Fisheries (Registers) Regulations 2001

Reprint
as at 1 October 2011

Coat of Arms of New Zealand

Fisheries (Registers) Regulations 2001

(SR 2001/187)

Silvia Cartwright, Governor-General

Order in Council

At Wellington this 23rd day of July 2001

Present:
The Right Hon Helen Clark 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 section 297 of the Fisheries Act 1996, Her Excellency the Governor-General, acting on the advice and with the consent of the Executive Council, makes the following regulations.

Regulations

1 Title
  • These regulations are the Fisheries (Registers) Regulations 2001.

2 Commencement
  • These regulations come into force on 1 October 2001.

3 Interpretation
  • In these regulations, unless the context otherwise requires, Act means the Fisheries Act 1996.

4 Particulars to be shown in Quota Registers
  • (1) This regulation applies to each Quota Register kept under section 124 of the Act (which requires the chief executive to keep a separate Quota Register for each quota management stock).

    (2) The Quota Register kept for a quota management stock must contain the following particulars in addition to those required by section 127 of the Act:

    • (a) the email address (if any) and client number of each quota holder and each person who has a registered interest in quota for the stock:

    • (b) whether or not the stock was previously controlled by an individual catch entitlement:

    • (c) [Revoked]

    • (d) the date a caveat is removed (if applicable):

    • (e) whether or not the provisional catch history allocated to a person is subject to an appeal or the determination of an appeal is yet to be given effect to under section 52 of the Act:

    • (f) the current total number of appeals over provisional catch history comprising the appeals that have not been determined and the appeals that have been determined but have not been given effect to under section 52 of the Act:

    • (g) whether or not a person with an allocation of provisional catch history is eligible to receive quota:

    • (h) the amount of provisional catch history cancelled for each person (if any):

    • (i) whether or not the holder of quota or provisional catch history has an exemption under section 56(2) of the Act entitling the holder to hold the quota or provisional catch history even though the holder is an overseas person:

    • (j) whether or not the holder has permission under section 57(3) of the Act to hold quota or provisional catch history:

    • (k) whether or not the quota holder has consent under section 60 of the Act to hold quota in excess of the aggregation limits for the stock:

    • (l) the amount of the Crown's encumbered and unencumbered holdings of quota:

    • (m) whether or not a settlement quota interest has been registered over the quota shares and, if an interest has been registered,—

      • (i) the number of quota shares subject to the interest; and

      • (ii) the time and date of the registration of the interest; and

      • (iii) the time and date of the withdrawal of the interest, if applicable.

    Regulation 4(2)(c): revoked, on 11 November 2004, by regulation 3(1) of the Fisheries (Registers) Amendment Regulations 2004 (SR 2004/356).

    Regulation 4(2)(m): added, on 11 November 2004, by regulation 3(2) of the Fisheries (Registers) Amendment Regulations 2004 (SR 2004/356).

5 Particulars to be shown in Annual Catch Entitlement Registers
  • (1) This regulation applies to each Annual Catch Entitlement Register kept under section 124 of the Act (which requires the chief executive to keep a separate Annual Catch Entitlement Register for each quota management stock and to keep separate Annual Catch Entitlement Registers for each fishing year).

    (2) The Annual Catch Entitlement Register kept for a quota management stock for a particular fishing year must contain the following particulars in addition to those required by section 128 of the Act:

    • (a) the email address (if any) and client number of each holder of annual catch entitlement and each person who has a registered interest in annual catch entitlement:

    • (b) the date a caveat is removed (if applicable):

    • (c) whether or not annual catch entitlement has been transferred in accordance with section 369G of the Act:

    • (d) the total catch—

      • (i) reported to date for the fishing year by the commercial fisher or annual catch entitlement holder on a monthly harvest return or a monthly harvest return amendment (within the meaning of the Fisheries (Reporting) Regulations 2001); or

      • (ii) in any case where there is a conviction under section 230 or section 231 of the Act, or any regulations made under the Act, relating to a failure to furnish returns or the furnishing of false or misleading returns, as assessed by the chief executive for the relevant period—

      for the first quarter of the fishing year, the second quarter of the fishing year, the third quarter of the fishing year, and monthly for each of the remaining 3 months of the fishing year:

    • (e) the date of cancellation of forward transfers of annual catch entitlement:

    • (f) any change to a commercial fisher's reported catch as a result of reviews or appeals under section 80 of the Act:

    • (g) whether or not the holder was exempted from the requirement for consent under the overseas investment fishing provisions to acquire annual catch entitlement even though the holder is an overseas person:

    • (h) whether or not the holder obtained consent under the overseas investment fishing provisions to acquire annual catch entitlement:

    • (ha) whether or not the holder was granted permission under section 57(3) of the Act or had an exemption by declaration under section 56(2) of the Act (as those sections were in force immediately before the commencement of section 73 of the Overseas Investment Act 2005):

    • (i) the amount of allocations of annual catch entitlement made under sections 340 and 340A of the Act:

    • (j) in respect of the Crown's holdings, the total annual catch entitlement available for trading, the total annual catch entitlement unavailable for trading, and the total annual catch entitlement available under section 369G of the Act.

