowable commercial catch; and

  • (b) Any consequential change in the number of the quota shares for that stock that are owned by that person; and

  • (c) The quota weight equivalent of 1 quota share of the reduced total allowable commercial catch.

  (4) The chief executive shall, as soon as practicable after any reduction in the total allowable commercial catch for any stock takes effect, notify the Registrar of Quota for any stock of any quota transfer necessary to give effect to the reduction.

  (5) For the purposes of subsection (1) of this section, the Crown is a quota owner except in relation to its unencumbered quota.

  Compare: 1983 No 14 s 28OD; 1990 No 29 s 15

  Subsection (1) item c paragraph (b) was amended, as from 1 October 2001, by section 4 Fisheries (Remedial Issues) Amendment Act 2001 (2001 No 33) by omitting the words “unencumbered” and “owned by the Crown”.

23 Effect of increase in total allowable commercial catch

• (1) If the total allowable commercial catch for any stock has been increased under section 20 of this Act and any person (in this section called an eligible person) holds preferential allocation rights for that stock, the chief executive shall deduct from every person owning quota for that stock as at the date the increase takes effect the number of quota shares calculated in accordance with the following formula:

  

  b a X (1 - ——————) = d b + c

  where—

  • a is the number of quota shares for the stock owned by any person immediately before the increase in the total allowable commercial catch takes effect; and

  • b is the total allowable commercial catch for the stock (in kilogrammes) applying immediately before the increase takes effect; and

  • c is the lesser of—

    • (a) The amount of the increase in the total allowable commercial catch for the stock (in kilogrammes):

    • (b) The total of all preferential allocation rights for the stock (in kilogrammes); and

  • d is the number of quota shares to be deducted from each person's holdings and transferred to the Crown in accordance with this section.

  (2) Immediately after deducting quota shares under subsection (1) of this section, the chief executive shall transfer to each eligible person a number of quota shares which shall be calculated in accordance with the following formula:

  

  a 100,000,000 — X c X ———————————— = e b (d + c)

  where—

  • a is the eligible person's current preferential allocation rights for the stock (in kilogrammes); and

  • b is the total of all preferential allocation rights for the stock (in kilogrammes); and

  • c is the lesser of—

    • (a) The amount of the increase in the total allowable commercial catch for the stock (in kilogrammes):

    • (b) The total of all preferential allocation rights for the stock (in kilogrammes); and

  • d is the total allowable commercial catch for the stock (in kilogrammes) applying immediately before the increase takes effect; and

  • e is the number of quota shares to be transferred from the Crown to the eligible person in accordance with this section.

  (3) Every person who was, immediately before the commencement of this section, entitled to quota under section 28OE(1)(a) of the Fisheries Act 1983 is entitled to a preferential allocation right equivalent to the amount (in kilogrammes) of the reduction in that person's provisional maximum individual transferable quota for the stock under section 28N of that Act less the amount (in kilogrammes) of any quota allocated to that person under section 28OE(1)(a) of that Act, but that preferential allocation right (which entitles the holder to receive quota shares under subsection (2) of this section)—

  • (a) Shall have effect only while that person continues to be registered on the Quota Register as the owner of shares for that stock, and those shares have been continuously owned by that person since the commencement of this section; and

  • (b) Is personal to the eligible person who holds the right and is not transferable in any circumstances.

  (4) The amount of an eligible person's preferential allocation right must be reduced in accordance with the following formula:

  

  where—

  • a is the eligible person's current preferential allocation right for the stock (in kilogrammes)

  • b is the total of all preferential allocation rights for the stock (in kilogrammes)

  • c is the lesser of—

    • (a) the amount of the increase in the total allowable commercial catch for the stock (in kilogrammes):

    • (b) the total of all preferential allocation rights for the stock (in kilogrammes)

  • d is the amount of the reduction in the eligible person's preferential allocation right (in kilogrammes).

  (4A) An eligible person's preferential allocation right expires if the amount of that right equals zero.

  (4B) An eligible person is not entitled to receive, in the aggregate under subsection (2), quota shares whose quota weight equivalent (calculated at the time of transfer of the relevant shares to the eligible person) exceeds the amount of preferential allocation right held by that person on the commencement of this section or on the date of allocation of quota to that person under section 337, as the case may be.

