Fisheries Amendment Act 2012

Coat of Arms of New Zealand

Fisheries Amendment Act 2012

Public Act2012 No 63
Date of assent30 August 2012
Commencementsee section 2

The Parliament of New Zealand enacts as follows:

1 Title
  • This Act is the Fisheries Amendment Act 2012.

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

3 Principal Act amended
4 Provisions relating to notified users of fishing vessels
  • (1) Section 104 is amended by repealing subsection (3) and substituting the following subsection:

    • (3) No person may be a notified user in relation to a foreign-owned New Zealand fishing vessel.

    (2) Section 104(5) is repealed.

5 New section 302A inserted
  • The following section is inserted after section 302:

    302A Gazette notices may be consolidated
    • (1) The Minister may publish a notice in the Gazette

      • (a) that revokes 1 or more notices that were given under this Act by the Minister and were required to be published in the Gazette; and

      • (b) that otherwise has the same effect as the revoked notices had immediately before they were revoked.

      (2) The chief executive may publish a notice in the Gazette

      • (a) that revokes 1 or more notices that were given under this Act by the chief executive and were required to be published in the Gazette; and

      • (b) that otherwise has the same effect as the revoked notices had immediately before they were revoked.

      (3) Each part of the new notice that has the same effect as a part of a revoked notice that was given under a particular provision of this Act must be treated as having been given under that provision.

      (4) Any prerequisites for publication of the new notice must be treated as having been satisfied, but only to the extent that the prerequisites for publication of the revoked notices were satisfied when they were published.

      (5) A revoked notice continues to have effect, as if it had not been revoked, on any matter in a period to which the revoked notice applied.

      (6) In this section, in any particular case,—

      new notice means—

      • (a) the notice published by the Minister under subsection (1) to replace the revoked notices; or

      • (b) the notice published by the chief executive under subsection (2) to replace the revoked notices

      revoked notices means—

      • (a) the 1 or more notices revoked by the Minister's new notice under subsection (1)(a); or

      • (b) the 1 or more notices revoked by the chief executive's new notice under subsection (2)(a).

6 Certain notices to have status of regulations
7 Validation of existing notified users
  • Any recognition of a person as a notified user under section 104(2) of the principal Act before the commencement of this Act, to the extent that it did not satisfy the requirement in section 104(3)(b) of the principal Act, is validated and is to be treated as always having been lawful.


Legislative history

22 August 2012Divided from Regulatory Reform Bill (Bill 269–2) by committee of the whole House as Bill 269–3F
23 August 2012Third reading
30 August 2012Royal assent

This Act is administered by the Ministry for Primary Industries.