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Fisheries Act 1996

Offences and penalties - Penalties

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

You could also call this:

"Losing things if you break fishing rules"

Illustration for Fisheries Act 1996

If you break certain fishing rules, you might lose some things. You could lose fish, money from selling fish, or gear used for fishing. The court will decide what you lose. If you do something wrong under section 252(2), (3), (3A), or (5)(ba) of the Fisheries Act 1996, the court can take away your fishing quota. The court can also take away any quota linked to it, unless section 255E(3B) applies. Some things are not taken away, like foreign boats or fish on them, if the wrong thing happened outside New Zealand waters. The court can still take away other things if you break the rules. You can lose property used for fishing if you break the rules. The court decides what you lose and what you keep.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM398874.

Topics:
Environment and resources > Farming and fishing
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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"

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255D: Forfeiture for section 252(1) or (4) offence, or

"Losing things to the government if you break fishing rules"

Part 13Offences and penalties
Penalties

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

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

  2. on conviction for an offence referred to in section 252(2) or (3) or (5) (other than an offence referred to in section 252(5)(ba)):
    1. on conviction for a second or subsequent offence referred to in section 252(3A):
      1. on conviction for an offence against this Act for which the person is liable to a maximum fine of $100,000 (other than an offence referred to in section 252(5)(ba)):
        1. on conviction for a serious non-commercial offence:
          1. where a person has been convicted of 2 or more offences against this Act (other than an offence referred to in section 252(5)(ba) or (5A)) and—
            1. the offences were committed on more than 1 occasion within a period of 3 years; and
              1. the offences were offences for which the person was liable to a fine exceeding $5,000.

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

              3. 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); and
                  1. any property used in the commission of the offence; and.
                    1. in the case of a conviction for an offence under section 186P, any property (excluding fish farm structures) used in the fish farm concerned.

                      1. On conviction of a person for an offence referred to in section 252(5)(ba), the court may order that any property used in the commission of the offence is forfeit to the Crown.

                      2. On conviction of a person for an offence referred to in section 252(2), (3), (3A), or (5)(ba), the court may order that—

                      3. any quota is forfeit to the Crown; and
                        1. any associated quota is forfeit to the Crown, unless the court is satisfied that section 255E(3B) applies to preclude forfeiture.

                          1. Subsections (2) and (2A) do not apply to require the forfeiture of—

                          2. any foreign flagged vessel in respect of an offence committed outside New Zealand fisheries waters; or
                            1. any fish on board or property associated with such a vessel in respect of such an offence.

                              Notes
                              • Section 255C: inserted, on , by section 59 of the Fisheries Act 1996 Amendment Act 1999 (1999 No 101).
                              • Section 255C(1)(a): amended, on , by section 13(1) of the Fisheries Amendment Act 2022 (2022 No 56).
                              • Section 255C(1)(aa): inserted, on , by section 13(2) of the Fisheries Amendment Act 2022 (2022 No 56).
                              • Section 255C(1)(b): amended, on , by section 49(1) of the Fisheries Amendment Act (No 3) 2004 (2004 No 76).
                              • Section 255C(1)(b): amended, on , by section 13(3) of the Fisheries Amendment Act 2022 (2022 No 56).
                              • Section 255C(1)(d): amended, on , by section 13(4) of the Fisheries Amendment Act 2022 (2022 No 56).
                              • Section 255C(2)(c): amended, on , by section 12 of the Fisheries Amendment Act (No 3) 2004 (2004 No 104).
                              • Section 255C(2)(d): added, on , by section 12 of the Fisheries Amendment Act (No 3) 2004 (2004 No 104).
                              • Section 255C(2A): inserted, on , by section 13(5) of the Fisheries Amendment Act 2022 (2022 No 56).
                              • Section 255C(3): substituted, on , by section 25 of the Fisheries Amendment Act 2001 (2001 No 65).
                              • Section 255C(3): amended, on , by section 13(6) of the Fisheries Amendment Act 2022 (2022 No 56).
                              • Section 255C(4): added, on , by section 49(2) of the Fisheries Amendment Act (No 3) 2004 (2004 No 76).
                              • Section 255C(4): amended, on , by section 13(7) of the Fisheries Amendment Act 2022 (2022 No 56).