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Fisheries Act 1996
Offences and penalties
Evidence in proceedings
251: Presumptions to apply whether or not separate or further evidence adduced in support

Part 1:
Preliminary provisions

2Interpretation 3Meaning of term associated person in relation to quota 3AMeaning of associated person in relation to issue of fishing permits 4Meaning of terms overseas person, ordinarily resident in New Zealand, and nominee 5Application of international obligations and Treaty of Waitangi (Fisheries Claims) Settlement Act 1992 6Application of Resource Management Act 1991 6ATransitional, savings, and related provisions 7Act to bind the Crown

Part 2:
Purpose and principles

8Purpose 9Environmental principles 10Information principles

Part 3:
Sustainability measures

11Sustainability measures 11AFisheries plans 12Consultation 13Total allowable catch 14Alternative total allowable catch for stock specified in Schedule 3 14AAlternative total allowable catch for stocks specified by Order in Council 14BAlternative total allowable catch for certain stocks 14CStock may be declared no longer subject to section 14B 15Fishing-related mortality of marine mammals or other wildlife 16Emergency measures

Part 4:
Quota management system

Special provisions relating to allocation of quota for certain Schedule 4 stocks

50ANotification of allocation of provisional catch history 50BAllocation of quota on basis of provisional catch history 50CNotification of allocation of quota 50DQuota holders may offer individual transferable quota to the Crown 50EChief executive to determine whether more than 80 000 000 quota shares held by other quota owners 50FCrown acquisition of quota where more than 80 000 000 quota shares held by other quota owners 50GCompensation for reduction of quota

Appeals

51Rights of appeal 52Effect of decision to alter provisional catch history 53Calculation of entitlement to quota following appeal 54Allocation of quota if proceedings determined late in fishing year 55Determination or order not to affect quota allocated to Te Ohu Kai Moana Trustee Limited

Overseas investment in and aggregation of quota

56Purpose of overseas investment fishing provisions 57Overview of overseas investment fishing provisions 57AInterpretation of overseas investment fishing provisions 57BConsent required for overseas investments in fishing quota 57CConsent must be obtained before overseas investment given effect 57DWhat are overseas investments in fishing quota 57EApproach to criteria for consent 57FWho are relevant overseas persons, and individuals with control, for overseas investments 57GCriteria for overseas investments in fishing quota 57HFactors for determining whether or not overseas investment in fishing quota will, or is likely to, benefit New Zealand 57IApplying good character and Immigration Act 2009 criteria 57JWho administers overseas investment fishing provisions 57KNo person in breach becomes entitled to provisional catch history 58Interest in fishing quota that is overseas investment in fishing quota to be forfeit 58APowers of court on application for declaration under section 58 58BInterest in fishing quota forfeited under section 58 or section 58A must be dealt with in accordance with section 62 59Aggregation limits 60Minister may consent to persons holding quota in excess of aggregation limits 61Quota held in excess of aggregation limits to be forfeit 62Provisions relating to forfeit property

Order of transactions

63Order of transactions 64Order of transactions on first day of new fishing year

Generation of annual catch entitlement

65Characteristics of annual catch entitlement 66Generation of annual catch entitlement at beginning of new fishing year 67Allocation of annual catch entitlement 67AAllocation of additional annual catch entitlement in case of underfishing 67BAmendments to Schedule 5A 68Minister to create additional annual catch entitlement if total allowable catch increased during fishing year

Annual catch entitlement required before fishing

69Catch must be covered by annual catch entitlement 70Defences applicable to certain stock 71Defences applicable to individual fishers 72Dumping of fish prohibited 72AMinister may require or permit fish or other animal that is aquatic life to be returned or abandoned 73Offence to transfer used annual catch entitlement 74Minimum holdings of annual catch entitlement 74AOrders under section 74(7) are confirmable instruments

