Fisheries (Transitional Provisions) Regulations 1996

Reprint
as at 20 September 1996

Crest

Fisheries (Transitional Provisions) Regulations 1996

(SR 1996/256)

Michael Hardie Boys, Governor-General

Order in Council

At Wellington this 16th day of September 1996

Present:
The Right Hon Don McKinnon presiding in Council


Note

Changes authorised by section 17C of the Acts and Regulations Publication Act 1989 have been made in this reprint.

A general outline of these changes is set out in the notes at the end of this reprint, together with other explanatory material about this reprint.

These regulations are administered by the Ministry of Fisheries.


Pursuant to sections 297 and 354 of the Fisheries Act 1996, His Excellency the Governor-General, acting by and with the advice and consent of the Executive Council, hereby makes the following regulations.

Regulations

1 Title and commencement
  • (1) These regulations may be cited as the Fisheries (Transitional Provisions) Regulations 1996.

    (2) These regulations shall come into force on 1 October 1996.

2 Interpretation
3 Certain terms defined in 1996 Act to include meanings set out in regulations during transitional period
  • Unless the context otherwise requires, the 1996 Act shall be read subject to the following provisions:

    • (a) until the commencement of section 91 of the 1996 Act, the term commercial fisher shall include any commercial fisherman as defined in section 2(1) of the 1983 Act and the term fishing permit shall include any fishing permit as defined in that section 2(1):

    • (b) until the commencement of section 89 of the 1996 Act, the term commercial fishing shall include commercial fishing as defined in section 2(1) of the 1983 Act:

    • (c) until the commencement of section 103 of the 1996 Act, the term foreign-owned New Zealand fishing vessel shall include a foreign owned New Zealand fishing vessel as defined in section 2(1) of the 1983 Act and the term New Zealand fishing vessel shall include a New Zealand fishing vessel as defined in that section 2(1):

    • (d) until the commencement of section 66 of the 1996 Act,—

      • (i) the term quota shall include quota allocated under the 1983 Act in the form of individual transferable quota, guaranteed minimum individual transferable quota, or guaranteed minimum transferable term quota:

      • (ii) the term quota management system shall include the quota management system as defined in section 2(1) of the 1983 Act:

    • (e) until the commencement of section 24 of the 1996 Act, the term quota management area shall include any quota management area as defined in section 2(1) of the 1983 Act:

    • (f) until the commencement of section 97 of the 1996 Act, the term special permit shall include any special permit granted under section 64 of the 1983 Act:

    • (g) until the commencement of section 20 of the 1996 Act, the term stock shall include a fishery as defined in section 2(1) of the 1983 Act.

4 Provision relating to setting of total allowable commercial catch under 1983 Act
  • Once a total allowable catch has been set for any stock under section 13 or section 14 of the 1996 Act, section 28D of the 1983 Act shall, until the commencement of section 20 of the 1996 Act, be read as if every reference in that section 28D to a current total allowable catch for any species or class of fish or fishery were a reference to the current total allowable catch set under that section 13 or section 14 for the corresponding stock.

5 Obligations in section 189 of 1996 Act relating to accounts, records, returns, etc, to apply to persons referred to in section 66(1) of 1983 Act
  • Until the repeal of section 66 of the 1983 Act, sections 189 and 190 of the 1996 Act shall be read as if the classes of persons referred to in that section 189 include the classes of persons referred to in subsection (1) of that section 66.

6 Provisions in 1983 Act relating to taking of southern scallops and closure of southern scallop fishery to continue until 30 September 1998
  • Notwithstanding the repeal of Part 2B of the 1983 Act by section 314(1)(o) of the 1996 Act, section 28ZM (which relates to and prohibits the taking of southern scallops) and section 28ZZF (which relates to the closure of the southern scallop fishery) of the 1983 Act (as amended by Part 7 of Schedule 12 of the 1996 Act) shall continue to apply until the close of 30 September 1998.

Marie Shroff,
Clerk of the Executive Council.


Explanatory note

This note is not part of the regulations, but is intended to indicate their general effect.

These regulations, which come into force on 1 October 1996, contain transitional and savings provisions relating to the commencement of the Fisheries Act 1996.

Regulation 2 defines (for the purposes of the regulations) the Fisheries Act 1983 as the 1983 Act and the Fisheries Act 1996 as the 1996 Act.

Regulation 3 specifies a number of terms defined in the 1996 Act and provides that, during specified transitional periods, those terms include the meanings given to the corresponding terms under the 1983 Act.

Regulation 4 relates to the setting and variation of total allowable commercial catches under the 1983 Act. Its effect is that the Minister must use the corresponding total allowable catch set under section 13 or section 14 of the 1996 Act when setting or varying a total allowable commercial catch under the 1983 Act or recommending such action.

