Fisheries Act 1996 Amendment Act 1999

Public Act	1999 No 101
Date of assent	8 September 1999

Title

1 Short Title and commencement

Part 1
Amendments to principal Act

2 Interpretation

3 Meaning of associated person in relation to quota

4 Meaning of associated person in relation to issue of fishing permits

5 Sustainability measures

6 Fisheries plans

11A

7 Consultation

8 New sections inserted

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

9 Matters to be included in notice under section 18

10 New sections substituted

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

11 Manner of calculating provisional catch history

12 New sections inserted

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

32B Expiry of section 32A

13 Amendment of notification of eligibility to receive provisional catch history

35A

14 Transfer of provisional catch history

15 Criteria of eligibility to receive provisional catch history for stock controlled by individual catch entitlements

16 Criteria of eligibility to receive quota

17 Quota or annual catch entitlement not to be allocated to overseas persons

18 Minister may permit acquisition or continued holding of quota by persons to whom section 56 applies

19 Administration of sections 56 and 57

57A

20 Quota or annual catch entitlement owned by overseas persons to be forfeit

21 Provisions relating to forfeit property

22 New heading and section substituted

Order of transactions

63 Order of transactions

23 Allocation of annual catch entitlement

24 New sections inserted

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

67B Amendments to Schedule 5A

25 Minimum holdings of annual catch entitlement

26 New sections substituted

75 Minister to set deemed value rates

75A Requirement to consult in relation to deemed values

75B Limitation period for challenges to deemed values

27 Catch to be counted against annual catch entitlement

28 New sections substituted

77 Over-fishing thresholds

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

78 Catch in excess of over-fishing thresholds

29 Suspension of permit for non-payment of deemed value

30 Conclusive notification

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

32 Issue of fishing permit

33 Fishing permit may be issued subject to conditions

34 Qualification for holding fishing permit and moratorium

35 New sections inserted

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

93B Expiry of section 93A

36 Revocation of fishing permit

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

100

38 Fishing vessels must be registered

39 Cancellation of registration of fishing vessel

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

41 Chief executive to have use of seal

126

42 Matters to be shown in Annual Catch Entitlement Register

43 Types of caveats

44 Caveat against transfer of quota or annual catch entitlement

45 Registration procedure

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

47 Procedure on application

48 Compensation for mistake or wrongdoing in keeping of registers

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

50 Crown caveats preventing registration of transactions

51 Breach of conditions or requirements

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

53 Proceedings for offences

54 Strict liability

55 Defence available under this Act

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

57 Liability of directors and managers

246

58 Penalties

59 New sections substituted

255 Interpretation

255A Forfeiture for infringement offence

255B Forfeiture where person discharged or liable to fine up to $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

60 Provisions relating to forfeit property

61 Prohibition of fishing activity in case of reoffending

62 New heading and sections inserted

Infringement offences

260A Infringement offences

260B Infringement notices

260C Infringement fees

63 New part substituted

64 Use of outside agencies in performance of functions under Act

65 New Part inserted

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

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

66 General regulations

67 Certain notices to have status of regulations

68 Circulars

69 Application of Commodity Levies Act 1990

70 New sections inserted

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

71 Protection of the Crown, etc

72 Transitional provisions relating to foreign ownership

333A

73 New sections substituted

340 Transitional provisions relating to allocation of annual catch entitlement

340A Transitional provisions relating to underfishing

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

75 Provisions relating to allocation of annual catch entitlement under leases in first fishing year

347A

76 Provisions relating to caveats, etc, over converted quota

77 Expiry of section 354

78 Transitional provisions relating to sections 56 to 58 and 62

358A

79 Transitional offences and penalties

80 Further provisions relating to allocation of quota

81 Cost recovery

82 Foveaux Strait dredge oyster fishery subject to quota system

83 New sections inserted

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

84 New sections inserted

369G Transitional provision relating to Chatham Islands fishers

369H Expiry of section 369G

Part 2
Repeals, consequential amendments, and transitional provisions

85 Repeals

86 Consequential repeals and amendment

87 Consequential amendment to Summary Proceedings Act 1957

88 Amendments to schedules

89 Offices of Registrars and Deputy Registrars abolished

90 Statutory references to Registrars and Deputy Registrars

91 Fisheries (Cost Recovery Levies) Order

Schedule 1
Descriptions of new quota management areas inserted

Schedule 2
New Schedule 5A inserted in principal Act

Schedule 3
New Schedule 8 substituted in principal Act

Schedule 4
New Parts 6 to 12 added to Schedule 9 of principal Act

An Act to amend the Fisheries Act 1996

BE IT ENACTED by the Parliament of New Zealand as follows:

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Fisheries Act 1996 Amendment Act 1999 No 101, Public Act

Fisheries Act 1996 Amendment Act 1999

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