Explanatory note
This note is not part of the regulations, but is intended to indicate their general effect.
These regulations update terminology used in the former regulations and replace some requirements. In particular, these regulations replace a requirement to use automated location communicators with a requirement to use geospatial position reporting devices. The new requirement applies to New Zealand fishing vessels, foreign licensed fishing vessels, registered fish carriers, other vessels used in commercial fishing, and land-based fishing operations.
Under the former regulations, only some fishing vessels were required to provide the Ministry for Primary Industries (the Ministry) with detailed position reporting. For example, vessels over 28 m long or vessels used in the orange roughy or scampi fisheries had to carry and use automated location communicators, but the requirement did not apply to many smaller vessels and did not apply at all to land-based commercial fisheries. The position of events will be recorded automatically and securely transmitted to an agreed standard. This information will provide verification of fishing activity location for all commercial fishers. These regulations also include provision for situations where equipment malfunctions.
Regulation 2 provides that the regulations come into force on 1 October 2017. However, provisions in Schedule 1 enable vessels to comply with the applicable requirements in either the former regulations or these regulations during the period between 1 October 2017 and 31 March 2018, except vessels that have an overall length that exceeds 28 m and are being used in fishing with a trawl net. The latter vessels must comply with these regulations on and from 1 October 2017.
Regulation 4 provides that the transitional, savings, and related provisions set out in Schedule 1 have effect according to their terms.
Regulation 5 replaces regulation 3 of the former regulations and specifies the vessels and persons required to carry and operate a geospatial position reporting device. A device must be carried and operated by—
New Zealand fishing vessels (without the exceptions in the former regulations):
foreign licensed fishing vessels:
registered fish carriers:
other vessels used for commercial fishing:
commercial fishers who fish without a vessel (for example, fishing inshore without a vessel for eel, rock lobster, or paua).
Regulation 6 replaces regulation 4 of the former regulations with a similar provision. This regulation empowers the chief executive of the Ministry to issue circulars specifying the standards and requirements that apply to geospatial position reporting devices. Before issuing a circular, the chief executive must consult any persons considered by him or her to be representative of the classes of persons likely to be substantially affected by the circular.
Regulation 7 replaces regulation 6 of the former regulations with a similar provision. This regulation provides for the registration of geospatial position reporting devices on application made to the chief executive, but does not carry over the former requirement that the chief executive assess whether the device complies with the relevant technical standards.
Regulation 8 replaces regulation 7 of the former regulations with a similar provision. This regulation makes the operator and master of a vessel or fish carrier referred to in regulation 5(1) and every commercial fisher referred to in regulation 5(2) responsible for ensuring compliance with the requirements of these regulations.
Regulation 9 replaces regulation 8 of the former regulations with a similar provision. This regulation prescribes offences and penalties for specified breaches of the regulations. A person who commits an offence against these regulations is liable on conviction to a fine not exceeding $100,000 and, if the offence is a continuing one, to a further fine not exceeding $1,000 for each day during which the offence is continued.
Regulation 10 replaces regulation 9 of the former regulations with a similar provision. This regulation provides that a person has a defence to prosecution for an offence against these regulations if the person can prove that the offence occurred as a result of an accident, or a mechanical or technical failure (other than a mechanical or technical failure of a nature that could have been avoided with adequate maintenance), so long as the person acted reasonably in the circumstances.
Regulation 11 replaces regulation 10 of the former regulations with a similar provision. This regulation empowers the chief executive to grant an exemption from the obligation to comply with a requirement of these regulations in any case if satisfied that it is unreasonable or impracticable for any person or vessel to comply with the requirement.
Regulation 13 and Schedule 2 consequentially amend 3 fisheries legislative instruments to align them with new terminology and relevant cross-references in these regulations.
Schedule 1 contains transitional and savings provisions. That schedule provides that—
automatic location communicators registered under regulation 6 of the former regulations must be treated as if they were registered under these regulations:
vessels referred to in regulation 5(1), except vessels that have an overall length that exceeds 28 m and that are being used in fishing with a trawl net, can comply with the applicable requirements in either the former regulations or these regulations during the period 1 October 2017 to 31 March 2018:
a fishing vessel or fish carrier that is at sea when these regulations come into force can operate as if the former regulations were still in force, so that there is no need to comply with any new requirements in these regulations until the vessel or carrier returns to port:
a commercial fisher who is fishing when these regulations come into force need not comply with these regulations until the end of the fishing trip.
Regulatory impact statement
The Ministry for Primary Industries produced a regulatory impact statement on 30 May 2017 to help inform the decisions taken by the Government relating to the contents of this instrument.
A copy of this regulatory impact statement can be found at—