Fisheries Act 1996

Foreign licensed access

88: Administrative penalties for fisheries offences

You could also call this:

"Paying a penalty for breaking fisheries laws"

If you break a fisheries law, you might get a penalty. The Minister can give you a notice if they think you broke a law. You will get information about what you did wrong. You can choose to go to court or accept the penalty. If you accept the penalty, you can tell the Minister why they should be lenient. The Minister will decide the penalty after listening to you. If you do not respond to the notice, you will be deemed to have accepted the penalty. The Minister can give you a fine, which is a penalty you have to pay. You have to pay the fine within 28 days. You cannot be charged again for the same offence if you accept the penalty. The penalty is like a fine, and the Crown can recover it from you if you do not pay. You can pay the penalty instead of going to court, but you still have to follow the law.

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This page was last updated on 12 November 2025

View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM396906.

Topics:

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

87: Review by courts, or

"Some of the Minister's decisions can't be challenged in court."

89: All fishing to be authorised by fishing permit unless specific exemption held, or

"You need a permit to go fishing, unless you have a special exception."

Part 5Foreign licensed access

88Administrative penalties for fisheries offences

This section—
applies in respect of any offence that carries a penalty of a fine not exceeding $250,000 and is an offence against this Act or against any other New Zealand law that relates to fishing; but
does not apply in respect of any alleged offence if any charge has been filed in respect of the alleged offence.

If the Minister has reasonable cause to believe that—
an offence to which this section applies may have been committed by any person in respect of any vessel licensed or required to be licensed under this Part; and
having regard to all the circumstances relating to the alleged offence it is of a minor nature and, having regard to the previous conduct of the vessel and of the person concerned in New Zealand fisheries waters, it would be appropriate to impose a penalty under this section,—

A notice under subsection (2) shall contain—
the date and nature of the alleged offence; and
a summary of the facts on which the allegation that an offence has been committed is based (which summary shall be sufficient to fully and fairly inform the person of the allegation against the person); and
any other matters (other than previous convictions) that the Minister considers relevant to the imposition of a penalty—

Any person on whom a notice under subsection (2) is served may, within 28 days after the notice is served on the person, by a notice in writing in the approved form served on the chief executive, require that any proceedings in respect of the alleged offence shall be dealt with before a court, in which case the following provisions shall apply:
no further proceedings shall be taken under this section by the Minister:
nothing in this section shall be construed to prevent the subsequent filing of any charging document in respect of the alleged offence, or the conviction of the person of the offence by a court, or the imposition of any penalty under any enactment or forfeiture under this Act on such a conviction.

Any person on whom a notice under subsection (2) is served who does not require that any proceedings in respect of the alleged offence be dealt with before a court may, by notice in writing served on the chief executive,—
admit the offence; and
make submissions to the Minister as to the matters the person wishes the Minister to take into account in imposing any penalty under this section.

If a person on whom a notice under subsection (2) is served does not, within 28 days after the notice is served on the person,—
require that any proceedings in respect of the alleged offence be dealt with before a court; or
admit the offence,—

If under this section a person admits or is deemed to have admitted an offence, the Minister may, after taking into account any submissions made by the person under subsection (5), impose on that person a monetary penalty not exceeding one-third of the maximum monetary penalty to which the person would be liable if the person were convicted of the offence by a court.
If the Minister imposes a penalty on a person under this section in respect of an offence, the Minister shall cause a notice in writing in the approved form of the particulars of the penalty to be served on the person.
A person on whom a penalty is imposed under this section shall pay the amount of the penalty to the Crown within 28 days after the notice of the penalty is served on the person in accordance with subsection (8).
Notwithstanding the provisions of subsection (9) or section 86(1), a penalty that has been imposed under this section shall be recoverable by the Crown, from the person on whom it has been imposed, in the same manner as a fine is recoverable on conviction for any offence.
Notwithstanding the provisions of this Act, or any other enactment, where any offence has been admitted or deemed to have been admitted under this section, no charging document may be filed in respect of the offence against the person by whom it is admitted.

Compare

1977 No 28 s 26

Notes

Section 88(1)(b): amended, on 1 July 2013, by section 413 of the Criminal Procedure Act 2011 (2011 No 81).
Section 88(4)(b): amended, on 1 July 2013, by section 413 of the Criminal Procedure Act 2011 (2011 No 81).
Section 88(10): amended, on 1 July 2013, by section 413 of the Criminal Procedure Act 2011 (2011 No 81).
Section 88(11): amended, on 1 July 2013, by section 413 of the Criminal Procedure Act 2011 (2011 No 81).