Fisheries Act 1996

Appointment and powers of fishery officers - Crown caveats

214: Crown caveats preventing registration of transactions

You could also call this:

"What happens to your fishing quota if you're accused of breaking the law"

If you are charged with an offence under the Fisheries Act 1996, the chief executive may direct that a caveat be registered against your quota. This means you cannot sell or deal with your quota until the caveat is lifted. The chief executive can do this if they think you have committed an offence that could result in your quota being taken away under section 255C or section 255D. If a fishery officer believes you have committed an offence, they can also ask for a caveat to be registered against your quota. The caveat can apply to some or all of your quota shares. You can ask a court to lift the caveat, and the court can do this if it thinks it is fair. A caveat registered because you have been charged with an offence will stay in place until your case is finished. But if a caveat is registered because a fishery officer thinks you have committed an offence, it will only last for 30 days unless a court extends it. The court can extend the caveat for up to 60 days if the chief executive or a fishery officer asks them to. You must be told about any application to extend the caveat, and you have the right to go to court to argue against it. If the police decide not to charge you with an offence, the chief executive must lift the caveat straight away. In this section, quota and quota shares include associated quota, which is defined in section 255.

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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=DLM398635.

Topics:

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

213: Protection of the Crown, or

"The Crown is not liable for damage to seized items"

215: General powers, or

"Powers to Enforce Fishing Laws"

Part 11Appointment and powers of fishery officers
Crown caveats

214Crown caveats preventing registration of transactions

If—
any person has been charged with an offence under this Act and conviction for that offence may result in forfeiture of quota under section 255C or section 255D; or
a fishery officer believes on reasonable grounds that any person has committed such an offence,—

direct that a caveat be registered under this Act

owned by that person or associated quota (as defined in section 255) owned by any other person

A court may at any time, on application by the owner of any quota or the owner of any quota alleged to be associated quota, order that any caveat registered in respect of quota in accordance with a direction under subsection (1) shall not apply in respect of the quota or any part of the quota, whether generally or in respect of any specified dealing in the quota, and any such order may be subject to such sureties and conditions as the court may specify.
A caveat registered in respect of quota in accordance with a direction to which subsection (1)(a) applies shall have effect until all proceedings in respect of the relevant offence have been finally determined.
A caveat registered in respect of quota in accordance with a direction to which subsection (1)(b) applies shall lapse on the expiry of the 30th day after the date of its registration, or at such earlier date as may, at the direction of the chief executive, be specified in the caveat.
Upon application to a court by the chief executive, or any fishery officer, the court may extend the duration of any caveat, registered in respect of quota in accordance with a direction to which subsection (1)(b) applies, for a period of up to 60 days from the date on which the caveat would otherwise expire, and upon such conditions as the court may specify.
Any application under subsection (5) shall be made before the expiry of the current caveat and the application shall have the effect of extending the duration of the current caveat until the court makes an order determining the application.
No application under subsection (5) shall be heard by the court unless it is satisfied that notice of the application has been served on any owner of quota, in respect of which quota a caveat has been registered in accordance with a direction to which subsection (1)(b) applies, at least 7 days before the hearing of the application.
On any decision being made not to file a charging document against the person, the chief executive must immediately arrange for any caveat registered in accordance with a direction under subsection (1) to be cancelled.
In this section, except for subsection (1), the terms quota and quota shares include associated quota as defined in section 255.

Compare

1983 No 14 ss 28Q(7), (8), 80A
1986 No 34 s 10
1990 No 29 ss 17(5), 39(1)
1991 No 149 s 24

Notes

Section 214(1): amended, on 1 October 2001, by section 21(1) of the Fisheries Amendment Act 2001 (2001 No 65).
Section 214(1): amended, on 1 October 2001, by section 50(1)(b) of the Fisheries Act 1996 Amendment Act 1999 (1999 No 101).
Section 214(1)(a): amended, on 1 October 2001, by section 50(1)(a) of the Fisheries Act 1996 Amendment Act 1999 (1999 No 101).
Section 214(2): amended, on 1 October 2001, by section 21(2) of the Fisheries Amendment Act 2001 (2001 No 65).
Section 214(8): substituted, on 1 October 2001, by section 50(2) of the Fisheries Act 1996 Amendment Act 1999 (1999 No 101).
Section 214(8): amended, on 1 July 2013, by section 413 of the Criminal Procedure Act 2011 (2011 No 81).
Section 214(9): added, on 1 October 2001, by section 21(3) of the Fisheries Amendment Act 2001 (2001 No 65).