Deemed values

75Minister to set deemed value rates 75ARequirement to consult in relation to deemed values 75BLimitation period for challenges to deemed values 76Catch to be counted against annual catch entitlement 76AApplication for catch balancing relief 76BEffect of granting catch balancing relief 77Over-fishing thresholds 77AMatters to be taken into account when recommending over-fishing thresholds 78Catch in excess of over-fishing thresholds 78AOther persons may be subjected to same conditions as commercial fisher with catch in excess 78BRemoval of conditions on other persons 79Suspension of permit for non-payment of deemed value 79ASuspension of fishing permit of other persons 79BRemoval of suspension, or direction to issue permit

Conclusive notification

80Conclusive notification

Part 5:
Foreign licensed access

81Calculation of foreign allowable catch 82Apportionment of foreign allowable catch for foreign fishing vessels 83Issue of licences 84Licensing offences 85Fees, royalties, and charges 86Suspension and revocation of licences 87Review by courts 88Administrative penalties for fisheries offences

Part 6:
Access to fishery

Fishing permits

89All fishing to be authorised by fishing permit unless specific exemption held 89AExemption relating to farmed fish and spat catching 89BExemption relating to protected customary rights 90Application for fishing permit 91Issue of fishing permit 92Fishing permit may be issued subject to conditions 93Qualifications for holding fishing permit and moratorium 93AFishing permits subject to moratorium issued to related persons on death of fishing permit holder 93BExpiry of section 93A 94Right of review against decisions made under delegated authority 95Obligations of fishing permit holder 96Revocation of fishing permit

Special permits

97Special permits

Administration

98Registers 99Appointment of Registrars 100Matters to be shown in Permit Register and Fishing Vessel Register 101Matters to be shown in Fishing Vessel Register 101AMatters to be shown in International Fishing Permit Register 102Access to registers

Fishing vessel registration

103Fishing vessels must be registered 103AProcess for granting exemption from requirement to be New Zealand ship and granting consent to registration 104Provisions relating to notified users of fishing vessels 105Fish carriers must be registered 106Further provisions relating to registration of vessels 106ASuspension of consent to registration 106BRights of review and appeal relating to suspension of consent to registration of vessel 107Cancellation of registration of fishing vessel 108Application of this Part to tenders 109Presumption that fish on registered vessel caught in New Zealand 110Fish taken in New Zealand fisheries waters must be landed in New Zealand 111Fish on registered vessel deemed to have been taken for purpose of sale 112Taking of fish, etc, by other than New Zealand ships 113Possession of fish, etc, by vessels that are not New Zealand ships 113AAll fishing within foreign fishing jurisdiction to be authorised

Part 6A:
International fishing

113BInterpretation 113BAMeaning of beneficial owner 113BBMeaning of IUU fishing 113BCMeaning of undermine effectiveness of international conservation and management measures 113CNotification and certification by Secretary of Foreign Affairs and Trade

Requirements relating to international fishing

113DAAAAll fishing within foreign jurisdiction to be in accordance with local law 113DTaking and transportation of fish, etc, outside New Zealand fisheries waters using New Zealand ships 113EUse of foreign vessels on high seas by New Zealand nationals 113FExemption from section 113E

Issue of international fishing permits

113GApplication for international fishing permit 113HChief executive may issue international fishing permit for high seas or national fisheries jurisdiction 113HACriteria that must be met before international fishing permit is issued 113HBOther considerations before international fishing permit is issued 113ITerm and content of international fishing permit

Compliance with conditions and regulations

113JCompliance with conditions and regulations 113KConditions of international fishing permit 113LInternational fishing permit to be carried on vessel 113MNotification of change of ownership of vessel

Suspension and revocation of international fishing permits

113NChief executive may suspend or revoke international fishing permit 113OProcedure to be followed before suspending or revoking permit 113PEffect of suspension or revocation of permit

