Fisheries (Transfer of Functions, Duties, and Powers to Commercial Fisheries Services Limited) Order 2013

Reprint as at 1 October 2017

Coat of Arms of New Zealand

Fisheries (Transfer of Functions, Duties, and Powers to Commercial Fisheries Services Limited) Order 2013

(SR 2013/333)

Jerry Mateparae, Governor-General

Order in Council

At Wellington this 26th day of August 2013

Present:
His 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.

This order is administered by the Ministry for Primary Industries.

Pursuant to section 296B of the Fisheries Act 1996, His Excellency the Governor-General makes the following order, acting—

(a)

on the advice and with the consent of the Executive Council; and

(b)

on the recommendation of the Minister for Primary Industries made after complying with the requirements in section 296B(1) and (3) of that Act.

Order

1 Title

This order is the Fisheries (Transfer of Functions, Duties, and Powers to Commercial Fisheries Services Limited) Order 2013.

2 Commencement

This order comes into force on 1 October 2013.

3 Interpretation

(1)

In this order, unless the context requires another meaning,—

Act means the Fisheries Act 1996

FishServe means Commercial Fisheries Services Limited

transferred function, duty, or power means a function, duty, or power of the chief executive that is transferred to FishServe by this order.

(2)

Any term or expression that is defined in the Act or regulations made under the Act and used, but not defined, in this order has the same meaning as in the Act or regulations.

4 FishServe declared to be approved service delivery organisation

FishServe is declared to be an approved service delivery organisation for the period starting on 1 October 2013 and ending on 30 September 2023.

5 Transfer of chief executive’s functions, duties, and powers to FishServe

The chief executive’s functions, duties, and powers listed in the Schedule are transferred to FishServe on and from 1 October 2013.

6 Certain information and data of FishServe are property of the Crown

All information and data received, held, or generated by FishServe in relation to the performance or exercise of the transferred functions, duties, and powers are the property of the Crown.

7 Rights of the Crown in relation to certain information and data of FishServe

(1)

This clause applies to all information and data received, held, or generated by FishServe in relation to the performance or exercise of the transferred functions, duties, and powers.

(2)

The Crown has, and FishServe must provide to the Crown, at no cost to the Crown, access to the information and data in accordance with standards and specifications issued by the Minister under the Act.

(3)

The Crown has full rights to use the information and data.

(4)

Without limiting subclause (3), the Crown may use the information and data for 1 or more of the following purposes:

(a)

to further the purpose of the Act:

(b)

to undertake research on matters related to the Act:

(c)

to provide public access to the information and data as required by the Act:

(d)

to comply with requirements under the Overseas Investment Act 2005:

(e)

to comply with legislative requirements relating to archives and statistics.

(5)

This clause does not limit clause 6.

Schedule Functions, duties, and powers transferred to FishServe

cl 5

Part 1 Statutory functions, duties, and powers transferred

The functions, duties, and powers in the following sections of the Act:

(45)

sections 305A to 305C, but only in relation to any approval, authority, decision, licence, permission, permit, or registration given, made, or completed under a transferred function, duty, or power:

(46)

section 341(7), but only in relation to registering forward transfers of annual catch entitlement:

Part 2 Functions, duties, and powers in regulations transferred

The functions, duties, and powers in the following regulations:

(1)

in the Fisheries (Commercial Fishing) Regulations 2001,—

(b)

regulation 8(2), but only in relation to certificates for transferred functions, duties, and powers:

(6)

in the Fisheries (Reporting) Regulations 2017,—

(a)

regulation 3, in relation to client numbers:

(b)

regulation 13 (except subclause (1)(d)):

(f)

regulation 34, in relation to the persons specified in section 189(a) to (e) of the Act, but excluding holders of special permits and masters and owners of vessels:

(h)

regulation 44, in relation to reports that are the responsibility of FishServe under this order:

(7)

in the Fisheries (Geospatial Position Reporting) Regulations 2017,—

(b)

the power in regulation 7(4) to cancel the registration of a geospatial position reporting device:

(c)

the function, duty, or power to receive applications and notify decisions, amendments, and revocations under the regulations.

