Fisheries Act 1996 Amendment Act 1999

2 Interpretation

• (1) Section 2(1) of the principal Act is amended by omitting from the definition of the term annual catch entitlement the words “section 67 or section 68 of this Act”, and substituting the words “any of sections 67, 67A, 68, 340, and 340A”.

  (2) Section 2(1) of the principal Act is amended by inserting, in their appropriate alphabetical order, the following definitions:

  “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

  “Beach cast seaweed means seaweed of any species that is unattached and cast ashore

  “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 effect of commercial fishing on protected species:

  • “(c) The development of population management plans under the Wildlife Act 1953 and the Marine Mammals Protection Act 1978:

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

  “Fisheries services means outputs produced for the purpose of this Act, the Fisheries Act 1983, or the Marine Farming Act 1971, 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 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 relative to fisheries resources, fishing, or fish farming:

  “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)

  “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

  “Multi-species stock means a quota management stock that consists of 2 or more species

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

  “Overseas person has the same meaning as in section 2(1) of the Overseas Investment Act 1973

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

  “Standards and specifications means standards and specifications issued under section 296O”.

  (3) Section 2(1) of the principal Act is amended by omitting from the definition of the term chief executive the word “any”, and substituting the words “section 296C and any other”.

  (4) Section 2(1) of the principal Act is amended by repealing the definitions of the terms deemed value amount and deemed value rate, and substituting the following definitions:

  “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”.

  (5) Section 2(1) of the principal Act is amended by repealing paragraph (b) of the definition of the term individual transferable quota, and substituting the following paragraphs:

  • “(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:”.

  (6) Section 2(1) of the principal Act is amended by repealing the definition of the term Registrar.

  (7) Section 4 of the principal Act is consequentially repealed