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Fisheries Act 1996

Miscellaneous provisions

299: Regulations relating to foreign licensed access

You could also call this:

"Rules for Foreign Boats Fishing in New Zealand Waters"

Illustration for Fisheries Act 1996

The Governor-General can make rules about foreign boats fishing in New Zealand waters. You need to follow these rules if you have a licence to fish in New Zealand. The rules can say how to apply for a licence and what the licence should look like. The Governor-General can also make rules about how much money foreign boats have to pay to fish in New Zealand waters. You have to pay fees, charges, and royalties to the Crown, and the rules can say how much you have to pay. The rules can also say what happens if you break the rules, like getting a fine. The Minister can recommend rules about foreign boats fishing in New Zealand waters. The Minister can think about how much it costs to manage fisheries and enforce the rules when making recommendations. The rules are secondary legislation, which means they have to be published in a certain way, as outlined in Part 3 of the Legislation Act 2019. The rules can be different for different parts of New Zealand waters and for different types of fish. The Governor-General can make rules about what types of fish foreign boats can catch and how they can catch them. The rules can also say what happens if you catch fish you are not allowed to catch, like getting a fine of up to $500,000 for the owner of the boat.

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Part 16Miscellaneous provisions

299Regulations relating to foreign licensed access

  1. Without limiting the generality of section 297, the Governor-General may from time to time, by Order in Council, make regulations for all or any of the following purposes:

  2. prescribing, in relation to licences under section 83,—
    1. the manner of applying for licences:
      1. the form of applications for licences:
        1. the terms for which licences may be granted:
        2. providing for the production of such licences by licensees to specified New Zealand authorities when required to do so, and the inspection of licences by such authorities:
          1. requiring applicants for licences, and licensees, to designate authorised agents in New Zealand in respect of foreign fishing vessels:
            1. making such other provision as may be necessary or expedient to ensure that foreign fishing vessels are used for fishing within the exclusive economic zone only in accordance with the terms and conditions of their licences:
              1. prescribing the amount of the fees, charges, and royalties payable to the Crown under Part 5 or the method by which they are to be assessed, including different fees, royalties, or charges for different classes of foreign fishing vessels (whether by reference to size, catch, method of fishing, function, or otherwise), and their method of payment; and prescribing the circumstances in which any such fee, charge, or royalty, or any part of any fee, charge, or royalty may be refunded:
                1. prescribing particular types of highly migratory stock, and regulating, in a manner not inconsistent with Part 5, fishing for that stock within the zone:
                  1. creating offences for breaches of any such regulations; and imposing in respect of such offences—
                    1. in the case of an owner or operator of a foreign fishing vessel, fines not exceeding $500,000:
                      1. in the case of a licensee or master of a foreign fishing vessel, fines not exceeding $250,000:
                      2. prescribing the forms of notices and the procedures (including procedures and approval methods for the service of notices) to be followed for the purposes of Part 5.

                        1. Regulations made under this section may make different provision for different parts of the exclusive economic zone and for different stocks.

                        2. Regulations made under subsection (1)(e) shall be made on the recommendation of the Minister and, in recommending the making of such regulations, the Minister may take into account the cost of implementing the provisions of this Act with respect to foreign fishing vessels within the exclusive economic zone, including the cost of managing fisheries resources, fisheries research, and the administration and enforcement of this Act and other relevant enactments.

                        3. Regulations under this section are secondary legislation (see Part 3 of the Legislation Act 2019 for publication requirements).

                        Compare
                        • 1977 No 28 s 22
                        • 1980 No 146 s 2(2)
                        Notes
                        • Section 299(4): inserted, on , by section 3 of the Secondary Legislation Act 2021 (2021 No 7).