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Fisheries Act 1996

Appointment and powers of fishery officers - General powers

215: General powers

You could also call this:

"Powers to Enforce Fishing Laws"

Illustration for Fisheries Act 1996

You can be a fishery officer. You can do things and give orders to enforce the law. You can use your powers in New Zealand and in New Zealand fisheries waters. You can also use your powers beyond New Zealand fisheries waters in certain situations. You can stop a foreign vessel if you think someone on it broke the law in New Zealand fisheries waters. You must be chasing the vessel and have started the chase in New Zealand fisheries waters. The term 'freshly pursued' means chasing without stopping, as explained in section 6 of the Maritime Powers Act 2022. You have these powers to enforce the law and keep people safe.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM398645.

Topics:
Environment and resources > Farming and fishingCrime and justice > Police and safety
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Part 11Appointment and powers of fishery officers
General powers

215General powers

  1. A fishery officer may do all such acts and things and give such directives as are reasonably necessary for the purposes of exercising any of his or her powers under this Act.

  2. The powers of a fishery officer under this Act are exercisable—

  3. within New Zealand:
    1. in New Zealand fisheries waters:
      1. beyond New Zealand fisheries waters.

        1. Subsection (2)(c) does not authorise a fishery officer to exercise any powers under this Act in respect of any foreign vessel or any person aboard any such vessel unless the fishery officer—

        2. believes on reasonable grounds that any person on board the vessel has committed an offence in New Zealand fisheries waters; and
          1. is in fresh pursuit of, or has freshly pursued, the vessel; and
            1. commenced that pursuit in New Zealand fisheries waters.

              1. In this section, freshly pursued has the same meaning as pursued without interruption in section 6 of the Maritime Powers Act 2022, and fresh pursuit has a corresponding meaning.

              Compare
              Notes
              • Section 215(2)(c): amended, on , by section 20 of the Fisheries (Remedial Issues) Amendment Act 1998 (1998 No 67).
              • Section 215(4): inserted, on , by section 54 of the Maritime Powers Act 2022 (2022 No 23).