Fisheries Act 1996

Appointment and powers of fishery officers - Power of arrest

203: Power of arrest

You could also call this:

"What happens if a fishery officer catches you breaking the law"

If you break the Fisheries Act 1996, a fishery officer can tell you to stop. They can ask for your name, date of birth, address, and job if they think you are breaking the law. They can ask for proof of these details if they think you are lying. If you keep breaking the law after being told to stop, or if you refuse to give the fishery officer the information they ask for, they can arrest you. When a fishery officer arrests you, they must hand you over to a constable as soon as possible. If you are given a summons under sections 28 and 30 of the Criminal Procedure Act 2011, a fishery officer must do the duties listed in section 31 of that Act, not a constable.

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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=DLM398616.

Topics:

Environment and resources > Farming and fishingCrime and justice > Police and safety

202: Powers for purpose of ascertaining financial status or interest in forfeit property of certain persons, or

"Officers can ask about your money or property if you break fisheries rules"

204: Power to give directions to master, or

"A fishery officer can tell you what to do if you're breaking fishing rules."

Part 11Appointment and powers of fishery officers
Power of arrest

203Power of arrest

For the purpose of the enforcement of this Act, a fishery officer may, if he or she believes on reasonable grounds that any person is offending against this Act, order that person to forthwith desist from offending.
For the purpose of the enforcement of this Act, a fishery officer may, at any reasonable time, if he or she believes on reasonable grounds that any person is offending or has committed an offence against this Act, request that person to supply to that fishery officer the person's full legal name, any other name by which the person is commonly known, and the person's date of birth, actual place of residence, and occupation.
If the fishery officer believes on reasonable grounds that any of the details supplied under subsection (2) are false or misleading, the fishery officer may request that person to supply to that fishery officer such verification of those details as it is reasonable in the circumstances to require the person to provide.
If any person continues to offend after being required under subsection (1) to desist, or refuses to comply with a request under subsection (2) or subsection (3), the fishery officer may arrest that person without warrant.
If a fishery officer arrests a person under subsection (4),—
the fishery officer shall cause the person to be delivered into the custody of a constable as soon as practicable; and
if the person so delivered into custody is issued with a summons pursuant to sections 28 and 30 of the Criminal Procedure Act 2011, the duties under section 31 of that Act must be carried out by a fishery officer and not a constable.

Compare

1983 No 14 s 79(1)(d), (5A)
1990 No 29 s 37(4)

Notes

Section 203(2): amended, on 1 October 2004, by section 46 of the Fisheries Amendment Act (No 3) 2004 (2004 No 76).
Section 203(5)(a): amended, on 1 October 2008, pursuant to section 116(a)(ii) of the Policing Act 2008 (2008 No 72).
Section 203(5)(b): replaced, on 1 July 2013, by section 413 of the Criminal Procedure Act 2011 (2011 No 81).