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Fisheries Act 1996

Allocation of quota for pipi in quota management area 1A

Schedule 1AA: Transitional, savings, and related provisions

You could also call this:

"Rules for when fishing laws change"

Illustration for Fisheries Act 1996

You are reading about the Fisheries Act 1996. This Act has some extra information that is not part of the main Act. The extra information is about how some rules will work when other laws change. For example, if you had a notice under section 186A or 186B before a certain date, the old rules still apply to you. There are also rules about how to handle certain types of fish and seafood, like scallops and rock lobsters. Some rules are about what happens when you are fishing in certain areas or during certain times. The Minister can make special rules for certain types of fish or seafood. These rules can include things like how to handle the fish, what size they have to be, and where you can fish for them. The Act also talks about what happens to existing permits and applications when the law changes. If you had a permit before the law changed, it will still be valid, but it might be called something different. The same thing happens with applications that were made before the law changed - the old rules will still apply to them.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM7075410.

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370: Transitional provision relating to performance of functions by outside agencies, or

"Temporary rules for outside helpers managing fisheries"

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Schedule 1A: Agreement for the implementation of the provisions of the United Nations Convention on the Law of the Sea of 10 December 1982 relating to the conservation and management of straddling fish stocks and highly migratory fish stocks, or

"International Agreement to Protect Fish and the Ocean"

1AATransitional, savings, and related provisions Empowered by s 6A

Part 1Provision relating to Part 12 of Statutes Amendment Act 2016

This Act continues to apply, as if Part 12 of the Statutes Amendment Act 2016 were not in force, to a notice made under section 186A or 186B before the commencement of that Act.

Part 2Provision relating to COVID-19 Response (Further Management Measures) Legislation Act 2020

2Continuation of certain amendments to section 79 while repayment agreements remain in effect

  1. This clause applies if any amount for which there is a repayment agreement under section 79(1A)(b) has not been paid by 1 October 2021.

  2. For the purpose of section 79(1), and until the amount is paid, the amount does not count towards the total amount of deemed values owed by a commercial fisher, unless there has been a failure to pay the amount within the time limit specified in the agreement.

Notes
  • Schedule 1AA clause 2: inserted, on , by section 3 of the COVID-19 Response (Further Management Measures) Legislation Act 2020 (2020 No 13).

Part 3Provisions relating to Fisheries Amendment Act 2022

Subpart 1Preliminary provisions

3Interpretation

  1. In this Part,—

    amendment Act means the Fisheries Amendment Act 2022

      commencement means the date on which this Part comes into force

        relevant enactment means an enactment specified in a table in clause 6, 7, or 8.

        Notes
        • Schedule 1AA clause 3: inserted, on , by section 20(a) of the Fisheries Amendment Act 2022 (2022 No 56).

        Subpart 2Fishing year for green-lipped mussel in quota management area 9

        42023–24 fishing year for green-lipped mussel in quota management area 9

        1. Despite the definition of fishing year in section 2(1), and section 369S(2), the fishing year for green-lipped mussel in quota management area 9 for 2023–24 is the 6-month period commencing on 1 October 2023 and ending at the close of 31 March 2024.

        Notes
        • Schedule 1AA clause 4: inserted, on the , by section 20(a) of the Fisheries Amendment Act 2022 (2022 No 56).

        Subpart 3Fisheries (Amateur Fishing) Regulations 2013

        5Continuation of certain regulations

        1. This clause applies to the Fisheries (Amateur Fishing) Regulations 2013.

        2. The daily amounts, daily limits, accumulation limits, and minimum sizes specified in the regulations immediately before 29 November 2022 continue to apply until corresponding limits or sizes are enacted and brought into force by an instrument made by the Minister under the regulations.

        Notes
        • Schedule 1AA clause 5: inserted, on , by section 20(a) of the Fisheries Amendment Act 2022 (2022 No 56).

        Subpart 4Fisheries (Commercial Fishing) Regulations 2001 and associated enactments

        6Exemptions in regulations continued for specified period for certain stocks or species

        1. This clause is repealed on the earlier of—

        2. 30 September 2026:
          1. a date appointed by Order in Council on the recommendation of the Minister.