  (5) If the total allowable commercial catch for any stock is increased but there are no eligible persons in relation to that stock, no deductions or transfers of quota shall be made under this section.

  (6) The chief executive shall, as soon as practicable after any increase in the total allowable commercial catch for any stock takes effect, cause every quota owner affected by the increase to be notified of—

  • (a) The increased total allowable commercial catch; and

  • (b) Any consequential change in the number of the quota shares for that stock owned by that person; and

  • (c) The quota weight equivalent of 1 quota share of the increased total allowable commercial catch.

  (7) The chief executive shall, as soon as practicable after any reduction in a person's preferential allocation right takes effect, notify the Registrar of Quota for any stock of any quota transfer necessary to give effect to the reduction.

  Compare: 1983 No 14 s 28OE(1)(a), (5); 1990 No 29 s 15

  Subsection (3)(a) was amended, as from 1 October 2001, by section 5(1) Fisheries (Remedial Issues) Amendment Act 2001 (2001 No 33) by substituting the words “be registered on the Quota Register as the owner of shares for that stock, and those shares have been continuously owned” for the words “hold shares for that stock, which shares have been continuously held”.

  Subsection (4) was substituted, and subsections (4A) and (4B) were inserted, as from 1 October 2001, by section 5(2) Fisheries (Remedial Issues) Amendment Act 2001 (2001 No 33).

24 Quota management areas

• (1) There shall be a quota management area for every stock to which this Part of this Act applies.

  (2) Subject to section 25 of this Act, the quota management area for any stock is,—

  • (a) In the case of any stock declared by notice under section 18 of this Act to be subject to the quota management system, the quota management area defined for that stock by that notice:

  • (b) In the case of any species or class of fish, aquatic life, or seaweed that, immediately before the date of commencement of this section, was subject to Part 2A of the Fisheries Act 1983, the quota management area in force for that stock immediately before that date.

  Compare: 1983 No 14 s 28B(3), (4); 1986 No 34 s 10

25 Alteration of quota management areas

• (1) The Governor-General may from time to time, by Order in Council made on the recommendation of the Minister,—

  • (a) Alter a quota management area or quota management areas—

    • (i) By dividing an area into smaller quota management areas; or

    • (ii) By amalgamating a quota management area (or defined area or areas within a quota management area) with any adjoining quota management areas (or defined area or areas within any adjoining quota management area); or

    • (iii) By dividing a multi-species stock into 2 or more stocks; or

    • (iv) By amalgamating 2 or more quota management stocks; or

    • (v) By doing any combination of those things:

  • (b) In relation to quota for squid in a quota management area being altered under this section, remove any method restriction applying to that quota:

  • (c) Amend Schedule 1 by adding a description of any new quota management area or quota management areas created as a result of an alteration under paragraph (a).

  (2) The Minister may make a recommendation under subsection (1) if—

  • (a) The Minister complies with section 25A and quota owners who hold in the aggregate not fewer than 75 000 000 quota shares for any stock that would be affected by the proposed alteration have requested the Minister to make such a recommendation; or

  • (b) The Minister complies with section 25B, in which case a request specified in paragraph (a) is not required.

  (3) Before recommending the alteration of any quota management area under subsection (1), the Minister must—

  • (a) Have regard to—

    • (i) Non-commercial fishing interests in the affected area; and

    • (ii) The biological characteristics of each stock that would be affected by the recommendation; and

    • (iii) Such other matters as the Minister considers relevant; and

  • (b) Consult the persons and organisations considered by the Minister to be representative of those classes of persons having an interest in the relevant quota management area, including Maori, recreational, commercial and environmental interests; and

  • (c) Provide for the input and participation of tangata whenua who have—

    • (i) A non-commercial interest in the stock or stocks concerned; or

    • (ii) An interest in the effects of fishing on the aquatic environment in the area or areas concerned; and

  • (d) For the purpose of paragraph (c), have particular regard to Kaitiakitanga.

  (4) The Minister's recommendation under subsection (1) must reflect what is in the quota owners' agreement referred to in section 25A, or in the plan referred to in section 25B, as the case may be.

  (5) Every Order in Council made under subsection (1)—

  • (a) Comes into force on the commencement of the first day of the fishing year to which it relates; and

  • (b) Must be made no fewer than 90 days before it comes into force.

