Fisheries (Infringement Offences) Regulations 2001

Reprint as at 1 October 2017

Coat of Arms of New Zealand

Fisheries (Infringement Offences) Regulations 2001

(SR 2001/316)

Silvia Cartwright, Governor-General

Order in Council

At Wellington this 15th day of October 2001

Present:
Her Excellency the Governor-General in Council

Note

Changes authorised by subpart 2 of Part 2 of the Legislation Act 2012 have been made in this official reprint.

Note 4 at the end of this reprint provides a list of the amendments incorporated.

These regulations are administered by the Ministry for Primary Industries.

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 (Infringement Offences) Regulations 2001.

2 Commencement

These regulations come into force on 15 November 2001.

3 Interpretation

In these regulations, unless the context otherwise requires,—

Act means the Fisheries Act 1996

regulations means any regulations listed in Schedule 1.

4 Infringement offences

(1)

A person commits an infringement offence for the purposes of sections 260A to 260C of the Act if the person—

(a)

commits an offence against any of the regulations; and

(b)

the offence involves a contravention of, or failure to comply with, a provision listed in the first column of Schedule 1.

(2)

The various infringement offences are described in the second column of Schedule 1. In some cases, separate offences are prescribed in relation to the same provision.

5 Infringement fees

The fee specified in the third column of Schedule 1 for an infringement offence is the infringement fee for that offence.

6 Infringement notices

Every infringement notice issued under section 260A of the Act must be in the form set out in Schedule 2.

7 Infringement offence reminder notices

Every infringement offence reminder notice issued under section 260B of the Act must be in the form set out in Schedule 3.

Regulation 7: added, on 21 October 2004, by regulation 3 of the Fisheries (Infringement Offences) Amendment Regulations (No 2) 2004 (SR 2004/327).

Schedule 1 Infringement offences and fees

rr 3, 4, 5

Fisheries (Amateur Fishing) Regulations 1986 (SR 1986/221)

[Revoked]

Schedule 1 Fisheries (Amateur Fishing) Regulations 1986: revoked, on 1 February 2014, by regulation 161(2) of the Fisheries (Amateur Fishing) Regulations 2013 (SR 2013/482).

Fisheries (Auckland and Kermadec Areas Amateur Fishing) Regulations 1986 (SR 1986/222)

[Revoked]

Schedule 1 Fisheries (Auckland and Kermadec Areas Amateur Fishing) Regulations 1986: revoked, on 1 February 2014, by regulation 161(2) of the Fisheries (Amateur Fishing) Regulations 2013 (SR 2013/482).

Fisheries (Central Area Amateur Fishing) Regulations 1986 (SR 1986/223)

[Revoked]

Schedule 1 Fisheries (Central Area Amateur Fishing) Regulations 1986: revoked, on 1 February 2014, by regulation 161(2) of the Fisheries (Amateur Fishing) Regulations 2013 (SR 2013/482).

Fisheries (Challenger Area Amateur Fishing) Regulations 1986 (SR 1986/224)

[Revoked]

Schedule 1 Fisheries (Challenger Area Amateur Fishing) Regulations 1986: revoked, on 1 February 2014, by regulation 161(2) of the Fisheries (Amateur Fishing) Regulations 2013 (SR 2013/482).

Fisheries (South-East Area Amateur Fishing) Regulations 1986 (SR 1986/225)

[Revoked]

Schedule 1 Fisheries (South-East Area Amateur Fishing) Regulations 1986: revoked, on 1 February 2014, by regulation 161(2) of the Fisheries (Amateur Fishing) Regulations 2013 (SR 2013/482).

Fisheries (Southland and Sub-Antarctic Areas Amateur Fishing) Regulations 1991 (SR 1991/57)

[Revoked]

Schedule 1 Fisheries (Southland and Sub-Antarctic Areas Amateur Fishing) Regulations 1991: revoked, on 1 February 2014, by regulation 161(2) of the Fisheries (Amateur Fishing) Regulations 2013 (SR 2013/482).

