Fisheries Amendment Act 2004

Fisheries Amendment Act 2004

Public Act2004 No 6
Date of assent18 March 2004

The Parliament of New Zealand enacts as follows:

1 Title
  • (1) This Act is the Fisheries Amendment Act 2004.

    (2) In this Act, the Fisheries Act 1996 is called the principal Act.

Part 1
Preliminary provisions

2 Commencement
  • This Act comes into force on the day after the date on which it receives the Royal assent.

3 Purpose
  • (1) The main purpose of this Act is to implement a negotiated settlement agreement reached between the Crown and the commercial seafood industry in respect of the under-recovery and over-recovery of the costs of fisheries services and conservation services relating to the period 1 October 1994 to 30 September 2002.

    (2) This Act—

    • (a) validates various cost recovery levy orders and rules relating to the relevant period:

    • (b) provides for the reduction (or increase, in some cases) of the total amount to be recovered for any stock for the year commencing 1 October 2003 and subsequent years by the relevant amount of the agreed settlement sum allocated to that stock.

    (3) This Act also—

    • (a) amends an offence provision in relation to fishing-related activities carried out to obtain a benefit in contravention of the principal Act:

    • (b) clarifies that references in the principal Act to this Act include references to rules and regulations made under that Act.

4 Act binds the Crown
  • This Act binds the Crown.

Part 2
Amendments to principal Act

5 Interpretation
  • Section 2 of the principal Act is amended by inserting, after subsection (1), the following subsection:

    • (1A) References to this Act include references to rules and regulations made under this Act.

6 New section 233 substituted
  • The principal Act is amended by repealing section 233, and substituting the following section:

    233 Knowingly acting in contravention of Act to obtain a benefit
    • (1) Every person commits an offence who obtains any benefit by knowingly taking, possessing, receiving, procuring, processing, conveying, selling, or otherwise dealing with any fish, aquatic life, or seaweed otherwise than in accordance with this Act.

      (2) Every person commits an offence who, with the intention of obtaining any benefit, knowingly takes, possesses, receives, procures, processes, conveys, sells, or otherwise deals with any fish, aquatic life, or seaweed otherwise than in accordance with this Act.

      (3) For the purposes of this section, benefit includes any privilege, property, pecuniary advantage, or valuable consideration of any kind whether for that person or any other person.

      (4) Every person who commits an offence against subsection (1) or subsection (2) is liable to the penalty set out in section 252(1).

7 Penalties
  • Section 252(1) of the principal Act is amended by repealing paragraph (c), and substituting the following paragraph:

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

8 Levies
  • Section 264(2) of the principal Act is amended by inserting, before the words The Minister must, the words Subject to section 265A,.

9 New section 265 substituted
  • The principal Act is amended by repealing section 265, and substituting the following section:

    265 Under-recovery and over-recovery of costs
    • Without limiting anything in section 264, but subject to section 265A, the Minister must, in recommending the making of an order under section 264, have regard to the costs of any conservation services or fisheries services incurred by the Crown in a previous financial year that—

      • (a) were either—

        • (i) not recovered or not recoverable, in whole or in part, by a fee, charge, or levy relating to such services that was previously imposed under this Act or the Fisheries Act 1983; or

        • (ii) over-recovered or over-recoverable, in whole or in part, by a fee, charge, or levy relating to such services that was previously imposed under this Act or the Fisheries Act 1983; and

      • (b) the Minister has not previously had regard to under this section.

10 New section 265A substituted
  • (1) The principal Act is amended by repealing section 265A, and substituting the following section:

    265A Recommendation for levies payable in year commencing 1 October 2003 and subsequent years
    • (1) In making a recommendation under section 264 in respect of levies payable in the year commencing on 1 October 2003, the Minister must—

      • (a) first calculate the amount for each stock or other grouping that it would be appropriate to recover by way of levy as if there had been no under-recovery or over-recovery of costs in respect of the period 1 October 1994 to 30 September 2002 (both dates inclusive); and

      • (b) then—

        • (i) in the case of a stock or other grouping listed in Part 1 of Schedule 9A, reduce that amount by the relevant settlement sum allocated to that stock or other grouping in that schedule (or by so much of that settlement sum as would reduce the amount to zero):

        • (ii) in the case of a stock listed in Part 2 of Schedule 9A, increase that amount by the relevant settlement sum allocated to that stock in that schedule.

