Penalties

252 Penalties

(1)

Every person convicted of an offence against any of the following provisions of this Act is liable to imprisonment for a term not exceeding 5 years or to a fine not exceeding $250,000, or to both:

(a)

section 231(1) (knowingly making a false or misleading statement, etc):

(b)

section 231(2) (using a false communication, etc to obtain a benefit):

(c)

section 233(1) and (2) (knowingly acting in contravention of Act to obtain a benefit):

(d)

section 296B(5) (approved service delivery organisation knowingly falsifying information):

(e)

section 296ZC(3)(b) (approved service delivery organisation knowingly supplying false or misleading information to the Minister):

(f)

section 296ZC(3)(c) (approved service delivery organisation knowingly omitting material particular in information supplied to the Minister).

(2)

Every person convicted of an offence against section 84(3) (licensing offences by foreign vessels) is liable to a fine not exceeding $500,000.

(3)

Every person convicted of an offence against any of the following provisions of this Act is liable to a fine not exceeding $250,000:

(a)
[Repealed]

(b)

section 72(4) (unlawfully dumping fish):

(c)

section 78(10) (fishing in breach of condition of permit or condition imposed by chief executive):

(ca)

section 78A(8) (fishing in breach of condition imposed on person who is in substance the same person):

(cb)

section 78A(9) (fishing under permit of different person in order to avoid conditions imposed on own permit):

(cc)

section 79A(8) (fishing under permit of person who is in substance the same person):

(cd)

section 79A(9) (fishing under permit of different person where own permit suspended):

(d)

section 84(4) (breach of condition of foreign fishing licence):

(e)

section 89(12) (taking other than under the authority of a fishing permit):

(f)

section 110(6) (landing fish outside New Zealand):

(g)

section 112(4) (fishing unlawfully in the territorial sea):

(h)

section 113(4) (possession of fish by vessels other than New Zealand ships):

(ha)

section 113A(2) (unlawfully taking fish in foreign fishing jurisdiction):

(hb)

section 113D(5) (unlawfully taking fish on high seas):

(hc)

section 113E(3) (unlawful use of foreign vessel on high seas by New Zealand national):

(hd)

section 113W(4) (failing to co-operate with foreign high seas inspector):

(he)

section 190(2) (failure to comply with specification of chief executive in relation to records, returns, etc):

(i)

section 191(6) (unlawfully disposing of fish, etc):

(j)

section 192(6) (unlawfully receiving fish, etc):

(ja)

section 192A(5) (unlawful acquisition or possession of fish, aquatic life, or seaweed):

(k)

sections 224(3), 225(2), 227(4) (contravening provisions relating to observers):

(l)

section 229(1) (obstructing fishery officers):

(m)

section 230(1) (neglecting or refusing to supply particulars or improperly disclosing information):

(n)

section 232(1) and (2) (buying, selling, or possessing fish contrary to this Act):

(o)

section 271(2) (failure to keep or provide records or returns):

(p)

section 296ZC(3)(a) (failure by an approved service delivery organisation to supply information to the Minister):

(q)

section 296ZD(2) (failure by an approved service delivery organisation to have information audited).

(4)

Every person convicted of an offence against section 257(2) (prohibition of fishing activity in case of reoffending) is liable to imprisonment for a term not exceeding 1 year or to a fine not exceeding $100,000.

(5)

Every person convicted of an offence against any of the following provisions of this Act is liable to a fine not exceeding $100,000:

(a)

section 15(6) (fishing in contravention of a fishing-related mortality measures notice):

(b)

section 16(6) (fishing in contravention of emergency measures):

(c)

section 74(12) (fishing without a minimum holding of annual catch entitlement):

(d)

section 92(6) (breach of condition on fishing permit):

(e)

section 97(11) (breach of condition on special permit):

(f)

section 103(7) (using unregistered vessel):

(g)

section 105(6) (using unregistered vessel for transporting fish):

