Secondary legislation
In force
Latest version
as at 10 March 2025 (as made)
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SL 2025/33
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Administered by Ministry for Primary Industries
Fisheries (Infringement Offences) Amendment Regulations 2025
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2025/33
Fisheries (Infringement Offences) Amendment Regulations 2025
Cindy Kiro, Governor-General
Order in Council
At Wellington this 10th day of March 2025
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 2025.
2 Commencement
These regulations come into force on 10 April 2025.
3 Principal regulations
These regulations amend the Fisheries (Infringement Offences) Regulations 2001.
4 Schedule 1 amended
(1)
In Schedule 1, after the item relating to the Fisheries Act 1996, insert:
Fisheries (Commercial Fishing) Regulations 2001
| Provision | Description of offence | Fee ($) | ||
|---|---|---|---|---|
| r 58B(1) | Failing to comply with any seabird mitigation measure authorised or required by any circular issued under regulation 58A(1)(a) | 500 | ||
| r 58B(2)(a) | Failing to ensure that a seabird mitigation measure complies with any standards and requirements specified under regulation 58A(1)(b) | 250 | ||
| r 58B(2)(b) | Failing to ensure that a seabird mitigation measure is carried, used, or adopted (as the case may be) in accordance with any standards and requirements specified under regulation 58A(1)(b) | 250 |
Fisheries (Recordkeeping) Regulations 1990
| Provision | Description of offence | Fee ($) | ||
|---|---|---|---|---|
| r 4(a) | Failure to keep a record of fish sold or otherwise supplied to a licensed fish receiver | 400 | ||
| r 4(b) | Failure to keep an invoice relating to fish sold or otherwise supplied to a licensed fish receiver | 400 | ||
| r 4(b) | Failure to include the required information on an invoice relating to fish sold or otherwise supplied to a licensed fish receiver | 400 | ||
| r 4(c) | Failure to keep a record relating to fish sold or otherwise supplied to a person other than a licensed fish receiver | 400 | ||
| r 4(c) | Failure to include the required information on a record relating to fish sold or otherwise supplied to a person other than a licensed fish receiver | 400 | ||
| r 4(d) | Failure to keep a record of fish held or stored in the possession or under control of a commercial fisher | 400 | ||
| r 4(d) | Failure to include the required information on a record relating to fish held or stored in the possession or under control of a commercial fisher | 400 | ||
| r 6(1)(a) | Failure to keep a record of fish purchased or otherwise acquired by a dealer | 400 | ||
| r 6(1)(b) | Failure to keep an invoice relating to fish purchased or otherwise acquired by a dealer | 400 | ||
| r 6(1)(b) | Failure to include the required information on an invoice relating to fish purchased or otherwise acquired by a dealer | 400 | ||
| r 6(1)(c) | Failure to keep a record of fish held by a dealer on behalf of any amateur fisher | 400 | ||
| r 6(1)(c) | Failure to include the required information in a record of fish held by a dealer on behalf of any amateur fisher | 400 | ||
| r 6(1)(d) | Failure to keep a record of fish sold or otherwise disposed of by a dealer (other than by way of consumer sale) | 400 | ||
| r 6(1)(d) | Failure to include the required information in a record of fish sold or otherwise disposed of by a dealer (other than by way of consumer sale) | 400 | ||
| r 6(1)(e) | Failure to keep a record of all fish held or stored in the possession or under the control of a dealer | 400 | ||
| r 6(1)(e) | Failure to include the required information in a record of fish held or stored in the possession or under the control of a dealer | 400 | ||
| r 6(1)(f) | Failure to keep a statement of fish inventory held at the end of each financial year of a dealer, and all records of stock-takings from which any such statement has been or is to be prepared | 400 | ||
| r 6(1)(f) | Failure to include the required information in statements of fish inventory held at the end of each financial year of a dealer, and all records of stock-takings from which any such statement has been or is to be prepared | 400 | ||
| r 6(2) | Failure to complete a record required to be kept under regulation 6 at the time a dealer in fish acquires, purchases, or disposes of the fish | 400 | ||
| r 8(1) | Failure to keep source documents in required manner | 400 | ||
| r 8(2) | Failure to date source documents in required manner | 400 | ||
| r 8(3) | Failure to retain source documents and make them available for inspection | 400 | ||
| r 8(4) | Failure to indicate on source documents required information that is not applicable in a particular case | 400 | ||
| r 9 | Failure to produce records and make them available for inspection | 400 | ||
| r 10 | Failure to comply with direction from chief executive as to manner of keeping records | 400 | ||
| r 11(1) | Failure to include the required information on a source document specified in regulation 11(1) | 400 | ||
| r 11(1) | Failure to keep an unloading docket in accordance with regulation 12(1) | 400 | ||
| r 11(1) | Failure to complete an unloading docket at the time when possession of the fish is taken in accordance with regulation 12(1A) | 400 | ||
| r 11(1) | Failure to include the required information in an unloading docket in accordance with regulation 12(2) | 400 | ||