Fisheries (Reporting) Regulations 2017

ProvisionDescription of offenceFee ($)
r 7(3)(a)Failing to record the required information in a fish catch report immediately after fishing starts400
r 7(3)(b)Failing to record the required information in a fish catch report immediately after fishing ends400
r 7(3)(c)Failing to record the required additional information in a fish catch report within 4 hours after fishing ends400
r 7(3)(d)Providing a fish catch report late, but before the close of the 14th day after the date on which it was due400
r 7(3)(d)Providing a fish catch report within a period starting on the 15th day after the date on which it was due and ending on the 30th day after that date750
r 8(3)Providing a non-fish species or protected fish species catch report late, but before the close of the 14th day after the date on which it was due400
r 8(3)Providing a non-fish species or protected fish species catch report within a period starting on the 15th day after the date on which it was due and ending on the 30th day after that date750
r 9(3)Providing a processing report late, but before the close of the 14th day after the date on which it was due400
r 9(3)Providing a processing report within a period starting on the 15th day after the date on which it was due and ending on the 30th day after that date750
r 10(3)(a)Failing to complete a disposal report within 1 hour after a disposal is finished400
r 10(3)(b)Providing a disposal report late, but before the close of the 14th day after the date on which it was due400
r 10(3)(b)Providing a disposal report within a period starting on the 15th day after the date on which it was due and ending on the 30th day after that date750
r 11(3)(a)Failing to record the required information in a landing report immediately after a landing is finished400
r 11(3)(b)Failing to record the required additional information in a landing report as soon as is practicable400
r 11(3)(c)(i)Providing the relevant landing report information late, but before the close of the 14th day after the date on which the information was due400
r 11(3)(c)(i)Providing the relevant landing report information within a period starting on the 15th day after the date on which it was due and ending on the 30th day after that date750
r 11(3)(c)(ii)Providing the relevant landing report information late, but before the close of the 14th day after the date on which the information was due400
r 11(3)(c)(ii)Providing the relevant landing report information within a period starting on the 15th day after the date on which it was due and ending on the 30th day after that date750
r 14(1)(b)Providing a monthly harvest return late, but before the close of the 20th day of the month in which it was due400
r 14(1)(b)Providing a monthly harvest return within a period starting on the 21st day of the month in which it was due and ending on the 15th day of the following month750
r 20(1)(b)Providing a licensed fish receiver return late, but before the close of the 20th day of the month in which it was due400
r 20(1)(b)Providing a licensed fish receiver return within a period starting on the 21st day of the month in which it was due and ending on the 15th day of the following month750
r 25(1)(b)Providing an annual audit report in December of the year it became due or in January the following year400
r 25(3)Carrying out an audit of a newly licensed fish receiver late, but within 1 month after the end of the specified period400
r 34(1)Failing to provide a client details annual update form by the due date400
r 34(3)Failing to advise of updated client details by the due date400
r 35(1)Failing to provide a licensed fish receiver details annual update form by the due date400
r 35(3)Failing to advise of updated licensed fish receiver details as soon as is practicable400
r 36Failing to record identifying information in a report400
r 39Failing to retain a report for at least 7 years400

Schedule 1 Fisheries (Reporting) Regulations 2017: inserted, on 1 October 2017, by regulation 51 of the Fisheries (Reporting) Regulations 2017 (LI 2017/154).

