17AHighly migratory species taken outside New Zealand fisheries waters

1. This section applies in relation to any stock of a highly migratory species (the relevant stock) that—

2. is subject to the quota management system in any area outside New Zealand fisheries waters; and
3. is taken in that area by an operator who is a New Zealand national using a New Zealand ship outside New Zealand fisheries waters.

4. Except as otherwise expressly provided in subsection (3) or elsewhere in this Part, this Part applies in relation to any relevant stock as if the area outside New Zealand fisheries waters in which it was taken were in fact within New Zealand fisheries waters.

5. This section does not apply to fish taken from a relevant stock if the commercial fisher concerned can prove to the satisfaction of the chief executive that the amount of fish concerned was taken under the authority of, and, where national allocations for the species exist, against the national allocation of, another State that has agreed to comply with all international fisheries organisation management measures for the species concerned to which New Zealand has agreed.

6. In any case where New Zealand law conflicts with the laws of a State in whose jurisdiction any relevant stock was taken, the laws of that other State prevail over New Zealand law.

7. Subsection (4) does not abrogate the obligations of the commercial fisher under this Part and Part 10.