Part 1
Statutory functions, duties, and powers transferred on and from 1 October 2001

The functions, duties, and powers in the following sections of the Act: 22(1), (3), and (4); 23(1), (2), (4), (6), and (7); 25(6); 26(3); 36(4) and (5); 37(4); 38(3); 41(4); 47(4); 49(2); 58(1); 61(1); 63; 66; 67; 67A; 68(2) to (4), and (6); 80; 98 (but not in relation to the High Seas Permit Register); 100; 102; 103(3); 104(2) and (3); 105(1), (2), and (3); 107; 124; 126 to 130; 132; 133(4); 148; 149; 153(3); 154; 159; 160 to 163; 165; 166; 305A to 305C (but only in relation to any approval, authority, decision, licence, permission, permit, or registration given, made, or completed under a function, duty, or power transferred by this order); 341(7) (but only in relation to registering forward transfers of annual catch entitlement); 345; 347; and 348.

• Schedule: amended, on 11 November 2004, by clause 4(1) of the Fisheries (Transfer of Functions, Duties, and Powers to The New Zealand Seafood Industry Council Limited) Amendment Order 2004 (SR 2004/358).

• Schedule: amended, on 11 November 2004, by clause 4(2) of the Fisheries (Transfer of Functions, Duties, and Powers to The New Zealand Seafood Industry Council Limited) Amendment Order 2004 (SR 2004/358).

Part 2
Functions, duties, and powers in regulations transferred on and from 1 October 2001

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

• (a) regulations 5(2)(b), 5(3), and 8(2) (but only in relation to certificates for functions, duties, and powers transferred by this order) of the Fisheries (Commercial Fishing) Regulations 2001:

• (b) regulations 4(1), 5(1), and 7 of the Fisheries (Deemed Values and Notification of Balances) Regulations 2001:

• (c) the Fisheries (Registers) Regulations 2001:

• (d) regulations 5, 6, 9A, 10, and 11 of the Fisheries (Licensed Fish Receivers) Regulations 1997:

• (e) regulations 3 (in relation to client numbers), 7(1) (excluding paragraph (d)), (4)(b), (5), and (6), 14 (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), 16, 29(2)(c) and (j), 30(1)(c), 32(3) (in relation to returns that are the responsibility of SeaFIC under this order), and 39 (in relation to licensed fish receiver returns, licensed fish receiver return amendments, monthly harvest returns, and monthly harvest return amendments) of the Fisheries (Reporting) Regulations 2001:

• (f) to receive applications and notify decisions, amendments, and revocations under the Fisheries (Satellite Vessel Monitoring) Regulations 1993:

• (g) regulations 6(3), 7 to 11, 12(2), 13(2), 14, 15, 16(2) and (3), and 17 to 20 of the Fisheries (Order of Transactions) Regulations 2001.

Part 3
Non-statutory duties transferred on and from 1 October 2001

The following functions, duties, and powers:

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

• (b) to monitor fishers’ compliance with the aggregation limits in section 59 of the Act:

• (c) 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:

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

• (e) to receive applications to register fish carriers:

• (f) to allocate unique identifiers to—

  • (i) persons within section 189(a) to (e) of the Act, except the holders of special permits and the masters and owners of vessels, who apply to become clients of SeaFIC; and

  • (ii) persons within section 189(f) to (h) of the Act who apply to become clients of the Ministry; and

  • (iii) special permit holders, associated persons, masters and owners of vessels, and people who have financial dealings with the Ministry:

• (g) to collect and update information and declarations to identify the details of classes of persons referred to in paragraph (f)(i):

• (h) in relation to a function, duty, or power transferred by this order, to check against minimum requirements in the Act and standards and specifications issued by the Minister under the Act—

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

  • (ii) permissions, licences, authorisations, or approvals that have been issued:

  • (iii) returns and information referred to in section 189 of the Act:

• (i) to develop for approval forms for use in relation to any function, duty, or power transferred by this order:

• (j) to receive and make decisions, in accordance with standards and specifications set by the Minister, on applications for licensed fish receivers licences:

• (k) to manage and keep records of all declarations and permissions about the overseas status of a person, including—

  • (i) declarations made under section 56(2) of the Act; and

  • (ii) permissions granted under section 57 of the Act:

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

• (m) to receive applications to register fishing vessels:

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

• (o) to receive applications—

  • (i) to register automatic location communicators:

  • (ii) for type approvals for automatic location communicators:

• (p) to receive applications for dispensations under the Fisheries (Satellite Vessel Monitoring) Regulations 1993:

• (q) to notify the holder of a registered automatic location communicator of the cancellation of the registration:

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

  • (i) the Act and regulations made under it; and

  • (ii) the standards and specifications issued by the Minister:

• (s) to establish and use a quality assurance programme in relation to reports provided to the Minister:

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

• (u) to ensure, in relation to the functions, duties, and powers transferred by this order, that the source of a document or information received is identified:

• (v) to ensure that a document produced for the purposes of the Act is the original document:

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

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

• (y) [Revoked]

• (z) in relation to any function, duty, or power transferred by this order, to ensure that—

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

  • (ii) a document is tracked:

  • (iii) a document is maintained securely:

  • (iv) the following persons can be identified:

    • (A) persons who have or had access to documents:

    • (B) persons who have or had the ability to alter documents:

• (za) to issue licensed fish receiver return books, monthly harvest return books, licensed fish receiver amendment return forms, and monthly harvest amendment return forms:

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

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

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

• (ze) to notify the Minister of overdue licensed fish receiver returns or monthly harvest returns:

• (zf) 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:

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

• (zh) to report to the Minister errors and inconsistencies in information supplied to SeaFIC under a function, duty, or power transferred by this order and used by SeaFIC in the exercise of the function, duty, or power.

