Fisheries (Infringement Offences) Amendment Regulations 2006

2006/238

Fisheries (Infringement Offences) Amendment Regulations 2006


Note

These regulations are administered by the Ministry of Fisheries.


  • Preamble

    At Wellington this 28th day of August 2006

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

1 Title
  • These regulations are the Fisheries (Infringement Offences) Amendment Regulations 2006.

2 Commencement
  • These regulations come into force on 10 October 2006.

3 Principal regulations amended
4 Schedule 2 amended
  • Schedule 2 is amended by—

    • (a) omitting Infringement Processing Centre, PO Box 6413, Wellington from each place where it appears and substituting [specify full address] in each case; and

    • (b) omitting First name(s):, Family name (or company name):, and Address (residential or business): and substituting Full name (or company name): and Full address (residential or business):; and

    • (c) omitting the summary of rights and substituting the information about infringement offences; and

    • (d) omitting using 1 and substituting by either; and

    • (e) omitting Westpac Trust Bank and substituting [specify bank]; and

    • (f) omitting all the words from and including Deposit slip to $[Amount paid] and substituting [Deposit slip is printed here]; and

    • (g) omitting Summary of rights and substituting Information about infringement offences; and

    • (h) omitting summary, you do not understand anything in it, and substituting information, there is something in it that you do not understand, you should; and

    • (i) omitting issue from the paragraph headed Payment of infringement fee and substituting service; and

    • (j) omitting Fish (if any) seized from you will be forfeit to the Crown on payment of the infringement fee. from the paragraph headed Payment of infringement fee and substituting 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.; and

    • (k) omitting the Note under the paragraph headed Payment of infringement fee; and

    • (l) omitting enforcement authority at the address shown on the front of this notice from the paragraph headed Further action and substituting informant at the address shown in the Note at the end of this information; and

    • (m) omitting Westpac Trust Bank from subparagraph (1) of the paragraph headed Defences and substituting [specify bank]; and

    • (n) omitting paragraph from subparagraph (2) of the paragraph headed Defences and substituting subparagraph; and

    • (o) inserting after the paragraph headed Defences the item 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.; and

    • (p) omitting address specified on the front of this notice from subparagraph (1) of the paragraph headed Right to request hearing and substituting informant at the address shown in the Note at the end of this information; and

    • (q) omitting any fish seized are forfeited to the Crown from subparagraph (4) of the paragraph headed Right to request hearing and substituting any fish or any proceeds of sale of fish seized are forfeit to the Crown; and

    • (r) omitting issue from subparagraph (1) of the paragraph headed Consequences of taking no action and substituting service; and

    • (s) omitting enforcement authority from subparagraphs (1) and (2) of the paragraph headed Consequences of taking no action and substituting informant in each case; and

    • (s) omitting address from the paragraph headed Questions and other correspondence and substituting full address.

5 Schedule 3 amended
  • (1) Schedule 3 is amended by—

    • (a) omitting Defendant details— and substituting Reminder notice served on—; and

    • (b) omitting This is an offence against regulation [insert regulation number], being an infringement offence against the Fisheries Act 1996 or regulations made pursuant to that Act. and substituting This is an infringement offence against [insert section or regulation number] of the [insert Act or regulation name].; and

    • (c) inserting (To be provided for filing in court) under Service details; and

    • (d) omitting Infringement notice, issued by:, Served by:, and On [insert date]: and substituting Infringement notice served by [method of service] on [date of service]; and

    • (e) omitting Reminder notice issued by: and On [insert date]: and substituting Reminder notice served by [method of service] at [full address of service] on [date of service]; and

    • (f) omitting , using 1 and substituting by either; and

    • (g) omitting Infringement Processing Centre, PO Box 6413, Wellington and substituting [specify full address]; and

    • (h) omitting Westpac Bank and substituting [specify bank]; and

    • (i) omitting all the words from and including Deposit slip to $[Amount paid] and substituting [Deposit slip is printed here]; and

    • (j) omitting Notes to defendant; and

    • (k) omitting these notes, there is something and substituting this information, there is something in it that; and

    • (l) adding to paragraph 1 of the information about infringement offences 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.; and

    • (m) omitting on the front page from paragraph 2(1), (2), and (3) of the information about infringement offences and substituting in the Note at the end in each case; and

    • (n) omitting address from the second Note under paragraph 2(3) of the information about infringement offences and substituting full address.

    (2) Schedule 3 is amended by adding the following subparagraph to paragraph 2 of the information about infringement offences:

    • (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.

    (3) Schedule 3 is amended by adding 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. to paragraph 3 of the information about infringement offences.

    (4) Schedule 3 is amended by omitting clause from paragraph 4(2) of the information about infringement offences and substituting paragraph.

    (5) Schedule 3 is amended by omitting the first Note under paragraph 4 of the information about infringement offences and substituting 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.

    (6) Schedule 3 is amended by omitting address shown on the front page of this notice from the second Note under paragraph 4 of the information about infringement offences and substituting Ministry of Fisheries, [specify full address].

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 amend the Fisheries (Infringement Offences) Regulations 2001. The amendments are required to reflect changes (made by the Summary Proceedings Amendment Act 2006) to the summary procedure for infringement offences in section 21 of the Summary Proceedings Act 1957.

The regulations come into force on 10 October 2006.


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

Date of notification in Gazette: 31 August 2006.