Plain language law

New Zealand law explained for everyone

Fisheries Act 1996

International fishing - High seas fishery inspectors

113U: Investigation of serious violations: powers to remain on and direct vessel to port

You could also call this:

"Inspectors can stop and direct a boat to port if they think it has broken serious fishing rules"

Illustration for Fisheries Act 1996

If a high seas fishery inspector thinks a vessel has been used to commit a serious violation after checking it under section 113S(1), they must tell the chief executive. The chief executive must then tell the authorities of the vessel's flag State. You need to know the inspector can stay on the vessel and ask the master to help with more investigations. The inspector can ask the master to take the vessel to a port they choose if the flag State does not respond or take action within 3 working days. A working day is any day except Saturday, Sunday, or a public holiday in that State. The inspector has these powers to investigate serious violations and make sure the vessel follows the rules. They work with the chief executive and the flag State to make sure everything is done correctly. You can find more information about this in the Fisheries Act 1996 Amendment Act (No 2) 1999 and the Fisheries (International Fishing and Other Matters) Amendment Act 2025.

This text is automatically generated. It might be out of date or be missing some parts. Find out more about how we do this.

This page was last updated on

View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM397371.

Topics:
Environment and resources > Farming and fishing
Previous

113T: Boarding and inspection procedures relating to foreign vessels, or

"Checking foreign fishing boats to see if they follow the rules"

Next

113UA: Investigation of serious violations: power to detain vessel at port, or

"Stopping a boat at a port to investigate a serious fishing rule break"

Part 6AInternational fishing
High seas fishery inspectors

113UInvestigation of serious violations: powers to remain on and direct vessel to port

  1. If, as a result of a boarding and inspection under section 113S(1), a high seas fishery inspector believes that the vessel has been used to commit a serious violation,—

  2. the high seas fishery inspector must notify the chief executive as soon as practicable; and
    1. the chief executive must advise the authorities of the flag State of the vessel as soon as practicable.

      1. A high seas fishery inspector may remain on board the vessel and may require the master to assist in further investigations for so long as the flag State—

      2. fails to respond to a notification under subsection (1); or
        1. fails to take action under its own law in respect of the serious violation.

          1. The high seas fishery inspector may require the master to bring the vessel without delay to a port specified by the high seas fishery inspector if the flag State fails, within 3 working days after receipt by the authorities of the flag State of the notification, to—

          2. respond to a notification under subsection (1); or
            1. take action under its own law in respect of the serious violation.

              1. In this section, working day, in relation to a flag State, means any day of the week other than—

              2. Saturday or Sunday; or
                1. a public holiday in that State.

                  Notes
                  • Section 113U: inserted, on , by section 16 of the Fisheries Act 1996 Amendment Act (No 2) 1999 (1999 No 103).
                  • Section 113U heading: replaced, on , by section 41 of the Fisheries (International Fishing and Other Matters) Amendment Act 2025 (2025 No 18).