Fisheries (Demerit Points and Civil Penalties) Regulations 2001
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Reprint as at 1 October 2017
Fisheries (Demerit Points and Civil Penalties) Regulations 2001
(SR 2001/283)
Silvia Cartwright, Governor-General
Order in Council
At Wellington this 17th day of September 2001
Present:
Her 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.
These regulations are administered by the Ministry for Primary Industries.
Pursuant to section 296ZI of the Fisheries Act 1996, Her 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 (Demerit Points and Civil Penalties) Regulations 2001.
2 Commencement
These regulations come into force on 1 October 2001.
3 Interpretation
In these regulations, unless the context otherwise requires,—
Act means the Fisheries Act 1996
approved service delivery organisation means a person declared to be an approved service delivery organisation, and to whom any specified functions, duties, or powers of the chief executive have been transferred under section 296B of the Act
direction means a written direction under section 296Q of the Act given by the Minister to an approved service delivery organisation (being a direction in respect of the performance or exercise by the organisation of any specified functions, duties, or powers)
standards and specifications means the standards and specifications issued by the Minister on 13 December 2002 under section 296O of the Act (the general nature of which was indicated in a notice under section 296P of the Act that was published in the Gazette on 18 December 2002); and includes amendments to those standards and specifications.
Regulation 3 standards and specifications: amended, on 2 October 2003, by regulation 3(a) of the Fisheries (Demerit Points and Civil Penalties) Amendment Regulations 2003 (SR 2003/230).
Regulation 3 standards and specifications: amended, on 2 October 2003, by regulation 3(b) of the Fisheries (Demerit Points and Civil Penalties) Amendment Regulations 2003 (SR 2003/230).
4 Demerit points that may be recorded
(1)
The Minister may record the appropriate number of demerit points listed in the second column of Schedule 1 for each failure by an approved service delivery organisation to comply with a requirement of the standards and specifications within the service definitions listed in the first column of Schedule 1.
(2)
The Minister may record the appropriate number of demerit points listed in the third column of Schedule 1 for each failure by an approved service delivery organisation to comply with a direction given under section 296Q of the Act to rectify a failure described in subclause (1).
(3)
If an approved service delivery organisation fails to comply with any direction given under section 296Q of the Act for a purpose other than that described in subclause (2), the Minister may record the following demerit points:
(a)
750 points; and
(b)
an additional 1 000 points if the failure is not rectified in accordance with a subsequent direction given under section 296Q of the Act.
5 Civil penalties
The amount of civil penalties payable to the Crown under section 296W of the Act by an approved service delivery organisation for demerit points recorded against that organisation under regulation 4 are set out in Schedule 2.
Schedule 1 Demerit points to be recorded for failures under these regulations
Notes—
the numbered headings and descriptions set out in the first column generally follow the service definitions set out in the standards and specifications:
full copies of the standards and specifications are available from the Head Office, Ministry of Fisheries, 101–103 The Terrace, PO Box 1020, Wellington.
