Fisheries (Demerit Points and Civil Penalties) Regulations 2001

Reprint
as at 11 November 2004

Crest

Fisheries (Demerit Points and Civil Penalties) Regulations 2001

(SR 2001/283)

Silvia Cartwright, Governor-General

Order in Council

At Wellington this 17th day of September 2001

Present:
Her Excellency the Governor-General 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 296ZI 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 (Demerit Points and Civil Penalties) 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

    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 of the Act

    direction means a written direction under section 296Q of the Act given by the Minister to an approved service delivery organisation (being a direction in respect of the performance or exercise by the organisation of any specified functions, duties, or powers)

    standards and specifications means the standards and specifications issued by the Minister on 13 December 2002 under section 296O of the Act (the general nature of which was indicated in a notice under section 296P of the Act that was published in the Gazette on 18 December 2002); and includes amendments to those standards and specifications.

    Regulation 3 standards and specifications: amended, on 2 October 2003, by regulation 3(a) of the Fisheries (Demerit Points and Civil Penalties) Amendment Regulations 2003 (SR 2003/230).

    Regulation 3 standards and specifications: amended, on 2 October 2003, by regulation 3(b) of the Fisheries (Demerit Points and Civil Penalties) Amendment Regulations 2003 (SR 2003/230).

4 Demerit points that may be recorded
  • (1) The Minister may record the appropriate number of demerit points listed in the second column of Schedule 1 for each failure by an approved service delivery organisation to comply with a requirement of the standards and specifications within the service definitions listed in the first column of Schedule 1.

    (2) The Minister may record the appropriate number of demerit points listed in the third column of Schedule 1 for each failure by an approved service delivery organisation to comply with a direction given under section 296Q of the Act to rectify a failure described in subclause (1).

    (3) If an approved service delivery organisation fails to comply with any direction given under section 296Q of the Act for a purpose other than that described in subclause (2), the Minister may record the following demerit points:

    • (a) 750 points; and

    • (b) an additional 1 000 points if the failure is not rectified in accordance with a subsequent direction given under section 296Q of the Act.

5 Civil penalties
  • The amount of civil penalties payable to the Crown under section 296W of the Act by an approved service delivery organisation for demerit points recorded against that organisation under regulation 4 are set out in Schedule 2.


Schedule 1
Demerit points to be recorded for failures under these regulations

r 4

Notes

  • the numbered headings and descriptions set out in the first column generally follow the service definitions set out in the standards and specifications:

  • full copies of the standards and specifications are available from the Head Office, Ministry of Fisheries, 101–103 The Terrace, PO Box 1020, Wellington.

