Reprint as at 1 October 2014

Fisheries Act 1996

Public Act1996 No 88
Date of assent13 August 1996
Commencementsee section 1(2)–(3)

Note

Changes authorised by subpart 2 of Part 2 of the Legislation Act 2012 have been made in this official reprint.

Note 4 at the end of this reprint provides a list of the amendments incorporated.

Sections 56 to 57J are administered by the Overseas Investment Office, the rest of this Act is administered by the Ministry for Primary Industries.


Contents

Title

1 Short Title and commencement

Part 1
Preliminary provisions

2 Interpretation

3 Meaning of term associated person in relation to quota [Repealed]

3A Meaning of associated person in relation to issue of fishing permits [Repealed]

4 Meaning of terms overseas person, ordinarily resident in New Zealand, and nominee [Repealed]

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

6 Application of Resource Management Act 1991

7 Act to bind the Crown

Part 2
Purpose and principles

8 Purpose

9 Environmental principles

10 Information principles

Part 3
Sustainability measures

11 Sustainability measures

11A Fisheries plans

12 Consultation

13 Total allowable catch

14 Alternative total allowable catch for stock specified in Schedule 3

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

14B Alternative total allowable catch for certain stocks

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

15 Fishing-related mortality of marine mammals or other wildlife

16 Emergency measures

Part 4
Quota management system

Application of this Part

17 Application of Part generally

17A Highly migratory species taken outside New Zealand fisheries waters

Declaration of quota management system

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

18 Declaration that new stock subject to quota management system

19 Matters to be included in notice under section 18

20 Setting and variation of total allowable commercial catch

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

22 Effect of reduction of total allowable commercial catch

23 Effect of increase in total allowable commercial catch

Quota management areas

24 Quota management areas

25 Alteration of quota management areas

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

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

26 Effect on quota if quota management area altered

Definition of rights relating to quota

[Repealed]

27 Characteristics of individual transferable quota [Repealed]

28 Characteristics of provisional individual transferable quota [Repealed]

29 Characteristics of provisional catch history [Repealed]

Basis for allocation of quota

29A Basis for allocation of quota

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

Provisional catch history

30 Provisional catch history to be mechanism for allocation of quota [Repealed]

31 Manner of calculating provisional catch history [Repealed]

Calculation of provisional catch history if no individual catch entitlement

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

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

32B Expiry of section 32A [Repealed]

33 Qualifying years

34 Calculation of provisional catch history

35 Notification of eligibility to receive provisional catch history

35A Amendment of notification of eligibility to receive provisional catch history

36 Notification of allocation of provisional catch history

37 Transfer of provisional catch history

38 Disputes about transfer of provisional catch history [Repealed]

Allocation of provisional catch history based on individual catch entitlement

[Repealed]

39 Criteria of eligibility to receive provisional catch history for stock controlled by individual catch entitlement [Repealed]

40 Calculation of provisional catch history based on individual catch entitlement [Repealed]

41 Notification of eligibility to receive provisional catch history on basis of individual catch entitlement [Repealed]

Allocation of quota

42 Quota to be expressed in shares

43 Rounding of amounts or shares

44 Te Ohu Kai Moana Trustee Limited entitled to 20% of total new quota

45 Criteria of eligibility to receive quota

46 Withholding of quota for non-payment of cost recovery levies or deemed values

47 Allocation of quota on basis of provisional catch history

48 Notification of allocation of quota

49 Unallocated total allowable commercial catch to be held by Crown

49A Surrender of quota to Crown

50 Rights of Crown in relation to quota

Special provisions relating to allocation of quota for certain Schedule 4 stocks

[Repealed]

50A Notification of allocation of provisional catch history [Repealed]

50B Allocation of quota on basis of provisional catch history [Repealed]

50C Notification of allocation of quota [Repealed]

50D Quota holders may offer individual transferable quota to the Crown [Repealed]

50E Chief executive to determine whether more than 80 000 000 quota shares held by other quota owners [Repealed]

50F Crown acquisition of quota where more than 80 000 000 quota shares held by other quota owners [Repealed]

50G Compensation for reduction of quota [Repealed]

