Part 1
Preliminary provisions

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

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

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

    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

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

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

    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

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

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

    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

    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

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

    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:

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

    customary marine title group has the meaning given in section 9(1) of the Marine and Coastal Area (Takutai Moana) Act 2011

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

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

    determination has the meaning given to it by section 186C

    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 1 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

    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

    • (b) withheld from allocation by the Crown under section 46

    environmental principles means the environmental principles set out in section 9

    examiner means a person appointed under section 222 to be an examiner and holding a warrant under section 198

    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, Contiguous Zone, and Exclusive Economic Zone Act 1977

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

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

    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:

    fish farmer means a person—

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

    Fish Farmer Register means the register required to be kept under section 186K

    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 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

    Fisheries Dispute Commissioner, or Commissioner, means a Fisheries Dispute Commissioner appointed under section 117(1)

    fisheries resources means any 1 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 (including any observer performing or exercising a function, duty, or power in accordance with the observer programme)

    fishery officer means—

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

    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

    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

    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 to have a fishing year commencing on 1 April in any year, a period of 12 months commencing on each 1 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 1 October:

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

    foreign allowable catch means a foreign allowable catch set under section 81

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

    foreign-owned New Zealand fishing vessel means a fishing vessel registered with consent under section 103(4)

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

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

    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

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

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

    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

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

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

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

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

    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 to be an honorary fishery officer and holding a warrant under section 198

    individual transferable quota means—

    • (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

    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

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

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

    internal waters of New Zealand means all internal waters of New Zealand as defined by section 4 of the Territorial Sea, Contiguous Zone, 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 management measure means a measure that is within the definition of international conservation and management measures in section 113B

    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

    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

    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

    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 declaring the stock to be subject to the quota management system or in the notice relating to the stock under section 188, 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

    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

    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

    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 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

    observer means an observer appointed under section 223

    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

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

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

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

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

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

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

    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

    Permit Register means the Permit Register kept under section 98

    planning document has the meaning given in section 9(1) of the Marine and Coastal Area (Takutai Moana) Act 2011

    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

    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 customary right has the meaning given in section 9(1) of the Marine and Coastal Area (Takutai Moana) Act 2011

    protected customary rights order and agreement have the meanings given in section 9(1) of the Marine and Coastal Area (Takutai Moana) Act 2011

    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

    provisional individual transferable quota means—

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

    publicly notify means publish a notice in 1 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 1 or more newspapers circulating in the area to which the notice relates; and public notification and publicly notified have corresponding meanings

    qualifying years, in relation to any stock, has the meaning given to it by section 33

    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

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

    quota share has the meaning given to it by section 42

    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 1 share multiplied by the number of shares in the parcel

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

    regional council

    • (a) has the same meaning as in section 5 of the Local Government Act 2002; and

    • (b) includes a unitary authority within the meaning of that Act

    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

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

    reservation has the meaning given to it by section 186C

    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

    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

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

    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

    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

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

    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

    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 1 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

    sustainability measure means any measure set or varied under Part 3 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 Trustee Limited has the meaning given to it in section 5 of the Maori Fisheries Act 2004

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

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

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

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

    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

    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, Contiguous Zone, 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

    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, 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

    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 of 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

    • (ab) if Waitangi Day or Anzac Day falls on a Saturday or a Sunday, the following Monday; and

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

    (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

    Section 2(1) annual catch entitlement: amended, on 9 September 1999, by section 2(1) of the Fisheries Act 1996 Amendment Act 1999 (1999 No 101).

    Section 2(1) Aotearoa Fisheries Limited: inserted, on 29 November 2004, by section 214 of the Maori Fisheries Act 2004 (2004 No 78).

    Section 2(1) appointed day: inserted, on 29 November 2004, by section 214 of the Maori Fisheries Act 2004 (2004 No 78).

    Section 2(1) approved service delivery organisation: inserted, on 9 September 1999, by section 2(2) of the Fisheries Act 1996 Amendment Act 1999 (1999 No 101).

    Section 2(1) aquaculture activities: inserted, on 1 January 2005, by section 4(4) of the Fisheries Amendment Act (No 3) 2004 (2004 No 104).

    Section 2(1) aquaculture decision: inserted, on 1 January 2005, by section 4(4) of the Fisheries Amendment Act (No 3) 2004 (2004 No 104).

    Section 2(1) aquaculture management area: repealed, on 1 October 2011, by section 4(1) of the Fisheries Amendment Act 2011 (2011 No 68).

    Section 2(1) asset-holding company: inserted, on 29 November 2004, by section 214 of the Maori Fisheries Act 2004 (2004 No 78).

    Section 2(1) authorised stock: repealed, on 1 October 2004, by section 3(1) of the Fisheries Amendment Act (No 3) 2004 (2004 No 76).

