Fisheries Act 1996

Offences and penalties - Penalties

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

You could also call this:

"Paying for not reporting your catch correctly"

Illustration for Fisheries Act 1996

You break the law if you do not complete or provide catch returns, or if you provide false returns. If you are found guilty, you must pay a sum of money to the Crown. This sum is equal to the value of the fish, aquatic life, or seaweed you caught. You must pay this sum within 20 days of being asked by the chief executive. The amount you pay is based on what you would have paid if you had included the fish in your reported catch under section 76. If you are not a commercial fisher, the law treats you like one when working out how much you must pay. If you do not pay the sum, it can be recovered in the same way as a sum assessed under section 76.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM399314.


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257: Prohibition of fishing activity in case of reoffending, or

"No fishing if you break the rules again"


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259: Rewards to informants, or

"Getting a reward for helping catch people who break fishing laws"

Part 13Offences and penalties
Penalties

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

  1. Every person convicted of an offence against—

  2. section 230 or section 231; or
    1. any regulations made under this Act relating to—
      1. making any false or misleading statements in any record or return; or
        1. omitting any information in any record or return; or
          1. completing, keeping, or providing any record or return,—
          2. in respect of the taking of any fish, aquatic life, or seaweed subject to the quota management system, shall, in addition to any fine that may be imposed by the court, be liable to pay to the Crown, within 20 days after demand is made by the chief executive, a sum of money equal to the deemed value amount that would have been payable if the fish, aquatic life, or seaweed had been included in the reported catch of that person under section 76 at the time of the offence, and, if that person is not a commercial fisher, that section shall be read as if the person were a commercial fisher.

          3. Any sum demanded under this section shall be recoverable in the same manner as a sum assessed and payable under section 76.