Appeals

51 Rights of appeal

52 Effect of decision to alter provisional catch history

53 Calculation of entitlement to quota following appeal

54 Allocation of quota if proceedings determined late in fishing year

55 Determination or order not to affect quota allocated to Te Ohu Kai Moana Trustee Limited

Overseas investment in and aggregation of quota

56 Purpose of overseas investment fishing provisions

57 Overview of overseas investment fishing provisions

57A Interpretation of overseas investment fishing provisions

57B Consent required for overseas investments in fishing quota

57C Consent must be obtained before overseas investment given effect

57D What are overseas investments in fishing quota

57E Approach to criteria for consent

57F Who are relevant overseas persons, and individuals with control, for overseas investments

57G Criteria for overseas investments in fishing quota

57H Factors for determining whether or not overseas investment in fishing quota is in national interest

57I Applying good character and Immigration Act 2009 criteria

57J Who administers overseas investment fishing provisions

57K No person in breach becomes entitled to provisional catch history

58 Interest in fishing quota that is overseas investment in fishing quota to be forfeit

58A Powers of court on application for declaration under section 58

58B Interest in fishing quota forfeited under section 58 or section 58A must be dealt with in accordance with section 62

59 Aggregation limits

60 Minister may consent to persons holding quota in excess of aggregation limits

61 Quota held in excess of aggregation limits to be forfeit

62 Provisions relating to forfeit property

Order of transactions

63 Order of transactions

64 Order of transactions on first day of new fishing year [Repealed]

Generation of annual catch entitlement

65 Characteristics of annual catch entitlement [Repealed]

66 Generation of annual catch entitlement at beginning of new fishing year

67 Allocation of annual catch entitlement

67A Allocation of additional annual catch entitlement in case of underfishing

67B Amendments to Schedule 5A

68 Minister to create additional annual catch entitlement if total allowable catch increased during fishing year

Annual catch entitlement required before fishing

69 Catch must be covered by annual catch entitlement [Repealed]

70 Defences applicable to certain stock [Repealed]

71 Defences applicable to individual fishers [Repealed]

72 Dumping of fish prohibited

73 Offence to transfer used annual catch entitlement [Repealed]

74 Minimum holdings of annual catch entitlement

Deemed values

75 Minister to set deemed value rates

75A Requirement to consult in relation to deemed values

75B Limitation period for challenges to deemed values

76 Catch to be counted against annual catch entitlement

76A Application for catch balancing relief

76B Effect of granting catch balancing relief

77 Over-fishing thresholds

77A Matters to be taken into account when recommending over-fishing thresholds

78 Catch in excess of over-fishing thresholds

78A Other persons may be subjected to same conditions as commercial fisher with catch in excess

78B Removal of conditions on other persons

79 Suspension of permit for non-payment of deemed value

79A Suspension of fishing permit of other persons

79B Removal of suspension, or direction to issue permit

Conclusive notification

80 Conclusive notification

Part 5
Foreign licensed access

81 Calculation of foreign allowable catch

82 Apportionment of foreign allowable catch for foreign fishing vessels

83 Issue of licences

84 Licensing offences

85 Fees, royalties, and charges

86 Suspension and revocation of licences

87 Review by courts

88 Administrative penalties for fisheries offences

Part 6
Access to fishery

Fishing permits

89 All fishing to be authorised by fishing permit unless specific exemption held

89A Exemption relating to farmed fish and spat catching

89B Exemption relating to protected customary rights

90 Application for fishing permit [Repealed]

91 Issue of fishing permit

92 Fishing permit may be issued subject to conditions

93 Qualifications for holding fishing permit and moratorium

93A Fishing permits subject to moratorium issued to related persons on death of fishing permit holder [Expired]

93B Expiry of section 93A

94 Right of review against decisions made under delegated authority

95 Obligations of fishing permit holder [Repealed]

96 Revocation of fishing permit

Special permits

97 Special permits

Administration

98 Registers

99 Appointment of Registrars [Repealed]

100 Matters to be shown in Permit Register and Fishing Vessel Register

101 Matters to be shown in Fishing Vessel Register [Repealed]

101A Matters to be shown in High Seas Permit Register

102 Access to registers and application of Privacy Act 1993

Fishing vessel registration

103 Fishing vessels must be registered

104 Provisions relating to notified users of fishing vessels

105 Fish carriers must be registered

106 Further provisions relating to registration of vessels

106A Suspension of consent to registration

106B Rights of review and appeal relating to suspension of consent to registration of vessel

