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Supplementary Order Paper No 429

No 429

House of Representatives

Supplementary Order Paper

Tuesday, 15 April 2014

Fisheries (Foreign Charter Vessels and Other Matters) Amendment Bill

Proposed amendments

Hon Nathan Guy, in Committee, to move the following amendments:

Clause 5: new section 106B

In new section 106B(4), replace “of” with “or” (page 6, line 21).

Clause 10: new section 103

In new section 103(4)(a)(ii), replace “103A(1AD)” with “103A(1AC)” (page 9, line 38).

Clause 10: new section 103A

Replace new section 103A(1AA) (page 10, line 15 to page 11, line 6) with:

  • “(1AA) The chief executive may, on application, exempt a vessel from the requirement to be a New Zealand ship if satisfied that—

    • “(a) the vessel will be used only for carrying out fisheries-related research commissioned or approved by the chief executive; and

    • “(b) the operator of the vessel or, if the operator is an overseas person, the authorised agent has made reasonable efforts to find a replacement vessel that is a New Zealand ship but was unsuccessful; and

    • “(c) the exemption will be in New Zealand’s interests; and

    • “(d) there will be sufficient New Zealand control of the operations of the vessel during the period for which it is exempted.

Replace new section 103A(1AC) and (1AD) (page 11, lines 13 to 36) with:

  • “(1AC) An exemption may be granted for the period specified in the special permit issued for the purposes of the fisheries-related research.

Clause 12

Delete clause 12(3) (page 14, lines 21 to 28).

Explanatory note

This Supplementary Order Paper amends clause 10 of the Bill to remove 3 of the 4 exemptions from mandatory reflagging of foreign charter vessels that were recommended by the Primary Production Committee. The sole remaining exemption will be for fisheries-related research approved by the chief executive under a special permit.

The exemptions removed by this Supplementary Order Paper are—

  • fishing that targets a tuna species named in Schedule 4B of the principal Act:

  • operators who, at 30 April 2012, held annual catch entitlement derived from settlement quota that represented a significant proportion of the operator's annual catch entitlement:

  • exceptional circumstances specified by an Order in Council.

This Supplementary Order Paper also corrects a grammatical error in clause 5, new section 106B and makes a consequential amendment necessary to give effect to the amendments to clause 10.