      (2) In making a recommendation under section 264 in respect of levies payable in the year commencing on 1 October 2004 or in any subsequent year, the Minister must, after calculating the amount that it would be appropriate to recover by way of levy under this Part for any stock or other grouping listed in Part 1 of Schedule 9A, reduce that amount by the remaining balance (if any) of the relevant settlement sum allocated to that stock or other grouping in that schedule (or by so much of the remaining balance as would reduce the amount to zero).

      (3) Where the Minister makes a recommendation under section 264 that results in an order amending a levy already fixed for any stock or other grouping for the relevant year, the Minister must, where appropriate,—

      • (a) adjust the remaining balance of the settlement sum for the stock or other grouping to reflect the effect of the amendment when taken together with the effect of the original levy order; and

      • (b) notify the adjusted remaining balance in accordance with subsection (5).

      (4) For the purposes of subsections (2) and (3) and section 265, in determining the amount that it would be appropriate to recover by way of levy under this Part before the need (if any) to reduce that amount by any settlement sum,—

      • (a) no regard is to be had to the costs of any conservation services or fisheries services incurred by the Crown in any financial year ending on or before 30 September 2002, except where those costs arise from conservation services or fisheries services initiated but not completed on or before 30 September 2002; and

      • (b) any previous reduction in the amount of costs recovered or recoverable by virtue of the application of any settlement sum under this section must be disregarded.

      (5) The Minister must, as soon as practicable after making any recommendation under section 264 that has required an adjustment under subsection (1)(b)(i) or subsection (2) or subsection (3), state the remaining balance for each affected stock or grouping by notice in the Gazette.

      (6) In this section, remaining balance means the relevant settlement sum allocated to a stock or grouping under Part 1 of Schedule 9A less all previous adjustments made by the Minister under subsection (l)(b)(i) or subsection (2), and less or plus (as the case may require) any adjustments made by the Minister under subsection (3).

    (2) Despite anything in the principal Act, for the purposes of levies payable for the year commencing on 1 October 2003—

    • (a) the Fisheries (Cost Recovery Levies for Conservation Services) Order 2003 (SR 2003/209) and the Fisheries (Cost Recovery Levies for Fisheries Services) Order 2003 (SR 2003/210) are deemed never to have been made and in force; and

    • (b) any order made under section 264 of the principal Act may, despite being made after 1 October 2003, impose levies on the basis of quota held, fish or aquatic life taken, and permits, leases, or licences held at any time or for any period between 1 October 2003 and the date of commencement of the order (both dates inclusive), as if the order had been made before 1 October 2003; but

    • (c) no levy payable under any such order is payable earlier than 1 month after the date of commencement of the order.

11 Certain notices to have status of regulations
  • Section 303(2) of the principal Act is amended by inserting, after the expression 188,, the expression 265A(5).

12 New Schedule 9A inserted
  • (1) The principal Act is amended by inserting, after Schedule 9, the Schedule 9A set out in Schedule 1 of this Act.

    (2) The Governor-General may, by Order in Council,—

    • (a) amend Schedule 9A of the principal Act for the purpose of updating any stock or species code reference to ensure consistency with other regulations, rules, or orders made under the principal Act:

    • (b) where any settlement sum allocated under that schedule is allocated to a species generally rather than one or more stocks in specified quota management areas, on the advice of the Minister given after having regard to the total allowable commercial catch fixed for each quota management area, amend that schedule to allocate the settlement sum between different stocks of that species in different quota management areas:

    • (c) amend that schedule to reflect the remaining balance of all or any settlement sums remaining as at a specified date.