| Descriptions of requirements of standards and specifications subject to demerit points | Number of demerit points | Additional demerit points for failure to rectify breach | |
|---|---|---|---|
| 1 | Approved service delivery organisation operation | ||
| (1) | A requirement relating to all operations of the organisation (other than a requirement to comply with a written notice from the Minister) | 10 | 20 |
| (2) | A requirement to comply with a written notice from the Minister | 750 | 1 000 |
| 2 | Performance reporting | ||
| (1) | Recordkeeping requirements | 100 | 250 |
| (2) | Reporting requirements | 100 | 250 |
| (3) | Monitoring requirements | 100 | 250 |
| (4) | Auditing requirements | 100 | 250 |
| 3 | Relationship between approved service delivery organisation and Minister | ||
| (1) | A requirement about the relationship between the organisation and the Minister | 10 | 20 |
| (2) | Dispute resolution requirements | 10 | 20 |
| 4 | Approved forms | ||
| (1) | A requirement about Crown intervention | 10 | 20 |
| (2) | A requirement about instructional materials | 35 | 100 |
| (3) | A requirement about production and holding of return books | 10 | 20 |
| 5 | System requirements and information management | ||
| (1) | A requirement about technical operating standards | 35 | 100 |
| (2) | Collection requirements | 20 | 35 |
| (3) | Information integrity requirements | 100 | 250 |
| (4) | Change control requirements | 35 | 100 |
| (5) | A requirement about portability of electronic information | 35 | 100 |
| (6) | Access requirements | 20 | 35 |
| (7) | Security requirements | 35 | 100 |
| (8) | A requirement about retention and disposal standards | 20 | 35 |
| (9) | A requirement about business continuity standards | 35 | 100 |
| (10) | A requirement about evidential standards | 35 | 100 |
| (11) | A requirement about the manner and form of information transfer | 35 | 100 |
| (12) | A requirement about information transfer between an organisation and a service delivery agency | 10 | 20 |
| 6 | Official information | ||
| A requirement about the general release of information | 10 | 20 | |
| 7 | Use of section 305A of the Act | ||
| A requirement about the use of section 305A of the Act | 10 | 20 | |
| 8 | Monitoring | ||
| (1) | A requirement about the preparation of monitoring reports | 250 | 750 |
| (2) | A requirement about notification of suspected offending | 250 | 750 |
| 9 | Client registration | ||
| (1) | A requirement about managing client registration | 10 | 20 |
| (2) | A requirement about issuing client numbers | 10 | 20 |
| (3) | A requirement about updating client details | 10 | 20 |
| (4) | A requirement about cancelling client registration | 10 | 20 |
| (5) | Reporting requirements | 10 | 20 |
| (6) | A requirement about electronic data transfer | 10 | 20 |
| 10 | Foreign ownership aggregation and forfeiture | ||
| (1) | Ensuring overseas persons do not purchase or own provisional catch history, quota, or annual catch entitlement | 20 | 35 |
| (2) | Consequences if foreign ownership provisions are breached | 20 | 35 |
| (3) | A requirement about the consequences when aggregation provisions are breached | 20 | 35 |
| (4) | A requirement about forfeit property as a consequence of a civil penalty | 100 | 250 |
| (4A) | A requirement about forfeit property as a consequence of a criminal conviction | 100 | 250 |
| (5) | A requirement about reporting to the Ministry of Fisheries | 10 | 20 |
| 11 | Registers | ||
| (1) | A requirement about public access to register-related information | 100 | 250 |
| (2) | A requirement about Crown quota and annual catch entitlement on registers | 750 | 1 000 |
| (3) | A requirement about closure of registers | 100 | 250 |
| (4) | A requirement about updating registers | 100 | 250 |
| (5) | A requirement about settlement quota interests on registers | 100 | 250 |
| 12 | Quota allocation | ||
| A requirement about updating registers for allocation | 10 | 20 | |
| 13 | Quota and annual catch entitlement: general | ||
| (1) | A general requirement about the management of trading/transfers of quota/annual catch entitlement | 100 | 250 |
| (2) | A requirement about defining types of annual catch entitlement and carry-forward calculations | 10 | 20 |
| (3) | A requirement about processing BNS3 annual catch entitlement trades for Chatham Islands fishers | 10 | 20 |
| (4) | A requirement about transfers of quota shares subject to settlement quota interests | 100 | 250 |
| 14 | Caveats and mortgages | ||
| (1) | A requirement about applications for a caveat or mortgage (other than a requirement to register or vary a Crown caveat) | 35 | 100 |
