Fisheries (Amateur Fishing) Amendment Regulations (No 2) 2005

  • revoked
  • Fisheries (Amateur Fishing) Amendment Regulations (No 2) 2005: revoked, on 1 February 2014, pursuant to regulation 161(1)(a) of the Fisheries (Amateur Fishing) Regulations 2013 (SR 2013/482).

Reprint
as at 1 February 2014

Fisheries (Amateur Fishing) Amendment Regulations (No 2) 2005

(SR 2005/341)

  • Fisheries (Amateur Fishing) Amendment Regulations (No 2) 2005: revoked, on 1 February 2014, pursuant to regulation 161(1)(a) of the Fisheries (Amateur Fishing) Regulations 2013 (SR 2013/482).


Note

Changes authorised by subpart 2 of Part 2 of the Legislation Act 2012 have been made in this eprint. See the notes at the end of this eprint for further details.

These regulations are administered in 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.

1 Title
2 Commencement
  • These regulations come into force on 1 March 2006.

3 Daily allowance for dredge oysters or scallops when diving if safety person on board vessel
  • (1) Regulation 19A(1) of the principal regulations is amended by omitting the words Fisheries Act 1996, and substituting the word Act.

    (2) Regulation 19A(4)(b) of the principal regulations is amended by omitting the words Fisheries Act 1996, and substituting the word Act.

4 Fish taken for hui, tangi, or other approved purpose
  • (1) The heading to regulation 27 of the principal regulations is amended by omitting the words hui, tangi, or other approved purpose, and substituting the words approved traditional non-commercial fishing use.

    (2) Regulation 27(1)(a) of the principal regulations is amended by omitting the words hui, tangi, or traditional non-commercial fishing use, and substituting the words traditional non-commercial fishing use (except a hui or tangi).

    (3) Regulation 27(2) of the principal regulations is amended by omitting the words hui, tangi, or traditional non-commercial fishing use, and substituting the words traditional non-commercial fishing use (except a hui or tangi).

5 New regulation 27A inserted
  • The principal regulations are amended by inserting, after regulation 27, the following regulation:

    27A Regulations do not apply to fish, aquatic life, or seaweed taken under authorisation for hui or tangi
    • (1) These regulations (and any other regulations made under the Act that relate to amateur fishing and impose restrictions on the taking of fish, aquatic life, or seaweed) do not apply if the fish, aquatic life, or seaweed is taken—

      • (a) for the purposes of a hui or tangi; and

      • (b) in accordance with an authorisation granted by a person or organisation specified in subclause (2); and

      • (c) in accordance with any conditions notified in the Gazette that are considered by the chief executive to be necessary for the overall conservation and management of the fishery.

      (2) The persons and organisations are—

      • (a) a marae committee, whether incorporated or not, established for the purpose of managing or operating a marae:

      • (b) a Maori Committee constituted by or under the Maori Community Development Act 1962:

      • (c) a runanga, whether incorporated or not:

      • (d) a Maori Trust Board within the meaning of the Maori Trust Boards Act 1955.

      (3) An authorisation issued by a person or organisation specified in subclause (2)—

      • (a) must be in the form set out in the Schedule; and

      • (b) must state the conditions (if any) relating to the taking of the fish, aquatic life, or seaweed; and

      • (c) may be issued only by an individual who is an authorised representative of the person or organisation; and

      • (d) may not be issued by an authorised representative unless the authorised representative's name and contact details have been notified to the nearest office of the Ministry of Fisheries.

      (4) An authorised representative may not issue an authorisation—

      • (a) unless the person or organisation for whom he or she is the authorised representative represents the tangata whenua of the area to which the authorisation relates; and

      • (b) if a Tangata Kaitiaki/Tiaki or Tangata Tiaki/Kaitiaki has been appointed under the Fisheries (Kaimoana Customary Fishing) Regulations 1998 or the Fisheries (South Island Customary Fishing) Regulations 1999, for the area to which the authorisation relates; and

      • (c) unless satisfied that the fish, aquatic life, or seaweed to be taken under the authorisation will be taken for a purpose that is neither commercial in any way nor for pecuniary gain or trade.

      (5) An authorised representative who issues an authorisation must—

      • (a) give the authorisation a unique sequential number; and

      • (b) record on the authorisation the date and time the fish, aquatic life, or seaweed is to be taken; and

      • (c) complete all parts of the authorisation except to the extent that the authorisation expressly provides otherwise; and

      • (d) keep a copy of the authorisation and produce the copy to a fishery officer if required to do so.

      (6) An authorisation issued by an authorised representative expires at the end of 48 hours after the date and time recorded on it under subclause (5)(b).

      (7) A person contravenes this subclause if—

      • (a) the person is not an authorised representative and purports to issue an authorisation as if he or she were an authorised representative; or

      • (b) the person is an authorised person and—

      • (i) issues an authorisation in breach of subclauses (3), (4), or (6); or

      • (ii) fails to comply with subclause (5).

6 Offences and penalties
  • Regulation 29(1) of the principal regulations is amended by omitting the expression or 26, and substituting the expression 26, or 27A(7).

7 New Schedule added
  • The principal regulations are amended by adding the Schedule set out in the Schedule of these regulations.


Schedule
New Schedule added

r 7

Schedule
Form for authorisation to take fish, aquatic life, or seaweed

r 27A(3)

Form
Authorisation to take fish, aquatic life, or seaweed for hui or tangi

.
.

Diane Morcom,

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 March 2006, amend the Fisheries (Amateur Fishing) Regulations 1986 (the principal regulations). The main effect of the amendments on the principal regulations is as follows:

  • regulation 19A is amended to make a drafting correction:

  • new regulation 27A is inserted to enable authorisations to take fish, aquatic life, or seaweed for the purposes of a hui or tangi to be obtained directly from a marae committee, Maori Committee, runanga, or Maori Trust Board. Previously (under regulation 27) fishers obtained authorisations from a marae committee, Maori Committee, runanga, or Maori Trust Board acting under a delegation from the chief executive. The new provision enables those bodies to grant authorisations in their own right and provides for the procedure that must be followed when granting authorisations. It also sets out offences relating to the granting of authorisations:

  • regulation 27 is consequentially amended to remove references to hui and tangi, as authorisations to take fish, aquatic life, or seaweed for those purposes are now dealt with under new regulation 27A:

  • regulation 29 (which relates to offences and penalties) is consequentially amended to insert a reference to new regulation 27A:

  • a new Schedule is added that prescribes the form that must be used for an authorisation granted under new regulation 27A.


Issued under the authority of the Legislation Act 2012.

Date of notification in Gazette: 22 December 2005.


Eprint notes
1 General
  • This is an eprint of the Fisheries (Amateur Fishing) Amendment Regulations (No 2) 2005 that incorporates all the amendments to those regulations as at the date of the last amendment to them.

2 About this eprint
  • This eprint is not an official version of the legislation under section 18 of the Legislation Act 2012.

3 Amendments incorporated in this eprint

  • 1 SR 1986/221