Schedule 2 Form of infringement notice for fisheries infringement offences

r 6

(Front)
Ministry of Fisheries
Te Tautiaki i nga tini a Tangaroa
Notice No:
Infringement notice
Issued under the authority of section 260A of the
Fisheries Act 1996
Infringement notice served on—
Full name (or company name):
Full address (residential or business):
Occupation:Date of birth:
Alleged infringement offence details
Date:Time:Day of week:
Location:Location code (if known):
Offence:Infringement fee payable:
$
Offence code (if known):
Details (if applicable)
Species:
Max allowable daily limit:
Min legal size:
Min net mesh size:
Issuing details
Issuing officer’s warrant No:
Method infringement notice served by:
Procedures for payment of infringement fee
The infringement fee is payable within 28 days after [specify date].
Important: please read the information about infringement offences printed on the back of this notice.
Infringement fees may be paid to the Ministry of Fisheries by any of the following methods [specify payment options].
Cheques should be payable to “Ministry of Fisheries” and should be crossed and marked “not transferable”.
[Deposit slip is printed here]
Information about infringement offences
(Back)
Note: if, after reading this information, there is something in it that you do not understand, you should consult a lawyer immediately.
1Payment of infringement fee
If you pay the infringement fee within 28 days after the service of this notice, no further action in respect of the infringement offence will be taken. Payment should be made to the Ministry of Fisheries in accordance with the instructions on the front page of this notice. If any fish or any proceeds of sale of fish have been seized from you, they will be forfeit to the Crown when you pay the infringement fee.
2Further action
If you wish to raise any matter relating to circumstances of the alleged offence, you should do so by writing to the informant at the address shown in the Note at the end of this information within 28 days after the service of this notice.
3Defences
(1)You have a defence against any proceedings for the offence alleged in this notice if you can prove that the infringement fee has been paid to the Ministry of Fisheries by one of the payment methods specified on the front of this notice within 28 days after you are served with a reminder notice in respect of the offence.
Note: late payment, or payment by any other method, will not be a defence.
(2)You have a further defence (in addition to that indicated in subparagraph (1) above) against proceedings relating to the alleged offence if you prove—
(a)that—
(i)the contravention was due to the act or default of another person, or to an accident or to some other cause beyond your control; and
(ii)you took reasonable precautions and exercised due diligence to avoid the contravention; and
(b)in the case of an offence concerning the taking of any fish, aquatic life, or seaweed in contravention of any provision of the Fisheries Act 1996, that you immediately returned the fish, aquatic life, or seaweed to the water from which they were taken, except where their return was prohibited by the Fisheries Act 1996 and you complied with all the material requirements of that Act in respect of the recording and reporting of the taking, return, or landing of the fish, aquatic life, or seaweed.
Note: paragraph 3(2) summarises section 241 of the Fisheries Act 1996. If you intend to use the defence summarised in paragraph 3(2), you should not rely on the summary but should get a copy of section 241.
4Right to request hearing
(1)You have the right to request a hearing. A request for a hearing must be made in writing, be signed by you, and be delivered to the informant at the address shown in the Note at the end of this information within 28 days after you have been served with this notice. If you request a hearing, you may deny liability for the offence, or admit liability and make submissions as to penalty or any other matter.
(2)If you deny liability for the offence, the Ministry of Fisheries will serve you with a notice of hearing setting out the place and time at which the matter will be heard by the court (unless the Ministry of Fisheries decides not to commence court proceedings).
Note: if the court finds you guilty of the offence, costs will be imposed in addition to any fine.
(3)If you admit liability for the offence but want the court to consider your submissions, you should, in your request for a hearing,—
(a)admit the offence; and
(b)set out the written submissions you wish to be considered by the court. The Ministry of Fisheries will then file your letter with the court (unless the Ministry of Fisheries decides not to commence court proceedings). There will be no oral hearing before the court if you follow this course of action.
Note: any costs will be imposed in addition to any fine.
(4)If you are found guilty or admit the commission of the infringement offence, then, unless the court for special reasons relating to the offence orders otherwise, any fish or any proceeds of sale of fish seized are forfeit to the Crown.
5Consequences of taking no action
(1)If you do not pay the infringement fee and do not request a hearing within 28 days after the service of this notice, you will be served with a reminder notice (unless the informant decides otherwise).
(2)If you do not pay the infringement fee and do not request a hearing in respect of the alleged infringement offence within 28 days after the service of the reminder notice, you will become liable to pay costs in addition to the infringement fee (unless the informant decides not to commence court proceedings against you).
6Questions and other correspondence
In any correspondence, please include—
(a)the date of the infringement notice; and
(b)the infringement notice number; and
(c)the course of action you are taking in respect of the alleged offence; and
(d)your full address for replies.
Note: all queries and all correspondence regarding this notice must be directed to the Ministry of Fisheries, [specify full address].
Further details of your rights and obligations are set out in section 21 of the Summary Proceedings Act 1957.

Schedule 2: amended, on 1 April 2008, by regulation 5(1) of the Fisheries (Infringement Offences) Amendment Regulations 2008 (SR 2008/27).

Schedule 2: amended, on 1 April 2008, by regulation 5(2) of the Fisheries (Infringement Offences) Amendment Regulations 2008 (SR 2008/27).

