Fisheries Act 1996

Repeals, amendments, validations, savings, and transitional provisions - Savings and transitional provisions

322: Relationship between offence provisions of Fisheries Act 1983 and this Act

You could also call this:

"How the old and new fishing laws work together"

Illustration for Fisheries Act 1996

You need to know how the Fisheries Act 1996 and the Fisheries Act 1983 work together. If there is a difference between the two acts, the Fisheries Act 1996 is more important. You can find the Fisheries Act 1983 at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM66581. You should look at the rules for the Fisheries Act 1983 until some parts are repealed. These rules will still apply to the Fisheries Act 1996. You can find the Territorial Sea, Contiguous Zone, and Exclusive Economic Zone Act 1977 at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM442578. When Part 11 of the Fisheries Act 1996 starts, it will apply to the Fisheries Act 1983. The Interpretation Act 1999 is important here, you can find it at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM31458. If someone breaks a rule in the Fisheries Act 1983 before section 252 of the Fisheries Act 1996 starts, the old rules will still apply. You can find section 252 at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM398820. When section 252 starts, new rules will apply to breaking rules in the Fisheries Act 1983. You can find the Fisheries Act 1983 at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM66581. For the new rules, section 256 will apply to some property and fish. You can find section 256 at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM398890 and section 107B of the Fisheries Act 1983 at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM70253.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM399985.


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321: Amendment to Fisheries (Squid Quota Management Areas, Total Allowable Catches, and Catch Histories) Notice 1987, or

"Changes to squid fishing rules and catch limits"


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323: Savings relating to regulations, etc, or

"Old fishing rules still apply if they were valid before"

Part 17Repeals, amendments, validations, savings, and transitional provisions
Savings and transitional provisions

322Relationship between offence provisions of Fisheries Act 1983 and this Act

  1. If there is any inconsistency between any provision of the Fisheries Act 1983 or the Territorial Sea, Contiguous Zone, and Exclusive Economic Zone Act 1977 (whether the provision has effect by virtue only of this Act or otherwise) and any provision of this Act (in so far as the provisions of this Act are in force), the provision of this Act shall prevail to the extent of the inconsistency.

  2. Until the repeal of sections 76 to 80, sections 81 to 83, and section 95 of the Fisheries Act 1983, the provisions of those sections shall—

  3. continue to apply; and
    1. apply in relation to the enforcement and administration of the provisions of this Act as if the provisions of this Act were provisions of the Fisheries Act 1983.
      1. On the commencement of Part 11, that Part shall apply in relation to the provisions of the Fisheries Act 1983 as if those provisions were provisions of this Act.

      2. Without limiting anything in the Interpretation Act 1999, the provisions of the Fisheries Act 1983 shall, notwithstanding their repeal by section 314, continue to apply to proceedings in respect of any offence against the Fisheries Act 1983 committed before the commencement of section 252.

      3. On the commencement of section 252, sections 254 and 256 shall apply in respect of offences against the Fisheries Act 1983 that are committed on or after the commencement of that section 252, as if the offences against the Fisheries Act 1983 were offences against this Act, save that any person convicted of such an offence shall be liable to the penalty applicable to that offence on the date of the commission of that offence.

      4. For the purposes of subsection (5), section 256 shall apply in respect of all property, fish, proceeds, quota, or interest in quota, forfeit or ordered to be forfeit to the Crown under section 107B of the Fisheries Act 1983.

      Notes
      • Section 322(1): amended, on , pursuant to section 5(4) of the Territorial Sea and Exclusive Economic Zone Amendment Act 1996 (1996 No 74).
      • Section 322(4): amended, on , pursuant to section 38(1) of the Interpretation Act 1999 (1999 No 85).