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Fisheries Act 1996

Offences and penalties - Proceedings, defences, etc

236: Proceedings for offences

You could also call this:

"What happens if you break a fishing rule in New Zealand"

Illustration for Fisheries Act 1996

If you break a rule in the Fisheries Act 1996, it is like you broke the rule in New Zealand. You can be charged with an offence within a certain time after the offence happened. This time is 12 months if the maximum fine is $10,000 or less, or 2 years if the fine is more than $10,000. Only certain people can start a prosecution against you for breaking a rule in the Fisheries Act 1996. These people are the chief executive, the chief executive of the department responsible for the Conservation Act 1987, any fishery officer, or the Fish and Game Council in the area where the offence happened. They are the ones who can take action against you for breaking the rules.

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This page was last updated on

View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM398687.

Topics:
Environment and resources > Farming and fishingCrime and justice > Criminal law
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"Do not help vessels that break fishing rules"

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"A summons about a fishing offence can be given to an agent of a foreign vessel."

Part 13Offences and penalties
Proceedings, defences, etc

236Proceedings for offences

  1. Any offence against this Act shall be deemed to have been committed in New Zealand.

  2. Despite anything to the contrary in section 25 of the Criminal Procedure Act 2011, the limitation period in respect of an offence against this Act—

  3. ends on the date that is 12 months after the date on which the offence was committed if the offence is one for which the maximum fine does not exceed $10,000:
    1. ends on the date that is 2 years after the date on which the offence was committed if the offence is one for which the maximum fine exceeds $10,000.

      1. No prosecution for an offence against this Act may be commenced except by—

      2. the chief executive; or
        1. the chief executive of the department for the time being responsible for the administration of the Conservation Act 1987; or
          1. any fishery officer; or
            1. the Fish and Game Council in any district in which an offence has been committed or an offender is found.

              Notes
              • Section 236(2): replaced, on , by section 413 of the Criminal Procedure Act 2011 (2011 No 81).
              • Section 236(3): added, on , by section 53 of the Fisheries Act 1996 Amendment Act 1999 (1999 No 101).