107 Cancellation of registration of fishing vessel

108 Application of this Part to tenders

109 Presumption that fish on registered vessel caught in New Zealand

110 Fish taken in New Zealand fisheries waters must be landed in New Zealand

111 Fish on registered vessel deemed to have been taken for purpose of sale

112 Taking of fish, etc, by other than New Zealand ships

113 Possession of fish, etc, by vessels that are not New Zealand ships

113A All fishing within foreign fishing jurisdiction to be authorised

Part 6A
High seas fishing

113B Interpretation

113C Notification and certification by Secretary of Foreign Affairs and Trade

Requirements as to taking of fish on high seas

113D Taking and transportation of fish, etc, on high seas using New Zealand ships

113E Use of foreign vessels on high seas by New Zealand nationals

113F Exemption from section 113E

Issue of high seas fishing permits

113G Application for high seas fishing permit

113H Issue of high seas fishing permit

113I Term and content of high seas fishing permit

Compliance with conditions and regulations

113J Compliance with conditions and regulations

113K Conditions of high seas fishing permit

113L High seas fishing permit to be carried on vessel

113M Notification of change of ownership of vessel

Suspension and revocation of high seas fishing permits

113N Chief executive may suspend or revoke high seas fishing permit

113O Procedure to be followed before suspending or revoking permit

113P Effect of suspension or revocation of permit

High seas fishery inspectors

113Q High seas fishery inspectors

113R Powers of high seas fishery inspectors in relation to New Zealand vessels

113S Powers of high seas fishery inspectors in relation to foreign vessels

113T Boarding and inspection procedures relating to foreign vessels

113U Investigation of serious violations

113V Boarding and inspection procedures modified by global, regional, or subregional fisheries organisation or arrangement

113W Persons on New Zealand ships to co-operate with foreign high seas inspectors

113X Powers of foreign high seas inspector when requested to investigate

113Y Chief executive may withdraw authorisation to fish under high seas fishing permit

