Fisheries Act 1996

Offences and penalties - Proceedings, defences, etc

237: Summons may be served on agent of foreign vessel

You could also call this:

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

If you get a summons about a fishing offence, it can be given to an agent. This agent is for a foreign fishing vessel or a New Zealand vessel owned or operated by foreigners. The summons is considered served if it is given to the agent in a way allowed by the rules made under the Criminal Procedure Act 2011. You can serve the summons on the agent of the vessel's operator or charterparty. This agent is the person nominated when the vessel was registered or licensed. The agent is still the authorised agent even if the vessel is not currently registered or licensed. The rules for serving a summons are made under the Criminal Procedure Act 2011. You serve the summons on the agent in one of the ways permitted by those rules. This means the summons is considered served on the defendant.

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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=DLM398689.

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236: Proceedings for offences, or

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

238: Charges relating to certain offences may be heard together, or

"The court can hear multiple related fishing offence charges together if it's fair."

Part 13Offences and penalties
Proceedings, defences, etc

237Summons may be served on agent of foreign vessel

Any summons in respect of an offence against this Act that relates to any foreign fishing vessel or foreign-owned New Zealand fishing vessel or foreign-operated fish carrier shall be deemed to have been served on the defendant in accordance with rules made under the Criminal Procedure Act 2011 if the summons is served, in any one of the ways permitted by those rules, on the authorised agent of—
the operator of any foreign-owned New Zealand fishing vessel or any foreign-operated fish carrier; or
the foreign charterparty of any foreign-owned New Zealand fishing vessel; or
the operator of any foreign fishing vessel.

For the purposes of subsection (1), the authorised agent shall be the person nominated as authorised agent at the time of registration or licensing of the vessel, as the case may be, whether or not the vessel is currently registered or licensed under this Act.

Compare

1983 No 14 s 104(1), (2), (3), (6)
1987 No 117 s 11(1)

Notes

Section 237(1): amended, on 1 July 2013, by section 413 of the Criminal Procedure Act 2011 (2011 No 81).