Fisheries Act 1996

Access to fishery - Fishing vessel registration

110: Fish taken in New Zealand fisheries waters must be landed in New Zealand

You could also call this:

"Catch fish in NZ waters? You must bring them back to land in NZ."

Illustration for Fisheries Act 1996

You cannot land fish outside New Zealand if you caught them in New Zealand waters. You need approval from the chief executive to do this and you must follow any conditions they set. If you take fish from New Zealand waters and transport them outside New Zealand without approval, it is like landing them outside New Zealand. You are not allowed to take fish from New Zealand waters and give them to another boat, or transport them outside New Zealand without following the rules. The chief executive can set conditions for how you store, transport and land the fish. You can find more information about foreign fishing licences under section 83. If you break these rules, you can get in trouble and have to pay a penalty, which is explained in section 252(3). There are some exceptions to these rules, like if you have a foreign fishing licence issued under section 83.

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"Fish on a New Zealand boat are assumed to be caught in New Zealand waters"


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Part 6Access to fishery
Fishing vessel registration

110Fish taken in New Zealand fisheries waters must be landed in New Zealand

  1. No person shall land, at any place outside New Zealand, any fish, aquatic life, or seaweed taken in New Zealand fisheries waters unless the landing outside New Zealand has the prior approval of the chief executive and is in accordance with any conditions imposed by the chief executive.

  2. For the purposes of subsection (1), fish, aquatic life, or seaweed shall be deemed to have been landed at a place outside New Zealand if—

  3. it is transported beyond the outer limits of the exclusive economic zone by the vessel that took it; or
    1. it is taken (otherwise than from a vessel) and transferred to a vessel and then transported (whether in that vessel or any other vessel) beyond the outer limits of the exclusive economic zone without having been lawfully purchased or acquired by a licensed fish receiver in New Zealand before transportation; or
      1. it is transhipped, from the vessel that took the fish, aquatic life, or seaweed, to another vessel.
        1. The conditions that may be imposed on any approval granted under subsection (1) include conditions relating to 1 or more of the following:

        2. the vessel that will take the fish, aquatic life, or seaweed:
          1. any vessel which will receive the fish, aquatic life, or seaweed:
            1. the manner and conditions under which the storage, transportation, transhipment, recording, reporting, landing, and disposal of the fish, aquatic life, or seaweed will take place.
              1. Repealed
              2. Subsection (1) does not apply if the fish, aquatic life, or seaweed was lawfully taken by a person under a foreign fishing licence issued under section 83.

              3. Every person commits an offence and is liable to the penalty set out in section 252(3) who contravenes subsection (1).

              Compare
              • 1983 No 14 s 101
              • 1986 No 34 s 27(1)
              • 1990 No 29 s 47
              Notes
              • Section 110(4): repealed (without coming into force), on , by section 86 of the Fisheries Act 1996 Amendment Act 1999 (1999 No 101).