| r 11(1) | Failure to keep a purchase invoice where a commercial fisher sells or otherwise supplies fish to a licensed fish receiver in accordance with regulation 13(1) | 400 | ||
| r 11(1) | Failure to complete a purchase invoice within the required time frame in accordance with regulation 13(2) | 400 | ||
| r 11(1) | Failure to include the required information in a purchase invoice in accordance with regulation 13(3) | 400 | ||
| r 11(1) | Failure to keep a stock transfer document in accordance with regulation 14(1) | 400 | ||
| r 11(1) | Failure to complete a stock transfer document within the required time frame in accordance with regulation 14(2) | 400 | ||
| r 11(1) | Failure to include the required information in a stock transfer document in accordance with regulation 14(3) | 400 | ||
| r 11(1) | Failure to keep an internal retail transfer record in accordance with regulation 15(1) | 400 | ||
| r 11(1) | Failure to complete an internal retail transfer record at the time fish enters the retail outlet in accordance with regulation 15(1A) | 400 | ||
| r 11(1) | Failure to include the required information in an internal retail transfer record in accordance with regulation 15(2) | 400 | ||
| r 11(1) | Failure to keep a retail sales document in accordance with regulation 16(1) | 400 | ||
| r 11(1) | Failure to complete a retail sales document at the time fish are sold in accordance with regulation 16(1A) | 400 | ||
| r 11(1) | Failure to include the required information in a retail sales document in accordance with regulation 16(2) | 400 | ||
| r 11(1) | Failure to keep a sales invoice in accordance with regulation 17(1) | 400 | ||
| r 11(1) | Failure to prepare a sales invoice within the required time frame in accordance with regulation 17(2) | 400 | ||
| r 11(1) | Failure to include the required information on a sales invoice in accordance with regulation 17(3) | 400 | ||
| r 11(1) | Failure to keep export documentation in accordance with regulation 18 | 400 | ||
| r 11(2) | Failure to prenumber source documents required by regulation 11(1) in continuous series of not less than 50 documents | 400 | ||
| r 19(1) | Failure to mark containers with the required information | 400 | ||
| r 19(2) | Failure to ensure landings of Foveaux Strait dredge oysters are marked or labelled as required | 400 | ||
| r 20(1) | Failure to maintain an accounting system that includes the required records | 400 | ||
| r 20(2) | Failure to keep accounting systems and records distinct between licensed fish receiver functions and fish receiving and handling functions | 400 | ||
| r 20(3) | Failure to respond to a notice in writing to make adaptations to accounting systems | 400 | ||
| r 21(1) | Failure to comply with any requirement in regulation 21(1)(a) to (d) | 400 | ||
| r 21(2) | Failure to complete records required under regulation 21(1) as soon as practicable | 400 | ||
| r 22(1) | Failure to comply with any requirement in regulation 22(1)(a) to (e) | 400 | ||
| r 22(2) | Failure to complete records required under regulation 22(1) as soon as practicable | 400 | ||
| r 23(1) | Failure to comply with any requirement in regulation 23(1) | 400 | ||
| r 23(1A) | Failure to enter records required under regulation 23(1) as soon as practicable after the information concerned has been received | 400 | ||
| r 23(2) | Failure to comply with requirements to label or physically segregate fish to allow clear identification of ownership | 400 | ||
| r 23(3) | Failure to make stock lists in accordance with required time frames | 400 | ||
| r 23(3) | Failure to include the required information in a stock list | 400 | ||
| r 26A(1)(a) | Failure to generate and keep purchase invoices for all stock purchased | 400 | ||
| r 26A(1)(a) | Failure to ensure purchase invoices comply with the requirements of regulation 26A(2) to (4) | 400 | ||
| r 26A(1)(b) | Failure to generate and keep sales invoices for all stock sold | 400 | ||
| r 26A(1)(b) | Failure to ensure sales invoices comply with the requirements of regulation 26A(2) to (4) | 400 | ||
| r 26B(1) | Failure to generate and keep specific records in relation to high-risk species | 400 | ||
| r 26B(2) | Failure to prepare the records referred to in regulation 26B(1) in accordance with, and containing the information required by, regulations 26C to 26E | 400 |
(2)
In Schedule 1, item relating to the Fisheries (Reporting) Regulations 2017, insert in their appropriate numerical order:
| r 44(1)(b) | Failing to provide a report in accordance with a direction of the chief executive | 200 | ||
| r 44(2)(b) | Failing to complete a report in accordance with a direction of the chief executive | 200 |
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 10 April 2025, 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 additional infringement offences against the following regulations made under the Act:
Regulatory impact statement
The Ministry for Primary Industries produced a regulatory impact statement on 25 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: 13 March 2025.
These regulations are administered by the Ministry for Primary Industries.
Versions
Secondary legislation
In force
Latest version
as at 10 March 2025 (as made)
Fisheries (Infringement Offences) Amendment Regulations 2025
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