  (6) When an Order in Council is made under subsection (1), the chief executive must ensure that—

  • (a) A memorial is recorded in the appropriate register against all quota for any stock affected by the alteration; and

  • (b) The memorial is to the effect that the stock will be affected by the alteration.

  Subsection (3)(d) was amended, as from 1 October 2001, by section 7 Fisheries (Remedial Issues) Amendment Act 1998 (1998 No 67), by inserting the words “; and”.

  Subsection (3)(e) was inserted, as from 1 October 2001, by section 7 Fisheries (Remedial Issues) Amendment Act 1998 (1998 No 67).

  Section 25 was substituted, as from 1 October 2001, by section 10 Fisheries Act 1996 Amendment Act 1999 (1999 No 101). See clause 3(2) Fisheries Act Commencement Order (No 2) 2001 (SR 2001/179).

25A Alteration of quota management areas with agreement of quota owners

• (1) The Minister may not recommend the alteration of any quota management area under section 25(1) in response to a request referred to in section 25(2)(a) unless the Minister is satisfied that—

  • (a) The purpose of this Act would be achieved better by altering the quota management area or areas; and

  • (b) The alteration would not unduly prejudice any quota owner who—

    • (i) Owns quota shares for the stock or stocks in the quota management area or areas concerned; and

    • (ii) Is opposed to the alteration; and

  • (c) An agreement that, in the Minister's opinion, satisfactorily addresses the matters set out in subsection (2) has been executed (either as an original or in counterparts) by the quota owners who hold in the aggregate not fewer than 75 000 000 quota shares for each of the stock or stocks for the area or areas being altered; and

  • (d) The quota owners have publicly notified their intention to seek an alteration of the quota management area or areas; and

  • (e) the quota owners have also notified their intention to seek an alteration to—

    • (i) persons who are noted on the Quota Register as having an interest in the quota to which the proposed alteration relates; and

    • (ii) parties to leases or transfers registered on the Transitional Register in respect of quota to which the proposed alteration relates.

  (2) The agreement must provide for all of the following matters:

  • (a) The boundaries of the proposed quota management area or quota management areas:

  • (b) The species that comprise the stock or stocks after the proposed alteration:

  • (c) The manner in which quota shares are to be apportioned after the alteration:

  • (d) the interests of aggrieved—

    • (i) quota owners who hold quota shares to which the proposed alteration relates; and

    • (ii) parties to leases or transfers registered on the Transitional Register in respect of quota to which the proposed alteration relates:

  • (e) In the case of any alteration to a quota management area or quota management areas for squid, whether any method restriction applying to squid quota should be removed:

  • (f) Any other matter required by the Minister to be addressed.

  (3) The agreement must include provisions to resolve any grievance of a quota owner who holds quota shares in any area affected by the proposed alteration only if required by the Minister.

  Sections 25A and 25B were inserted, as from 1 October 2001, by section 10 Fisheries Act 1996 Amendment Act 1999 (1999 No 101). See clause 3(2) Fisheries Act Commencement Order (No 2) 2001 (SR 2001/179).

  Subsection (1)(e) was substituted, as from 1 October 2001, by section 6(1) Fisheries (Remedial Issues) Amendment Act 2001 (2001 No 33).

  Subsection (2)(d) was substituted, as from 1 October 2001, by section 6(2) Fisheries (Remedial Issues) Amendment Act 2001 (2001 No 33).

25B Alteration of quota management areas without agreement of quota owners

• The Minister may recommend the alteration of any quota management area under section 25(1) without receiving a request from quota owners in accordance with section 25(2)(a) if the Minister—

  • (a) Has approved a plan that provides for all of the following matters:

    • (i) The boundaries of the proposed quota management area or areas:

    • (ii) The species that comprise the stock or stocks after the alteration:

    • (iii) The manner in which quota shares are to be apportioned after the alteration:

    • (iv) In the case of any alteration to a quota management area or areas for squid, whether any method restriction applying to squid quota should be removed; and

  • (b) Is satisfied having considered alternative options, that the alteration as specified in the plan is necessary to ensure sustainability; and

  • (c) Has publicly notified his or her intention to recommend the alteration of the quota management area or areas; and

  • (d) has also notified his or her intention to recommend the alteration of the quota management area or areas to—

    • (i) persons who are noted on the Quota Register as having an interest in the quota to which the proposed alteration relates; and

    • (ii) parties to leases or transfers registered on the Transitional Register in respect of quota to which the proposed alteration relates.

