Fisheries Act 1996

Offences and penalties - Penalties

257: Prohibition of fishing activity in case of reoffending

You could also call this:

"No fishing if you break the rules again"

If you are convicted of certain fishing offences, the court can stop you from fishing. You might lose your fishing licence and not be allowed to fish for three years. The court can also stop you from getting any money from fishing. If you break the rules, you can be fined. The court can make exceptions, but you have to ask them within 30 days. Some convictions from the past are treated the same as convictions under this Act. You can be stopped from fishing if you assault a fishery officer. But some offences are not included, like those with a fine of $5,000 or less.

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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=DLM399312.

Topics:

Environment and resources > Farming and fishingCrime and justice > Police and safetyCrime and justice > Criminal law

256: Provisions relating to forfeit property, or

"What happens to property seized for breaking fisheries rules"

258: Sum equal to deemed value payable if catch returns not completed or provided, or false returns provided, or

"Paying for not reporting your catch correctly"

Part 13Offences and penalties
Penalties

257Prohibition of fishing activity in case of reoffending

If any person is convicted of—
2 or more offences against this Act that are offences referred to in subsection (1) or subsection (2) or subsection (3) of section 252, and are offences committed on different occasions; or
3 or more offences that are offences referred to in subsection (1) or subsection (2) or subsection (3) or subsection (5) of section 252 (other than an offence referred to in section 252(5)(ba)), and are offences committed on different occasions,—
that the person forfeit any licence, approval, permission, or fishing permit obtained under this Act; and
that the person be prohibited, for a period of 3 years commencing on the date of the most recent conviction, from doing any of the following:
1. holding any licence, approval, permission, or fishing permit obtained under this Act:
2. engaging in fishing or any activity associated with the taking of fish, aquatic life, or seaweed:
3. deriving any beneficial income from activities associated with the taking of fish, aquatic life, or seaweed.

If a person is convicted of offences against section 72(4)(a), (b), (c), or (d) and is liable to a fine under section 252(3A), the court must, in addition to any other penalty imposed, make an order—
that the person forfeit any licence, approval, permission, or fishing permit obtained under this Act; and
that the person be prohibited, for a period of 3 years commencing on the date of the most recent conviction, from doing any of the following:
1. holding any licence, approval, permission, or fishing permit obtained under this Act:
2. engaging in fishing or any activity associated with the taking of fish, aquatic life, or seaweed:
3. deriving any beneficial income from activities associated with the taking of fish, aquatic life, or seaweed.

Every person commits an offence and is liable to the penalty set out in section 252(4) who knowingly contravenes or fails to comply with an order made under subsection (1) or (1A).
Notwithstanding subsection (1) and (1A), the court may, in the circumstances of any particular case, and upon application being made to it by the person concerned within 30 days after the date of conviction or such extended period as the court may allow, direct that any particular licence, approval, permission, or fishing permit shall not be forfeit, or that the person shall not be prohibited from engaging in fishing or in any activity associated with the taking of fish, aquatic life, or seaweed or deriving any beneficial income from fishing or any activity associated with the taking of fish, aquatic life, or seaweed.
For the purposes of this section, every conviction in respect of an offence against the Fisheries Act 1983 shall be deemed to be a conviction in respect of an offence against this Act that is referred to in section 252(3).
For the purposes of this section, if—
a person is convicted of assault or of any other offence of which an assault constitutes an element, and the conviction relates to an offence committed on or after 1 April 1990; and
the assault was on a person who was at the time carrying out the duties of a fishery officer under this Act,—

section 252(3)

Subsections (1) and (4) do not apply to any offence committed by a person in respect of which—
a conviction was entered on or after 1 November 1990; and
the maximum fine on conviction for a first offence does not (or did not at the time) exceed $5,000.

Compare

1983 No 14 s 107D
1986 No 34 s 27(1)
1990 No 29 s 53

Notes

Section 257(1)(b): amended, on 1 November 2022, by section 14(1) of the Fisheries Amendment Act 2022 (2022 No 56).
Section 257(1A): inserted, on 1 November 2022, by section 14(2) of the Fisheries Amendment Act 2022 (2022 No 56).
Section 257(2): amended, on 1 October 2001, by section 61 of the Fisheries Act 1996 Amendment Act 1999 (1999 No 101).
Section 257(2): amended, on 1 November 2022, by section 14(3) of the Fisheries Amendment Act 2022 (2022 No 56).
Section 257(3): amended, on 1 November 2022, by section 14(4) of the Fisheries Amendment Act 2022 (2022 No 56).