    (3) An Order in Council made under subsection (2) may repeal and replace Schedule 9A of the principal Act to incorporate any amendments authorised under that subsection, and may also correct any clerical errors or errors in calculation of a settlement sum.

    Subsection (2) was substituted, as from 1 October 2004, by section 64 Fisheries Amendment Act (No 3) 2004 (2004 No 76).

    Subsection (3) was inserted, as from 1 October 2004, by section 64 Fisheries Amendment Act (No 3) 2004 (2004 No 76).

13 Certain orders and rules validated
  • (1) The orders set out in Schedule 2 are deemed to have been validly made for all purposes, and every recommendation and every purported recommendation of the Minister made in respect of those orders is deemed to be and always to have been validly made.

    (2) The following rules are deemed to be valid for all purposes for all periods ending on or before 30 September 2002, and every purported recommendation of the Minister made in respect of or under those rules and any such period is deemed to be and always to have been validly made:

    (3) Nothing in subsection (1) affects any rights or obligations under a settlement of the proceedings referred to in section 14(l)(a) of the Subordinate Legislation (Confirmation and Validation) Act 2002.


Schedule 1
New Schedule 9A inserted in principal Act

s 12

Schedule 9A
Allocation of cost recovery settlement sum to each stock

s 265A

1
Amounts of settlement sum to be credited to stock

Species or other groupingStock or species codeSettlement sum allocated ($)
Albacore tunaALB598,273
Short and long-finned freshwater eels (South Island)ANG113,135
Short and long-finned freshwater eels (South Island)ANG122,740
Short and long-finned freshwater eels (South Island)ANG139,129
Short and long-finned freshwater eels (South Island)ANG142,415
Short and long-finned freshwater eels (South Island)ANG156,494
Short and long-finned freshwater eels (South Island)ANG164,895
BarracoutaBAR1131,984
BarracoutaBAR434,602
BarracoutaBAR596,685
BarracoutaBAR7137,167
Blue codBCO15,960
Blue codBCO21,522
Blue codBCO311,259
Blue codBCO428,991
Blue codBCO590,547
Blue codBCO74,741
Blue codBCO84,746
Bigeye tunaBIG791,530
BluenoseBNS178,928
BluenoseBNS249,244
BluenoseBNS324.33
BluenoseBNS710,166
BluenoseBNS86,416
Seal sharkBSH5,186
ButterfishBUT133
ButterfishBUT2643
ButterfishBUT333
ButterfishBUT4109
ButterfishBUT5459
ButterfishBUT60
ButterfishBUT7388
AlfonsinoBYX11,594
AlfonsinoBYX291,656
AlfonsinoBYX381,979
AlfonsinoBYX74,306
AlfonsinoBYX82,742
Cardinal fishCDL18,914
Cardinal fishCDL20
Cardinal fishCDL3277
Cardinal fishCDL40
Cardinal fishCDL549
Cardinal fishCDL60
Cardinal fishCDL7429
Cardinal fishCDL90
CockleCOC1A13,800
CockleCOC339,586
CockleCOC50
CockleCOC7A15,329
Rock lobster, spiny redCRA178,131
Rock lobster, spiny redCRA264,893
Rock lobster, spiny redCRA3198,417
Rock lobster, spiny redCRA4310,143
Rock lobster, spiny redCRA5110,513
Rock lobster, spiny redCRA664,772
Rock lobster, spiny redCRA751,224
Rock lobster, spiny redCRA8238,591
Rock lobster, spiny redCRA99,989
Elephant fishELE1381
Elephant fishELE2924
Elephant fishELE398,561
Elephant fishELE53,779
Elephant fishELE75,569
Blue (English) mackerelEMA148,662
Blue (English) mackerelEMA21,160
