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Fisheries Act 1996

Appointment and powers of fishery officers - Provisions relating to exercise of powers

221: Complaints against fishery officers or high seas fishery inspectors

You could also call this:

"How to complain about a fishery officer"

Illustration for Fisheries Act 1996

You can make a complaint about a fishery officer or high seas fishery inspector if you think they have done something wrong. You need to write down what happened and send it to the chief executive. The chief executive might ask you for more information. The chief executive will tell the fishery officer or high seas fishery inspector about your complaint. They will also choose someone to investigate what happened. This investigator will talk to people, gather information, and write a report. The chief executive will read the report and decide what to do. They will tell the fishery officer or high seas fishery inspector and you what they have decided. If the complaint is serious, the investigator will be someone who is not an employee of the Ministry and has been a lawyer for at least 7 years. This investigator has the same powers as a Commission of Inquiry, which is a special group that looks into important issues, as stated in the Commissions of Inquiry Act 1908. The chief executive does not have to investigate complaints that they think are not serious or are made to cause trouble.

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Part 11Appointment and powers of fishery officers
Provisions relating to exercise of powers

221Complaints against fishery officers or high seas fishery inspectors

  1. A person may lodge a complaint in writing with the chief executive if the person believes that a fishery officer or a high seas fishery inspector is guilty of misconduct or neglect of duty in the exercise, or alleged exercise, of—

  2. a power conferred on fishery officers by this Part; or
    1. any other powers conferred on high seas fishery inspectors by Part 6A.

      1. Every such complaint shall contain details of the alleged misconduct or neglect of duty and the chief executive may, in order to satisfy himself or herself as to the nature of the complaint, require further particulars from the complainant.

      2. The chief executive shall, after receiving a complaint made in accordance with this section and further particulars (if any),—

      3. notify the fishery officer or high seas fishery inspector who is the subject of the complaint; and
        1. subject to subsection (6), appoint an investigator to investigate the complaint in accordance with this section.

          1. The investigator shall notify the fishery officer or high seas fishery inspector of the investigation and shall, after making inquiries and obtaining the information he or she considers necessary in the circumstances, make a report to the chief executive, which report shall make recommendations as to whether the complaint should be upheld in whole or part.

          2. The chief executive must, after receiving the investigator's report and after giving the fishery officer or high seas fishery inspector concerned the opportunity to comment on it,—

          3. decide whether the complaint should be upheld in whole or in part; and
            1. notify the fishery officer, or high seas fishery inspector, and the complainant of the chief executive's decision.

              1. If the chief executive is satisfied that a complaint may, if proven, amount to serious misconduct or serious neglect of duty, the investigator appointed under subsection (3)(b) to inquire into the complaint and report in accordance with subsection (4) shall be a person who—

              2. is not an employee of the Ministry; and
                1. has held a practising certificate as a barrister or solicitor for at least 7 years.

                  1. The investigator referred to in subsection (6) has the same powers as are conferred on a Commission of Inquiry by the Commissions of Inquiry Act 1908, and all the provisions of that Act, except sections 11 and 12 (which relate to costs), shall apply accordingly.

                  2. Nothing in this section requires the chief executive to investigate any complaint which he or she considers is frivolous or vexatious.

                  Notes
                  • Section 221 heading: substituted, on , pursuant to section 24 of the Fisheries Act 1996 Amendment Act (No 2) 1999 (1999 No 103).
                  • Section 221(1): substituted, on , by section 24(1) of the Fisheries Act 1996 Amendment Act (No 2) 1999 (1999 No 103).
                  • Section 221(3)(a): amended, on , by section 24(2) of the Fisheries Act 1996 Amendment Act (No 2) 1999 (1999 No 103).
                  • Section 221(4): amended, on , by section 24(2) of the Fisheries Act 1996 Amendment Act (No 2) 1999 (1999 No 103).
                  • Section 221(5): substituted, on , by section 24(3) of the Fisheries Act 1996 Amendment Act (No 2) 1999 (1999 No 103).