192Restrictions on purchase or acquisition of fish by certain persons

1. No commercial fisher shall purchase, acquire, or be in possession of any fish, aquatic life, or seaweed for the purpose of sale, unless the fish, aquatic life, or seaweed was—

2. taken in that person's capacity as a commercial fisher; or
3. purchased or acquired by that person from a licensed fish receiver for use as bait in that person's commercial fishing activities.

4. No licensed fish receiver shall purchase or otherwise acquire or be in possession of any fish, aquatic life, or seaweed for the purpose of sale, unless the fish, aquatic life, or seaweed was—

5. purchased or acquired for the purpose of sale from—
   1. a commercial fisher; or
   2. another licensed fish receiver; or
   3. a fish farmer; or
   4. the operator of a foreign fishing vessel, if the fish, aquatic life, or seaweed was landed under the authority and in accordance with the conditions of a licence issued under section 83; or
   5. the operator of a foreign vessel, if the fish, aquatic life, or seaweed was landed and disposed of in accordance with the conditions of an approval granted under section 113; or
6. lawfully taken by that person for the purpose of sale in the person's capacity as a commercial fisher, where that person has lawfully kept and completed all records, returns, and other documents required under this Act as if the commercial fisher and the licensed fish receiver had been separate persons; or
7. acquired or possessed by the licensed fish receiver otherwise than for the purpose of sale by the licensed fish receiver in accordance with subsection (7).

8. Repealed

9. No spat catching permit holder shall be in possession of any fish, aquatic life, or seaweed for the purpose of sale, unless the fish, aquatic life, or seaweed was taken by that person in that person's capacity as a spat catching permit holder.

10. No person (other than a person who at the relevant time is acting in the person's capacity as a commercial fisher, licensed fish receiver, fish farmer, or spat catching permit holder) shall purchase, otherwise acquire, or be in possession of any fish, aquatic life, or seaweed for the purpose of sale, unless the fish, aquatic life, or seaweed was purchased or acquired from—

11. a commercial fisher in a transaction referred to in section 191(2); or
12. a licensed fish receiver; or
13. a fish farmer; or
14. a person using an approved method of disposal in accordance with regulations made under section 297.

15. Every person commits an offence and is liable to the penalty set out in section 252(3) who contravenes any provision of subsections (1) to (5).

16. In proceedings for an offence relating to a contravention of any of subsections (1) to (5),—

17. the prosecutor need not assert in the charging document that any exception or excuse in those subsections does not apply; and
18. the burden of proving that any exception or excuse applies lies on the defendant.

19. For the purposes of subsection (2)(c), fish, aquatic life, or seaweed is acquired or possessed by a licensed fish receiver in accordance with this subsection if the fish, aquatic life, or seaweed—

20. is held by the licensed fish receiver for a person for storage or processing; and
21. was taken by that person in accordance with any relevant amateur or Maori customary non-commercial fishing regulations made under this Act; and
22. is held by the licensed fish receiver with the approval in writing of the chief executive (which approval may be granted either generally or particularly) but was not so held before that approval was granted; and
23. is stored and processed in accordance with the conditions imposed by the chief executive (which conditions may relate to records and returns and such other conditions as the chief executive thinks fit to impose).

24. Subsection (5) does not apply in respect of fish, aquatic life, or seaweed if—

25. the fish, aquatic life, or seaweed was lawfully purchased or acquired from an approved person; and
26. that approved person has lawfully acquired or purchased the fish, aquatic life, or seaweed from a licensed fish receiver; and
27. the purchase or acquisition, and the storage and disposal, of the fish, aquatic life, or seaweed, and the keeping of records in relation to it, was in accordance with the conditions of the approval granted by the chief executive.

28. Subsection (5) does not apply in respect of any fish, aquatic life, or seaweed produced in the course of a lawful fish farming operation and subsequently traded.

29. This section does not apply in respect of—

30. whitebait, seaweed of the class Rhodophyceae taken while it is unattached and cast ashore, unwanted aquatic life, ornamental fish, seabirds, or protected species; or
31. any fish, aquatic life, or seaweed lawfully taken outside New Zealand fisheries waters that has been landed in any country other than New Zealand; or
32. any transaction with the Crown; or
33. any fish, aquatic life, or seaweed lawfully taken otherwise than for the purpose of sale and served as part of a meal to the person who took the fish, aquatic life, or seaweed and the person's immediate guests.