High seas fishery inspectors

113QHigh seas fishery inspectors 113RPowers of high seas fishery inspectors in relation to New Zealand vessels 113SPowers of high seas fishery inspectors in relation to foreign vessels 113SAPowers of high seas fishery inspectors to verify nationality of vessels 113TBoarding and inspection procedures relating to foreign vessels 113UInvestigation of serious violations: powers to remain on and direct vessel to port 113UAInvestigation of serious violations: power to detain vessel at port 113UBInvestigation of serious violations: search powers while vessel at port 113UCInvestigation of serious violations: search warrant required to enter living quarters or conduct remote access search 113UDInvestigation of serious violations: powers to detain, question, etc, master and crew 113VBoarding and inspection procedures modified by notified global, regional, or subregional fisheries organisation or arrangement 113WPersons on New Zealand ships to co-operate with foreign high seas inspectors 113XPowers of foreign high seas inspector when requested to investigate 113YChief executive may withdraw authorisation to fish under international fishing permit

Administrative penalties

113ZAdministrative penalties for offences outside New Zealand fisheries waters 113ZARight to require that offence be dealt with by court 113ZBAdmission of offence 113ZCAmount of administrative penalty 113ZCAPublication of decisions on administrative penalties

Other matters

113ZDVisits by foreign ships 113ZEConsent of Attorney-General required for certain proceedings 113ZFAuthorised agent

Part 7:
Dispute resolution

114Application of this Part

Statement of procedure

115Minister to issue statement of procedure 116Content of statement of procedure

Fisheries Dispute Commissioners

117Minister may appoint Fisheries Dispute Commissioner to resolve dispute 118Inquiries 119Secretarial services 120Fees and allowances of Commissioner 121Protection of sensitive information 122Commissioner to report to Minister within 60 working days 123Minister to determine dispute

Part 8:
Registration of transfers, mortgages, caveats, etc

Administration

124Registers 125Appointment of Registrars 126Chief executive to have use of seal 127Matters to be shown in Quota Register 128Matters to be shown in Annual Catch Entitlement Register 129Registers to be open for inspection 130Chief executive may close register 131Liability of officers

Transfers of quota or annual catch entitlement

132Transfers of individual transferable quota 133Transfers of annual catch entitlement 134Annual catch entitlement transferable during extended trading period 135Other dealings in quota or annual catch entitlement

Mortgages of quota

136Mortgages of quota 137Mortgages of annual catch entitlement prohibited 138Variation of terms of mortgage by endorsement 138AAssignment of mortgages 139Rights of mortgagee 140Restriction on exercise of power of sale 140ARestriction on transfer by mortgagee 141Court may permit mortgagee to exercise power before period expired 142Restriction on action to recover deficiency 143No contracting out 144Application of purchase money 145Transfer by mortgagee 146Discharge of mortgage

Caveats

147Types of caveats 148Effect of caveat 149Caveat against transfer of quota or annual catch entitlement 150Caveat may be withdrawn 151Procedure for removal of caveat 152Person entering or maintaining caveat without due cause liable for damages

Settlement quota interests

152ARegistration 152BEffect of registering settlement quota interest against quota shares

Effect of decrease in or cancellation of quota

153Effect of decrease in quota shares 154Effect of alteration of quota management area

Registration procedure

155Transactions not effectual until registered 156When transactions deemed registered 157Application for registration 158Priority according to time of registration 159Registration procedure 160Provisions relating to defective applications for registration

Acquisitions by operation of law

161Person claiming under operation of law may apply to have interest registered 162Procedure on application 163Chief executive may transfer quota or annual catch entitlement

Correction of registers

164Application for correction of register 165Correction of register 166Certified copies of register to be evidence 167Registrar not bound to attend court or produce register without court order

Guarantee of ownership rights

168Guarantee of ownership rights

Protection of purchasers

169Purchasers and mortgagees not affected by notice 170No liability on bona fide purchaser or mortgagee

Compensation

171Compensation for mistake or wrongdoing in keeping Quota Register 172Notice of action to be served on Attorney-General and Registrar 173Recovery of compensation paid and costs in case of fraud

Part 9:
Taiapure-local fisheries and customary fishing

174Object 175Declaration of taiapure-local fisheries 176Provisions relating to order under section 175 177Proposal for establishment of taiapure-local fishery 178Initial consideration of proposal 179Notice of proposal 180Objections to, and submissions on, proposal 181Inquiry by tribunal 182Appeal on question of law 183Power of Minister to recommend declaration of taiapure-local fishery 184Management of taiapure-local fishery 185Power to recommend making of regulations

