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Fisheries Act 1996

Offences and penalties - Penalties

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

You could also call this:

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

Illustration for Fisheries Act 1996

If you are found guilty of an offence under section 252(1) or (4), you might lose some things to the Crown. You could lose fish, money from selling fish, and any gear used for illegal fishing, even if it was not seized under section 207. You might also lose property used to commit the offence, quota, and associated quota, unless the court decides section 255E(3B) applies.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM398881.

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

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255E: General provisions relating to forfeiture, or

"What happens to your property if you break fishing laws"

Part 13Offences and penalties
Penalties

255DForfeiture for section 252(1) or (4) offence

  1. Subsection (2) applies on conviction for an offence referred to in section 252(1) or (4).

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

            Notes
            • Section 255D: inserted, on , by section 59 of the Fisheries Act 1996 Amendment Act 1999 (1999 No 101).
            • Section 255D(2)(d): substituted, on , by section 26 of the Fisheries Amendment Act 2001 (2001 No 65).
            • Section 255D(2)(e): added, on , by section 26 of the Fisheries Amendment Act 2001 (2001 No 65).