Blue (English) mackerelEMA32,516
Blue (English) mackerelEMA721,348
FlatfishFLA168,958
FlatfishFLA241,854
FlatfishFLA3211,273
FlatfishFLA7117,372
FrostfishFRO12,258
FrostfishFRO20
FrostfishFRO3426
FrostfishFRO40
FrostfishFRO5307
FrostfishFRO64
FrostfishFRO723,395
FrostfishFRO83,657
FrostfishFRO91,596
Grey mulletGMU1181,094
Grey mulletGMU21,189
Grey mulletGMU31,527
Grey mulletGMU71,061
Ghost sharkGSH1415
Ghost sharkGSH2676
Ghost sharkGSH322,567
Ghost sharkGSH44,071
Ghost sharkGSH52,349
Ghost sharkGSH63,020
Ghost sharkGSH712,061
Ghost sharkGSH8157
Ghost sharkGSH9197
Ghost shark paleGSP10
Ghost shark paleGSP5410
Ghost shark paleGSP770
Red gurnardGUR1137,185
Red gurnardGUR238,208
Red gurnardGUR350,602
Red gurnardGUR722,391
Red gurnardGUR822,142
HakeHAK1457,661
HakeHAK477,376
HakeHAK7252,660
HokiHOK12,361,747
Hapuku and bassHPB150,559
Hapuku and bassHPB229,784
Hapuku and bassHPB327,214
Hapuku and bassHPB417,497
Hapuku and bassHPB534,074
Hapuku and bassHPB718,333
Hapuku and bassHPB86,372
John doryJDO163,924
John doryJDO226,131
John doryJDO33,074
John doryJDO78,009
Jack mackerelJMA147,480
Jack mackerelJMA3270,921
Jack mackerelJMA7188,720
KahawaiKAH12,161
KahawaiKAH10
KahawaiKAH20
KahawaiKAH30
Lookdown doryLDO9,009
LeatherjacketLEA12,891
LeatherjacketLEA217,468
LeatherjacketLEA31,538
LeatherjacketLEA4108
LeatherjacketLEA100
Long-finned freshwater eelLFE16,132
Long-finned freshwater eelLFE22,638
Long-finned freshwater eelLFE4642
Long-finned freshwater eelLFE82,816
Long-finned freshwater eelLFE9606
LingLIN15,425
LingLIN218,516
LingLIN362,154
LingLIN4178,151
LingLIN5423,384
LingLIN6606,805
LingLIN743,386
Trough shellMDI0
Large trough shellMMI0
Blue mokiMOK135,568
Blue mokiMOK33,523
Blue mokiMOK4560
Blue mokiMOK51,182
OctopusOCT5
Oreo dories0.00E+00323,030
Oreo doriesOEO3A562,510
Oreo dories0EO4625,055
Oreo dories0EO6343,891
Orange roughyORH185,542
Orange roughyORH2A139,594
Orange roughyORH2B25,568
Orange roughyORH3A74,974
Orange roughyORH3B1,648,364
Orange roughyORH7A40,136
Orange roughyORH7B32,377
Oyster. dredge (except Foveaux Strait)OYS0
Oyster, dredge (except Foveaux Strait)OYS40
Oyster, dredge (except Foveaux Strait)OYS5B0
Oyster, dredge (except Foveaux Strait)OYS747,564
Oyster, dredge (Foveaux Strait)OYU5133,107
Paddle crabPAD0
Paddle crabPAD12,254
Paddle crabPAD21,129
Paddle crabPAD31,027
Paddle crabPAD4257
Paddle crabPAD5513
Paddle crabPAD60
Paddle crabPAD71,025
Paddle crabPAD8615
Paddle crabPAD91,025
PauaPAU14,912
PauaPAU265,097
PauaPAU336,644
PauaPAU4130,173
PauaPAU5A89,016
PauaPAU5B92,098
PauaPAU5D89,718
PauaPAD60
PauaPAU753,803
Deepwater tuatuaPDO0
Packhorse rock lobsterPHC12,734
PipiPPI1,560
Patagonian toothfishPTO434
Queen scallopQSC38,044
Ray's breamRBM15,062
RubyfishRBY11,081
RubyfishRBY20
RubyfishRBY32
RubyfishRBY40
RubyfishRBY712
RubyfishRBY80
RubyfishRBY9101
Red codRCO12,115
Red codRCO213,619
Red codRCO3324,699
Red codRCO743,316
RibaldoRIB13.946
RibaldoRIB25,566
RibaldoRIB310,709
RibaldoRIB415,258
RibaldoRIB52,945
RibaldoRIB69,153
RibaldoRIB74,079
RibaldoRIB849
RibaldoRIB996
Rough skateRSK1104
Rough skateRSK31,553
Rough skateRSK7189
Rough skateRSK820
Rough skateRSK100
Red (golden) snapperRSN11,380
Triangle shellSAE0
Southern blue whitingSBW113
Southern blue whitingSBW30