Schedule 2: amended, on 10 October 2006, by regulation 4(a) of the Fisheries (Infringement Offences) Amendment Regulations 2006 (SR 2006/238).

Schedule 2: amended, on 10 October 2006, by regulation 4(b) of the Fisheries (Infringement Offences) Amendment Regulations 2006 (SR 2006/238).

Schedule 2: amended, on 10 October 2006, by regulation 4(g) of the Fisheries (Infringement Offences) Amendment Regulations 2006 (SR 2006/238).

Schedule 2: amended, on 10 October 2006, by regulation 4(h) of the Fisheries (Infringement Offences) Amendment Regulations 2006 (SR 2006/238).

Schedule 2: amended, on 10 October 2006, by regulation 4(i) of the Fisheries (Infringement Offences) Amendment Regulations 2006 (SR 2006/238).

Schedule 2: amended, on 10 October 2006, by regulation 4(j) of the Fisheries (Infringement Offences) Amendment Regulations 2006 (SR 2006/238).

Schedule 2: amended, on 10 October 2006, by regulation 4(k) of the Fisheries (Infringement Offences) Amendment Regulations 2006 (SR 2006/238).

Schedule 2: amended, on 10 October 2006, by regulation 4(l) of the Fisheries (Infringement Offences) Amendment Regulations 2006 (SR 2006/238).

Schedule 2: amended, on 10 October 2006, by regulation 4(n) of the Fisheries (Infringement Offences) Amendment Regulations 2006 (SR 2006/238).

Schedule 2: amended, on 10 October 2006, by regulation 4(o) of the Fisheries (Infringement Offences) Amendment Regulations 2006 (SR 2006/238).

Schedule 2: amended, on 10 October 2006, by regulation 4(p) of the Fisheries (Infringement Offences) Amendment Regulations 2006 (SR 2006/238).

Schedule 2: amended, on 10 October 2006, by regulation 4(q) of the Fisheries (Infringement Offences) Amendment Regulations 2006 (SR 2006/238).

Schedule 2: amended, on 10 October 2006, by regulation 4(r) of the Fisheries (Infringement Offences) Amendment Regulations 2006 (SR 2006/238).

Schedule 2: amended, on 10 October 2006, by regulation 4(s) of the Fisheries (Infringement Offences) Amendment Regulations 2006 (SR 2006/238).

Schedule 3 Form of reminder notice for fisheries infringement offence

r 7

Schedule 3: added, on 21 October 2004, by regulation 5 of the Fisheries (Infringement Offences) Amendment Regulations (No 2) 2004 (SR 2004/327).

(Front)
Ministry of FisheriesNotice No:
Te Tautiaki i nga tini a Tangaroa
Reminder notice for fisheries infringement offence
Issued under the authority of section 21(2) of the
Summary Proceedings Act 1957
Reminder notice served on—
Full name:Date of birth:Gender:
Full address:Occupation:Telephone No:
Driver licence No:Reg No:
The informant alleges that you committed an infringement offence—
On [insert date]:At [insert time]:At [insert location]:
In that you:
This is an infringement offence against [insert section or regulation number] of the [insert Act or regulation name].
The penalty for the offence is $ [infringement fee].
Infringement notice issued by [insert issuing officer’s number]
Service details
(To be provided for filing in court)
Infringement notice served by [method of service] on [date of service]
Reminder notice served by [method of service] at [full address of service] on [date of service]
The last day for payment is [specify date], being 28 days from the date of service recorded on this notice.
   