Customary fishing

186Regulations relating to customary fishing 186ATemporary closure of fishing area or restriction on fishing methods 186BTemporary closure of fisheries

Part 9A:
Aquaculture

186CInterpretation

Aquaculture decisions in relation to coastal permits

186DChief executive may seek information or consult certain persons for purposes of making aquaculture decision 186EChief executive to make aquaculture decision 186FOrder in which requests for aquaculture decisions to be processed 186GProvision of fisheries information relating to stock 186GAAquaculture decisions must not be made in relation to certain areas 186GAAAquaculture decisions must not be made in relation to certain areas 186GBMatters to be considered before aquaculture decision made 186HRequirements for aquaculture decision 186IAppeal against aquaculture decision 186JJudicial review of aquaculture decision

Aquaculture area decisions

Fish farmers

186KFish Farmer Register 186LInformation to be shown in Fish Farmer Register 186MAccess to Fish Farmer Register 186NFish farmer must advise chief executive of certain changes 186OLimitations on holding and dealing with fish farmer registration 186PRestriction on fish farming 186QExemptions 186RApplications to register as fish farmer 186SDecision on application 186TSection 186S subject to sections 30 and 31 of Aquaculture Reform (Repeals and Transitional Provisions) Act 2004 186UEffect of registration 186VRegistration of fish farmer 186WVariation of registration 186XAppeal against suspension of fish farmer registration 186YRevocation of registration 186ZAppeal against revocation of fish farmer registration 186ZASubpart does not affect Freshwater Fish Farming Regulations 1983 186ZBSubpart does not apply to fish farming under protected customary rights order or agreement

Spat catching

Harvestable spat

186ZCAlteration of Schedule 8A

Aquaculture agreements and compensation declarations

186ZDInterpretation 186ZERegisters of aquaculture agreements, pre-request aquaculture agreements, and compensation declarations 186ZEANegotiator in respect of aquaculture area decisions 186ZFQuota owners whose consent is necessary for aquaculture agreement 186ZGHigh Court may consent to aquaculture agreement on behalf of non-consenting persons 186ZHLodging aquaculture agreements with chief executive for registration 186ZHALodging compensation declarations with chief executive for registration 186ZIPeriod within which aquaculture agreements must be lodged for registration 186ZIAPeriod within which compensation declaration must be lodged for registration 186ZJNo proceedings to be taken against chief executive 186ZKChief executive must notify regional council of certain matters 186ZLMemorials

Pre-request aquaculture agreements

186ZMPre-request aquaculture agreements

Compensation

186ZNCompensation to be provided by coastal permit holder to affected quota owners if aquaculture agreement not lodged 186ZNACompensation to be provided by negotiator if aquaculture agreement not lodged in respect of aquaculture area 186ZOSubmission to arbitration 186ZPArbitrator to determine preliminary question about economic value of proposed aquaculture activities 186ZQDetermination of compensation 186ZRRegulations relating to compensation

Part 10:
Recordkeeping, reporting, disposal of fish, and provisions relating to taking and possession of fish for purpose of sale

187References to weight of fish, aquatic life, or seaweed to be references to greenweight 188Conversion factors 188ASpat ratio 189Persons who are required to keep records and returns 190Accounts, records, returns, and other information

Disposal of fish

191Disposal of fish by commercial fishers 192Restrictions on purchase or acquisition of fish by certain persons 192ARestriction on acquisition of fish, aquatic life, and seaweed by fish farmers

When fish deemed to be taken or possessed for purposes of sale

193Fish in licensed premises or premises where food sold deemed to have been taken for purpose of sale 194Fish in fish farm deemed to be farmed and possessed for sale 195Fish in excess of certain quantities deemed to have been acquired or possessed for purpose of sale