Southern blue whitingSBW40
Southern blue whitingSBW50
Southern blue whitingSBW6A0
Southern blue whitingSBW6B124,702
Southern blue whitingSBW6I554,427
Southern blue whitingSBW6R5,806
ScallopSCA1509,388
ScallopSCA40
ScallopSCA7150,362
ScallopSCA90
ScallopSCACS184,799
School sharkSCH130,637
School sharkSCH29,688
School sharkSCH333,195
School sharkSCH47,012
School sharkSCH529,870
School sharkSCH722,907
School sharkSCH818,399
ScampiSCI151,573
ScampiSCI245,786
ScampiSCI342,188
ScampiSCI442,391
ScampiSCI50
ScampiSCI6A9,938
ScampiSCI6B16,823
ScampiSCI70
ScampiSCI8483
ScampiSCI90
Short-finned freshwater eelSFE119,279
Short-finned freshwater eelSFE24,071
Short-finned freshwater eelSFE4966
Short-finned freshwater eelSFE83,525
Short-finned freshwater eelSFE91,217
Gemfish, southern kingfishSKI141,508
Gemfish, southern kingfishSKI242,984
Gemfish, southern kingfishSKI322,654
Gemfish, southern kingfishSKI719,810
Skipjack tunaSKJ400,510
SnapperSNA11,717,023
SnapperSNA250,819
SnapperSNA32,585
SnapperSNA753,791
SnapperSNA8187,209
Spiny dogfishSPD180,867
Spiny dogfishSPD30
Spiny dogfishSPD40
Spiny dogfishSPD50
Spiny dogfishSPD60
Spiny dogfishSPD70
Spiny dogfishSPD80
Sea perch, Jock StewartSPE12,387
Sea perch, Jock StewartSPE25,100
Sea perch, Jock StewartSPE363,135
Sea perch, Jock StewartSPE438,719
Sea perch, Jock StewartSPE52,562
Sea perch, Jock StewartSPE6286
Sea perch. Jock StewartSPE77,292
Sea perch. Jock StewartSPE81,134
Sea perch, Jock StewartSPE9517
Rig, spotted dogfishSPO152,073
Rig, spotted dogfishSPO26,243
Rig, spotted dogfishSPO376,348
Rig, spotted dogfishSPO724,678
Rig, spotted dogfishSPO821,318
Arrow squidSQU1J570,624
Arrow squidSQU1T643,213
Arrow squidSQU6T889,637
Smooth skateSSK135
Smooth skateSSK3544
Smooth skateSSK40
Smooth skateSSK50
Smooth skateSSK60
Smooth skateSSK7200
Smooth skateSSK819
Smooth skateSSK90
Giant stargazerSTA11,537
Giant stargazerSTA22,282
Giant stargazerSTA353,274
Giant stargazerSTA4110,180
Giant stargazerSTA5106,479
Giant stargazerSTA725,124
Giant stargazerSTA81,454
Southern bluefin tunaSTN109,289
Sea urchin, kina, sea eggSUR7,770
Sea urchin, kina, sea eggSUR3800
Sea urchin, king, sea eggSUR48,256
Sea urchin, kina, sea eggSUR59,011
Sea urchin, kina, sea eggSUR7A4,980
Sea urchin, kina, sea eggSUR7B381
Sea urchin, kina, sea eggSUR80
Silver warehouSWA137,737
Silver warehouSWA357,766
Silver warehouSWA464,234
SwordfishSWO914,221
TarakihiTAR191,030
TarakihiTAR296,411
TarakihiTAR344,927
TarakihiTAR410,691
TarakihiTAR55,723
TarakihiTAR732,760
TarakihiTAR813,952
TrevallyTRE179,366
TrevallyTRE210,699
TrevallyTRE3585
TrevallyTRE761,635
TrumpeterTRU13
TrumpeterTRU257
TrumpeterTRU3636
TrumpeterTRU4184
TrumpeterTRU540
TrumpeterTRU715
TrumpeterTRU80
TuatuaTUA0
Common (blue) warehouWAR11,759
Common (blue) warehouWAR214,432
Common (blue) warehouWAR343,896
Common (blue) warehouWAR718,398
Common (blue) warehouWAR85,633
White warehouWWA143
White warehouWWA2988
White warehouWWA312,980
White warehouWWA44,163
White warehouWWA535.837
White warehouWWA64,363
White warehouWWA72,083
White warehouWWA80
Yellow-eyed mulletYEM1146
Yellow-eyed mulletYEM25
Yellow-eyed mulletYEM30
Yellow-eyed mulletYEM70
Yellow-eyed mulletYEM80
Yellow-eyed mulletYEM90
Yellowfin tunaYFN101,078
Aquaculture 172,360