Procedures for payment
Payment is to be made to the informant by any of the following methods: [specify payment options]
Please quote the “Notice No:” shown above in the top right corner. Cheques should be payable to “Ministry of Fisheries” and should be crossed and marked “not transferable”.
If you wish to deny the offence or wish to have the court consider submissions in respect of the offence, follow the directions contained in paragraphs 2 to 4 printed overleaf.
Important: it is in your own interests that you read the notes on the back of this form.
[Deposit slip is printed here]
(Back)
Information about infringement offences
Note: If, after reading this information, there is something in it that you do not understand, you should consult a lawyer immediately.
Note: Infringement offence notices may be issued in respect of fisheries related offences against the Fisheries Act 1996 or regulations made pursuant to that Act.
The type of infringement offence that you are alleged to have committed appears on the front of this form.
1Payment of infringement fee
If you pay the infringement fee within 28 days after the service of this notice, no further enforcement action will be taken against you. Payments should be made as per the procedures for payment shown on the front page of this notice. If any fish or any proceeds of sale of fish have been seized from you, they will be forfeit to the Crown when you pay the infringement fee.
2Further action
(1)If you wish to raise any matter relating to the circumstances of the alleged offence, you should do so by writing to the informant at the address shown in the Note at the end of this notice within 28 days after the service of this notice.
(2)If you wish to deny liability in respect of the alleged offence, you must, within 28 days after the service of this notice, write to the informant at the address shown in the Note at the end of this notice requesting a hearing in respect of the offence. The informant will then, if it decides to commence court proceedings in respect of the offence, serve you with a notice of hearing setting out the place and time at which the court will hear the matter.
Note: If the court finds you guilty of the offence, costs will be imposed in addition to any penalty.
(3)If you admit liability in respect of the alleged offence but wish to have the court consider submissions as to penalty or other matters, you must, within 28 days after the service of this notice write to the informant at the address shown in the Note at the end of this notice requesting a hearing in respect of the offence and in that same letter admit liability in respect of the offence and set out the submissions that you wish to be considered by the court. The informant will then, if it decides to commence court proceedings in respect of the offence, file your letter with the court. You are not entitled to make oral submissions to the court if you follow this course of action.
Note: Costs will be imposed in addition to any penalty.
Note: When writing, please include the date of the infringement, the reminder notice number, and your full address for replies.
(4)If you are found guilty or admit the commission of the infringement offence, then, unless the court for special reasons relating to the offence orders otherwise, any fish or any proceeds of sale of fish seized are forfeit to the Crown.
3Non-payment of fee
If you do not pay the infringement fee, and do not request a hearing in respect of the alleged infringement offence within 28 days after the service of this notice, you will become liable to pay costs in addition to a fine (unless the informant decides not to commence court proceedings against you). The fine will be equal to the amount of the infringement fee or the amount of the infringement fee remaining unpaid. If any fish or any proceeds of sale of fish have been seized from you, they are forfeit to the Crown when a copy of a reminder notice is filed, or is deemed to be filed, in court within 6 months from the time when the offence is alleged to have been committed.
4Defences
(1)You have a defence against any proceedings for the offence alleged in this notice if the infringement fee is paid to the informant by one of the payment methods specified on the front of this notice before, or within 28 days after, you are served with this notice. Late payment, or payment by any other method, will not be a defence.
(2)You have a further defence (in addition to that indicated in paragraph 4(1) above) against any proceedings for the alleged offence if you prove—
(a)that—
(i)the contravention was due to the act or default of another person, or to an accident, or to some other cause beyond your control; and
(ii)you took reasonable precautions and exercised due diligence to avoid the contravention; and
(b)in the case of an offence concerning the taking of any fish, aquatic life, or seaweed in contravention of any provision of the Fisheries Act 1996, that you immediately returned the fish, aquatic life, or seaweed to the water from which it was taken, except where return was prohibited by the Fisheries Act 1996 and you complied with all the material requirements of that Act in respect of the recording and reporting of the taking, return, or landing of the fish, aquatic life, or seaweed.
Note: Paragraph 4(2) summarises section 241 of the Fisheries Act 1996. If you intend to use the defence summarised in paragraph 4(2), you should not rely on the summary but should get a copy of section 241.
Note: All queries and correspondence regarding this infringement must be directed to the informant at the Ministry of Fisheries, [specify full address].
Payments relating to this infringement should be made in accordance with the procedure for payment shown on the front page of this notice.

Schedule 3: amended, on 1 April 2008, by regulation 6(1) of the Fisheries (Infringement Offences) Amendment Regulations 2008 (SR 2008/27).

Schedule 3: amended, on 1 April 2008, by regulation 6(2) of the Fisheries (Infringement Offences) Amendment Regulations 2008 (SR 2008/27).

Schedule 3: amended, on 1 April 2007, by regulation 5 of the Fisheries (Infringement Offences) Amendment Regulations 2007 (SR 2007/35).