Part 11:
Appointment and powers of fishery officers

Appointment of fishery officers

196Appointment of fishery officers 197Appointment of honorary fishery officers 198Issue of warrants and conferral of powers 198APowers may be exercised outside New Zealand fisheries waters

Powers of entry, search, and questioning

199Powers of entry and examination for regulatory purposes 199APowers of entry and search for law enforcement purposes 199BApplication of Part 4 of Search and Surveillance Act 2012 200Conditions relating to exercise of powers of entry, etc 201Power to question persons and require production of documents 202Powers for purpose of ascertaining financial status or interest in forfeit property of certain persons

Power of arrest

203Power of arrest

Power to give directions

204Power to give directions to master

Power to use reasonable force

205Power to use reasonable force in exercise of certain powers

Power to take copies of documents

206Power to take copies of documents

Provisions relating to seizure

207Powers of seizure

Provisions relating to seized property

208Chief executive may release seized property under bond 209Seized property to be held by the Crown if not released 210Crown to release seized property in certain circumstances 211Seized property forfeited to the Crown if ownership not established 212Chief executive may sell perishable seized property 213Protection of the Crown

Crown caveats

214Crown caveats preventing registration of transactions

General powers

215General powers

Provisions relating to exercise of powers

216Protection against self-incrimination 217Fishery officer to provide identification 218Production of warrant to be sufficient authority to act 219Persons to assist fishery officer or high seas fishery inspector 220Protection of fishery officer or high seas fishery inspector from liability 221Complaints against fishery officers or high seas fishery inspectors

Examiners

222Examiners

Part 12:
Observer programme

223Observer programme established 224Chief executive to give notice of intention to place observer on vessel 225Powers of observers and obligations of persons on vessels carrying observers 226Food and accommodation to be provided for observers 227Supervision by observers of transhipments, dumping of fish, and operation of conversion factors 227AInstallation and maintenance of equipment on vessels may be required

Part 13:
Offences and penalties

228Breach of conditions or requirements 229Obstructing fishery officers or high seas fishery inspectors 230Neglect or refusal to supply particulars, and improper divulging of information 231Knowingly making false statement or using false document to obtain benefit 232Buying, selling, or possessing fish contrary to Act 233Knowingly acting in contravention of Act to obtain a benefit 234Using hazardous substance to catch or destroy fish 235Knowingly permitting premises to be used for offence against Act 235AAssisting, etc, IUU-listed vessel

Proceedings, defences, etc

236Proceedings for offences 237Summons may be served on agent of foreign vessel 238Charges relating to certain offences may be heard together 239Charging document may charge defendant with any number of offences 240Strict liability 241Defence available under this Act 242Defence for all quota management stocks 243Defence for specified quota management stocks 244Liability of body corporate 245Liability of companies and persons for actions of agent or employees 246Liability of directors and managers 247Presumption as to authority

Evidence in proceedings

248Certificates and official documents 249Copies of accounts, records, returns, etc 250Presumption as to master of vessel 251Presumptions to apply whether or not separate or further evidence adduced in support

Penalties

252Penalties 253Imprisonment of foreign persons 254Matters to be taken into account by court in sentencing 255Interpretation—forfeiture provisions 255AForfeiture for infringement offence 255BForfeiture where person liable to fine exceeding $10,000 but less than $100,000 255CForfeiture for section 252(2), (3), and (5) offences, offences carrying fine of $100,000, repeat offences, and serious non-commercial offences 255DForfeiture for section 252(1) or (4) offence 255EGeneral provisions relating to forfeiture 256Provisions relating to forfeit property 257Prohibition of fishing activity in case of reoffending 258Sum equal to deemed value payable if catch returns not completed or provided, or false returns provided 259Rewards to informants

Minor offence procedure

260Minor offences

Infringement offences

260AInfringement offences 260BInfringement notices 260CInfringement fees

Part 14:
Cost recovery

261Purpose of Part 262Cost recovery principles 263Cost recovery rules 264Levies 265Under-recovery and over-recovery of costs 265ARecommendation for levies payable in year commencing 1 October 2003 and subsequent years 266Other fees, charges, or levies 267Payment of levies 268Caveats on quota 269Suspension of permit, licence, or registration where levies unpaid 270Priority of debts 271Records and returns 272Levies to be separately accounted for 273Caveats on quota 274Priority of debts 275Suspension of permit or fish receiver's licence where levies unpaid