| (2) | A requirement to register or vary a Crown caveat under section 214 of the Act | 500 | 750 |
| (3) | A requirement about adjustment of a caveat or mortgage | 35 | 100 |
| 15 | Fishing permits | ||
| A requirement about maintaining the permit register | 35 | 100 | |
| 16 | Registration of vessels | ||
| (1) | A requirement about registration of vessels | 10 | 20 |
| (2) | A requirement about the issue of certificates of registration and replacement certificates of registration for fishing vessels | 10 | 20 |
| (3) | A requirement about the issue of vessel registration numbers | 10 | 20 |
| (4) | A requirement about applications for authorisation to become a notified user | 10 | 20 |
| (5) | A requirement about the registration of notified users | 10 | 20 |
| (6) | A requirement about the cancellation of registration | 10 | 20 |
| (7) | A requirement about the issue of replacement certificates of notification for notified users | 10 | 20 |
| (8) | A requirement about the registration of fish carriers | 10 | 20 |
| (9) | A requirement about the issue of replacement certificates of registration for fish carriers | 10 | 20 |
| (10) | A requirement about geospatial position reporting devices | 10 | 20 |
| (11) | A requirement about the supply of cargo plans | 10 | 20 |
| (12) | A requirement about the maintenance of information | 10 | 20 |
| (13) | A requirement about updating the fishing vessel register | 10 | 20 |
| (14) | A requirement about reporting to the Ministry | 10 | 20 |
| (15) | A requirement about the transfer of high seas-related information to the service delivery organisation | 10 | 20 |
| (16) | A requirement about administering the change in vessel details in relation to high seas requirements | 10 | 20 |
| 17 | Licensed fish receivers: application and licensing | ||
| A requirement about applications or licensing for licensed fish receivers | 20 | 35 | |
| 18 | Reporting | ||
| (1) | A requirement about the maintenance of the database of persons required to file returns | 10 | 20 |
| (2) | A requirement about issuing return books | 10 | 20 |
| (3) | A requirement about the receipt of returns | 100 | 250 |
| (4) | A requirement about amended returns | 10 | 20 |
| (5) | A requirement about the input of data from returns | 100 | 250 |
| (5A) | A requirement about data entry quality | 100 | 250 |
| (6) | A requirement about processing returns when there are breaches of the Act and reporting regulation requirements | 100 | 250 |
| (7) | Information requirements | 10 | 20 |
| (8) | A requirement about receipt of quota management reports | 100 | 250 |
| 19 | Catch limit information | ||
| (1) | A requirement about keeping a general database of catch limits | 35 | 100 |
| (2) | General requirements for monitoring catch limits other than those for monthly/annual deemed value | 35 | 100 |
| (3) | A requirement about advising fishers of catch balance against catch limits | 10 | 20 |
| 20 | Issuing of section 80 notifications | ||
| A requirement about issuing section 80 notifications | 100 | 250 | |
| 21 | Amendments to catch balances | ||
| (1) | A requirement about action to be taken for late or amended catch returns | 35 | 100 |
| (2) | A requirement about the discretionary power to amend section 80 notifications | 10 | 20 |
| (3) | A requirement about correction of the register | 35 | 100 |
| (4) | A requirement about the effect of amendments/late returns or corrections to the register on permit prohibitions | 10 | 20 |
| 22 | Review of section 80 notifications | ||
| A requirement about processing applications for a review of a section 80 notification | 35 | 100 | |
| 23 | Over-fishing thresholds and tolerance levels | ||
| (1) | A requirement about identifying and actioning breaches of over-fishing thresholds | 100 | 250 |
| (2) | A requirement about information transfer | 100 | 250 |
| 23A | Revenue | ||
| A requirement about payments received for service delivery agency or Ministry of Fisheries services | 50 | 10 | |
| 24 | Other failures attracting demerit points | ||
| (1) | A requirement to report a failure to comply with standards and specifications or with a direction given under section 296Q of the Act | 250 | 750 |
| (2) | A requirement in standards and specifications that is not covered elsewhere in this column | 10 | 20 |
| 25 | Approved service delivery organisation debt recovery | ||
| A requirement about placing or lifting sanctions as a result of approved service delivery organisation debt recovery action | 35 | 100 | |
Schedule 1 item 5(1): amended, on 2 October 2003, by regulation 4(1) of the Fisheries (Demerit Points and Civil Penalties) Amendment Regulations 2003 (SR 2003/230).
