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Fisheries Act 1996

Appointment and powers of fishery officers - Powers of entry, search, and questioning

199A: Powers of entry and search for law enforcement purposes

You could also call this:

"When can a fishery officer stop and search you or your things?"

Illustration for Fisheries Act 1996

You can be stopped and searched by a fishery officer if they think you have broken a rule in the Fisheries Act 1996. They can look for things like fish or equipment that may have been used to break the rules. They can search your boat, car, or other things to find these items. You might be stopped if the officer thinks you have something that will help prove someone broke a rule. The officer can enter and search your property, including your boat or car, to look for these things. They can also use special devices to watch what is happening in public places. The officer can hold onto things they find for as long as they need to examine them or search for more evidence. This is all part of the officer's job to make sure people follow the rules in the Fisheries Act 1996, which was updated by the Search and Surveillance Act 2012. The officer has these powers to help keep our fisheries safe and make sure everyone follows the law. They can enter your property to do their job and make sure the rules are being followed.

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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=DLM4428301.

Topics:
Crime and justice > Police and safetyEnvironment and resources > ConservationEnvironment and resources > Farming and fishing
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199: Powers of entry and examination for regulatory purposes, or

"Fishery officers can check your things to make sure you're following the fishing rules"

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199B: Application of Part 4 of Search and Surveillance Act 2012, or

"How search and surveillance rules apply to fisheries powers"

Part 11Appointment and powers of fishery officers
Powers of entry, search, and questioning

199APowers of entry and search for law enforcement purposes

  1. Subsection (2) applies to a fishery officer if he or she believes, on reasonable grounds, that—

  2. an offence is being or has been committed against this Act; and
    1. there may be concealed or located or held in any vessel, vehicle, conveyance of any kind, premises, place, parcel, package, record, or thing—
      1. any fish, aquatic life, or seaweed taken or thing used or intended to be used in contravention of this Act; or
        1. any article, record, document, or thing that will be evidence as to the commission of an offence against this Act.

        2. If this subsection applies to a fishery officer, then, for the purpose of enforcing this Act, that officer may—

        3. enter, examine, and search any such premises or place, or any such vessel, vehicle, or conveyance of any kind (by stopping or opening the thing or place, as the case requires, where necessary); and
          1. enter, pass across, or remain upon any land for the purpose of observing any public place, including by the use of a visual surveillance device; and
            1. examine and search (by opening the thing where necessary) any such parcel, package, record, or thing; and
              1. for the purposes of exercising any power conferred by paragraph (a), enter or pass across any land.

                1. A fishery officer may detain any vessel, vehicle, conveyance of any kind, parcel, package, record, document, article, gear, apparatus, device, container, fish, aquatic life, seaweed, or thing for such period as is reasonably necessary to enable the fishery officer to carry out an examination or a search under this section.

                Notes
                • Section 199A: inserted, on , by section 248 of the Search and Surveillance Act 2012 (2012 No 24).