Schedule Part 2 item (6): replaced, on 1 October 2017, by regulation 51 of the Fisheries (Reporting) Regulations 2017 (LI 2017/154).

Schedule Part 2 item (7): replaced, on 1 October 2017, by regulation 13 of the Fisheries (Geospatial Position Reporting) Regulations 2017 (LI 2017/155).

Part 3 Non-statutory functions, duties, and powers transferred

The following functions, duties, and powers:

(1)

to monitor fishers’ compliance with the aggregation limits in section 59 of the Act:

(2)

to monitor fishers’ compliance with minimum holdings required by section 74 of the Act:

(3)

to collect information from owners of individual transferable quota and annual catch entitlement before registering transfers of individual transferable quota and annual catch entitlement under sections 132 and 133 of the Act:

(4)

to receive applications for exemption from prohibitions imposed because of breaches of over-fishing thresholds:

(5)

to receive applications to register fish carriers:

(6)

to allocate unique identifiers to—

(a)

persons specified in section 189(a) to (e) of the Act; and

(b)

persons specified in section 189(f) to (j) of the Act who apply to become clients of the Ministry; and

(c)

associated persons, masters and owners of vessels, and people who have financial dealings with the Ministry:

(7)

to collect and update information and declarations to identify the details of classes of persons referred to in paragraph (6)(a):

(8)

in relation to a transferred function, duty, or power, to check the following against minimum requirements in the Act and standards and specifications issued by the Minister under the Act:

(a)

transactions (including applications for permissions, licences, authorisations, approvals, and dealings with quota or annual catch entitlements):

(b)

permissions, licences, authorisations, or approvals that have been issued:

(c)

returns and information referred to in section 189 of the Act:

(9)

to develop for approval forms for use in relation to any transferred function, duty, or power:

(10)

to receive and make decisions on applications for licensed fish receivers’ licences in accordance with standards and specifications set by the Minister:

(11)

to manage and keep records of any consents granted for overseas investments in fishing quota under the overseas investment fishing provisions of the Act:

(12)

to notify persons who are exempt from minimum holding requirements under section 74(2) of the Act:

(13)

to receive applications to register fishing vessels:

(14)

to monitor overfishing thresholds and determine when conditions imposed under section 78(2) of the Act take effect:

(15)

to notify the relevant persons when conditions imposed under section 78(2) or 78A(1) of the Act cease to apply:

(16)

to administer approvals granted, or conditions imposed, under section 78(6) of the Act:

(17)

to notify applicants of a consent given under section 103(4) of the Act:

(18)

to receive applications to register geospatial position reporting devices:

(19)

to receive applications for exemptions under the Fisheries (Geospatial Position Reporting) Regulations 2017:

(20)

to notify the holder of a registered geospatial position reporting device of the cancellation of the registration:

(21)

to provide the Minister with statements, reports, agreements, particulars, performance reports, or other information in respect of the transferred functions, duties, and powers to assure the Minister that the functions, duties, and powers are being delivered in accordance with—

(a)

the Act and regulations made under it; and

(b)

the standards and specifications issued by the Minister:

(22)

to establish and use a quality assurance programme in relation to reports provided to the Minister:

(23)

to appoint a qualified auditor to audit information to be supplied to the Minister under section 296ZC of the Act:

(24)

to ensure, in relation to the transferred functions, duties, and powers, that the source of a document or information received is identified:

(25)

to ensure that a document produced for the purposes of the Act is the original document:

(26)

to record on the Permit Register conditions imposed under any of sections 78(2) and (6) and 78A(1) of the Act:

(27)

to record on the Permit Register when conditions imposed under any of sections 78(2) and (6) and 78A(1) of the Act cease to apply under section 78(9) or are removed under section 78B of the Act:

