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Fisheries Act 1996

Offences and penalties - Infringement offences

260A: Infringement offences

You could also call this:

"Breaking fishing rules can lead to penalties or fines"

Illustration for Fisheries Act 1996

If you break a fishing rule, a fishery officer can take action against you. They can file a charging document under section 14 of the Criminal Procedure Act 2011 or give you an infringement notice. You will have to deal with the notice. If a fishery officer gives you an infringement notice, they can deliver it to you, fix it to a fishing vessel, or send it to your address. If they fix or send the notice, it is considered served. This means you have been officially told about the notice. A fishery officer does not need a judge's permission to file a charging document under section 14 of the Criminal Procedure Act 2011, even though section 21 of the Summary Proceedings Act 1957 usually requires this. This is an exception to the usual rule. You should be aware of this exception.

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This page was last updated on

View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM399320.

Topics:
Environment and resources > Farming and fishingCrime and justice > Police and safety
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260: Minor offences, or

"Less serious fishing rule breaks"

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260B: Infringement notices, or

"What to expect if you get an infringement notice for breaking a fisheries rule"

Part 13Offences and penalties
Infringement offences

260AInfringement offences

  1. If a fishery officer has reason to believe that a person has committed an infringement offence, the fishery officer may—

  2. commence proceedings against the person for the alleged offence by filing a charging document under section 14 of the Criminal Procedure Act 2011; or
    1. issue an infringement notice in respect of the alleged offence.

      1. Despite section 21 of the Summary Proceedings Act 1957, leave of a District Court Judge or Registrar to file a charging document is not necessary if a fishery officer proceeds with an infringement offence by filing a charging document under section 14 of the Criminal Procedure Act 2011.

      2. If an infringement notice is issued, a fishery officer may do 1 or more of the following with the infringement notice:

      3. deliver it (or a copy of it) to the person:
        1. fix it (or a copy of it) to a conspicuous part of a fishing vessel relating to the commission of the offence:
          1. send it (or a copy of it) to the person by post addressed to the person's last known place of residence or business.

            1. If the notice was fixed or sent in accordance with subsection (3), it is deemed to have been served on the person.

            Notes
            • Section 260A: inserted, on , by section 62 of the Fisheries Act 1996 Amendment Act 1999 (1999 No 101).
            • Section 260A(1)(a): amended, on , by section 413 of the Criminal Procedure Act 2011 (2011 No 81).
            • Section 260A(2): replaced, on , by section 413 of the Criminal Procedure Act 2011 (2011 No 81).
            • Section 260A(4): amended, on , by section 413 of the Criminal Procedure Act 2011 (2011 No 81).