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Fisheries Act 1996

Offences and penalties - Penalties

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

You could also call this:

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

Illustration for Fisheries Act 1996

If you break a rule in the Fisheries Act 1996 and you might have to pay a fine of more than $10,000 but less than $100,000, you could lose some things. You might lose any fish you caught and any money you made from selling them. You could also lose any illegal fishing gear you used. If you are found guilty of breaking a rule, a court can take some of your property if it was used to commit the offence. This can happen if you might have to pay a fine of more than $10,000 but less than $100,000. The court can decide not to take your things if there are special reasons related to the offence. You can be charged with an offence under the Fisheries Act 1996 and have to go to court under the Criminal Procedure Act 2011. If you are found guilty, you can lose things like fish and fishing gear. You might also lose any property used to break the rule, according to section 255C or section 207.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM398868.

Topics:
Environment and resources > Farming and fishingCrime and justice > Police and safetyCrime and justice > Criminal law
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255A: Forfeiture for infringement offence, or

"Losing things if you break fishing rules"

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255C: Forfeiture for section 252(2), (3), and (5) offences, offences carrying fine of $100,000, repeat offences, and serious non-commercial offences, or

"Losing things if you break fishing rules"

Part 13Offences and penalties
Penalties

255BForfeiture where person liable to fine exceeding $10,000 but less than $100,000

  1. Subsection (2) applies in the following cases:

    1. where—
      1. a person is charged with an infringement offence against this Act and proceedings in respect of that offence are commenced under the Criminal Procedure Act 2011 (not by way of an infringement notice); and
        1. the person is found guilty of, or pleads guilty to, that offence:
        2. on conviction for an offence against this Act for which the person is liable to a fine not exceeding $10,000 (other than an offence referred to in section 255C):
          1. on conviction for an offence against this Act (other than an offence referred to in section 255C) for which the person is liable to a maximum fine exceeding $10,000 but less than $100,000.

            1. The following are forfeit to the Crown unless the court for special reasons relating to the offence orders otherwise:

            2. any fish and any proceeds from the sale of such fish; and
              1. any illegal fishing gear in respect of which the offence was committed (whether or not seized under section 207).

                1. On conviction of a person for an offence referred to in subsection (1)(d), the court may order that any property used in the commission of the offence is forfeit to the Crown.

                Notes
                • Section 255B: inserted, on , by section 59 of the Fisheries Act 1996 Amendment Act 1999 (1999 No 101).
                • Section 255B heading: amended, on , by section 48(a) of the Fisheries Amendment Act (No 3) 2004 (2004 No 76).
                • Section 255B heading: amended, on , by section 186 of the Sentencing Act 2002 (2002 No 9).
                • Section 255B(1)(a): repealed, on , by section 186 of the Sentencing Act 2002 (2002 No 9).
                • Section 255B(1)(b): replaced, on , by section 413 of the Criminal Procedure Act 2011 (2011 No 81).
                • Section 255B(1)(d): amended, on , by section 48(b) of the Fisheries Amendment Act (No 3) 2004 (2004 No 76).