Fisheries (Infringement Offences) Amendment Regulations 2023
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2023/241
Fisheries (Infringement Offences) Amendment Regulations 2023
Cindy Kiro, Governor-General
Order in Council
At Wellington this 4th day of September 2023
Present:
Her Excellency the Governor-General in Council
These regulations are made under section 297 of the Fisheries Act 1996 on the advice and with the consent of the Executive Council.
Regulations
1 Title
These regulations are the Fisheries (Infringement Offences) Amendment Regulations 2023.
2 Commencement
These regulations come into force on 5 October 2023.
3 Principal regulations
These regulations amend the Fisheries (Infringement Offences) Regulations 2001.
4 Regulation 4 amended (Infringement offences)
In regulation 4(1)(a), after “an offence against”
, insert “the Act or”
.
5 Schedule 1 amended
In Schedule 1, before the item relating to Fisheries (Reporting) Regulations 2017, insert:
Fisheries Act 1996
| Provision | Description of offence | Fee ($) | ||
| s 72(1) | In any 24-hour period, returns or abandons 50 or fewer fish or other animals that are aquatic life that are not listed in an instrument made under section 72A(2)(c) | 400 | ||
| s 72(2)(a) | In any 24-hour period, fails to return or abandon 50 or fewer fish or other animals that are aquatic life that are required by an instrument made under section 72A(2)(c) to be returned or abandoned | 400 | ||
| s 72(2)(b) | In any 24-hour period, fails to comply with conditions or requirements specified in an instrument made under section 72A(2)(c) in respect of the return of 50 or fewer fish or other animals that are aquatic life | 400 | ||
| s 72(3)(b) | In any 24-hour period, fails to comply with conditions or requirements specified in an instrument made under section 72A(2)(a) or (b) in respect of the return of 50 or fewer fish or other animals that are aquatic life | 400 |
6 Schedule 2 amended
(1)
In Schedule 2, form 1, paragraph 8—
(a)
after “Fisheries Act 1996”
, insert “(the Act)”
; and
(b)
replace “that Act”
with “the Act”
.
(2)
In Schedule 2, form 1, after paragraph 8, insert:
8A
Apart from the defence in section 241 of the Act, you may also have a defence under section 72(5) of the Act against any proceedings for infringement offences under section 72(4) of the Act for failing to comply with section 72(1), (2)(a), (b) or (3)(b) of the Act. If you believe you have a defence, you should refer to the Act.
(3)
In Schedule 2, form 1, paragraph 11, replace “Note”
with “Note 1”
.
(4)
In Schedule 2, form 1, paragraph 11, after the note, insert:
Note 2: Section 252(3A) of the Act applies if, within any 3-year period, the court finds you guilty (whether in the same or separate proceedings) of 2 or more offences against section 72(4) of the Act for failing to comply with section 72(1), (2)(a), (b), or (3)(b) of the Act. This means the court may, but is not required to, impose a fine of up to $250,000 for the second offence, and any subsequent offence within those 3 years. (See also Notes 3 and 4 below for further consequences if section 252(3A) applies.)
Note 3: Under section 375 of the Criminal Procedure Act 2011 and section 257(1A) of the Act, the court may, but is not required to, also make an order that you forfeit any licence, approval, permission, or fishing permit obtained under the Act and that you are prohibited for a period of 3 years from—
holding the same:
engaging in fishing, or any activity associated with the taking of fish, aquatic life, or seaweed:
deriving any beneficial income from activities associated with the taking of fish, aquatic life, or seaweed.
Note 4: Further, under section 375 of the Criminal Procedure Act 2011 and section 255C(1)(aa) and (3) of the Act, the court may, but is not required to, order forfeiture of the following:
any fish, and proceeds from the sale of such fish:
any illegal fishing gear in respect of which the offence was committed:
any property used in the commission of the offence:
any quota or associated quota.
(5)
In Schedule 2, form 1, paragraph 13, after the note, insert “(See also notes 2, 3, and 4 in paragraph 11.)”
.
7 Schedule 3 amended
(1)
In Schedule 3, paragraph 6—
(a)
after “Fisheries Act 1996”
, insert “(the Act)”
; and
(b)
replace “that Act”
with “the Act”
.
(2)
In Schedule 3, after paragraph 6, insert:
6A
Apart from the defence in section 241 of the Act, you may also have a defence under section 72(5) of the Act against any proceedings for infringement offences under section 72(4) of the Act for failing to comply with section 72(1), (2)(a), (b), or (3)(b) of the Act. If you believe you have a defence, you should refer to the Act.
(3)
In Schedule 3, paragraph 9, replace “Note”
with “Note 1”
.
(4)
In Schedule 3, paragraph 9, after the note, insert:
Note 2: Section 252(3A) of the Act applies if, within any 3-year period, the court finds you guilty (whether in the same or separate proceedings) of 2 or more offences against section 72(4) of the Act for failing to comply with section 72(1), (2)(a), (b), or (3)(b) of the Act. This means the court may, but is not required to, impose a fine of up to $250,000 for the second offence, and any subsequent offence within those 3 years. (See also notes 3 and 4 below for further consequences if section 252(3A) applies.)
Note 3: Under section 375 of the Criminal Procedure Act 2011, and section 257(1A) of the Act, the court may, but is not required to, also make an order that you forfeit any licence, approval, permission, or fishing permit obtained under the Act, and that you are prohibited for a period of 3 years from—
holding the same:
engaging in fishing, or any activity associated with the taking of fish, aquatic life, or seaweed:
deriving any beneficial income from activities associated with the taking of fish, aquatic life, or seaweed.
Note 4: Further, under section 375 of the Criminal Procedure Act 2011 and section 255C(1)(aa) and (3) of the Act, the court may, but is not required to, order forfeiture of the following:
any fish, and proceeds from the sale of such fish:
any illegal fishing gear in respect of which the offence was committed:
any property used in the commission of the offence:
any quota or associated quota.
(5)
In Schedule 3, paragraph 11, after the note, insert “(See also notes 2, 3, and 4 in paragraph 9.)”
.
Rachel Hayward,
Clerk of the Executive Council.
Explanatory note
This note is not part of the regulations, but is intended to indicate their general effect.
These regulations, which come into force on 5 October 2023, amend the Fisheries (Infringement Offences) Regulations 2001 (the principal regulations). The principal regulations set out offences against various regulations made under the Fisheries Act 1996 (the Act) that can be proceeded against as infringement offences. These amendments prescribe as infringement offences, certain offences against the Act, relating to the discarding and retention of fish.
Regulatory impact statement
The Ministry for Primary Industries produced a regulatory impact statement on 9 May 2023 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—
Date of notification in Gazette: 7 September 2023.
These regulations are administered by the Ministry for Primary Industries.
Versions
Fisheries (Infringement Offences) Amendment Regulations 2023
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