Descriptions of requirements of standards and specifications subject to demerit pointsNumber of demerit pointsAdditional demerit points for failure to rectify breach
1Approved service delivery organisation operation  
(1)A requirement relating to all operations of the organisation (other than a requirement to comply with a written notice from the Minister)1020
(2)A requirement to comply with a written notice from the Minister7501 000
2Performance reporting  
(1)Recordkeeping requirements100250
(2)Reporting requirements100250
(3)Monitoring requirements100250
(4)Auditing requirements100250
3Relationship between approved service delivery organisation and Minister  
(1)A requirement about the relationship between the organisation and the Minister1020
(2)Dispute resolution requirements1020
4Approved forms  
(1)A requirement about Crown intervention1020
(2)A requirement about instructional materials35100
(3)A requirement about production and holding of return books1020
5System requirements and information management  
(1)A requirement about technical operating standards35100
(2)Collection requirements2035
(3)Information integrity requirements100250
(4)Change control requirements35100
(5)A requirement about portability of electronic information35100
(6)Access requirements2035
(7)Security requirements35100
(8)A requirement about retention and disposal standards2035
(9)A requirement about business continuity standards35100
(10)A requirement about evidential standards35100
(11)A requirement about the manner and form of information transfer35100
(12)A requirement about information transfer between an organisation and a service delivery agency1020
6Official information  
 A requirement about the general release of information1020
7Use of section 305A of the Act  
 A requirement about the use of section 305A of the Act1020
8Monitoring  
(1)A requirement about the preparation of monitoring reports250750
(2)A requirement about notification of suspected offending250750
9Client registration  
(1)A requirement about managing client registration1020
(2)A requirement about issuing client numbers1020
(3)A requirement about updating client details1020
(4)A requirement about cancelling client registration1020
(5)Reporting requirements1020
(6)A requirement about electronic data transfer1020
10Foreign ownership aggregation and forfeiture  
(1)Ensuring overseas persons do not purchase or own provisional catch history, quota, or annual catch entitlement2035
(2)Consequences if foreign ownership provisions are breached2035
(3)A requirement about the consequences when aggregation provisions are breached2035
(4)A requirement about forfeit property as a consequence of a civil penalty100250
(4A)A requirement about forfeit property as a consequence of a criminal conviction100250
(5)A requirement about reporting to the Ministry of Fisheries1020
11Registers  
(1)A requirement about public access to register-related information100250
(2)A requirement about Crown quota and annual catch entitlement on registers7501 000
(3)A requirement about closure of registers100250
(4)A requirement about updating registers100250
(5)A requirement about settlement quota interests on registers100250
12Quota allocation  
 A requirement about updating registers for allocation1020
13Quota and annual catch entitlement: general  
(1)A general requirement about the management of trading/transfers of quota/annual catch entitlement100250
(2)A requirement about defining types of annual catch entitlement and carry-forward calculations1020
(3)A requirement about processing BNS3 annual catch entitlement trades for Chatham Islands fishers1020
(4)A requirement about transfers of quota shares subject to settlement quota interests100250
14Caveats and mortgages  
(1)A requirement about applications for a caveat or mortgage (other than a requirement to register or vary a Crown caveat)35100
(2)A requirement to register or vary a Crown caveat under section 214 of the Act500750
(3)A requirement about adjustment of a caveat or mortgage35100
15Fishing permits  
 A requirement about maintaining the permit register35100
16Registration of vessels  
(1)A requirement about registration of vessels1020
(2)A requirement about the issue of certificates of registration and replacement certificates of registration for fishing vessels1020
(3)A requirement about the issue of vessel registration numbers1020
(4)A requirement about applications for authorisation to become a notified user1020
(5)A requirement about the registration of notified users1020
(6)A requirement about the cancellation of registration1020
(7)A requirement about the issue of replacement certificates of notification for notified users1020
(8)A requirement about the registration of fish carriers1020
(9)A requirement about the issue of replacement certificates of registration for fish carriers1020
(10)A requirement about automatic location communicators1020
(11)A requirement about the supply of cargo plans1020
(12)A requirement about the maintenance of information1020
(13)A requirement about updating the fishing vessel register1020
(14)A requirement about reporting to the Ministry1020
(15)A requirement about the transfer of high seas-related information to the service delivery organisation1020
(16)A requirement about administering the change in vessel details in relation to high seas requirements1020
17Licensed fish receivers: application and licensing  
 A requirement about applications or licensing for licensed fish receivers2035
18Reporting  
(1)A requirement about the maintenance of the database of persons required to file returns1020
(2)A requirement about issuing return books1020
(3)A requirement about the receipt of returns100250
(4)A requirement about amended returns1020
(5)A requirement about the input of data from returns100250
(5A)A requirement about data entry quality100250
(6)A requirement about processing returns when there are breaches of the Act and reporting regulation requirements100250
(7)Information requirements1020
(8)A requirement about receipt of quota management reports100250
19Catch limit information  
(1)A requirement about keeping a general database of catch limits35100
(2)General requirements for monitoring catch limits other than those for monthly/annual deemed value35100
(3)A requirement about advising fishers of catch balance against catch limits1020
20Issuing of section 80 notifications  
 A requirement about issuing section 80 notifications100250
21Amendments to catch balances  
(1)A requirement about action to be taken for late or amended catch returns35100
(2)A requirement about the discretionary power to amend section 80 notifications1020
(3)A requirement about correction of the register35100
(4)A requirement about the effect of amendments/late returns or corrections to the register on permit prohibitions1020
22Review of section 80 notifications  
 A requirement about processing applications for a review of a section 80 notification35100
23Over-fishing thresholds and tolerance levels  
(1)A requirement about identifying and actioning breaches of over-fishing thresholds100250
(2)A requirement about information transfer100250
23ARevenue  
 A requirement about payments received for service delivery agency or Ministry of Fisheries services5010
24Other failures attracting demerit points  
(1)A requirement to report a failure to comply with standards and specifications or with a direction given under section 296Q of the Act250750
(2)A requirement in standards and specifications that is not covered elsewhere in this column1020
25Approved service delivery organisation debt recovery  
 A requirement about placing or lifting sanctions as a result of approved service delivery organisation debt recovery action35100
  • Schedule 1 item 5(1): amended, on 2 October 2003, by regulation 4(1) of the Fisheries (Demerit Points and Civil Penalties) Amendment Regulations 2003 (SR 2003/230).

