Fisheries Act 1996

232 Buying, selling, or possessing fish contrary to Act

(1)

Every person commits an offence who buys, sells, or possesses any fish, aquatic life, or seaweed taken in contravention of this Act.

(2)

Every person commits an offence who buys, sells, or possesses any fish, aquatic life, or seaweed the taking or landing of which has not been recorded or reported in accordance with this Act.

(3)

For the purposes of subsections (1) and (2), fish, aquatic life, or seaweed shall be deemed to be sold if it forms part of a meal and either—

(a)

payment is made for that meal or any part of the meal; or

(b)

the meal is supplied to any person who is employed by the person by whom the meal is supplied (whether in accordance with the terms of a contract of service or otherwise).

(4)

Every person who commits an offence against subsection (1) or subsection (2) is liable to the penalty set out in section 252(3), except that if, in the case of an individual defendant, the defendant establishes that the fish, aquatic life, or seaweed was purchased or possessed otherwise than for the purpose of sale, the penalty shall be as set out in subsection (5) of that section.

Compare: 1983 No 14 ss 97, 107; 1986 No 34 s 27(1)