Administrative penalties

113Z Administrative penalties for high seas fisheries offences

113ZA Right to require that offence be dealt with by court

113ZB Admission of offence

113ZC Amount of administrative penalty

Other matters

113ZD Visits by foreign ships

113ZE Consent of Attorney-General required for certain proceedings

113ZF Authorised agent

Part 7
Dispute resolution

114 Application of this Part

Statement of procedure

115 Minister to issue statement of procedure

116 Content of statement of procedure

Fisheries Dispute Commissioners

117 Minister may appoint Fisheries Dispute Commissioner to resolve dispute

118 Inquiries

119 Secretarial services

120 Fees and allowances of Commissioner

121 Protection of sensitive information

122 Commissioner to report to Minister within 60 working days

123 Minister to determine dispute

Part 8
Registration of transfers, mortgages, caveats, etc

Administration

124 Registers

125 Appointment of Registrars [Repealed]

126 Chief executive to have use of seal

127 Matters to be shown in Quota Register

128 Matters to be shown in Annual Catch Entitlement Register

129 Registers to be open for inspection

130 Chief executive may close register

131 Liability of officers [Repealed]

Transfers of quota or annual catch entitlement

132 Transfers of individual transferable quota

133 Transfers of annual catch entitlement

134 Annual catch entitlement transferable during extended trading period

135 Other dealings in quota or annual catch entitlement

Mortgages of quota

136 Mortgages of quota

137 Mortgages of annual catch entitlement prohibited

138 Variation of terms of mortgage by endorsement

138A Assignment of mortgages

139 Rights of mortgagee

140 Restriction on exercise of power of sale

140A Restriction on transfer by mortgagee

141 Court may permit mortgagee to exercise power before period expired

142 Restriction on action to recover deficiency

143 No contracting out

144 Application of purchase money

145 Transfer by mortgagee

146 Discharge of mortgage

Caveats

147 Types of caveats

148 Effect of caveat

149 Caveat against transfer of quota or annual catch entitlement

150 Caveat may be withdrawn

151 Procedure for removal of caveat

152 Person entering or maintaining caveat without due cause liable for damages

Settlement quota interests

152A Registration

152B Effect of registering settlement quota interest against quota shares

Effect of decrease in or cancellation of quota

153 Effect of decrease in quota shares

154 Effect of alteration of quota management area

Registration procedure

155 Transactions not effectual until registered

156 When transactions deemed registered

157 Application for registration

158 Priority according to time of registration

159 Registration procedure

160 Provisions relating to defective applications for registration

Acquisitions by operation of law

161 Person claiming under operation of law may apply to have interest registered

162 Procedure on application

163 Chief executive may transfer quota or annual catch entitlement

Correction of registers

164 Application for correction of register

165 Correction of register

166 Certified copies of register to be evidence

167 Registrar not bound to attend court or produce register without court order [Repealed]

Guarantee of ownership rights

168 Guarantee of ownership rights

Protection of purchasers

169 Purchasers and mortgagees not affected by notice

170 No liability on bona fide purchaser or mortgagee

Compensation

171 Compensation for mistake or wrongdoing in keeping Quota Register

172 Notice of action to be served on Attorney-General and Registrar

173 Recovery of compensation paid and costs in case of fraud

Part 9
Taiapure-local fisheries and customary fishing

174 Object

175 Declaration of taiapure-local fisheries

176 Provisions relating to order under section 175

177 Proposal for establishment of taiapure-local fishery

178 Initial consideration of proposal

179 Notice of proposal

180 Objections to, and submissions on, proposal

181 Inquiry by tribunal

182 Appeal on question of law

183 Power of Minister to recommend declaration of taiapure-local fishery

184 Management of taiapure-local fishery

185 Power to recommend making of regulations

Customary fishing

186 Regulations relating to customary fishing

186A Temporary closure of fishing area or restriction on fishing methods

186B Temporary closure of fisheries

Part 9A
Aquaculture

186C Interpretation

Subpart 1Aquaculture decisions in relation to coastal permits

186D Chief executive may seek information or consult certain persons for purposes of making aquaculture decision

186E Chief executive to make aquaculture decision

186F Order in which requests for aquaculture decisions to be processed

186G Provision of fisheries information relating to stock

186GA Aquaculture decisions must not be made in relation to certain areas

186GB Matters to be considered before aquaculture decision made

186H Requirements for aquaculture decision

186I Appeal against aquaculture decision [Repealed]

186J Judicial review of aquaculture decision

Subpart 2Fish farmers

186K Fish Farmer Register

186L Information to be shown in Fish Farmer Register

186M Access to Fish Farmer Register

186N Fish farmer must advise chief executive of certain changes

186O Limitations on holding and dealing with fish farmer registration

186P Restriction on fish farming

186Q Exemptions

186R Applications to register as fish farmer

186S Decision on application

186T Section 186S subject to sections 30 and 31 of Aquaculture Reform (Repeals and Transitional Provisions) Act 2004

186U Effect of registration

186V Registration of fish farmer

186W Variation of registration

186X Appeal against suspension of fish farmer registration

186Y Revocation of registration

186Z Appeal against revocation of fish farmer registration

186ZA Subpart does not affect Freshwater Fish Farming Regulations 1983

186ZB Subpart does not apply to fish farming under protected customary rights order or agreement

Subpart 3Spat catching

Harvestable spat

186ZC Alteration of Schedule 8A

Subpart 4Aquaculture agreements and compensation declarations

186ZD Interpretation

186ZE Registers of aquaculture agreements, pre-request aquaculture agreements, and compensation declarations

186ZF Quota owners whose consent is necessary for aquaculture agreement

186ZG High Court may consent to aquaculture agreement on behalf of non-consenting persons

186ZH Lodging aquaculture agreements with chief executive for registration

186ZHA Lodging compensation declarations with chief executive for registration

186ZI Period within which aquaculture agreements must be lodged for registration

186ZIA Period within which compensation declaration must be lodged for registration