            1. Section 72(1) does not apply to any fish of a stock or species listed in the following table that is taken by a commercial fisher if—

            2. a relevant enactment prohibits a person from taking or possessing the fish (whether by reason of a condition, requirement, size limit, or otherwise); and
              1. the fish is returned to or abandoned in the sea or any other waters in accordance with the relevant enactment:
                The following table is small in size and has 2 columns. Column 1 is headed Stock or species. Column 2 is headed Relevant enactment.
                Stock or species Relevant enactment
                Fisheries (Commercial Fishing) Regulations 2001
                Blue cod (Parapercis colias) Regulation 31
                Blue moki (Latridopsis ciliaris) Regulation 31
                Butterfish (Odax pullus, Odax cyanoallix) Regulation 31
                Flatfishes (except sand flounder) (Rhombosolea leporine, Rhombosolea retiaria, Rhombosolea tapirina, Colistium guntheri, Colistium nudipinnis, Pelotretis flavilatus, Peltorhamphus novaezeelandiae) Regulation 31
                Kingfish (Seriola lalandi) Regulation 31
                Red cod (Pseudophycis bachus) Regulation 31
                Red moki (Cheilodactylus spectabilis) Regulation 31
                Sand flounder (Rhombosolea plebia) Regulation 31
                Snapper (Pagrus auratus) Regulation 31
                Tarakihi (Nemadactylus macropterus) Regulation 31
                Trevally (Pseudocaranx dentex) Regulation 31
                Paua (Haliotis iris (ordinary paua)) Regulation 32
                Paua (Haliotis australis (yellow foot paua)) Regulation 32
                Dredge oysters (Tiostrea chilensis) Regulation 32
                Scallops (Pecten novaezelandiae) Regulation 32
                Female spiny rock lobster (Jasus edwardsii) Regulation 37
                Male spiny rock lobster (Jasus edwardsii) Regulation 37
                Packhorse rock lobster (Jasus verreauxi) Regulation 37
                Rock lobster (any species of rock lobster) Regulation 41
                Eel (short-finned eel (Anguilla australis) and long-finned eel (Anguilla dieffenbachii)) Regulation 50
                Eel (short-finned eel (Anguilla australis) and long-finned eel (Anguilla dieffenbachii)) Regulation 51
                Fisheries (Auckland and Kermadec Areas Commercial Fishing) Regulations 1986
                Coromandel scallops (Pecten novaezelandiae) Regulation 22B
                Fisheries (Central Area Commercial Fishing) Regulations 1986
                Paddle crabs (Ovalipes catharus) Regulation 14D
                Male spiny rock Lobster (Jasus edwardsii) Regulation 14K
                Fisheries (Challenger Area Commercial Fishing) Regulations 1986
                Scallops (Pecten novaezelandiae) Regulation 12B
                Paddle crabs (Ovalipes catharus) Regulation 14E
                Fisheries (South-East Area Commercial Fishing) Regulations 1986
                Spiny rock lobster (Jasus edwardsii) Regulation 6
                Paddle crab (Ovalipes catharus) Regulation 11J
                Eel (short-finned eel (Anguilla australis) and long-finned eel (Anguilla dieffenbachii)) Regulation 11N
                Male short-finned eel (Anguilla australis) Regulation 11O
                Fisheries (Southland and Sub-Antarctic Areas Commercial Fishing) Regulations 1986
                Female spiny rock lobster (Jasus edwardsii) Regulation 5C
                Paddle crab (Ovalipes catharus) Regulation 15H

                Notes
                • Schedule 1AA clause 6: inserted, on , by section 20(a) of the Fisheries Amendment Act 2022 (2022 No 56).

                7Stocks or species deemed to meet criteria in section 72A

                1. The Minister may make an instrument under section 72A that has effect for a specified period or indefinitely for any stock or species listed in table 1 without further authority than this subclause and as if the statutory prerequisites for making the instrument had been complied with:

                  The following table is small in size and has 2 columns. Column 1 is headed Stock or species. Column 2 is headed Relevant enactment.
                  Stock or species Relevant enactment
                  Fisheries (Commercial Fishing) Regulations 2001
                  Paua (Haliotis iris (ordinary paua)) Regulation 32
                  Paua (Haliotis australis (yellow foot paua)) Regulation 32
                  Dredge oysters (Tiostrea chilensis) Regulation 32
                  Scallops (Pecten novaezelandiae) Regulation 32
                  Female spiny rock lobster (Jasus edwardsii) Regulation 37
                  Male spiny rock lobster (Jasus edwardsii) Regulation 37
                  Packhorse rock lobster (Jasus verreauxi) Regulation 37
                  Rock lobster (any species of rock lobster) Regulation 41
                  Eel (short-finned eel (Anguilla australis) and long-finned eel (Anguilla dieffenbachii)) Regulation 50
                  Eel (short-finned eel (Anguilla australis) and long-finned eel (Anguilla dieffenbachii)) Regulation 51
                  Fisheries Act 1996, Schedule 6
                  Rock lobster (Jasus verreauxi, Jasus edwardsii) in all New Zealand fisheries waters
                  Prawn killer (Ibacus alticrenatus) in all New Zealand fisheries waters
                  Paddle crab (Ovalipes catharus) in all New Zealand fisheries waters
                  Deepwater crab (Chaceon bicolor, Lithodes murrayi, Neolithodes brodiei, and Jacquinotia edwardsii) in all New Zealand fisheries waters
                  Cockle (Austrovenus stutchburyi) in all New Zealand fisheries waters except fishery management area 10
                  Green-lipped mussel (Perna canaliculus) in quota management areas GLM1, GLM2, GLM3, GLM7A, GLM7B, GLM8, and GLM10
                  Green-lipped mussel (Perna canaliculus) in quota management area GLM9
                  Pipi (Paphies australis) in all New Zealand fisheries waters except fishery management area 10
                  Surf clams (Bassina yatei, Dosinia anus, Dosinia subrosea, Mactra discors, Mactra murchisoni, Paphies donacina, Spisula aequilatera) in all New Zealand fisheries waters except fishery management areas 6 and 10
                  Dredge oyster (Ostrea chilensis) in all New Zealand fisheries waters except quota management area OYU5 and fishery management area 10
                  Knobbed whelk (Austrofusus glans) in quota management areas KWH1, KWH2, KWH3, KWH4, KWH5, KWH6, KWH7A, KWH7B, KWH8, and KWH9
                  Freshwater eel (Anguilla australis, Anguilla dieffenbachii, and Anguilla reinhardtii) in all New Zealand fisheries waters
                  Bladder kelp (Macrocystis pyrifera) in all New Zealand fisheries waters
                  Kina (Evechinus chloroticus) in all New Zealand fisheries waters

                2. The Minister may make an instrument under section 72A that has effect until a date no later than 30 September 2026 for any stock or species listed in table 2 without further authority than this subclause and as if the statutory prerequisites for making the instrument had been complied with:

                  The following table is large in size and has 2 columns. Column 1 is headed Stock or species. Column 2 is headed Requirements
                  Stock or species Requirements
                  Blue shark (Prionace glauca) in all New Zealand fisheries waters

                  A commercial fisher may return any blue shark to the waters from which it was taken—

                3. live, if the blue shark is likely to survive on return and the return takes place as soon as practicable after the blue shark was taken; or
                  1. dead or near-dead, if paragraph (a) does not apply.

                      1. For the purposes of paragraph (b) of this requirement, near-dead means unlikely to survive on return.

                      Chatham Islands scallops (Pecten novaezelandiae) in the Chatham Islands scallop fishery

                      A commercial fisher must immediately return a Chatham Islands scallop to the waters from which it was taken if the scallop is taken—

                    1. during any closed season in the Chatham Islands scallop fishery; or
                      1. in any area in which the taking of Chatham Islands scallops is, at that time, prohibited.

                          		1.
                          Coromandel scallops (Pecten novaezelandiae) in the Coromandel scallop fishery

                          A commercial fisher must immediately return a Coromandel scallop to the waters from which it was taken if the scallop is taken—

                        1. during any closed season in the Coromandel scallop fishery; or
                          1. in any area in which the taking of Coromandel scallops is, at that time, prohibited.

                              		1.
                              Kingfish (Seriola lalandi) in all New Zealand fisheries waters

                              A commercial fisher may return a kingfish of legal size to the waters from which it was taken if that fish—

                            1. is not taken by the method of set netting; and
                              1. is likely to survive; and
                                1. is returned to the same waters from which it was taken; and
                                  1. is returned as soon as practicable; and
                                    1. is recorded and reported on catch effort landing returns using an appropriate code.

                                        		1.
                                        Mako shark (Isurus oxyrinchus) in all New Zealand fisheries waters

                                        A commercial fisher may return any mako shark to the waters from which it was taken—

                                      1. live, if the mako shark is likely to survive on return and the return takes place as soon as practicable after the mako shark was taken; or
                                        1. dead or near-dead, if paragraph (a) does not apply.