Schedule 1 item 9(6): added, on 2 October 2003, by regulation 4(2) of the Fisheries (Demerit Points and Civil Penalties) Amendment Regulations 2003 (SR 2003/230).
Schedule 1 item 10(4): amended, on 2 October 2003, by regulation 4(3)(a) of the Fisheries (Demerit Points and Civil Penalties) Amendment Regulations 2003 (SR 2003/230).
Schedule 1 item 10(4): amended, on 2 October 2003, by regulation 4(3)(b) of the Fisheries (Demerit Points and Civil Penalties) Amendment Regulations 2003 (SR 2003/230).
Schedule 1 item 10(4A): inserted, on 2 October 2003, by regulation 4(4) of the Fisheries (Demerit Points and Civil Penalties) Amendment Regulations 2003 (SR 2003/230).
Schedule 1 item 11(5): added, on 11 November 2004, by regulation 3(1) of the Fisheries (Demerit Points and Civil Penalties) Amendment Regulations 2004 (SR 2004/357).
Schedule 1 item 13(4): added, on 11 November 2004, by regulation 3(2) of the Fisheries (Demerit Points and Civil Penalties) Amendment Regulations 2004 (SR 2004/357).
Schedule 1 item 14(3): added, on 2 October 2003, by regulation 4(5) of the Fisheries (Demerit Points and Civil Penalties) Amendment Regulations 2003 (SR 2003/230).
Schedule 1 item 16(10): amended, on 1 October 2017, by regulation 13 of the Fisheries (Geospatial Position Reporting) Regulations 2017 (LI 2017/154).
Schedule 1 item 18(1): amended, on 2 October 2003, by regulation 4(6) of the Fisheries (Demerit Points and Civil Penalties) Amendment Regulations 2003 (SR 2003/230).
Schedule 1 item 18(5A): inserted, on 2 October 2003, by regulation 4(7) of the Fisheries (Demerit Points and Civil Penalties) Amendment Regulations 2003 (SR 2003/230).
Schedule 1 item 18(8): added, on 2 October 2003, by regulation 4(8) of the Fisheries (Demerit Points and Civil Penalties) Amendment Regulations 2003 (SR 2003/230).
Schedule 1 item 23(2): added, on 2 October 2003, by regulation 4(9) of the Fisheries (Demerit Points and Civil Penalties) Amendment Regulations 2003 (SR 2003/230).
Schedule 1 item 23A: inserted, on 2 October 2003, by regulation 4(10) of the Fisheries (Demerit Points and Civil Penalties) Amendment Regulations 2003 (SR 2003/230).
Schedule 1 item 25: added, on 11 November 2004, by regulation 3(3) of the Fisheries (Demerit Points and Civil Penalties) Amendment Regulations 2004 (SR 2004/357).
Schedule 2 Scale of civil penalties
| Accumulated demerit points | Civil penalty |
| 250–499 | $25 per point ($6,250–$12,475) |
| 500–749 | $30 per point ($15,000–$22,470) |
| 750–999 | $40 per point ($30,000–$39,960) |
| 1 000–1 249 | $50 per point ($50,000–$62,450) |
| 1 250–1 499 | $60 per point ($75,000–$89,940) |
| 1 500–1 749 | $70 per point ($105,000–$122,430) |
| 1 750–1 999 | $80 per point ($140,000–$159,920) |
| over 1 999 | $100 per point ($199,900–$500,000) |
Martin Bell,
Acting for Clerk of the Executive Council.
Date of notification in Gazette: 20 September 2001.
Reprints notes
1 General
This is a reprint of the Fisheries (Demerit Points and Civil Penalties) Regulations 2001 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
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 (Demerit Points and Civil Penalties) Amendment Regulations 2004 (SR 2004/357)
Fisheries (Demerit Points and Civil Penalties) Amendment Regulations 2003 (SR 2003/230)
Versions
Fisheries (Demerit Points and Civil Penalties) Regulations 2001
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