186ZJ No proceedings to be taken against chief executive

186ZK Chief executive must notify regional council of certain matters

186ZL Memorials

Pre-request aquaculture agreements

186ZM Pre-request aquaculture agreements

Compensation

186ZN Compensation to be provided by coastal permit holder to affected quota owners if aquaculture agreement not lodged

186ZO Submission to arbitration

186ZP Arbitrator to determine preliminary question about economic value of proposed aquaculture activities

186ZQ Determination of compensation

186ZR Regulations relating to compensation

Part 10
Recordkeeping, reporting, disposal of fish, and provisions relating to taking and possession of fish for purpose of sale

187 References to weight of fish, aquatic life, or seaweed to be references to greenweight

188 Conversion factors

188A Spat ratio

189 Persons who are required to keep records and returns

190 Accounts, records, returns, and other information

Disposal of fish

191 Disposal of fish by commercial fishers

192 Restrictions on purchase or acquisition of fish by certain persons

192A Restriction on acquisition of fish, aquatic life, and seaweed by fish farmers

When fish deemed to be taken or possessed for purposes of sale

193 Fish in licensed premises or premises where food sold deemed to have been taken for purpose of sale

194 Fish in fish farm deemed to be farmed and possessed for sale

195 Fish in excess of certain quantities deemed to have been acquired or possessed for purpose of sale

Part 11
Appointment and powers of fishery officers

Appointment of fishery officers

196 Appointment of fishery officers

197 Appointment of honorary fishery officers

198 Issue of warrants and conferral of powers

198A Powers may be exercised outside New Zealand fisheries waters

Powers of entry, search, and questioning

199 Powers of entry and examination for regulatory purposes

199A Powers of entry and search for law enforcement purposes

199B Application of Part 4 of Search and Surveillance Act 2012

200 Conditions relating to exercise of powers of entry, etc

201 Power to question persons and require production of documents

202 Powers for purpose of ascertaining financial status or interest in forfeit property of certain persons

Power of arrest

203 Power of arrest

Power to give directions

204 Power to give directions to master

Power to use reasonable force

205 Power to use reasonable force in exercise of certain powers

Power to take copies of documents

206 Power to take copies of documents

Provisions relating to seizure

207 Powers of seizure

Provisions relating to seized property

208 Chief executive may release seized property under bond [Repealed]

209 Seized property to be held by the Crown if not released [Repealed]

210 Crown to release seized property in certain circumstances [Repealed]

211 Seized property forfeited to the Crown if ownership not established [Repealed]

212 Chief executive may sell perishable seized property

213 Protection of the Crown

Crown caveats

214 Crown caveats preventing registration of transactions

General powers

215 General powers

Provisions relating to exercise of powers

216 Protection against self-incrimination

217 Fishery officer to provide identification

218 Production of warrant to be sufficient authority to act

219 Persons to assist fishery officer or high seas fishery inspector

220 Protection of fishery officer or high seas fishery inspector from liability

221 Complaints against fishery officers or high seas fishery inspectors

Examiners

222 Examiners

Part 12
Observer programme

223 Observer programme established

224 Chief executive to give notice of intention to place observer on vessel

225 Powers of observers and obligations of persons on vessels carrying observers

226 Food and accommodation to be provided for observers

227 Supervision by observers of transhipments, dumping of fish, and operation of conversion factors

227A Installation and maintenance of equipment on vessels may be required

Part 13
Offences and penalties

228 Breach of conditions or requirements

229 Obstructing fishery officers

230 Neglect or refusal to supply particulars, and improper divulging of information

231 Knowingly making false statement or using false document to obtain benefit

232 Buying, selling, or possessing fish contrary to Act

233 Knowingly acting in contravention of Act to obtain a benefit

234 Using hazardous substance to catch or destroy fish

235 Knowingly permitting premises to be used for offence against Act

Proceedings, defences, etc

236 Proceedings for offences

237 Summons may be served on agent of foreign vessel

238 Charges relating to certain offences may be heard together

239 Charging document may charge defendant with any number of offences

240 Strict liability

241 Defence available under this Act

242 Defence for all quota management stocks [Repealed]

243 Defence for specified quota management stocks [Repealed]

244 Liability of body corporate

245 Liability of companies and persons for actions of agent or employees

246 Liability of directors and managers

247 Presumption as to authority

Evidence in proceedings

248 Certificates and official documents

249 Copies of accounts, records, returns, etc

250 Presumption as to master of vessel

251 Presumptions to apply whether or not separate or further evidence adduced in support

Penalties

252 Penalties

253 Imprisonment of foreign persons

254 Matters to be taken into account by court in sentencing

255 Interpretation—forfeiture provisions

255A Forfeiture for infringement offence

255B Forfeiture where person liable to fine exceeding $10,000 but less than $100,000