(28)

in relation to any transferred function, duty, or power, to ensure that—

(a)

the date and time at which a document was received, used, or generated is recorded:

(b)

a document is tracked:

(c)

a document is maintained securely:

(d)

the following persons can be identified:

(i)

persons who have or had access to documents:

(ii)

persons who have or had the ability to alter documents:

(29)

to issue licensed fish receiver return books, monthly harvest return books, licensed fish receiver amendment return forms, and monthly harvest amendment return forms:

(30)

to maintain a database of persons required to furnish licensed fish receiver returns and monthly harvest returns:

(31)

to receive licensed fish receiver returns, licensed fish receiver returns amendments, monthly harvest returns, and monthly harvest returns amendments, and maintain a computerised record of information in them:

(32)

to notify a person who has failed to comply with the requirements to furnish a licensed fish receiver return or a monthly harvest return:

(33)

to notify the Minister of overdue licensed fish receiver returns or monthly harvest returns:

(34)

to request, if appropriate, amendments to licensed fish receiver returns or monthly harvest returns, and to notify the Minister of amendments not made within the time the amendments are requested to be made:

(35)

to validate licensed fish receiver returns and monthly harvest returns in accordance with standards and specifications issued by the Minister:

(36)

to report to the Minister errors and inconsistencies in information supplied to FishServe under a transferred function, duty, or power and used by FishServe in the exercise of the function, duty, or power:

(37)

to monitor and compare reported catch against—

(a)

catch limits imposed on fishing permits under section 92 of the Act:

(b)

catch limits set under sections 11 and 15 of the Act:

(c)

catch limits imposed on foreign vessel licences under section 83 of the Act:

(d)

catch limits imposed on any special permit issued under section 97 of the Act:

(e)

catch limits set on foreign vessel approvals under section 112 of the Act:

(f)

catch limits imposed on a high seas fishing permit under section 113K of the Act:

(38)

to report to the Minister the results of the comparison under paragraph (37):

(39)

to notify eligible commercial fishers of catch against—

(a)

catch limits imposed on fishing permits under section 92 of the Act:

(b)

catch limits set under sections 11 and 15 of the Act:

(c)

catch limits imposed on foreign vessel licences under section 83 of the Act:

(d)

catch limits imposed on any special permit issued under section 97 of the Act:

(e)

catch limits set on foreign vessel approvals under section 112 of the Act:

(f)

catch limits imposed on a high seas fishing permit under section 113K of the Act:

(40)

to collect, process, and maintain statements of reported catch received from commercial fishers to monitor the catch limits referred to in paragraph (39) (except paragraph (39)(e)):

(41)

to monitor and compare reported catch with catch limits imposed under the Act:

(42)

to notify eligible commercial fishers of catch in relation to catch limits imposed under the Act:

(43)

to collect, process, and maintain statements of reported catch from commercial fishers for the purpose of monitoring catch limits imposed under the Act.

Schedule Part 2 item (18): replaced, on 1 October 2017, by regulation 13 of the Fisheries (Geospatial Position Reporting) Regulations 2017 (LI 2017/155).

Schedule Part 2 item (19): replaced, on 1 October 2017, by regulation 13 of the Fisheries (Geospatial Position Reporting) Regulations 2017 (LI 2017/155).

Schedule Part 2 item (20): replaced, on 1 October 2017, by regulation 13 of the Fisheries (Geospatial Position Reporting) Regulations 2017 (LI 2017/155).

Rebecca Kitteridge,
Clerk of the Executive Council.

Issued under the authority of the Legislation Act 2012.

Date of notification in Gazette: 29 August 2013.

Reprints notes
1 General

This is a reprint of the Fisheries (Transfer of Functions, Duties, and Powers to Commercial Fisheries Services Limited) Order 2013 that incorporates all the amendments to that order as at the date of the last amendment to it.

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 (Geospatial Position Reporting) Regulations 2017 (LI 2017/155): regulation 13

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