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Fisheries Act 1996

International fishing - Administrative penalties

113ZA: Right to require that offence be dealt with by court

You could also call this:

"You can ask a court to decide if you did something wrong"

Illustration for Fisheries Act 1996

You can ask for a court to deal with an alleged offence. You must do this within 28 days of getting a notice under section 113Z. You do this by giving the chief executive a written notice. If you ask for a court to deal with the offence, the chief executive cannot take further action under section 113ZC. This also happens if you do not admit the offence within 28 days of getting the notice, as stated in section 113Z and section 113ZB. You can still be taken to court and convicted of the offence. You can still get a penalty or have something taken away from you if you are convicted.

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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=DLM397388.

Topics:
Crime and justice > Courts and legal help
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113Z: Administrative penalties for offences outside New Zealand fisheries waters, or

"Penalties for breaking fishing rules outside New Zealand waters"

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113ZB: Admission of offence, or

"Saying you did something wrong under the Fisheries Act"

Part 6AInternational fishing
Administrative penalties

113ZARight to require that offence be dealt with by court

  1. Within 28 days after a notice under section 113Z is served on a person, the person may, by a notice in writing in the approved form served on the chief executive, require that any proceedings in respect of the alleged offence be dealt with before a court.

  2. No further proceedings may be taken under section 113ZC by the chief executive if—

  3. a person gives notice in accordance with subsection (1); or
    1. the person does not, within 28 days after a notice under section 113Z is served on him or her, admit the offence in accordance with section 113ZB.

      1. Nothing in this section prevents—

      2. the subsequent filing of a charging document in respect of the alleged offence; or
        1. the conviction of the person of the offence by a court; or
          1. the imposition of a penalty under an enactment, or forfeiture under this Act, on such a conviction.

            Notes
            • Section 113ZA: inserted, on , by section 16 of the Fisheries Act 1996 Amendment Act (No 2) 1999 (1999 No 103).
            • Section 113ZA(3)(a): amended, on , by section 413 of the Criminal Procedure Act 2011 (2011 No 81).