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

248: New sections 199 and 199A substituted

You could also call this:

"Rules for when fishery officers can stop and search you or your things"

Illustration for Search and Surveillance Act 2012

You can be stopped and checked by a fishery officer at any reasonable time. They can examine your vessel, vehicle, or premises to check for fish, aquatic life, or seaweed. They can also check your accounts and records. You can be asked to open things so the officer can examine them. They can take samples for testing. The officer can stop you and check what you are carrying. A fishery officer can enter your land to observe a public place. They can use a visual surveillance device to do this. This device is an instrument that can observe or record objects or activities. If an officer thinks you have broken the law, they can search you or your things. They can enter your premises or vessel to look for evidence. They can detain you or your things for as long as it takes to do the search. The officer can check for fish, aquatic life, or seaweed that was taken illegally. They can look for things that will be evidence of a crime. You can learn more about the law by reading the Section 199 of the act.

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This page was last updated on 26 November 2025

View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM4356307.

Topics:

Environment and resources > Farming and fishingCrime and justice > Police and safety

247: Amendments to Fisheries Act 1996, or

"Changes to the Fisheries Act 1996 law"

249: New section 199B inserted, or

"Using Fisheries Act powers with Search and Surveillance Act rules"

Part 5Amendments, 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

248New sections 199 and 199A substituted

Section 199 is repealed and the following sections are substituted:
199Powers of entry and examination for regulatory purposes
1. In the course of the enforcement and administration of this Act, a fishery officer may, at any reasonable time,—
2. examine any vessel, vehicle, premises, or other place (by stopping or opening the thing or place, as the case requires, where necessary) and—
  1. examine any fish, aquatic life, or seaweed in that thing or at that place; or
  2. examine any accounts, records, returns, or other documents in that thing or at that place that may be relevant to monitoring compliance with this Act or any regulations made under this Act; or
  3. examine any record, authority, approval, permission, licence, or authority in that thing or at that place that may be relevant to monitoring compliance with this Act or any regulations made under this Act; or
  4. examine any article, gear, container, apparatus, device, or thing relating to the taking, sale, purchase, farming, or possession of any fish, aquatic life, or seaweed that is in that thing or at that place:
3. enter, pass across, or remain upon any land for the purpose of observing any public place, including by the use of a visual surveillance device:
4. stop any person and examine any thing referred to in paragraph (a)(i) to (iv) that is in the possession of that person:
5. for the purposes of any examination under paragraph (a) or (c),—
  1. open, or direct any person to open, any thing that may be examined; and
  2. take any sample of a thing that may be examined, for forensic or other scientific testing:
6. for the purposes of exercising any power conferred by paragraph (a), enter or pass across any land.
7. A fishery officer may detain any vessel, vehicle, conveyance of any kind, parcel, package, record, document, article, gear, apparatus, device, container, fish, aquatic life, seaweed, or thing for any period that is reasonably necessary to enable the fishery officer to carry out an examination under this section.
8. In this section and in section 199A, visual surveillance device means any electronic, mechanical, electromagnetic, optical, or electro-optical instrument, apparatus, equipment, or other device that is used or is capable of being used to observe, or to observe and record, any object or activity.
199APowers of entry and search for law enforcement purposes
1. Subsection (2) applies to a fishery officer if he or she believes, on reasonable grounds, that—
2. an offence is being or has been committed against this Act; and
3. there may be concealed or located or held in any vessel, vehicle, conveyance of any kind, premises, place, parcel, package, record, or thing—
  1. any fish, aquatic life, or seaweed taken or thing used or intended to be used in contravention of this Act; or
  2. any article, record, document, or thing that will be evidence as to the commission of an offence against this Act.
4. If this subsection applies to a fishery officer, then, for the purpose of enforcing this Act, that officer may—
5. enter, examine, and search any such premises or place, or any such vessel, vehicle, or conveyance of any kind (by stopping or opening the thing or place, as the case requires, where necessary); and
6. enter, pass across, or remain upon any land for the purpose of observing any public place, including by the use of a visual surveillance device; and
7. examine and search (by opening the thing where necessary) any such parcel, package, record, or thing; and
8. for the purposes of exercising any power conferred by paragraph (a), enter or pass across any land.
9. A fishery officer may detain any vessel, vehicle, conveyance of any kind, parcel, package, record, document, article, gear, apparatus, device, container, fish, aquatic life, seaweed, or thing for such period as is reasonably necessary to enable the fishery officer to carry out an examination or a search under this section.