2
Amounts of settlement sum to be charged to stock

SpeciesStock or species codeSettlement sum allocated ($)
Cardinal fishCDL25,789
Ghost shark paleGSP1166
KingfishKIN1241
KingfishKIN2167
KingfishKIN33
KingfishKIN43
KingfishKIN719
KingfishKIN895
KingfishKIN103
PauaPAU68
RubyfishRBY2555
Southern blue whitingSBW6A1,912
ScampiSCI513,966
ScampiSCI7312
TuatuaTUA657
Yellow-eyed mulletYEM32
Yellow-eyed mulletYEM72
Yellow-eyed mulletYEM81
Yellow-eyed mulletYEM99

Schedule 2
Orders and rules validated

s 13

Fisheries (Cost Recovery Levies) Order 1995 (SR 1995/280)

Fisheries (Cost Recovery Levies) Order 1996 (SR 1996/267)

Fisheries (Cost Recovery Levies) Amendment Order 1997 (SR 1997/81)

Fisheries (Cost Recovery Levies) Order 1997 (SR 1997/189)

Fisheries (Cost Recovery Levies) Amendment Order 1998 (SR 1998/29)

Fisheries (Cost Recovery Levies) Order 1998 (SR 1998/278)

Fisheries (Cost Recovery Levies) Amendment Order 1998 (SR 1998/306)

Fisheries (Cost Recovery Levies) Amendment Order 1999 (SR 1999/47)

Fisheries (Cost Recovery Levies) Order 1999 (SR 1999/268)

Fisheries (Cost Recovery Levies) Amendment Order (No 2) 1999 (SR 1999/295)

Fisheries (Cost Recovery Levies) Order (No 2) 1999 (SR 1999/411)

Fisheries (Cost Recovery Levies) Amendment Order 2000 (SR 2000/159)

Fisheries (Cost Recovery Levies) Order 2000 (SR 2000/178)

Fisheries (Cost Recovery Levies) Amendment Order 2001 (SR 2001/91)

Fisheries (Cost Recovery Levies) Order 2001 (SR 2001/281)

Fisheries (Cost Recovery Levies) Amendment Order (No 2) 2001 (SR 2001/354)

Fisheries (Cost Recovery Levies) Amendment Order 2002 (SR 2002/38)


Legislative history

3 November 2003Introduction (Bill 8--1)
6 November 2003First reading and referral to Primary Production Committee
27 February 2004Reported from Primary Production Committee (Bill 85--2)
4 March 2004Second reading
16 March 2004Committee of the whole House
17 March 2004Third reading