  • Schedule 1 item 9(6): added, on 2 October 2003, by regulation 4(2) of the Fisheries (Demerit Points and Civil Penalties) Amendment Regulations 2003 (SR 2003/230).

  • Schedule 1 item 10(4): amended, on 2 October 2003, by regulation 4(3)(a) of the Fisheries (Demerit Points and Civil Penalties) Amendment Regulations 2003 (SR 2003/230).

  • Schedule 1 item 10(4): amended, on 2 October 2003, by regulation 4(3)(b) of the Fisheries (Demerit Points and Civil Penalties) Amendment Regulations 2003 (SR 2003/230).

  • Schedule 1 item 10(4A): inserted, on 2 October 2003, by regulation 4(4) of the Fisheries (Demerit Points and Civil Penalties) Amendment Regulations 2003 (SR 2003/230).

  • Schedule 1 item 11(5): added, on 11 November 2004, by regulation 3(1) of the Fisheries (Demerit Points and Civil Penalties) Amendment Regulations 2004 (SR 2004/357).

  • Schedule 1 item 13(4): added, on 11 November 2004, by regulation 3(2) of the Fisheries (Demerit Points and Civil Penalties) Amendment Regulations 2004 (SR 2004/357).

  • Schedule 1 item 14(3): added, on 2 October 2003, by regulation 4(5) of the Fisheries (Demerit Points and Civil Penalties) Amendment Regulations 2003 (SR 2003/230).

  • Schedule 1 item 18(1): amended, on 2 October 2003, by regulation 4(6) of the Fisheries (Demerit Points and Civil Penalties) Amendment Regulations 2003 (SR 2003/230).

  • Schedule 1 item 18(5A): inserted, on 2 October 2003, by regulation 4(7) of the Fisheries (Demerit Points and Civil Penalties) Amendment Regulations 2003 (SR 2003/230).

  • Schedule 1 item 18(8): added, on 2 October 2003, by regulation 4(8) of the Fisheries (Demerit Points and Civil Penalties) Amendment Regulations 2003 (SR 2003/230).

  • Schedule 1 item 23(2): added, on 2 October 2003, by regulation 4(9) of the Fisheries (Demerit Points and Civil Penalties) Amendment Regulations 2003 (SR 2003/230).

  • Schedule 1 item 23A: inserted, on 2 October 2003, by regulation 4(10) of the Fisheries (Demerit Points and Civil Penalties) Amendment Regulations 2003 (SR 2003/230).

  • Schedule 1 item 25: added, on 11 November 2004, by regulation 3(3) of the Fisheries (Demerit Points and Civil Penalties) Amendment Regulations 2004 (SR 2004/357).

Schedule 2
Scale of civil penalties

r 5

Accumulated demerit pointsCivil penalty
250–499$25 per point ($6,250–$12,475)
500–749$30 per point ($15,000–$22,470)
750–999$40 per point ($30,000–$39,960)
1 000–1 249$50 per point ($50,000–$62,450)
1 250–1 499$60 per point ($75,000–$89,940)
1 500–1 749$70 per point ($105,000–$122,430)
1 750–1 999$80 per point ($140,000–$159,920)
over 1 999$100 per point ($199,900–$500,000)

Martin Bell,
Acting for Clerk of the Executive Council.


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

Date of notification in Gazette: 20 September 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 (Demerit Points and Civil Penalties) Regulations 2001. The reprint incorporates all the amendments to the regulations as at 11 November 2004, as specified in the list of amendments at the end of these notes.

    Relevant provisions of any amending enactments that have yet to come into force or that contain relevant transitional or savings provisions are also included, after the principal enactment, in chronological order.

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)