  Sections 25A and 25B were inserted, as from 1 October 2001, by section 10 Fisheries Act 1996 Amendment Act 1999 (1999 No 101). See clause 3(2) Fisheries Act Commencement Order (No 2) 2001 (SR 2001/179).

  Paragraph (d) was substituted, as 1 October 2001, section 7 Fisheries (Remedial Issues) Amendment Act 2001 (2001 No 33).

26 Effect on quota if quota management area altered

• (1) This section applies if an order is made under section 25.

  (2) Subject to sections 43 and 52, the chief executive must allocate quota—

  • (a) In accordance with the agreement referred to in section 25A, or with the plan referred to in section 25B, as the case may be; and

  • (b) In the form in which the quota was held immediately before the alteration takes effect.

  (3) The chief executive must, as soon as practicable after the order is made, cause every quota owner affected by the alteration—

  • (a) To be notified of the number of quota shares (if any) allocated to that person for each new stock and of any other relevant matters; and

  • (b) To be given a schedule setting out the allocation of quota shares to all other quota owners for each new stock.

  (4) On the close of the last day of the fishing year before the fishing year in which the alteration takes effect, all existing quota affected by an alteration under section 25 is cancelled, but all rights, obligations, and liabilities (including liability to forfeiture) relating to the cancelled quota apply to the new quota.

  (5) All preferential allocation rights held under section 23 must be apportioned in the same manner as quota is allocated under subsection (2).

  (6) This section does not confer on Te Ohu Kai Moana Trustee Limited any entitlement to any further allocation quota under section 14 or under any other enactment.

  Subsection (2) was substituted, as from 1 October 2001, by section 8(1) Fisheries (Remedial Issues) Amendment Act 1998 (1998 No 67).

  Subsection (3)(b) was substituted, as from 1 October 2001, by section 8(2) Fisheries (Remedial Issues) Amendment Act 1998 (1998 No 67).

  Section 26 was substituted, as from 1 October 2001, by section 10 Fisheries Act 1996 Amendment Act 1999 (1999 No 101). See clause 3(2) Fisheries Act Commencement Order (No 2) 2001 (SR 2001/179).

  Subsection (6) was amended, as from 29 November 2004, by section 214 Maori Fisheries Act 2004 (2004 No 78) by substituting the words “Te Ohu Kai Moana Trustee Limited” for the words “the Commission”. See clause 3 Maori Fisheries (Appointed Day) Order 2004 (SR 2004/401).

27 Characteristics of individual transferable quota

• [Repealed]

  Sections 27 to 29 and the heading “Definition of Rights Relating to Quota” were repealed, as from 9 September 1999, by section 85(a) Fisheries Act 1996 Amendment Act 1999 (1999 No 101).

28 Characteristics of provisional individual transferable quota

• [Repealed]

  Sections 27 to 29 and the heading “Definition of Rights Relating to Quota” were repealed, as from 9 September 1999, by section 85(a) Fisheries Act 1996 Amendment Act 1999 (1999 No 101).

29 Characteristics of provisional catch history

• [Repealed]

  Sections 27 to 29 and the heading “Definition of Rights Relating to Quota” were repealed, as from 9 September 1999, by section 85(a) Fisheries Act 1996 Amendment Act 1999 (1999 No 101).

29A Basis for allocation of quota

• (1) Except as provided in this section, quota must be allocated in accordance with section 29B.

  (2) Quota for the following stocks must be allocated on the basis of provisional catch history:

  • (a) any stock or species listed in Schedule 4C, or any stock or species the subject of a Gazette notice under section 17B(5)(b), that is brought into the quota management system on or before 1 October 2009:

  • (b) any stock or species listed in Schedule 4D that is brought into the quota management system on or before 1 October 2009:

  • (c) tuna inside New Zealand fisheries waters:

  • (d) highly migratory species outside New Zealand fisheries waters.

  Sections 29A and 29B were inserted, as from 1 October 2004, by section 7 Fisheries Amendment Act (No 3) 2004 (2004 No 76). See section 67 of that Act as to the retention of individual catch entitlement provisions for certain seaweeds.