255C Forfeiture for section 252(2), (3), and (5) offences, offences carrying fine of $100,000, repeat offences, and serious non-commercial offences

255D Forfeiture for section 252(1) or (4) offence

255E General provisions relating to forfeiture

256 Provisions relating to forfeit property

257 Prohibition of fishing activity in case of reoffending

258 Sum equal to deemed value payable if catch returns not completed or provided, or false returns provided

259 Rewards to informants

Minor offence procedure

[Repealed]

260 Minor offences [Repealed]

Infringement offences

260A Infringement offences

260B Infringement notices

260C Infringement fees

Part 14
Cost recovery

261 Purpose of Part

262 Cost recovery principles

263 Cost recovery rules

264 Levies

265 Under-recovery and over-recovery of costs

265A Recommendation for levies payable in year commencing 1 October 2003 and subsequent years

266 Other fees, charges, or levies

267 Payment of levies

268 Caveats on quota

269 Suspension of permit, licence, or registration where levies unpaid

270 Priority of debts [Repealed]

271 Records and returns

272 Levies to be separately accounted for [Repealed]

273 Caveats on quota [Repealed]

274 Priority of debts [Repealed]

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

Part 15
Fisheries administration

National Fisheries Advisory Council

276 Minister may establish National Fisheries Advisory Council

277 Members

278 Chairperson

279 Remuneration of members

280 Secretarial services

281 Certain powers of Minister not to be delegated

282 Reports

Catch History Review Committee

283 Catch History Review Committee established

284 Functions of Committee

285 Members

286 Defect in appointment

287 Committee may regulate its own procedure

288 Hearings to be held in public except in certain circumstances

289 Fees and travelling allowances

290 Administration of Committee

291 Representation of parties

292 Evidence before Committee

293 Decision of Committee

Administration generally

294 Use of outside agencies in performance of functions under Act

295 Notification of appointments and places for provision of information

296 Electronic transmission

Part 15A
Performance of services by approved organisations

296A Interpretation

296B Transfer of specified functions, duties, or powers to approved service delivery organisations

296C Effect of transfer of specified functions, duties, or powers

296D Minister must require payment of bond

Termination of orders transferring functions, duties, or powers

296E Revocation of order transferring functions, duties, or powers to approved service delivery organisation

296F Effect of termination of transfer

Transfer of property, rights, and obligations to chief executive

296G Purpose of sections 296H to 296N

296H Minister may transfer property, rights, and obligations to chief executive

296I Minister to give notice before transferring property, etc

296J Content of notice to transfer property, rights, and obligations

296K Right of appeal to District Court

296L Date on which transfer of property takes effect

296M Compensation for transfer of property

296N Resolution of disputes regarding compensation

Powers of Minister in relation to approved service delivery organisations

296O Minister may issue standards and specifications

296P Procedure for issuing standards and specifications

296Q Approved service delivery organisations must comply with directions

Sanctions for breach of standards and specifications or directions

296R Sanctions for failing to comply with standards and specifications

296S Demerit points to be recorded by Minister

296T Procedure for recording demerit points

296U Demerit points recorded where no objection made

296V Demerit points recorded where objection made

296W Civil penalty imposed where demerit points recorded

296X Collection of civil penalty

296Y Penalties payable into Crown Bank Account

Fees

296Z Fees

296ZAA Suspension of permit and refusal of services for non-payment of fees

Information disclosure requirements

296ZA Regulations relating to information disclosure

296ZB Information to be supplied to chief executive

296ZC Supply of information relating to business of approved service delivery organisation

296ZD Requirement that information be audited

296ZE Disclosure of information to Minister

296ZF Auditor to inform approved service delivery organisation of intention to disclose

