113SPowers of high seas fishery inspectors in relation to foreign vessels

1. A high seas fishery inspector may, for the purpose of ensuring compliance with international conservation and management measures adopted by a notified global, regional, or subregional fisheries organisation or arrangement of which New Zealand is a member or in which New Zealand is a participant, board and inspect a vessel in an area of the high seas that is covered by that organisation or arrangement, or in New Zealand fisheries waters, if—

2. the vessel is not registered under the Ship Registration Act 1992; and
3. the flag State of the vessel is—
   1. a party to the Fish Stocks Agreement, whether or not the flag State is a member of, or a participant in, that organisation or arrangement; or
   2. a member of or participant in that organisation or arrangement, and that organisation or arrangement has established boarding and inspection procedures as provided in Article 21.2 of the Fish Stocks Agreement.

4. If the flag State in relation to a vessel to which subsection (1) applies authorises the chief executive (in accordance with Article 21.6(b) of the Fish Stocks Agreement) to investigate whether the vessel has engaged in an activity contrary to those international conservation and management measures, a high seas fishery inspector has, in relation to the vessel,—

5. all of the powers of a fishery officer; or
6. if the flag State specifies the powers of a fishery officer that the high seas fishery inspector may exercise, those powers.