(ga)

section 106A(10) (using vessel while consent to registration suspended):

(h)

section 107(9) (failure to notify chief executive):

(ha)

section 186A(8) or section 186B(7) (contravention, other than by individual for purposes other than sale, of notice closing area or prohibiting or restricting fishing methods):

(hb)

section 113J(2) (breach of condition on high seas fishing permit):

(hc)

section 113L(2) (failing to carry high seas fishing permit on vessel):

(hd)

section 113ZD(4) (bringing a foreign ship into internal waters of New Zealand when prohibited):

(he)

section 186P(2) (fish farming other than in accordance with registration or exemption):

(i)

section 226(2) (provisions relating to food and accommodation for observers):

(j)

section 228(1) (contravening conditions or requirements):

(k)

section 232(1) and (2) (individuals buying, selling, or possessing fish contrary to Act where section 232(4) applies):

(l)

section 234(1) (using hazardous substance to catch or destroy fish):

(la)

sections 312 and 313 (taking scallops outside of season or fishery, or when fishery closed):

(m)

section 368A (taking Foveaux Strait dredge oyster outside season or from prohibited area):

(o)

section 369 (taking Northland scallops outside fishery season).

(6)

Every person convicted of an offence against any of the following provisions is liable to a fine not exceeding $5,000:

(a)

section 113M(2) (failure by holder of high seas fishing permit to notify chief executive of change of vessel’s ownership or operator):

(b)

section 121(3) (unlawfully releasing sensitive information):

(c)

section 186A(8) or section 186B(7) (contravention by individual, for purposes other than sale, of notice closing area, or prohibiting or restricting fishing methods):

(ca)

section 186N(3) (failing to notify change of information in Fish Farmer Register):

(d)

section 288(5) (contravening provisions relating to public meetings).

(7)

Notwithstanding anything in the Sentencing Act 2002, if any person is convicted of an offence against this Act, the court may, in addition to any other sentence it may impose, sentence the defendant to serve such specified community-based sentence (as defined in section 4(1) of that Act) as the court in the circumstances of the case considers appropriate.

Compare: 1983 No 14 s 107; 1990 No 29 s 51

Section 252(1): amended, on 1 July 2013, by section 413 of the Criminal Procedure Act 2011 (2011 No 81).

Section 252(1)(c): substituted, on 19 March 2004, by section 7 of the Fisheries Amendment Act 2004 (2004 No 6).

Section 252(1)(d): added, on 1 October 2001, by section 58(1) of the Fisheries Act 1996 Amendment Act 1999 (1999 No 101).

Section 252(1)(e): added, on 1 October 2001, by section 58(1) of the Fisheries Act 1996 Amendment Act 1999 (1999 No 101).

Section 252(1)(f): added, on 1 October 2001, by section 58(1) of the Fisheries Act 1996 Amendment Act 1999 (1999 No 101).

Section 252(3)(a): repealed, on 1 October 2001, by section 58(2) of the Fisheries Act 1996 Amendment Act 1999 (1999 No 101).

Section 252(3)(c): substituted, on 1 October 2001, by section 23(1) of the Fisheries Amendment Act 2001 (2001 No 65).

Section 252(3)(ca): substituted, on 1 October 2001, by section 23(1) of the Fisheries Amendment Act 2001 (2001 No 65).

Section 252(3)(cb): inserted, on 1 October 2001, by section 23(1) of the Fisheries Amendment Act 2001 (2001 No 65).

Section 252(3)(cc): inserted, on 1 October 2001, by section 23(1) of the Fisheries Amendment Act 2001 (2001 No 65).

Section 252(3)(cd): inserted, on 1 October 2001, by section 23(1) of the Fisheries Amendment Act 2001 (2001 No 65).

Section 252(3)(ha): inserted, on 1 October 2001, by section 25(1) of the Fisheries Act 1996 Amendment Act (No 2) 1999 (1999 No 103).

