hardware services means installing and maintaining on-board cameras and other equipment on monitored vessels, and services in support of their operation

5 New rule 10A inserted (Allocation of costs for hardware services)

After rule 10, insert:

10A Allocation of costs for hardware services

(1)

In respect of the hardware services specified in item 12 of Schedule 2, costs are to be recovered—

(a)

from quota owners; and

(b)

in relation to stocks taken using monitored vessels; and

(c)

on a stock-specific basis.

(2)

The percentage of costs to be recovered in relation to each stock is to be determined in accordance with the following formula:

a ÷ b

where—

a: is the value of the particular stock, derived by multiplying the total estimated catch for the stock taken using monitored vessels by the port price for that stock
b: is the total value of all stocks taken using monitored vessels, derived by—

(a)

multiplying the total estimated catch for each stock taken using monitored vessels by its relevant port price; and

(b)

adding all the results.

(3)

Subclause (2) is subject to subclauses (4) and (6).

(4)

If the chief executive identifies particular stocks as risk exacerbators in all or any fishery areas,—

(a)

the costs of hardware services in those areas are not to be recovered in relation to other stocks; and

(b)

the costs to be recovered in those areas in relation to the identified stocks are to be determined in accordance with the formula in subclause (2) as if item b related only to the total value of the identified stocks.

(5)

For the purposes of subclause (4), the chief executive may identify a stock as a risk exacerbator only if the stock contributes to 2% or more of the value of the total catch for all stocks taken using monitored vessels in that fishery area.

(6)

If the chief executive identifies particular stocks as having had 20% or more of their TACC taken by a vessel with an observer on board in the most recent complete fishing year,—

(a)

the costs of hardware services are not to be recovered in relation to the identified stocks; and

(b)

the costs to be recovered in relation to other stocks are to be determined in accordance with the formula in subclause (2) as if item b excluded the total value of the identified stocks.

6 Schedule 2 amended

In Schedule 2, after item 11, insert:

Hardware services

100%

As in rule 10A

Amendments commencing on 1 July 2027

7 Rule 3 amended (Interpretation)

In rule 3(1), insert in its appropriate alphabetical order:

footage review means the review of on-board camera footage on monitored vessels, and services in support of that review

8 Rule 10A amended (Allocation of costs for hardware services)

(1)

In the heading to rule 10A, after “hardware services”, insert “and footage review”.

(2)

In rule 10A(1), replace “hardware services specified in item 12” with “hardware services and footage review specified in items 12 and 13”.

(3)

In rule 10A(4)(a) and (6), after “hardware services”, insert “and footage review”.

9 Schedule 2 amended

(1)

In Schedule 2, item 1, replace “(except services related in any way to electronic monitoring equipment on monitored vessels)” with “(including services by fishery officers in relation to potential offences identified through footage review, but excluding any other service related in any way to electronic monitoring equipment on monitored vessels)”.

(2)

In Schedule 2, after item 12, insert:

Footage review

100%

As in rule 10A

Rachel Hayward,
Clerk of the Executive Council.

Explanatory note

This note is not part of the rules but is intended to indicate their general effect.

These rules amend the Fisheries (Cost Recovery) Rules 2001 (the principal rules). Rules 4 to 6 (relating to hardware services) come into force on 30 July 2026, and rules 7 to 9 (relating to footage review) come into force on 1 July 2027.

Schedule 1 of the principal rules contains transitional provisions to provide a cost recovery mechanism for the 2023/2024, 2024/2025, and 2025/2026 fishing years in relation to vessels to which the Fisheries (Electronic Monitoring on Vessels) Regulations 2017 apply. Under that regime, 100% of the costs of installing and maintaining on-board cameras and other equipment on monitored vessels (hardware services) is recovered from quota owners on a stock-specific basis according to the formula set out in clause 2 of Schedule 1 of the principal rules. The amendments—

change the nature of that cost recovery regime so that it is no longer transitional and applies to all fishing years:
provide a new exception so that costs may not be recovered in relation to any stock that the chief executive identifies as having had 20% or more observer coverage in the most recent complete fishing year:
as from 1 July 2027, extend that cost recovery regime so that costs may also be recovered for the review of on-board camera footage on monitored vessels (footage review).

Rule 4 amends rule 3 of the principal rules to insert a definition of hardware services. The definition is the same as applies to Part 1 of Schedule 1 of the principal rules apart from additional words to clarify its meaning.

Rule 5 inserts new rule 10A into the principal rules. New rule 10A enables the recovery of costs relating to hardware services. It is substantially similar to clause 2(2) to (5) of Schedule 1 of the principal rules except that costs may not be recovered in relation to any stock that the chief executive identifies as having had 20% or more of total allowable commercial catch taken by a vessel with an observer on board in the most recent complete fishing year.

Rule 6 amends Schedule 2 of the principal rules to provide for 100% cost recovery for hardware services, to be allocated as in new rule 10A.

Rule 7 amends rule 3 of the principal rules to insert a new definition of footage review.

Rule 8 amends new rule 10A (inserted by rule 5) so that it applies to footage review.

Rule 9 amends Schedule 2 of the principal rules to provide for—

100% cost recovery for footage review, to be allocated as in new rule 10A:
the recovery of costs of monitoring and offence detection services by fishery officers in relation to potential offences identified through footage review.

Issued under the authority of the Legislation Act 2019.

Date of notification in Gazette: 2 July 2026.

These rules are administered by the Ministry for Primary Industries.

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Fisheries (Cost Recovery) Amendment Rules 2026