296ZG Protection of auditors

296ZH Unique identifiers

296ZI Regulations

Part 16
Miscellaneous provisions

297 General regulations

298 Regulations relating to sustainability measures

299 Regulations relating to foreign licensed access

299A Amendments to update Schedule 1A

300 Dockside monitoring

301 Regulations relating to freshwater fish farming

302 General provisions as to regulations

302A Gazette notices may be consolidated

303 Certain notices to have status of regulations

304 Circulars

305 Application of Commodity Levies Act 1990

305A Powers of chief executive when false or misleading information given

Provisions relating to applications

305B Requirements applying generally to applications and requests under this Act

305C Chief executive may require additional information

Provisions relating to notices

306 Giving of notices, etc

307 Ornamental fish

308 Protection of the Crown, etc

309 Power to withhold compensation where amounts owing to Crown

310 Southern scallop enhancement programmes

311 Areas closed to commercial fishing methods

312 Prohibition on taking southern scallops for sale outside scallop season

313 Closure of southern scallop fishery

Part 17
Repeals, amendments, validations, savings, and transitional provisions

Repeals and amendments

314 Repeals of provisions of Fisheries Act 1983

315 Change of name of Fishing Industry Board Act 1963 [Repealed]

316 Amendments to other enactments

317 Amendments to Fisheries (Catch Against Quota) Regulations 1993 [Repealed]

318 Amendments to Fisheries (Cost Recovery Levies) Order 1995

319 Amendments to Fisheries (Quota Management Areas, Total Allowable Catches, and Catch Histories) Notice 1986

320 Amendment to Fisheries (Jack Mackerel Quota Management Areas, Total Allowable Catches, and Catch Histories) Notice (No 2) 1987

321 Amendment to Fisheries (Squid Quota Management Areas, Total Allowable Catches, and Catch Histories) Notice 1987

Savings and transitional provisions

322 Relationship between offence provisions of Fisheries Act 1983 and this Act

323 Savings relating to regulations, etc

324 Savings relating to rock lobster regulations

325 Savings related to fish farming regulations

326 Savings related to territorial sea and exclusive economic zone

327 Savings related to commodity levy orders

328 Savings relating to licences, approvals, and authorisations

329 Validation of certain decisions relating to permits

330 Certain fishing restrictions may affect quota management areas

331 Savings relating to fishery officers, examiners, and observers

332 Transitional provisions relating to registration of vessels where consent required under section 57(8) of Fisheries Act 1983 [Repealed]

333 Cancellation of registration to which section 332 applies [Repealed]

333A Transitional provisions relating to foreign ownership [Repealed]

334 Conversion of transferable term quota (rock lobster) [Repealed]

335 Savings relating to quota appeals [Repealed]

336 Savings relating to quota appeals after commencement of section 66 [Repealed]

337 Transitional provisions relating to decisions of Catch History Review Committee [Repealed]

338 Transitional fishing year for packhorse rock lobster

339 Transitional provisions relating to monthly and opening balances [Repealed]

340 Transitional provisions relating to allocation of annual catch entitlement [Repealed]

340AA Exceptions to minimum holdings of annual catch entitlement for certain paua stocks [Repealed]

340A Transitional provisions relating to underfishing [Repealed]

341 Confirmation of quota

342 Guaranteed minimum individual transferable quota [Repealed]

343 Conversion of holdings from old register to new register [Repealed]

344 Savings relating to balancing [Repealed]

345 Transitional Register

346 Provisions relating to registration of caveats in respect of leases [Repealed]

347 Provisions relating to registration of leases

347A Provisions relating to transfer of annual catch entitlement under leases in first fishing year [Repealed]

348 Provisions relating to the registration of forward transfers of quota

349 Provisions relating to caveats, etc, over converted quota [Repealed]

350 Transitional period for registration of mortgages [Repealed]

351 Special provisions relating to stocks with a fishing year beginning on 1 April [Repealed]

352 Existing agreements to fish against another person's quota [Repealed]

353 Statutory debts under Fisheries Act 1983

354 Regulations in respect of transitional provisions [Repealed]

355 Expiry of section 354 [Repealed]

356 Dispute resolution [Repealed]

357 Provision relating to minimum quota holdings

358 Provisions relating to permissions granted to overseas quota owners under section 28Z of Fisheries Act 1983 [Repealed]