• Schedule paragraph (w): substituted, on 1 October 2001, by section 14(4) of the Fisheries Amendment Act 2001 (2001 No 65).

• Schedule paragraph (x): substituted, on 1 October 2001, by section 14(4) of the Fisheries Amendment Act 2001 (2001 No 65).

• Schedule paragraph (y): revoked, on 1 October 2001, by section 14(4) of the Fisheries Amendment Act 2001 (2001 No 65).

Part 4
Statutory duties transferred on and from 1 July 2002

The duties in section 350(3) to (6) of the Act.

Part 5
Functions, duties, and powers in regulations transferred on and from 1 July 2002

The functions, duties, and powers in regulations 8 and 9 of the Fisheries (Transitional Provisions) Regulations (No 2) 2001.

Part 5A
Statutory duties transferred on and from 11 July 2002

• Schedule Part 5A: inserted, on 11 July 2002, by clause 4(1) of the Fisheries (Transfer of Functions, Duties, and Powers to The New Zealand Seafood Industry Council Limited) Amendment Order 2002 (SR 2002/155).

The duties in sections 78(4), 78A(4)(b), 79(2)(b), and 79A(4)(b) of the Act.

Part 5B
Functions, duties, and powers in regulations transferred on and from 11 July 2002

• Schedule Part 5B: inserted, on 11 July 2002, by clause 4(1) of the Fisheries (Transfer of Functions, Duties, and Powers to The New Zealand Seafood Industry Council Limited) Amendment Order 2002 (SR 2002/155).

The functions, duties, and powers in regulation 15(1) and (2) of the Fisheries (Reporting) Regulations 2001.

Part 5C
Non-statutory functions, duties, and powers transferred on and from 11 July 2002

• Schedule Part 5C: inserted, on 11 July 2002, by clause 4(1) of the Fisheries (Transfer of Functions, Duties, and Powers to The New Zealand Seafood Industry Council Limited) Amendment Order 2002 (SR 2002/155).

The following functions, duties, and powers:

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

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

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

Part 6
Statutory functions, duties, and powers transferred on and from 1 October 2002

The functions, duties, and powers in sections 98(1)(c), 101A, 136, 138, 138A, 145, and 146 of the Act.

Part 7
Functions, duties, and powers in regulations transferred on and from 1 October 2002

The functions, duties, and powers in regulations 18(2)(b), 19(1) and (2), 20(1), and 26 of the Fisheries (Reporting) Regulations 2001.

• Schedule: amended, on 11 July 2002, by clause 4(2) of the Fisheries (Transfer of Functions, Duties, and Powers to The New Zealand Seafood Industry Council Limited) Amendment Order 2002 (SR 2002/15).

Part 8
Non-statutory duties transferred on and from 1 October 2002

The following duties:

• (a) to monitor and compare reported catch against—

  • (i) catch limits imposed on fishing permits under section 92 of the Act:

  • (ii) catch limits set under sections 11 and 15 of the Act:

  • (iii) catch limits imposed on foreign vessel licences under section 83 of the Act:

  • (iv) catch limits imposed on any special permit issued under section 97 of the Act:

  • (v) catch limits set on foreign vessel approvals under section 112 of the Act:

  • (vi) catch limits set on high seas fishing permits under section 113K of the Act:

• (b) to report to the Minister the results of the comparison under paragraph (a):

• (c) to notify eligible commercial fishers of catch against—

  • (i) catch limits imposed on fishing permits under section 92 of the Act:

  • (ii) catch limits set under section 11 of the Act:

  • (iii) catch limits set under section 15 of the Act:

  • (iv) catch limits imposed on foreign vessel licences under section 83 of the Act:

  • (v) catch limits imposed on any special permit issued under section 97 of the Act:

  • (vi) catch limits set on foreign vessel approvals under section 112 of the Act:

  • (vii) catch limits imposed as a condition of a high seas permit condition under section 113K of the Act:

• (d) to collect, process, and maintain statements of reported catch received from commercial fishers to monitor the catch limits referred to in paragraph (c) (except subparagraph (v)):

• (e) to maintain a database of persons required to furnish inventory returns or annual audit reports:

• (f) to receive and maintain a record of information from inventory returns and annual audit reports:

• (g) if a person has failed to furnish an annual inventory return or an annual audit report as required, to notify the person of the failure:

• (h) to advise the Minister of any overdue annual inventory returns and annual audit reports:

• (i) to request, if appropriate, amendments to annual inventory returns and annual audit returns, and to notify the Minister of amendments not made within the time the amendments are requested to be made:

• (j) to validate annual inventory returns and annual audit returns in accordance with standards and specifications issued by the Minister:

• (k) to monitor and compare reported catch with catch limits imposed under the Act:

• (l) to notify eligible commercial fishers of catch in relation to catch limits imposed under the Act:

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

Part 9
Statutory functions, duties, and powers transferred on and from the commencement date of the Fisheries (Transfer of Functions, Duties, and Powers to The New Zealand Seafood Industry Council Limited) Amendment Order 2004

• Schedule Part 9: added, on 11 November 2004, by clause 4(3) of the Fisheries (Transfer of Functions, Duties, and Powers to The New Zealand Seafood Industry Council Limited) Amendment Order 2004 (SR 2004/358).

The functions, duties, and powers in sections 152A and 296ZAA of the Act.