    Section 2(1) beach cast seaweed: inserted, on 9 September 1999, by section 2(2) of the Fisheries Act 1996 Amendment Act 1999 (1999 No 101).

    Section 2(1) chief executive: amended, on 9 September 1999, by section 2(3) of the Fisheries Act 1996 Amendment Act 1999 (1999 No 101).

    Section 2(1) commercial fisher: substituted, on 1 October 2004, by section 3(2) of the Fisheries Amendment Act (No 3) 2004 (2004 No 76).

    Section 2(1) conservation services: inserted, on 9 September 1999, by section 2(2) of the Fisheries Act 1996 Amendment Act 1999 (1999 No 101).

    Section 2(1) customary marine title group: inserted, on 1 April 2011, by section 128 of the Marine and Coastal Area (Takutai Moana) Act 2011 (2011 No 3).

    Section 2(1) deemed value: inserted, on 9 September 1999, by section 2(4) of the Fisheries Act 1996 Amendment Act 1999 (1999 No 101).

    Section 2(1) deemed value amount: substituted, on 9 September 1999, by section 2(4) of the Fisheries Act 1996 Amendment Act 1999 (1999 No 101).

    Section 2(1) deemed value rate: substituted, on 9 September 1999, by section 2(4) of the Fisheries Act 1996 Amendment Act 1999 (1999 No 101).

    Section 2(1) determination: inserted, on 1 January 2005, by section 4(4) of the Fisheries Amendment Act (No 3) 2004 (2004 No 104).

    Section 2(1) dredge oyster: inserted, on 1 April 1998, by section 3(1) of the Fisheries (Fouveaux Strait Dredge Oyster Fishery) Amendment Act 1998 (1998 No 6).

    Section 2(1) exclusive economic zone of New Zealand or exclusive economic zone: amended, on 1 August 1996, pursuant to section 5(4) of the Territorial Sea and Exclusive Economic Zone Amendment Act 1996 (1996 No 74).

    Section 2(1) farmed fish: inserted, on 1 January 2005, by section 4(4) of the Fisheries Amendment Act (No 3) 2004 (2004 No 104).

    Section 2(1) financial year: inserted, on 9 September 1999, by section 2(2) of the Fisheries Act 1996 Amendment Act 1999 (1999 No 101).

    Section 2(1) fish farm: substituted, on 1 January 2005, by section 4(1) of the Fisheries Amendment Act (No 3) 2004 (2004 No 104).

    Section 2(1) fish farmer: substituted, on 1 January 2005, by section 4(1) of the Fisheries Amendment Act (No 3) 2004 (2004 No 104).

    Section 2(1) Fish Farmer Register: inserted, on 1 January 2005, by section 4(4) of the Fisheries Amendment Act (No 3) 2004 (2004 No 104).

    Section 2(1) fish farming: substituted, on 1 January 2005, by section 4(1) of the Fisheries Amendment Act (No 3) 2004 (2004 No 104).

    Section 2(1) Fish Stocks Agreement: inserted, on 1 October 2000, by section 2 of the Fisheries Act 1996 Amendment Act (No 2) 1999 (1999 No 103).

    Section 2(1) fisheries services: inserted, on 9 September 1999, by section 2(2) of the Fisheries Act 1996 Amendment Act 1999 (1999 No 101).

    Section 2(1) fisheries services: amended, on 1 January 2005, by section 4(2) of the Fisheries Amendment Act (No 3) 2004 (2004 No 104).

    Section 2(1) fisheries services paragraph (c): amended, on 1 January 2005, by section 4(3) of the Fisheries Amendment Act (No 3) 2004 (2004 No 104).

    Section 2(1) fisheries services paragraph (d): amended, on 8 August 2014, by section 10 of the Fisheries (Foreign Charter Vessels and Other Matters) Amendment Act 2014 (2014 No 60).

    Section 2(1) fishing year paragraph (a): amended, on 23 June 1998, by section 2(1) of the Fisheries (Remedial Issues) Amendment Act 1998 (1998 No 67).

    Section 2(1) fishing year paragraph(aa): inserted, on 1 July 2000, by section 5 of the Fisheries Amendment Act 2000 (2000 No 20).

    Section 2(1) Foveaux Strait dredge oyster: inserted, on 1 April 1998, by section 3(1) of the Fisheries (Fouveaux Strait Dredge Oyster Fishery) Amendment Act 1998 (1998 No 6).

    Section 2(1) Foveaux Strait dredge oyster fishery: inserted, on 1 April 1998, by section 3(1) of the Fisheries (Fouveaux Strait Dredge Oyster Fishery) Amendment Act 1998 (1998 No 6).