29B Allocation to Crown and Te Ohu Kai Moana Trustee Limited

• (1) After the Minister has declared a stock to be subject to the quota management system (other than a stock specified in section 29A(2)), the chief executive must—

  • (a) allocate 80 000 000 quota shares to the Crown; and

  • (b) in accordance with section 44, allocate 20 000 000 quota shares to the Te Ohu Kai Moana Trustee Limited.

  (2) The allocation takes effect on the first day of the fishing year in respect of which the stock becomes a quota management stock.

  Sections 29A and 29B were inserted, as from 1 October 2004, by section 7 Fisheries Amendment Act (No 3) 2004 (2004 No 76). See section 67 of that Act as to the retention of individual catch entitlement provisions for certain seaweeds.

  The heading to section 29B was amended, as from 29 November 2004, by section 214 Maori Fisheries Act 2004 (2004 No 78) by substituting the words “Te Ohu Kai Moana Trustee Limited” for the word “Commission”. See clause 3 Maori Fisheries (Appointed Day) Order 2004 (SR 2004/401).

  Subsection (1) was amended, as from 29 November 2004, by section 214 Maori Fisheries Act 2004 (2004 No 78) by substituting the words “Te Ohu Kai Moana Trustee Limited” for the word “Commission”. See clause 3 Maori Fisheries (Appointed Day) Order 2004 (SR 2004/401).

30 Provisional catch history to be mechanism for allocation of quota

• [Repealed]

  Section 30 was repealed, as from 1 October 2004, by section 8 Fisheries Amendment Act (No 3) 2004 (2004 No 76). See section 67 of that Act as to the retention of individual catch entitlement provisions for certain seaweeds.

  Subsection (2)(a) was amended, as from 29 November 2004, by section 214 Maori Fisheries Act 2004 (2004 No 78) by substituting the words “Te Ohu Kai Moana Trustee Limited” for the words “the Commission”. See clause 3 Maori Fisheries (Appointed Day) Order 2004 (SR 2004/401). However, this amendment would appear to be redundant as section 30 had already been repealed, as from 1 October 2004, see above.

31 Manner of calculating provisional catch history

• [Repealed]

  Section 31 was substituted, as from 9 September 1999, by section 11 Fisheries Act 1996 Amendment Act 1999 (1999 No 101).

  Section 31 was repealed, as from 1 October 2004, by section 9 Fisheries Amendment Act (No 3) 2004 (2004 No 76). See section 67 of that Act as to the retention of individual catch entitlement provisions for certain seaweeds.

  Subsection (2) was amended, as from 29 November 2004, by section 214 Maori Fisheries Act 2004 (2004 No 78) by substituting the words “Te Ohu Kai Moana Trustee Limited” for the words “the Commission” in both places they appear. See clause 3 Maori Fisheries (Appointed Day) Order 2004 (SR 2004/401). However, this amendment would appear to be redundant as section 31 had already been repealed, as from 1 October 2004, see above.

  Subsection (2) was amended, as from 29 November 2004, by section 214 Maori Fisheries Act 2004 (2004 No 78) by substituting the words “behalf of Te Ohu Kai Moana Trustee Limited” for the words “the Commission's behalf” in both places they appear. See clause 3 Maori Fisheries (Appointed Day) Order 2004 (SR 2004/401). However, this amendment would appear to be redundant as section 31 had already been repealed, as from 1 October 2004, see above.

32 Criteria of eligibility to receive provisional catch history for quota management stock

• (1) If a stock is declared by notice under section 18 of this Act to be subject to the quota management system a person is eligible to receive provisional catch history for the stock if the person—

  • (a) Either,—

    • (i) [Repealed]

    • (ii) Was issued a fishing permit under section 2(2) of the Fisheries Amendment Act 1994; or

    • (iii) in the case of any highly migratory species outside New Zealand fisheries waters or tuna inside New Zealand fisheries waters, at any time during any applicable qualifying year,—

      • (A) held a fishing permit or high seas fishing permit issued under section 63 of the Fisheries Act 1983 or under section 91 or section 113H of this Act that authorised the holder to take the stock; or

      • (B) in the judgment of the chief executive, held a valid authority to take the stock using a New Zealand ship in the national fisheries jurisdiction of a foreign country; or.

