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

(1)

No person shall possess any fish, aquatic life, or seaweed in New Zealand or New Zealand fisheries waters, on any vessel that is not a New Zealand ship, unless,—

(a)

in the case of fish, aquatic life, or seaweed taken outside New Zealand fisheries waters,—

(i)

the fish, aquatic life, or seaweed was landed in any country other than New Zealand before being brought into New Zealand fisheries waters; or

(ii)

the person has, before the entry into New Zealand fisheries waters, obtained the approval of the chief executive to possess that fish, aquatic life or seaweed, and acted in accordance with such conditions as the chief executive may think fit to impose; or

(b)

the fish, aquatic life, or seaweed were lawfully taken by that vessel within New Zealand fisheries waters; or

(c)

the fish, aquatic life, or seaweed were lawfully received by that vessel within New Zealand or New Zealand fisheries waters.

(2)

The chief executive may impose any conditions on an approval granted under subsection (1), including conditions relating to the taking, storage, transportation, recording, reporting, landing, and disposal of the fish, aquatic life, or seaweed.

(3)

Any fish, aquatic life, or seaweed landed in New Zealand with the chief executive’s approval under subsection (1) and landed after that approval was given, may, in accordance with the conditions of that approval, be sold; and, notwithstanding anything in this Act, no offence of buying or selling or being in possession of any fish, aquatic life, or seaweed shall be deemed to have been committed in respect of any fish, aquatic life, or seaweed sold in accordance with that approval.

(4)

Every person commits an offence and is liable to the penalty set out in section 252(3) who contravenes subsection (1).

(5)

In proceedings for an offence relating to a contravention of subsection (1),—

(a)

the prosecutor need not assert in the charging document that the exceptions set out in paragraphs (a) to (c) do not apply; and

(b)

the burden of proving that any of the exceptions set out in paragraphs (a) to (c) applies lies on the defendant.

Compare: 1983 No 14 s 61; 1986 No 34 s 1(1)

Section 113(5): inserted, on 1 July 2013, by section 413 of the Criminal Procedure Act 2011 (2011 No 81).