Part 15:
Fisheries administration

National Fisheries Advisory Council

276Minister may establish National Fisheries Advisory Council 277Members 278Chairperson 279Remuneration of members 280Secretarial services 281Certain powers of Minister not to be delegated 282Reports

Catch History Review Committee

283Catch History Review Committee established 284Functions of Committee 285Members 286Defect in appointment 287Committee may regulate its own procedure 288Hearings to be held in public except in certain circumstances 289Fees and travelling allowances 290Administration of Committee 291Representation of parties 292Evidence before Committee 293Decision of Committee

Administration generally

294Use of outside agencies in performance of functions under Act 295Notification of appointments and places for provision of information 296Electronic transmission

Part 15A:
Performance of services by approved organisations

296AInterpretation 296BTransfer of specified functions, duties, or powers to approved service delivery organisations 296CEffect of transfer of specified functions, duties, or powers 296DMinister must require payment of bond

Termination of orders transferring functions, duties, or powers

296ERevocation of order transferring functions, duties, or powers to approved service delivery organisation 296FEffect of termination of transfer

Transfer of property, rights, and obligations to chief executive

296GPurpose of sections 296H to 296N 296HMinister may transfer property, rights, and obligations to chief executive 296IMinister to give notice before transferring property, etc 296JContent of notice to transfer property, rights, and obligations 296KRight of appeal to District Court 296LDate on which transfer of property takes effect 296MCompensation for transfer of property 296NResolution of disputes regarding compensation

Powers of Minister in relation to approved service delivery organisations

296OMinister may issue standards and specifications 296PProcedure for issuing standards and specifications 296QApproved service delivery organisations must comply with directions

Sanctions for breach of standards and specifications or directions

296RSanctions for failing to comply with standards and specifications 296SDemerit points to be recorded by Minister 296TProcedure for recording demerit points 296UDemerit points recorded where no objection made 296VDemerit points recorded where objection made 296WCivil penalty imposed where demerit points recorded 296XCollection of civil penalty 296YPenalties payable into Crown Bank Account

Fees

296ZFees 296ZAASuspension of permit and refusal of services for non-payment of fees

Information disclosure requirements

296ZARegulations relating to information disclosure 296ZBInformation to be supplied to chief executive 296ZCSupply of information relating to business of approved service delivery organisation 296ZDRequirement that information be audited 296ZEDisclosure of information to Minister 296ZFAuditor to inform approved service delivery organisation of intention to disclose 296ZGProtection of auditors 296ZHUnique identifiers 296ZIRegulations

Part 16:
Miscellaneous provisions

297General regulations 298Regulations relating to sustainability measures 298ARegulations relating to demerit points 299Regulations relating to foreign licensed access 299AAmendments to update Schedule 1A 300Dockside monitoring 301Regulations relating to freshwater fish farming 302General provisions as to regulations 302AGazette notices may be consolidated 303Certain secondary legislation or published instruments may be consolidated 304Circulars 305Application of Commodity Levies Act 1990 305APowers of chief executive when false or misleading information given

Provisions relating to applications

305BRequirements applying generally to applications and requests under this Act 305CChief executive may require additional information

Provisions relating to notices

306Giving of notices, etc 307Ornamental fish 308Protection of the Crown, etc 309Power to withhold compensation where amounts owing to Crown 310Southern scallop enhancement programmes 311Areas closed to commercial fishing methods 312Prohibition on taking southern scallops for sale outside scallop season 313Closure of southern scallop fishery