    • (iv) In any other case, held, at any time during any applicable qualifying year, a fishing permit issued under section 63 of the Fisheries Act 1983 for any species of fish, aquatic life, or seaweed; and

  • (b) in any case, is not an overseas person or, if an overseas person, either has obtained consent under the overseas investment fishing provisions to acquire provisional catch history or quota or is exempt from the requirement for that consent,—

  has provided the chief executive with eligible returns for the stock for the applicable qualifying year or qualifying years.

  (2) For the purposes of this Part, an eligible return—

  • (a) means a lawfully completed catch landing return or a catch, effort, and landing return as referred to in the Fisheries (Reporting) Regulations 2001 or the Fisheries (Reporting) Regulations 1990 that—

    • (i) in the case of any stock referred to in subparagraph (ii) or subparagraph (iii) of subsection (1)(a), was given to the chief executive on or before the 15th day after the close of each applicable qualifying year; or

    • (ii) in any other case, was given to the chief executive on or before 15 October 1994:

  • (b) includes, in relation to any highly migratory species, any lawfully completed return that—

    • (i) is of a kind required by or under section 113K, or recognised for the purposes of this section by regulations made under section 297(1)(ha); and

    • (ii) was given to the chief executive on or before the 15th day after the close of each applicable qualifying year, or on or before such later date as may be specified for the purpose by regulations made under section 297(1)(ha).

  Subsection (1) was amended, as from 1 October 2004, by section 10(1)(a) Fisheries Amendment Act (No 3) 2004 (2004 No 76) by omitting the words “but the stock was not, immediately before the date of the publication of the notice, controlled by means of individual catch entitlements,”. See section 67 of that Act as to the retention of individual catch entitlement provisions for certain seaweeds.

  Subsection (1)(a)(i) was repealed, as from 1 October 2004, by section 10(1)(b) Fisheries Amendment Act (No 3) 2004 (2004 No 76). See section 67 of that Act as to the retention of individual catch entitlement provisions for certain seaweeds.

  Subsection (1)(a)(iii) was substituted, as from 1 October 2004, by section 10(2) Fisheries Amendment Act (No 3) 2004 (2004 No 76). See section 67 of that Act as to the retention of individual catch entitlement provisions for certain seaweeds.

  Subsection (1)(b) was substituted, as from 25 August 2005, by section 75 Overseas Investment Act 2005 (2005 No 82). See sections 76 to 79 of that Act as to the transitional provisions. See clause 2 Overseas Investment Act Commencement Order 2005 (SR 2005/219).

  Subsection (2) was substituted, as from 1 October 2004, by section 10(3) Fisheries Amendment Act (No 3) 2004 (2004 No 76). See section 67 of that Act as to the retention of individual catch entitlement provisions for certain seaweeds.

32A Application of Part 4 to estate of deceased fishing permit holder

• (1) Subsections (2) and (3) apply for the purposes of this Part, in relation to any fishing permit other than a fishing permit to which section 63A of the Fisheries Act 1983 or section 93A of this Act relates, where the holder of the fishing permit has died.

  (2) The deceased's estate must be treated as the holder of the fishing permit for the purposes of this Part.

  (3) Where this Part requires that a person, at the date of publication of a notice under section 18, hold either a fishing permit that is current or (in the case of a controlled fishery) a controlled fishery licence, before eligibility for provisional catch history or quota can be determined or provisional catch history or quota allocated, it is sufficient if the deceased held a current fishing permit or licence (as the case may be) at the date of his or her death.

  (4) In this section, fishing permit includes a high seas fishing permit issued under section 113H.

  Sections 32A and 32B were inserted, as from 9 September 1999, by section 12 Fisheries Act 1996 Amendment Act 1999 (1999 No 101).

  Subsection (4) was inserted, as from 1 October 2004, by section 11 Fisheries Amendment Act (No 3) 2004 (2004 No 76). See section 67 of that Act as to the retention of individual catch entitlement provisions for certain seaweeds.

32B Expiry of section 32A

• [Repealed]

  Sections 32A and 32B were inserted, as from 9 September 1999, by section 12 Fisheries Act 1996 Amendment Act 1999 (1999 No 101).

  Section 32B was repealed, as from 1 October 2004, by section 12 Fisheries Amendment Act (No 3) 2004 (2004 No 76). See section 67 of that Act as to the retention of individual catch entitlement provisions for certain seaweeds.

33 Qualifying years