(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
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—
(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
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”
.
commercial fisher—
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—
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—
(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—
regardless of the scale, intensity, duration, or frequency of the effect; and also includes—
Encumbered, in relation to any quota, means the situation where the quota is—
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
farmed fish, in relation to a fish farmer, means fish, aquatic life, or seaweed—
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,—
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—
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
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
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—
(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.
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
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:
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).
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
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—
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 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).
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
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—
New Zealand fishing vessel means any fishing vessel registered under section 103 of this Act
New Zealand national means—
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).
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).
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,—
(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
Provisional catch history means the provisional catch history specified in section 34 or section 40 of this Act
Provisional individual transferable quota means—
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
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).
Sale—
(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—
(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
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 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
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).
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
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
tender means any vessel that—
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.
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:
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
Tuna means any fish of the genera Katsuwonus, Euthynnus, Thunnus, Allothunnus, or Gasterochisma
Unwanted aquatic life means—
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