Part 17:
Repeals, amendments, validations, savings, and transitional provisions

Repeals and amendments

314Repeals of provisions of Fisheries Act 1983 315Change of name of Fishing Industry Board Act 1963 316Amendments to other enactments 317Amendments to Fisheries (Catch Against Quota) Regulations 1993 318Amendments to Fisheries (Cost Recovery Levies) Order 1995 319Amendments to Fisheries (Quota Management Areas, Total Allowable Catches, and Catch Histories) Notice 1986 320Amendment to Fisheries (Jack Mackerel Quota Management Areas, Total Allowable Catches, and Catch Histories) Notice (No 2) 1987 321Amendment to Fisheries (Squid Quota Management Areas, Total Allowable Catches, and Catch Histories) Notice 1987

Savings and transitional provisions

Introduction of scampi into quota management system

369NScampi subject to quota management system 369OAllocation of provisional catch history 369PNotification of fishers allocated provisional catch history 369QPublic notification of provisional catch history allocation 369RApplication of certain provisions to scampi

Introduction of green-lipped mussel in quota management area 9 into quota management system

369SGreen-lipped mussel in quota management area 9 subject to quota management system

Allocation of quota for pipi in quota management area 1A

369TAllocation of quota for pipi in quota management area 1A 370Transitional provision relating to performance of functions by outside agencies

Schedule 1AA:
Transitional, savings, and related provisions

Schedule 1A:
Agreement for the implementation of the provisions of the United Nations Convention on the Law of the Sea of 10 December 1982 relating to the conservation and management of straddling fish stocks and highly migratory fish stocks

Schedule 2:
Stocks whose abundance is highly variable

Schedule 3:
Stocks managed with an alternative total allowable catch

Schedule 4:
Stocks for which provisional catch history not prorated

Schedule 4A:
Compensation for certain Schedule 4 stocks transferred to the Crown

Schedule 4B:
Highly migratory species

Schedule 4C:
Stocks and species subject to section 93 permit moratorium

Schedule 4D:
Species for which quota to be allocated on basis of provisional catch history, if brought into quota management system on or before 1 October 2009

Schedule 5:
Species in respect of which any person may own no more than 45% of combined total allowable commercial catches for New Zealand fisheries waters

Schedule 5A:
Stocks to which sections 67A and 340A do not apply

Schedule 6:
Stocks which may be returned to the sea or other waters in accordance with stated requirements

Schedule 7:
Authority to enter private dwelling house, enclosed garden, or curtilage, or Maori reservation

Schedule 8:
Minimum annual holdings of annual catch entitlement for specified stocks

Schedule 9:
Quota allocations for jack mackerel, dredge oysters, and Northland scallops

Schedule 9A:
Allocation of cost recovery settlement sum to each stock

Schedule 12:
Enactments amended

Schedule 13:
Quota management areas for particular scampi stocks

Schedule 14:
Scampi provisional catch history allocations

Schedule 15:
Green-lipped mussel quota share allocations for quota management area 9 (GLM9)

Schedule 16:
Allocation of quota for pipi in quota management area 1A

Fisheries Act 1996

Offences and penalties - Evidence in proceedings

251: Presumptions to apply whether or not separate or further evidence adduced in support

You could also call this:

"Assumptions are true even without extra evidence"

If a law in the Fisheries Act 1996 says a presumption applies to something, it applies even if no other evidence is given to support it. You can think of a presumption like an assumption that something is true. The law says this applies whether or not someone presents more evidence to back it up.

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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=DLM398818.

Topics:

Environment and resources > Farming and fishing

250: Presumption as to master of vessel, or

"Who is in charge of a boat is assumed unless proven otherwise"

252: Penalties, or

"What happens if you break fishing rules"

Part 13Offences and penalties
Evidence in proceedings

251Presumptions to apply whether or not separate or further evidence adduced in support

If it is provided in this Act that any presumption is to apply in respect of any matter, the presumption shall apply, whether or not separate or further evidence is adduced by or on behalf of the prosecutor in support of the relevant presumption.

Compare

1983 No 14 s 106C
1990 No 29 s 51

Notes

Section 251: amended, on 1 July 2013, by section 413 of the Criminal Procedure Act 2011 (2011 No 81).