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Fisheries Act 1996

International fishing - Administrative penalties

113Z: Administrative penalties for offences outside New Zealand fisheries waters

You could also call this:

"Penalties for breaking fishing rules outside New Zealand waters"

Illustration for Fisheries Act 1996

If you break a fishing rule outside New Zealand waters, you might get an administrative penalty. This penalty is for offences with a fine of up to $250,000. You will not get this penalty if you have already been charged with the offence. The chief executive can give you a notice if they think you broke a fishing rule. They must believe you broke the rule and that it is minor or not a serious offence. They also consider your past behaviour and the behaviour of your vessel. When deciding if an offence is serious, the chief executive looks at how bad the offence was. They consider the harm to the environment and the value of the fish taken. They also look at how often the offence happened and other relevant matters. If you get a notice, it will tell you about the alleged offence. It will include the date and nature of the offence and a summary of the facts. The notice will also tell you about the penalty and the rules that apply.

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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=DLM397386.

Topics:
Environment and resources > Farming and fishingCrime and justice > Police and safety
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Part 6AInternational fishing
Administrative penalties

113ZAdministrative penalties for offences outside New Zealand fisheries waters

  1. This section—

  2. applies in respect of an offence against this Part that carries a penalty of a fine not exceeding $250,000; but
    1. does not apply in respect of an alleged offence if a charging document has been filed in respect of the alleged offence.

      1. The chief executive may cause notice in writing, in the approved form, to be served on a person if the chief executive has reasonable cause to believe that—

      2. an offence to which this section applies may have been committed by that person; and
        1. either of the following applies:
          1. if the alleged offence is an offence against section 113J(2) (contravening a condition of an international fishing permit), it is not a serious offence:
            1. in any other case, the alleged offence is minor; and
            2. having regard to the previous conduct of the vessel and of that person, it would be appropriate to impose a penalty under this section.

              1. In considering whether there is reasonable cause to believe that an alleged offence against section 113J(2) is not a serious offence, the chief executive must have regard to—

              2. the degree of culpability of the person; and
                1. the harm that was or may be done to the environment as a result of the alleged offence; and
                  1. the value of the fish, aquatic life, or seaweed taken in connection with the alleged offence; and
                    1. the extent to which the alleged offence contravened the condition; and
                      1. the extent to which the alleged offence was repeated; and
                        1. any other matter the chief executive considers relevant.

                          1. A notice given under subsection (2) must—

                          2. contain—
                            1. the date and nature of the alleged offence; and
                              1. a summary of the facts on which the allegation that an offence has been committed is based, which summary is sufficient to fully and fairly inform the person of the allegation against him or her; and
                                1. any other matters (other than previous convictions) that the chief executive considers relevant to the imposition of a penalty; and
                                2. be endorsed with a statement setting out the provisions of this section and sections 113ZA to 113ZC.

                                  Notes
                                  • Section 113Z: inserted, on , by section 16 of the Fisheries Act 1996 Amendment Act (No 2) 1999 (1999 No 103).
                                  • Section 113Z heading: amended, on , by section 47(1) of the Fisheries (International Fishing and Other Matters) Amendment Act 2025 (2025 No 18).
                                  • Section 113Z(1)(b): amended, on , by regulation 3(1) of the Criminal Procedure (Consequential Amendments) Regulations 2013 (SR 2013/409).
                                  • Section 113Z(2): replaced, on , by section 47(2) of the Fisheries (International Fishing and Other Matters) Amendment Act 2025 (2025 No 18).
                                  • Section 113Z(2A): inserted, on , by section 47(2) of the Fisheries (International Fishing and Other Matters) Amendment Act 2025 (2025 No 18).