    Regulation 5(2)(d)(i): amended, on 1 October 2005, by regulation 3 of the Fisheries (Registers) Amendment Regulations 2005 (SR 2005/189).

    Regulation 5(2)(g): substituted, on 25 August 2005, by section 75 of the Overseas Investment Act 2005 (2005 No 82).

    Regulation 5(2)(h): substituted, on 25 August 2005, by section 75 of the Overseas Investment Act 2005 (2005 No 82).

    Regulation 5(2)(ha): inserted, on 25 August 2005, by section 75 of the Overseas Investment Act 2005 (2005 No 82).

6 Particulars to be shown in Permit Register
  • The Permit Register must contain the following particulars:

    • (a) the name, postal address, email address (if any), and client number of each permit holder:

    • (b) the name of each person who is authorised under section 89(5) of the Act to take freshwater eels or to take fish, aquatic life, or seaweed otherwise than from a vessel:

    • (c) the period for which each permit is valid:

    • (d) whether or not a permit is current or suspended:

    • (e) if a permit is suspended, the date on which the suspension took effect:

    • (f) whether or not the permit authorises the taking of stocks subject to the quota management system and non-quota management system stocks not listed in Schedule 4C of the Act:

    • (fa) details of any stocks listed in Schedule 4C of the Act that may be taken under the authority of each permit:

    • (g) the fishing methods (if any) authorised by each permit (in the case of stocks listed in Schedule 4C of the Act):

    • (h) all conditions imposed on a permit and whether any exemptions have been granted:

    • (i) the name of each person who has breached overfishing thresholds, and whether they have approval to continue despite a prohibition under section 78(2) of the Act:

    Regulation 6(f): substituted, on 11 November 2004, by regulation 4(1) of the Fisheries (Registers) Amendment Regulations 2004 (SR 2004/356).

    Regulation 6(fa): inserted, on 11 November 2004, by regulation 4(1) of the Fisheries (Registers) Amendment Regulations 2004 (SR 2004/356).

    Regulation 6(g): amended, on 11 November 2004, by regulation 4(2) of the Fisheries (Registers) Amendment Regulations 2004 (SR 2004/356).

    Regulation 6(i): amended, on 1 October 2001, by section 14(2) of the Fisheries Amendment Act 2001 (2001 No 65).

    Regulation 6(j): added, on 1 October 2001, by section 14(3) of the Fisheries Amendment Act 2001 (2001 No 65).

7 Particulars to be shown in Fishing Vessel Register
  • The Fishing Vessel Register must contain the following particulars:

    • (a) the name, postal address, email address (if any), and client number of each vessel owner and vessel operator:

    • (b) the name, postal address, and email address (if any) of each person who is a notified user of a vessel under section 104 of the Act:

    • (d) the name of each vessel:

    • (e) each vessel's registration number:

    • (f) each vessel's base port and port of registry (if any):

    • (g) the status of each vessel (that is, whether it is a New Zealand fishing vessel, a foreign-owned New Zealand fishing vessel, a fish carrier, or a vessel licensed under section 83 of the Act):

    • (h) if a vessel is a foreign-owned New Zealand fishing vessel, fish carrier, or licensed under section 83 of the Act, the flag state and port of registry of the vessel:

    • (i) the period for which each vessel is registered:

    • (j) if a vessel's registration has been cancelled, the date the cancellation took effect:

    • (k) if a licence has been issued under section 83 of the Act to fish using a vessel within the exclusive economic zone, whether the licence is suspended:

    • (l) if a licence issued under section 83 of the Act is suspended or has been revoked, the date on which the suspension or revocation took effect.

7A Particulars to be shown in Automatic Location Communicator Type Approvals Register
  • [Revoked]

    Regulation 7A: revoked, on 16 December 2010, by regulation 4 of the Fisheries (Registers) Amendment Regulations 2010 (SR 2010/405).