                                            1. For the purposes of paragraph (b) of this requirement, near-dead means unlikely to survive on return.

                                            Northern scallops (Pecten novaezelandiae) in the Northland scallop fishery

                                            A commercial fisher must immediately return any Northland scallop to the waters from which it was taken if the scallop is taken—

                                          1. during any closed season in the Northland scallop fishery; or
                                            1. in any area in which the taking of northern scallops is, at the time, prohibited.

                                                		1.
                                                Patagonian toothfish (Dissostichus eleginoides) in all New Zealand fisheries waters

                                                A commercial fisher may return any Patagonian toothfish to the waters from which it was taken if—

                                              1. the Patagonian toothfish is likely to survive on return; and
                                                1. the return takes place as soon as practicable after the Patagonian toothfish is taken; and
                                                  1. in the case of a trawl-caught Patagonian toothfish, it is released only in the presence of an observer.

                                                      		1.
                                                      Porbeagle shark (Lamna nasus) in all New Zealand fisheries waters

                                                      A commercial fisher may return any porbeagle shark to the waters from which it was taken—

                                                    1. live, if the porbeagle shark is likely to survive on return and the return takes place as soon as practicable after the porbeagle shark was taken; or
                                                      1. dead or near-dead, if paragraph (a) does not apply.

                                                          1. For the purposes of paragraph (b) of this requirement, near-dead means unlikely to survive on return.

                                                          Queen scallop (Zygochlamys delicatula) in all New Zealand fisheries waters

                                                          A commercial fisher may return any queen scallop to the waters from which it is taken if—

                                                        1. the queen scallop is likely to survive the return; and
                                                          1. the return takes place as soon as practicable after the queen scallop is taken.

                                                              		1.
                                                              Rig (Mustelus lenticulatus) in all New Zealand fisheries waters

                                                              A commercial fisher may return any rig to the waters from which it was taken if—

                                                            1. the rig is likely to survive on return; and
                                                              1. the return takes place as soon as practicable after the rig is taken.

                                                                  		1.
                                                                  Rough skate (Dipturus nasutus) in all New Zealand fisheries waters

                                                                  A commercial fisher may return any rough skate to the waters from which it was taken if—

                                                                1. that rough skate is likely to survive on return; and
                                                                  1. the return takes place as soon as practicable after the rough skate is taken.

                                                                      		1.
                                                                      Scallop (Pecten novaezelandiae) in quota management areas SCA1A, SCA2A, SCA3, SCA5, SCA7A, SCA7B, SCA7C, SCA8A, SCA9A

                                                                      A commercial fisher may return a scallop of legal size to the waters from which it was taken if the scallop is likely to survive on return.

                                                                      School shark (Galeorhinus galeus) in all New Zealand fisheries waters

                                                                      A commercial fisher may return any school shark to the waters from which it was taken if—

                                                                    1. the school shark is likely to survive on return; and
                                                                      1. the return takes place as soon as practicable after the school shark is taken.

                                                                          		1.
                                                                          Sea cucumber (Stichopus mollis) in all New Zealand fisheries waters

                                                                          A commercial fisher may return any sea cucumber to the waters from which it was taken if—

                                                                        1. that sea cucumber is likely to survive on return; and
                                                                          1. the return takes place as soon as practicable after the sea cucumber is taken.

                                                                              		1.
                                                                              Smooth skate (Dipturus innominatus) in all New Zealand fisheries waters

                                                                              A commercial fisher may return any smooth skate to the waters from which it was taken if—

                                                                            1. that smooth skate is likely to survive on return; and
                                                                              1. the return takes place as soon as practicable after the smooth skate is taken.

                                                                                  		1.
                                                                                  Southern bluefin tuna (Thunnus maccoyii) in all New Zealand fisheries waters and all waters outside the outer boundary of the exclusive economic zone

                                                                                  A person who is a New Zealand national fishing against New Zealand's national allocation of southern bluefin tuna may return any southern bluefin tuna to the waters from which it was taken if—

                                                                                1. that southern bluefin tuna is likely to survive on return; and
                                                                                  1. the return takes place as soon as practicable after the southern bluefin tuna is taken.

                                                                                      		1.
                                                                                      Southern scallops (Pecten novaezelandiae) in the southern scallop fishery

                                                                                      A commercial fisher may return a southern scallop of legal size to the waters from which it was taken if the scallop is likely to survive on return.

