Plain language law

New Zealand law explained for everyone

Fisheries Act 1996

Offences and penalties - Penalties

255A: Forfeiture for infringement offence

You could also call this:

"Losing things if you break fishing rules"

Illustration for Fisheries Act 1996

If you get an infringement notice for breaking a fishing rule, and you pay the fine, or a reminder notice is filed in court under section 21 of the Summary Proceedings Act 1957, or you make a payment plan, or you are found guilty, you might lose some things to the government. You might lose fish you caught, up to three times the daily limit for a non-commercial fisher. You might also lose any money you made from selling that fish, unless the court decides not to take it for special reasons.

This text is automatically generated. It might be out of date or be missing some parts. Find out more about how we do this.

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=DLM398865.

Topics:
Environment and resources > Farming and fishingCrime and justice > Police and safety
Previous

255: Interpretation—forfeiture provisions, or

"What special words mean in fishing law rules"

Next

255B: Forfeiture where person liable to fine exceeding $10,000 but less than $100,000, or

"Losing things if you break a fishing rule and might have to pay a big fine"

Part 13Offences and penalties
Penalties

255AForfeiture for infringement offence

  1. Subsection (2) applies if an infringement notice is issued to a person in respect of an infringement offence against this Act (other than an offence in respect of the taking or possession of fish or another animal that is aquatic life by a commercial fisher) and any of the following occurs:

  2. the infringement fee for the offence is paid; or
    1. a copy of a reminder notice in respect of the infringement offence is filed or a reminder notice is deemed to have been filed in a court under section 21 of the Summary Proceedings Act 1957, as the case requires, within 6 months from the time when the offence is alleged to have been committed; or
      1. the informant and the defendant, in respect of the infringement notice, enter into an arrangement under section 21(3A) of the Summary Proceedings Act 1957 allowing the defendant to pay the relevant infringement fee by instalments; or
        1. the person is found guilty, or admits the commission, of the infringement offence.

          1. The following are forfeit to the Crown unless (if subsection (1)(d) applies) the court for special reasons relating to the offence orders otherwise:

          2. any fish of an amount or quantity not exceeding 3 times the amateur individual daily prescribed limit; and
            1. any proceeds from the sale of that fish.

              Notes
              • Section 255A: inserted, on , by section 59 of the Fisheries Act 1996 Amendment Act 1999 (1999 No 101).
              • Section 255A(1): amended, on , by section 12 of the Fisheries Amendment Act 2022 (2022 No 56).
              • Section 255A(1)(b): substituted, on , by section 33 of the Summary Proceedings Amendment Act 2006 (2006 No 13).