Regulation 5 relates to the obligations in or under sections 189 and 190 of the 1996 Act relating to the keeping of accounts, records, returns, and other information, and applies those provisions to the persons referred to in section 66(1) of the 1983 Act.

Regulation 6 continues in force until 30 September 1998 sections 28ZM and 28ZZF of 1983 Act (as amended by Part 7 of Schedule 12 of the 1996 Act) which are repealed by section 314(1)(o) of the 1996 Act as from 1 October 1996. Section 28ZM relates to and prohibits the taking of southern scallops and section 28ZZF relates to the closure of the southern scallop fishery. The effect of this regulation is that contraventions of sections 28ZM and 28ZZF will continue to be offences under section 93 of the 1983 Act.


Issued under the authority of the Acts and Regulations Publication Act 1989.

Date of notification in Gazette: 19 September 1996.


Contents

  • 1General

  • 2Status of reprints

  • 3How reprints are prepared

  • 4Changes made under section 17C of the Acts and Regulations Publication Act 1989

  • 5List of amendments incorporated in this reprint (most recent first)


Notes
1 General
  • This is a reprint of the Fisheries (Transitional Provisions) Regulations 1996. The reprint incorporates all the amendments to the regulations as at 20 September 1996, as specified in the list of amendments at the end of these notes.

    Relevant provisions of any amending enactments that contain transitional, savings, or application provisions that cannot be compiled in the reprint are also included, after the principal enactment, in chronological order. For more information, see http://www.pco.parliament.govt.nz/reprints/ .

2 Status of reprints
  • Under section 16D of the Acts and Regulations Publication Act 1989, reprints are presumed to correctly state, as at the date of the reprint, the law enacted by the principal enactment and by the amendments to that enactment. This presumption applies even though editorial changes authorised by section 17C of the Acts and Regulations Publication Act 1989 have been made in the reprint.

    This presumption may be rebutted by producing the official volumes of statutes or statutory regulations in which the principal enactment and its amendments are contained.

3 How reprints are prepared
  • A number of editorial conventions are followed in the preparation of reprints. For example, the enacting words are not included in Acts, and provisions that are repealed or revoked are omitted. For a detailed list of the editorial conventions, see http://www.pco.parliament.govt.nz/editorial-conventions/ or Part 8 of the Tables of New Zealand Acts and Ordinances and Statutory Regulations and Deemed Regulations in Force.

4 Changes made under section 17C of the Acts and Regulations Publication Act 1989
  • Section 17C of the Acts and Regulations Publication Act 1989 authorises the making of editorial changes in a reprint as set out in sections 17D and 17E of that Act so that, to the extent permitted, the format and style of the reprinted enactment is consistent with current legislative drafting practice. Changes that would alter the effect of the legislation are not permitted.

    A new format of legislation was introduced on 1 January 2000. Changes to legislative drafting style have also been made since 1997, and are ongoing. To the extent permitted by section 17C of the Acts and Regulations Publication Act 1989, all legislation reprinted after 1 January 2000 is in the new format for legislation and reflects current drafting practice at the time of the reprint.

    In outline, the editorial changes made in reprints under the authority of section 17C of the Acts and Regulations Publication Act 1989 are set out below, and they have been applied, where relevant, in the preparation of this reprint:

    • omission of unnecessary referential words (such as of this section and of this Act)

    • typeface and type size (Times Roman, generally in 11.5 point)

    • layout of provisions, including:

      • indentation

      • position of section headings (eg, the number and heading now appear above the section)

    • format of definitions (eg, the defined term now appears in bold type, without quotation marks)

    • format of dates (eg, a date formerly expressed as the 1st day of January 1999 is now expressed as 1 January 1999)

    • position of the date of assent (it now appears on the front page of each Act)

    • punctuation (eg, colons are not used after definitions)

    • Parts numbered with roman numerals are replaced with arabic numerals, and all cross-references are changed accordingly

    • case and appearance of letters and words, including:

      • format of headings (eg, headings where each word formerly appeared with an initial capital letter followed by small capital letters are amended so that the heading appears in bold, with only the first word (and any proper nouns) appearing with an initial capital letter)

      • small capital letters in section and subsection references are now capital letters

    • schedules are renumbered (eg, Schedule 1 replaces First Schedule), and all cross-references are changed accordingly

    • running heads (the information that appears at the top of each page)

    • format of two-column schedules of consequential amendments, and schedules of repeals (eg, they are rearranged into alphabetical order, rather than chronological).

5 List of amendments incorporated in this reprint (most recent first)