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Fisheries Act 1996

Appointment and powers of fishery officers - Appointment of fishery officers

198: Issue of warrants and conferral of powers

You could also call this:

"Who can get special powers to enforce fishing laws?"

Illustration for Fisheries Act 1996

The chief executive can issue warrants to people who are fishery officers, honorary fishery officers, or examiners. You can be given a warrant that says what powers you have under the Fisheries Act 1996, and it might also say where you can use those powers and what type of fish or seaweed they apply to. If you are an honorary fishery officer, your warrant will usually apply to all types of fish, aquatic life, or seaweed, unless it says otherwise. When someone's appointment as a fishery officer, honorary fishery officer, or examiner ends, they have to give their warrant back to the chief executive. The chief executive can issue different types of warrants to different people, depending on what type of officer they are and what powers they need to have. You can find more information about this in section 196, section 197, and section 222.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM398603.

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197: Appointment of honorary fishery officers, or

"The chief executive can choose people to help with fishery work as honorary officers."

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198A: Powers may be exercised outside New Zealand fisheries waters, or

"Law officers can enforce fishing rules outside New Zealand waters"

Part 11Appointment and powers of fishery officers
Appointment of fishery officers

198Issue of warrants and conferral of powers

  1. The chief executive may, from time to time, issue—

  2. to any person appointed in accordance with section 196 to be a fishery officer a warrant authorising the person to exercise the powers conferred on fishery officers under this Act:
    1. to any person appointed under section 197 to be an honorary fishery officer a warrant that shall specify—
      1. such of those powers conferred on fishery officers under this Act as the person may exercise:
        1. the area or areas to which the warrant relates:
          1. if appropriate, the species or stock of fish, aquatic life, or seaweed to which the warrant relates:
          2. to any person appointed under section 222 to be an examiner a warrant specifying such of the powers conferred on fishery officers under this Act as the person may exercise.

            1. Except as otherwise specified in the warrant, a warrant issued to an honorary fishery officer under subsection (1)(b) applies to all species or stocks of fish, aquatic life, or seaweed.

            2. On the termination of a person's appointment as a fishery officer, honorary fishery officer, or examiner under this Act, the person shall surrender to the chief executive any warrant issued to the person in respect of that appointment.

            Compare
            Notes
            • Section 198(1)b)(iii): amended, on , by section 45(1) of the Fisheries Amendment Act (No 3) 2004 (2004 No 76).
            • Section 198(1A): inserted, on , by section 45(2) of the Fisheries Amendment Act (No 3) 2004 (2004 No 76).