    Section 2(1) fresh water eel: inserted, on 1 October 2000, by section 2 of the Fisheries Act 1996 Amendment Act (No 2) 1999 (1999 No 103).

    Section 2(1) green-lipped mussel: inserted, on 1 October 2004, by section 3(3) of the Fisheries Amendment Act (No 3) 2004 (2004 No 76).

    Section 2(1) harvestable spat: inserted, on 1 January 2005, by section 4(4) of the Fisheries Amendment Act (No 3) 2004 (2004 No 104).

    Section 2(1) high seas: inserted, on 1 October 2000, by section 2 of the Fisheries Act 1996 Amendment Act (No 2) 1999 (1999 No 103).

    Section 2(1) high seas fishery inspector: inserted, on 1 October 2000, by section 2 of the Fisheries Act 1996 Amendment Act (No 2) 1999 (1999 No 103).

    Section 2(1) high seas fishing permit: inserted, on 1 October 2000, by section 2 of the Fisheries Act 1996 Amendment Act (No 2) 1999 (1999 No 103).

    Section 2(1) High Seas Permit Register: inserted, on 1 October 2000, by section 2 of the Fisheries Act 1996 Amendment Act (No 2) 1999 (1999 No 103).

    Section 2(1) highly migratory species: inserted, on 1 October 2004, by section 3(4) of the Fisheries Amendment Act (No 3) 2004 (2004 No 76).

    Section 2(1) individual catch entitlement: repealed, on 1 October 2004, by section 3(5) of the Fisheries Amendment Act (No 3) 2004 (2004 No 76).

    Section 2(1) individual transferable quota paragraph (b): substituted, on 9 September 1999, by section 2(5) of the Fisheries Act 1996 Amendment Act 1999 (1999 No 101).

    Section 2(1) individual transferable quota paragraph (ba): inserted, on 9 September 1999, by section 2(5) of the Fisheries Act 1996 Amendment Act 1999 (1999 No 101).

    Section 2(1) infringement fee: inserted, on 9 September 1999, by section 2(2) of the Fisheries Act 1996 Amendment Act 1999 (1999 No 101).

    Section 2(1) infringement offence: inserted, on 9 September 1999, by section 2(2) of the Fisheries Act 1996 Amendment Act 1999 (1999 No 101).

    Section 2(1) interest in fishing quota: inserted, on 25 August 2005, by section 75 of the Overseas Investment Act 2005 (2005 No 82).

    Section 2(1) internal waters of New Zealand: amended, on 1 August 1996, pursuant to section 5(4) of the Territorial Sea and Exclusive Economic Zone Amendment Act 1996 (1996 No 74).

    Section 2(1) international fisheries organisation: inserted, on 1 October 2004, by section 3(6) of the Fisheries Amendment Act (No 3) 2004 (2004 No 76).

    Section 2(1) international fisheries organisation management measure: inserted, on 1 October 2004, by section 3(6) of the Fisheries Amendment Act (No 3) 2004 (2004 No 76).

    Section 2(1) long-term viability: inserted, on 9 September 1999, by section 2(2) of the Fisheries Act 1996 Amendment Act 1999 (1999 No 101).

    Section 2(1) mandated iwi organisation: inserted, on 29 November 2004, by section 214 of the Maori Fisheries Act 2004 (2004 No 78).

    Section 2(1) multi-species stock: inserted, on 9 September 1999, by section 2(2) of the Fisheries Act 1996 Amendment Act 1999 (1999 No 101).

    Section 2(1) New Zealand national: inserted, on 1 October 2000, by section 2 of the Fisheries Act 1996 Amendment Act (No 2) 1999 (1999 No 103).

    Section 2(1) ordinarily resident in New Zealand: substituted, on 25 August 2005, by section 75 of the Overseas Investment Act 2005 (2005 No 82).

    Section 2(1) outputs: inserted, on 9 September 1999, by section 2(2) of the Fisheries Act 1996 Amendment Act 1999 (1999 No 101).

    Section 2(1) overseas investment fishing provisions: inserted, on 25 August 2005, by section 75 of the Overseas Investment Act 2005 (2005 No 82).

    Section 2(1) overseas investment in fishing quota: inserted, on 25 August 2005, by section 75 of the Overseas Investment Act 2005 (2005 No 82).

    Section 2(1) overseas person: substituted, on 25 August 2005, by section 75 of the Overseas Investment Act 2005 (2005 No 82).

    Section 2(1) planning document: inserted, on 1 April 2011, by section 128 of the Marine and Coastal Area (Takutai Moana) Act 2011 (2011 No 3).

    Section 2(1) port: inserted, on 1 October 2004, by section 3(7) of the Fisheries Amendment Act (No 3) 2004 (2004 No 76).

