Fisheries Act 1996

Appointment and powers of fishery officers - Powers of entry, search, and questioning

199: Powers of entry and examination for regulatory purposes

You could also call this:

"Fishery officers can check your things to make sure you're following the fishing rules"

You can be stopped by a fishery officer at any reasonable time. They can examine your vessel, vehicle, or premises to check for fish, aquatic life, or seaweed. They can also look at your accounts, records, and documents to see if you are following the rules. You might be asked to open something so the officer can examine it. They can take a sample of something for testing. The officer can stop you and look at anything you have with you. A fishery officer can also detain your vessel, vehicle, or other things for as long as they need to examine them. They can use a visual surveillance device to observe you, which is an instrument that can observe or record objects or activities, as defined in section 199A. This device can be electronic, mechanical, or optical, and is used to monitor compliance with the Act.

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This page was last updated on 12 November 2025

View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM398609.

Topics:

Environment and resources > Farming and fishingBusiness > Industry rules

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

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

199A: Powers of entry and search for law enforcement purposes, or

"When can a fishery officer stop and search you or your things?"

Part 11Appointment and powers of fishery officers
Powers of entry, search, and questioning

199Powers of entry and examination for regulatory purposes

In the course of the enforcement and administration of this Act, a fishery officer may, at any reasonable time,—
examine any vessel, vehicle, premises, or other place (by stopping or opening the thing or place, as the case requires, where necessary) and—
1. examine any fish, aquatic life, or seaweed in that thing or at that place; or
2. examine any accounts, records, returns, or other documents in that thing or at that place that may be relevant to monitoring compliance with this Act or any regulations made under this Act; or
3. examine any record, authority, approval, permission, licence, or authority in that thing or at that place that may be relevant to monitoring compliance with this Act or any regulations made under this Act; or
4. examine any article, gear, container, apparatus, device, or thing relating to the taking, sale, purchase, farming, or possession of any fish, aquatic life, or seaweed that is in that thing or at that place:
enter, pass across, or remain upon any land for the purpose of observing any public place, including by the use of a visual surveillance device:
stop any person and examine any thing referred to in paragraph (a)(i) to (iv) that is in the possession of that person:
for the purposes of any examination under paragraph (a) or (c),—
1. open, or direct any person to open, any thing that may be examined; and
2. take any sample of a thing that may be examined, for forensic or other scientific testing:
for the purposes of exercising any power conferred by paragraph (a), enter or pass across any land.

A fishery officer may detain any vessel, vehicle, conveyance of any kind, parcel, package, record, document, article, gear, apparatus, device, container, fish, aquatic life, seaweed, or thing for any period that is reasonably necessary to enable the fishery officer to carry out an examination under this section.
In this section and in section 199A, visual surveillance device means any electronic, mechanical, electromagnetic, optical, or electro-optical instrument, apparatus, equipment, or other device that is used or is capable of being used to observe, or to observe and record, any object or activity.

Notes

Section 199: replaced, on 18 April 2012, by section 248 of the Search and Surveillance Act 2012 (2012 No 24).