Section 252(3)(hb): inserted, on 1 October 2001, by section 25(1) of the Fisheries Act 1996 Amendment Act (No 2) 1999 (1999 No 103).

Section 252(3)(hc): inserted, on 1 October 2001, by section 25(1) of the Fisheries Act 1996 Amendment Act (No 2) 1999 (1999 No 103).

Section 252(3)(hd): inserted, on 1 October 2001, by section 25(1) of the Fisheries Act 1996 Amendment Act (No 2) 1999 (1999 No 103).

Section 252(3)(he): inserted as (ha), on 23 June 1998, by section 21(1) of the Fisheries (Remedial Issues) Amendment Act 1998 (1998 No 67).

Section 252(3)(he) number: substituted, on 1 October 2001, by section 23(2) of the Fisheries Amendment Act 2001 (2001 No 65).

Section 252(3)(ja): inserted, on 1 January 2005, by section 11(1) of the Fisheries Amendment Act (No 3) 2004 (2004 No 104).

Section 252(3)(o): added on 1 October 2001, by section 58(4) of the Fisheries Act 1996 Amendment Act 1999 (1999 No 101).

Section 252(3)(p): added on 1 October 2001, by section 58(4) of the Fisheries Act 1996 Amendment Act 1999 (1999 No 101).

Section 252(3)(q): added on 1 October 2001, by section 58(4) of the Fisheries Act 1996 Amendment Act 1999 (1999 No 101).

Section 252(5)(ga): inserted, on 8 August 2014, by section 6 of the Fisheries (Foreign Charter Vessels and Other Matters) Amendment Act 2014 (2014 No 60).

Section 252(5)(h): amended, on 9 September 1999, pursuant to section 90(2) of the Fisheries Act 1996 Amendment Act 1999 (1999 No 101).

Section 252(5)(ha): inserted, on 1 October 2001, by section 21(2) of the Fisheries (Remedial Issues) Amendment Act 1998 (1998 No 67).

Section 252(5)(ha): amended, on 1 October 2004, by section 47(1) of the Fisheries Amendment Act (No 3) 2004 (2004 No 76).

Section 252(5)(hb): inserted, on 1 October 2001, by section 25(2) of the Fisheries Act 1996 Amendment Act (No 2) 1999 (1999 No 103).

Section 252(5)(hc): inserted, on 1 October 2001, by section 25(2) of the Fisheries Act 1996 Amendment Act (No 2) 1999 (1999 No 103).

Section 252(5)(hd): inserted, on 1 October 2001, by section 25(2) of the Fisheries Act 1996 Amendment Act (No 2) 1999 (1999 No 103).

Section 252(5)(he): inserted, on 1 January 2005, by section 11(2) of the Fisheries Amendment Act (No 3) 2004 (2004 No 104).

Section 252(5)(j): amended, on 1 October 2001, by section 58(5) of the Fisheries Act 1996 Amendment Act 1999 (1999 No 101).

Section 252(5)(la): inserted, on 1 October 2001, by section 21(3) of the Fisheries (Remedial Issues) Amendment Act 1998 (1998 No 67).

Section 252(5)(m): added, on 1 April 1998, by section 9 of the Fisheries (Fouveaux Strait Dredge Oyster Fishery) Amendment Act 1998 (1998 No 6).

Section 252(5)(o): added, on 1 October 2001, by section 21(4) of the Fisheries (Remedial Issues) Amendment Act 1998 (1998 No 67).

Section 252(6): substituted, on 1 October 2001, by section 23(3) of the Fisheries Amendment Act 2001 (2001 No 65).

Section 252(6)(c): amended, on 1 October 2004, by section 47(2) of the Fisheries Amendment Act (No 3) 2004 (2004 No 76).

Section 252(6)(ca): inserted, on 1 January 2005, by section 11(3) of the Fisheries Amendment Act (No 3) 2004 (2004 No 104).

Section 252(7): amended, on 30 June 2002, by section 186 of the Sentencing Act 2002 (2002 No 9).