    Section 2(1) protected customary right: inserted, on 1 April 2011, by section 128 of the Marine and Coastal Area (Takutai Moana) Act 2011 (2011 No 3).

    Section 2(1) protected customary rights order and agreement: inserted, on 1 April 2011, by section 128 of the Marine and Coastal Area (Takutai Moana) Act 2011 (2011 No 3).

    Section 2(1) publicly notify: amended, on 9 September 1999, pursuant to section 90(2) of the Fisheries Act 1996 Amendment Act 1999 (1999 No 101).

    Section 2(1) quota weight equivalent: amended, on 1 April 1998, by section 3(2) of the Fisheries (Fouveaux Strait Dredge Oyster Fishery) Amendment Act 1998 (1998 No 6).

    Section 2(1) regional council: inserted, on 1 October 2011, by section 4(2) of the Fisheries Amendment Act 2011 (2011 No 68).

    Section 2(1) Registrar: repealed, on 9 September 1999, by section 2(6) of the Fisheries Act 1996 Amendment Act 1999 (1999 No 101).

    Section 2(1) relevant Ministers: inserted, on 25 August 2005, by section 75 of the Overseas Investment Act 2005 (2005 No 82).

    Section 2(1) reservation: inserted, on 1 January 2005, by section 4(4) of the Fisheries Amendment Act (No 3) 2004 (2004 No 104).

    Section 2(1) sale paragraph (a)(iv): substituted, on 1 July 2004, by section 374 of the Gambling Act 2003 (2003 No 51).

    Section 2(1) scampi: inserted, on 13 August 2004, by section 3 of the Fisheries Amendment Act (No 2) 2004 (2004 No 71).

    Section 2(1) settlement quota: inserted, on 29 November 2004, by section 214 of the Maori Fisheries Act 2004 (2004 No 78).

    Section 2(1) settlement quota interest: inserted, on 29 November 2004, by section 214 of the Maori Fisheries Act 2004 (2004 No 78).

    Section 2(1) specified functions, duties, or powers: inserted, on 9 September 1999, by section 2(2) of the Fisheries Act 1996 Amendment Act 1999 (1999 No 101).

    Section 2(1) standards and specifications: inserted, on 9 September 1999, by section 2(2) of the Fisheries Act 1996 Amendment Act 1999 (1999 No 101).

    Section 2(1) subcompany: inserted, on 29 November 2004, by section 214 of the Maori Fisheries Act 2004 (2004 No 78).

    Section 2(1) Te Ohu Kai Moana: inserted, on 29 November 2004, by section 214 of the Maori Fisheries Act 2004 (2004 No 78).

    Section 2(1) Te Ohu Kai Moana Trustee Limited: inserted, on 29 November 2004, by section 214 of the Maori Fisheries Act 2004 (2004 No 78).

    Section 2(1) Te Putea Whakatupu Trust: inserted, on 29 November 2004, by section 214 of the Maori Fisheries Act 2004 (2004 No 78).

    Section 2(1) Te Putea Whakatupu Trustee Limited: inserted, on 29 November 2004, by section 214 of the Maori Fisheries Act 2004 (2004 No 78).

    Section 2(1) Te Wai Maori Trust: inserted, on 29 November 2004, by section 214 of the Maori Fisheries Act 2004 (2004 No 78).

    Section 2(1) Te Wai Maori Trustee Limited: inserted, on 29 November 2004, by section 214 of the Maori Fisheries Act 2004 (2004 No 78).

    Section 2(1) tender: substituted, on 1 October 2004, by section 3(8) of the Fisheries Amendment Act (No 3) 2004 (2004 No 76).

    Section 2(1) territorial sea of New Zealand: amended, on 1 August 1996, pursuant to section 5(4) of the Territorial Sea and Exclusive Economic Zone Amendment Act 1996 (1996 No 74).

    Section 2(1) total allowable commercial catch: amended, on 23 June 1998, by section 2(2) of the Fisheries (Remedial Issues) Amendment Act 1998 (1998 No 67).

    Section 2(1) transaction paragraph (b): substituted, on 26 May 2001, by section 3(2) of the Fisheries (Remedial Issues) Amendment Act 2001 (2001 No 33).

    Section 2(1) working day paragraph (ab): inserted, on 1 January 2014, by section 8 of the Holidays (Full Recognition of Waitangi Day and ANZAC Day) Amendment Act 2013 (2013 No 19).

    Section 2(1A): inserted, on 19 March 2004, by section 5 of the Fisheries Amendment Act 2004 (2004 No 6).

    Section 2(4): added, on 1 October 2004, by section 3(9) of the Fisheries Amendment Act (No 3) 2004 (2004 No 76).