Schedule 3: amended, on 10 October 2006, by regulation 5(1)(a) of the Fisheries (Infringement Offences) Amendment Regulations 2006 (SR 2006/238).

Schedule 3: amended, on 10 October 2006, by regulation 5(1)(b) of the Fisheries (Infringement Offences) Amendment Regulations 2006 (SR 2006/238).

Schedule 3: amended, on 10 October 2006, by regulation 5(1)(c) of the Fisheries (Infringement Offences) Amendment Regulations 2006 (SR 2006/238).

Schedule 3: amended, on 10 October 2006, by regulation 5(1)(d) of the Fisheries (Infringement Offences) Amendment Regulations 2006 (SR 2006/238).

Schedule 3: amended, on 10 October 2006, by regulation 5(1)(e) of the Fisheries (Infringement Offences) Amendment Regulations 2006 (SR 2006/238).

Schedule 3: amended, on 10 October 2006, by regulation 5(1)(i) of the Fisheries (Infringement Offences) Amendment Regulations 2006 (SR 2006/238).

Schedule 3: amended, on 10 October 2006, by regulation 5(1)(j) of the Fisheries (Infringement Offences) Amendment Regulations 2006 (SR 2006/238).

Schedule 3: amended, on 10 October 2006, by regulation 5(1)(k) of the Fisheries (Infringement Offences) Amendment Regulations 2006 (SR 2006/238).

Schedule 3: amended, on 10 October 2006, by regulation 5(1)(l) of the Fisheries (Infringement Offences) Amendment Regulations 2006 (SR 2006/238).

Schedule 3: amended, on 10 October 2006, by regulation 5(1)(m) of the Fisheries (Infringement Offences) Amendment Regulations 2006 (SR 2006/238).

Schedule 3: amended, on 10 October 2006, by regulation 5(1)(n) of the Fisheries (Infringement Offences) Amendment Regulations 2006 (SR 2006/238).

Schedule 3: amended, on 10 October 2006, by regulation 5(2) of the Fisheries (Infringement Offences) Amendment Regulations 2006 (SR 2006/238).

Schedule 3: amended, on 10 October 2006, by regulation 5(3) of the Fisheries (Infringement Offences) Amendment Regulations 2006 (SR 2006/238).

Schedule 3: amended, on 10 October 2006, by regulation 5(4) of the Fisheries (Infringement Offences) Amendment Regulations 2006 (SR 2006/238).

Schedule 3: amended, on 10 October 2006, by regulation 5(5) of the Fisheries (Infringement Offences) Amendment Regulations 2006 (SR 2006/238).

Schedule 3: amended, on 10 October 2006, by regulation 5(6) of the Fisheries (Infringement Offences) Amendment Regulations 2006 (SR 2006/238).

Marie Shroff,
Clerk of the Executive Council.

Issued under the authority of the Legislation Act 2012.

Date of notification in Gazette: 18 October 2001.

Reprints notes
1 General

This is a reprint of the Fisheries (Infringement Offences) Regulations 2001 that incorporates all the amendments to those regulations as at the date of the last amendment to them.

2 Legal status

Reprints are presumed to correctly state, as at the date of the reprint, the law enacted by the principal enactment and by any amendments to that enactment. Section 18 of the Legislation Act 2012 provides that this reprint, published in electronic form, has the status of an official version under section 17 of that Act. A printed version of the reprint produced directly from this official electronic version also has official status.

3 Editorial and format changes

Editorial and format changes to reprints are made using the powers under sections 24 to 26 of the Legislation Act 2012. See also http://www.pco.parliament.govt.nz/editorial-conventions/.

4 Amendments incorporated in this reprint

Fisheries (Reporting) Regulations 2017 (LI 2017/154): regulation 51

Fisheries (Amateur Fishing) Regulations 2013 (SR 2013/482): regulation 161(2)

Fisheries (Infringement Offences) Amendment Regulations 2008 (SR 2008/27)

Fisheries (Infringement Offences) Amendment Regulations 2007 (SR 2007/35)

Fisheries (Infringement Offences) Amendment Regulations 2006 (SR 2006/238)

Fisheries (Infringement Offences) Amendment Regulations (No 2) 2004 (SR 2004/327)