358A Transitional provisions relating to sections 56 to 58 and 62 [Repealed]

359 Provision relating to aggregation limit consents granted under section 28W of Fisheries Act 1983

360 Provisions relating to taiapure-local fisheries

361 Transitional offences and penalties [Repealed]

362 Allocation of quota for bait [Repealed]

363 Allocation of quota

364 Further provisions relating to allocation of quota

365 Cost recovery [Repealed]

366 Southern scallop enhancement programme

367 Allocation of jack mackerel quota

368 Allocation of Nelson-Marlborough dredge oyster quota

368A Foveaux Strait dredge oyster fishery subject to quota system

369 Allocation of Northland scallop quota

369A Pale ghost shark subject to quota management system

369B Southern blue whiting subject to quota management system

369C Allocation of quota for southern blue whiting in quota management areas SBW6A, SBW6B, SBW6I, and SBW6R

369D Allocation of quota for southern blue whiting in quota management area SBW1

369E Southern blue whiting taken from 1 April 1999 to 31 October 1999

369F Initial total allowable commercial catch and total allowable catch for southern blue whiting in quota management areas SBW6A, SBW6B, SBW6I, and SBW6R

369G Transitional provision relating to Chatham Islands fishers [Expired]

369H Expiry of section 369G [Repealed]

369I South Island freshwater eel subject to quota management system

369J Transitional provision relating to increase of total allowable catch for freshwater eel [Expired]

369K Expiry of section 369J [Repealed]

369L Change to fishing year for ANG13

369M Expiry of section 369L(3)

Introduction of scampi into quota management system

369N Scampi subject to quota management system

369O Allocation of provisional catch history

369P Notification of fishers allocated provisional catch history

369Q Public notification of provisional catch history allocation

369R Application of certain provisions to scampi

Introduction of green-lipped mussel in quota management area 9 into quota management system

369S Green-lipped mussel in quota management area 9 subject to quota management system

Allocation of quota for pipi in quota management area 1A

369T Allocation of quota for pipi in quota management area 1A

370 Transitional provision relating to performance of functions by outside agencies

Schedule 1A
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

Schedule 1

Schedule 2
Stocks whose abundance is highly variable

Schedule 3
Stocks managed with an alternative total allowable catch

Schedule 4
Stocks for which provisional catch history not prorated

[Repealed]

Schedule 4A
Compensation for certain Schedule 4 stocks transferred to the Crown

[Repealed]

Schedule 4B
Highly migratory species

Schedule 4C
Stocks and species subject to section 93 permit moratorium

Schedule 4D
Species for which quota to be allocated on basis of provisional catch history, if brought into quota management system on or before 1 October 2009

Schedule 5
Species in respect of which any person may own no more than 45% of combined total allowable commercial catches for New Zealand fisheries waters

Schedule 5A
Stocks to which sections 67A and 340A do not apply

Schedule 6
Stocks which may be returned to the sea or other waters in accordance with stated requirements

Schedule 7
Authority to enter private dwelling house, enclosed garden, or curtilage, or Maori reservation

[Repealed]

Schedule 8
Minimum annual holdings of annual catch entitlement for specified stocks

Schedule 8A
Harvestable spat

Schedule 9
Quota allocations for jack mackerel, dredge oysters, and Northland scallops

Schedule 9A
Allocation of cost recovery settlement sum to each stock

Schedule 10
Levies

Schedule 11
Bait

Schedule 12
Enactments amended

Schedule 13
Quota management areas for particular scampi stocks

Schedule 14
Scampi provisional catch history allocations

Schedule 15
Green-lipped mussel quota share allocations for quota management area 9 (GLM9)

Schedule 16
Allocation of quota for pipi in quota management area 1A

Fisheries Act 1996 Amendment Act 1999

Fisheries Amendment Act (No 3) 2004

Overseas Investment Act 2005

Fisheries Act 1996 Amendment Act 2008

Fisheries Amendment Act 2012

Reprint notes


An Act—

  • (a) to reform and restate the law relating to fisheries resources; and

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

  • (c) to provide for related matters