Fisheries (Amateur Fishing) Amendment Regulations 2010

  • revoked
  • Fisheries (Amateur Fishing) Amendment Regulations 2010: 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

Coat of Arms of New Zealand

Fisheries (Amateur Fishing) Amendment Regulations 2010

(SR 2010/294)

Anand Satyanand, Governor-General

Order in Council

At Wellington this 30th day of August 2010

Present:
His Excellency the Governor-General in Council

  • Fisheries (Amateur Fishing) Amendment Regulations 2010: 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 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, His 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 (Amateur Fishing) Amendment Regulations 2010.

2 Commencement
  • These regulations come into force on 1 October 2010.

3 Principal regulations amended
4 Interpretation
  • Regulation 3 is amended by inserting the following definition in its appropriate alphabetical order:

    amateur-fishing charter vessel operator means a person who receives payment or benefit to provide a vessel and a fishing guide in order to take fishers who are not commercial fishers on fishing trips.

5 New regulations 26A and 26B inserted
  • The following regulations are inserted before regulation 27:

    26A Registration of amateur-fishing charter vessel operator
    • (1) On and from 1 November 2010, no person may commence or continue operating as an amateur-fishing charter vessel operator unless the person is registered by the chief executive as an amateur-fishing charter vessel operator.

      (2) The chief executive must register a person as an amateur-fishing charter vessel operator on presentation of a properly completed application on an approved form accompanied by the appropriate fee specified in subclause (3).

      (3) The application fee is—

      • (a) $54 if the application is made in writing; or

      • (b) $27 if the application is made electronically.

      (4) The registration of a person as an amateur-fishing charter vessel operator expires at the close of the day that is 1 year after the date on which the person is registered.

      (5) However, a person's registration does not expire under subclause (4) until the chief executive has decided whether to re-register the person if the person has, not later than 1 month before the person's registration expires, applied to be re-registered and, at the date on which the registration would otherwise expire under subclause (4), the chief executive has not decided whether to re-register the person.

      (6) The chief executive may revoke the registration of a person as an amateur-fishing charter vessel operator if the person persistently fails to comply with the reporting obligations provided under regulation 26B, but must not do so before giving the person—

      • (a) notice in writing of the chief executive's intention to do so; and

      • (b) a reasonable opportunity to comply with the reporting obligations that have not been complied with.

      (7) The chief executive may revoke the registration of a person as an amateur-fishing charter vessel operator if the person is subject to a current prohibition order relating to fishing made by the Court.

    26B Reporting obligations of amateur-fishing charter vessel operator
    • (1) An amateur-fishing charter vessel operator must provide information to the chief executive in accordance with this regulation.

      (2) The information to be provided under this regulation—

      • (a) is the information specified for the purposes of this regulation by the chief executive by notice in the Gazette; and

      • (b) must be provided in the form and at the times specified by the chief executive in the notice given under paragraph (a).

      (3) The information that may be required by a notice under subclause (2) is information about the fishing activities of an amateur-fishing charter vessel operator, including (but not limited to)—

      • (a) details of the vessel being used; and

      • (b) where fishing has taken place and its duration; and

      • (c) the species and quantity of fish taken.

      (4) Before issuing, amending, or revoking a notice given under subclause (2), the chief executive must consult any organisations that the chief executive considers to be representative of the persons likely to be substantially affected by the notice.

6 Offences and penalties
  • Regulation 29(1) is amended by—

    • (a) omitting 7, and substituting 7 to 15,; and

    • (b) inserting 26A, 26B, after 26,.

Rebecca Kitteridge,
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 October 2010, amend the Fisheries (Amateur Fishing) Regulations 1986.

The amendments insert—

  • a definition of amateur-fishing charter vessel operator in regulation 3:

  • new regulation 26A, which requires an amateur-fishing charter vessel operator to register with the chief executive of the Ministry of Fisheries before commencing or continuing operations. This regulation applies on and from 1 November 2010:

  • new regulation 26B, which requires an amateur-fishing charter vessel operator to comply with reporting obligations specified by the chief executive of the Ministry of Fisheries by notice in the Gazette:

  • references to new regulations 26A and 26B in the regulation that provides for offences and penalties.


Issued under the authority of the Legislation Act 2012.

Date of notification in Gazette: 2 September 2010.


Reprints notes
1 General
  • This is a reprint of the Fisheries (Amateur Fishing) Amendment Regulations 2010 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
4 Amendments incorporated in this reprint