                                                                                      Spiny dogfish (Squalus acanthias) in all New Zealand fisheries waters

                                                                                      A commercial fisher may return any spiny dogfish (whether live or dead) to the waters from which it was taken.

                                                                                      Swordfish (Xiphias gladius) in all New Zealand fisheries waters

                                                                                      A commercial fisher may return any swordfish to the waters from which it was taken if—

                                                                                    1. that swordfish is likely to survive on return; and
                                                                                      1. the return takes place as soon as practicable after the swordfish is taken; and
                                                                                        1. that swordfish has a lower jaw to fork length of less than 1.25 m.
                                                                                            1. For the purposes of this requirement, lower jaw to fork length means the projected straight line distance from the foremost point of the lower jaw to the rear centre edge of the tail (caudal fin).

                                                                                          1. The Minister may make an instrument for any stock or species listed in table 1 that includes the same or similar requirements, conditions, or size limits found in the corresponding enactment immediately before commencement.

                                                                                          2. The Minister may make an instrument for any stock or species listed in table 2 that includes the same or similar requirements, conditions, or size limits specified in that table.

                                                                                          3. On the commencement of an instrument that applies to any of those stocks or species, subclause (1) or (2), as the case may be, ceases to apply to those stocks or species.

                                                                                          4. If any of those stocks or species ceases to be subject to an instrument made under section 72A, the authority conferred by subclause (1) or (2) is not revived and the Minister must comply with the statutory prerequisites before including the stock or species in a subsequent instrument under that section.

                                                                                          Notes
                                                                                          • Schedule 1AA clause 7: inserted, on , by section 20(a) of the Fisheries Amendment Act 2022 (2022 No 56).

                                                                                          Subpart 5References in this Act to Fisheries Act 1983

                                                                                          8References to Fisheries Act 1983

                                                                                          1. The repeal of the Fisheries Act 1983 does not affect the operation of provisions in this Act that refer to any provision of the Fisheries Act 1983.

                                                                                          Notes
                                                                                          • Schedule 1AA clause 8: inserted, on , by section 20(a) of the Fisheries Amendment Act 2022 (2022 No 56).

                                                                                          Part 4Provisions relating to Fisheries (International Fishing and Other Matters) Amendment Act 2025

                                                                                          9Meaning of commencement

                                                                                          1. In this Part, commencement means the date on which this Part comes into force.

                                                                                          Notes
                                                                                          • Schedule 1AA clause 9: inserted, on , by section 60(a) of the Fisheries (International Fishing and Other Matters) Amendment Act 2025 (2025 No 18).

                                                                                          10Existing high seas fishing permits continue as international fishing permits

                                                                                          1. An existing high seas fishing permit continues as an international fishing permit for the high seas.

                                                                                          2. The permit is subject to the same terms and conditions, and the same expiry date, as applied immediately before commencement.

                                                                                          3. In this clause, existing high seas fishing permit means a high seas fishing permit that was in effect immediately before commencement.

                                                                                          Notes
                                                                                          • Schedule 1AA clause 10: inserted, on , by section 60(a) of the Fisheries (International Fishing and Other Matters) Amendment Act 2025 (2025 No 18).

                                                                                          11Review against decisions made under delegated authority

                                                                                          1. Section 94(2) to (4) does not apply to a review that is started before commencement in relation to a high seas fishing permit.

                                                                                          Notes
                                                                                          • Schedule 1AA clause 11: inserted, on , by section 60(a) of the Fisheries (International Fishing and Other Matters) Amendment Act 2025 (2025 No 18).

                                                                                          12Applications for high seas fishing permits

                                                                                          1. This Act as in force immediately before commencement continues to apply to an application for a high seas fishing permit that is made before commencement.

                                                                                          Notes
                                                                                          • Schedule 1AA clause 12: inserted, on , by section 60(a) of the Fisheries (International Fishing and Other Matters) Amendment Act 2025 (2025 No 18).

                                                                                          13High Seas Permit Register continues as International Fishing Permit Register

                                                                                          1. The High Seas Permit Register, as it is immediately before commencement, continues as the International Fishing Permit Register.

                                                                                          Notes
                                                                                          • Schedule 1AA clause 13: inserted, on , by section 60(a) of the Fisheries (International Fishing and Other Matters) Amendment Act 2025 (2025 No 18).