8 Particulars to be shown in High Seas Permit Register
  • The High Seas Permit Register must contain the following particulars:

    • (a) the name, postal address, email address (if any), and client number of each permit holder:

    • (b) the name and registration number of each vessel:

    • (c) the international radio call sign of each vessel:

    • (d) each permit holder's permit number:

    • (e) the period for which each permit is valid:

    • (f) whether or not a permit is current, suspended, or revoked:

    • (g) if a permit is suspended or has been revoked, the date the suspension or revocation took effect:

    • (h) all conditions imposed on a permit and whether any exemptions, approvals, or amendments have been granted.

    Regulation 8: added, on 1 October 2002, by regulation 3 of the Fisheries (Registers) Amendment Regulations 2002 (SR 2002/273).

9 Information to be entered in fish farmer register
  • (1) The chief executive must enter the following information in the fish farmer register:

    • (a) the address, email address (if any), and client number of each registered fish farmer:

    • (b) a unique identifier for each fish farm in relation to which a fish farmer is registered:

    • (c) the size in hectares of each fish farm in relation to which a fish farmer is registered:

    • (d) details of any conditions imposed under section 186S of the Act:

    • (e) details of any—

      • (i) variation of a fish farmer's registration under section 186W of the Act:

      • (ii) suspension of a fish farmer's registration under section 269 of the Act:

      • (iii) revocation of a fish farmer's registration under 186Y of the Act.

    (2) The information required by subclause (1) is in addition to the information required by section 186V of the Act.

    Regulation 9: added, on 1 January 2006, by regulation 3 of the Fisheries (Registers) Amendment Regulations (No 2) 2005 (SR 2005/319).

10 Information to be entered in aquaculture agreement register
  • The chief executive must enter the following information in the aquaculture agreement register:

    • (a) the name and address of the regional council in whose region the area is situated that the agreement relates to:

    • (b) a description of the space in the coastal marine area that the aquaculture agreement relates to:

    • (c) the name, address, email address (if any), and client number of each person who has requested the registration of the aquaculture agreement; and the name and client number of, and stocks held by, each quota owner who has consented:

    • (d) the stocks that the aquaculture agreement relates to:

    • (e) details of any consents given by the High Court under section 186ZG of the Act:

    • (f) the date on which the aquaculture agreement was registered:

    • (g) the coastal permit number or coastal permit application number which the aquaculture agreement relates to:

    • (h) the expiry date of the coastal permit that the aquaculture agreement relates to.

    Regulation 10: substituted, on 1 October 2011, by section 27(2) of the Fisheries Amendment Act 2011 (2011 No 68).

11 Information to be entered in compensation declarations register
  • The chief executive must enter the following information in the compensation declarations register:

    • (a) the name and address of the regional council in whose region the area is situated that the compensation declaration relates to:

    • (b) a description of the space in the coastal marine area that the compensation declaration relates to:

    • (c) the name, address, email address (if any), and client number of the person who has requested the registration of the compensation declaration; and the name and client number of, and stocks held by, each quota owner who has been provided with compensation:

    • (d) the stocks that the compensation declaration relates to:

    • (e) the date on which the compensation declaration was registered:

    • (f) the coastal permit number or coastal permit application number which the compensation declaration relates to:

    • (g) the expiry date of the coastal permit that the compensation declaration relates to.

    Regulation 11: added, on 1 October 2011, by section 27(2) of the Fisheries Amendment Act 2011 (2011 No 68).

12 Information to be entered in pre-request aquaculture agreement register
  • The chief executive must enter the following information in the pre-request aquaculture agreement register:

    • (a) the name and address of the regional council in whose region the area is situated that the agreement relates to:

    • (b) a description of the space in the coastal marine area that the pre-request aquaculture agreement relates to:

    • (c) the name, address, email address (if any), and client number of each person who has requested the registration of the pre-request aquaculture agreement; and the name and client number of, and stocks held by, each quota owner who has consented:

    • (d) the stocks that the pre-request aquaculture agreement relates to:

    • (e) the date on which the pre-request aquaculture agreement was registered:

    • (f) the coastal permit number or coastal permit application number that the pre-request aquaculture agreement relates to:

    • (g) the expiry date of the coastal permit that the pre-request aquaculture agreement relates to.

    Regulation 12: added, on 1 October 2011, by section 27(2) of the Fisheries Amendment Act 2011 (2011 No 68).

Marie Shroff,
Clerk of the Executive Council.


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

Date of notification in Gazette: 26 July 2001.


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 (Registers) Regulations 2001. The reprint incorporates all the amendments to the regulations as at 1 October 2011, 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)