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Fisheries Act 1996

Access to fishery - Fishing vessel registration

113: Possession of fish, etc, by vessels that are not New Zealand ships

You could also call this:

"Rules for having fish or seaweed on non-New Zealand boats in New Zealand waters"

Illustration for Fisheries Act 1996

You cannot have fish or seaweed on a boat that is not a New Zealand ship in New Zealand waters. You can have fish or seaweed if it was caught outside New Zealand waters and landed in another country first. You can also have fish or seaweed if you got approval from the chief executive before bringing it into New Zealand waters and you followed their conditions. You can have fish or seaweed if it was caught by your boat in New Zealand waters, or if you got it from another boat in New Zealand waters and it was caught legally. If you break this rule, you can get in trouble and have to pay a penalty, as stated in section 252(3). If you are accused of breaking this rule, you have to prove that you were allowed to have the fish or seaweed. The chief executive can give you approval to have fish or seaweed and can set conditions for how you handle it. If you get approval, you can sell the fish or seaweed as long as you follow the conditions. You will not get in trouble for selling the fish or seaweed if you followed the conditions and had approval, even if you entered New Zealand waters to comply with a direction under section 113U(3).

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM397303.

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112: Taking of fish, etc, by other than New Zealand ships, or

"Fishing in New Zealand waters: rules for non-New Zealand ships"

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"Fishing in other countries' waters must be approved"

Part 6Access to fishery
Fishing vessel registration

113Possession of fish, etc, by vessels that are not New Zealand ships

  1. No person shall possess any fish, aquatic life, or seaweed in New Zealand or New Zealand fisheries waters, on any vessel that is not a New Zealand ship, unless,—

  2. in the case of fish, aquatic life, or seaweed taken outside New Zealand fisheries waters,—
    1. the fish, aquatic life, or seaweed was landed in any country other than New Zealand before being brought into New Zealand fisheries waters; or
      1. the person has, before the entry into New Zealand fisheries waters, obtained the approval of the chief executive to possess that fish, aquatic life or seaweed, and acted in accordance with such conditions as the chief executive may think fit to impose; or
        1. the vessel entered New Zealand fisheries waters to comply with a direction under section 113U(3) to bring the vessel to a port; or
        2. the fish, aquatic life, or seaweed were lawfully taken by that vessel within New Zealand fisheries waters; or
          1. the fish, aquatic life, or seaweed were lawfully received by that vessel within New Zealand or New Zealand fisheries waters.

            1. The chief executive may impose any conditions on an approval granted under subsection (1), including conditions relating to the taking, storage, transportation, recording, reporting, landing, and disposal of the fish, aquatic life, or seaweed.

            2. Any fish, aquatic life, or seaweed landed in New Zealand with the chief executive's approval under subsection (1) and landed after that approval was given, may, in accordance with the conditions of that approval, be sold; and, notwithstanding anything in this Act, no offence of buying or selling or being in possession of any fish, aquatic life, or seaweed shall be deemed to have been committed in respect of any fish, aquatic life, or seaweed sold in accordance with that approval.

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

            4. In proceedings for an offence relating to a contravention of subsection (1),—

            5. the prosecutor need not assert in the charging document that the exceptions set out in paragraphs (a) to (c) do not apply; and
              1. the burden of proving that any of the exceptions set out in paragraphs (a) to (c) applies lies on the defendant.

                Compare
                • 1983 No 14 s 61
                • 1986 No 34 s 1(1)
                Notes
                • Section 113(1)(a)(iii): inserted, on , by section 17 of the Fisheries (International Fishing and Other Matters) Amendment Act 2025 (2025 No 18).
                • Section 113(5): inserted, on , by section 413 of the Criminal Procedure Act 2011 (2011 No 81).