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Fisheries Act 1996

International fishing - High seas fishery inspectors

113X: Powers of foreign high seas inspector when requested to investigate

You could also call this:

"What happens when a foreign inspector checks a New Zealand ship"

Illustration for Fisheries Act 1996

You can ask a foreign high seas inspector to investigate a ship. This can happen if the ship is registered under the Ship Registration Act 1992 or flies the New Zealand flag. The inspector must have already boarded the ship. You can authorise the inspector to investigate if they find evidence the ship broke international rules. The inspector then has the same powers as a New Zealand fishery officer. The chief executive must tell the ship's master about the investigation as soon as possible. Evidence found by the foreign high seas inspector can be used in court. This is like evidence found by a New Zealand fishery officer.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM397381.

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"Help foreign inspectors check New Zealand ships"

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Part 6AInternational fishing
High seas fishery inspectors

113XPowers of foreign high seas inspector when requested to investigate

  1. The chief executive may authorise a foreign high seas inspector to investigate a ship that is registered under the Ship Registration Act 1992 or that flies the New Zealand flag, under Article 21.6(b) of the Fish Stocks Agreement, if—

  2. the inspector has boarded the ship under—
    1. the Agreement; or
      1. boarding and inspection procedures established as provided in Article 21.2 of the Agreement; and
      2. the chief executive receives a report from the inspector stating that there is evidence that the ship has taken or transported fish, aquatic life, or seaweed in contravention of international conservation and management measures that have been adopted by a notified global, regional, or subregional fisheries organisation or arrangement.

        1. If the chief executive authorises the foreign high seas inspector to investigate under Article 21.6(b) of the Fish Stocks Agreement,—

        2. the foreign high seas inspector has the powers of a fishery officer in relation to the ship; and
          1. the chief executive must advise the master of the ship as soon as practicable.

            1. For the purposes of any proceedings for an offence under this Part, evidence obtained by a foreign high seas inspector in the exercise of powers under this section is admissible as if the evidence were obtained by a fishery officer.

            Notes
            • Section 113X: inserted, on , by section 16 of the Fisheries Act 1996 Amendment Act (No 2) 1999 (1999 No 103).
            • Section 113X(1)(b): amended, on , by section 45 of the Fisheries (International Fishing and Other Matters) Amendment Act 2025 (2025 No 18).