Search and Surveillance Act 2012

Amendments, repeals, and miscellaneous provisions - Amendments to search and seizure powers in other enactments (and to related provisions) used for law enforcement purposes or for law enforcement and regulatory purposes - Amendments to Fisheries Act 1996

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Some laws about fishing are changing. You need to know what these changes are. The changes are to sections 200 to 207 of the Fisheries Act 1996.

When someone wants to search a place, they must ask an issuing officer, as defined in section 3 of the Search and Surveillance Act 2012, for permission. This is instead of asking a Justice, Community Magistrate, District Court Judge, or Registrar of a District Court. The application must be made in the same way as an application for a search warrant under subpart 3 of Part 4 of the Search and Surveillance Act 2012.

Some parts of the Search and Surveillance Act 2012 now apply to fishing laws. These parts are subparts 1, 3, 7, 9, and 10 of Part 4. You can find more information about these parts in the Search and Surveillance Act 2012.

Other changes are being made to sections 205, 206, and 207 of the Fisheries Act 1996. For example, section 205 is changing to say that things can be done "as is necessary" instead of "as may be reasonably necessary". Section 206 is changing to refer to section 137 of the Search and Surveillance Act 2012 instead of section 198A of the Summary Proceedings Act 1957. Section 207 is changing to say that subparts 1, 5, 6, 7, 9, and 10 of Part 4 of the Search and Surveillance Act 2012 apply.

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This page was last updated on 24 May 2025

View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM2136986.

Topics:

249: New section 199B inserted, or

"A new law part, section 199B, explains which Search and Surveillance Act rules apply in certain situations."

251: Amendments to sections 208 to 220 of Fisheries Act 1996, or

"Changes to some fishing laws in the Fisheries Act 1996"

Section 200(1) is amended by omitting a Justice, Community Magistrate, District Court Judge, or Registrar of a District Court and substituting an issuing officer (within the meaning of section 3 of the Search and Surveillance Act 2012).
Section 200 is amended by repealing subsection (2) and substituting the following subsection:

An application for authorisation must be made by a fishery officer in the manner provided for an application for a search warrant under subpart 3 of Part 4 of the Search and Surveillance Act 2012.
Section 200(3) is amended by omitting A Justice, Community Magistrate, District Court Judge, or Registrar of a District Court and substituting An issuing officer.
Section 200 is amended by repealing subsection (4) and substituting the following subsection:

The provisions of subparts 1, 3, 7, 9, and 10 of Part 4 of the Search and Surveillance Act 2012 apply.
Section 205 is amended by omitting as may be reasonably necessary and substituting as is necessary.
Section 206(2) is amended by—
omitting section 198A of the Summary Proceedings Act 1957 and substituting section 137 of the Search and Surveillance Act 2012; and
omitting section 198A of that Act and substituting section 137 of that Act.

Section 207 is amended by repealing subsections (2) to (4) and substituting the following subsection:

Subparts 1, 5, 6, 7, 9, and 10 of Part 4 of the Search and Surveillance Act 2012 apply.