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Fisheries Act 1996

International fishing - High seas fishery inspectors

113UA: Investigation of serious violations: power to detain vessel at port

You could also call this:

"Stopping a boat at a port to investigate a serious fishing rule break"

Illustration for Fisheries Act 1996

You are on a vessel that has been directed to a port under section 113U(3). A high seas fishery inspector can keep your vessel at the port for as long as they need to investigate a serious violation. The inspector must tell the chief executive about the detention as soon as possible. You will be told what is happening with your vessel. The chief executive must inform the authorities of the vessel's flag State about the detention and the results of the investigation. The chief executive will decide when to release your vessel. The vessel can be released if the chief executive believes the serious violation happened on the high seas and the flag State requests it. The vessel can also be released if the chief executive believes the serious violation happened in New Zealand fisheries waters and a reasonable bond is paid. The bond is decided based on how serious the violation is and the value of the vessel and its cargo.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=LMS1523155.

Topics:
Environment and resources > Farming and fishingTransport and travel > Boating
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113U: Investigation of serious violations: powers to remain on and direct vessel to port, or

"Inspectors can stop and direct a boat to port if they think it has broken serious fishing rules"

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113UB: Investigation of serious violations: search powers while vessel at port, or

"Inspecting a fishing boat at a port for serious rule breaking"

Part 6AInternational fishing
High seas fishery inspectors

113UAInvestigation of serious violations: power to detain vessel at port

  1. This section applies to a vessel that is directed to a port under section 113U(3).

  2. A high seas fishery inspector may detain the vessel at the port for as long as is reasonably necessary to enable the inspector to investigate the serious violation (but see subsection (5)).

  3. The high seas fishery inspector must notify the chief executive of the detention as soon as practicable after the detention starts.

  4. The chief executive must, as soon as practicable after receiving the notice, advise the authorities of the vessel’s flag State of—

  5. the name and location of the port at which the vessel is detained; and
    1. the results of the investigation carried out in relation to the vessel.

      1. The chief executive must direct the release of the vessel,—

      2. if they believe on reasonable grounds that the serious violation took place on the high seas, on request of the vessel’s flag State; or
        1. if they believe on reasonable grounds that the serious violation took place in New Zealand fisheries waters, on payment of a bond that they consider is reasonable, having regard to—
          1. the gravity of the serious violation under investigation; and
            1. if the serious violation constitutes an offence under this Act, the applicable penalty; and
              1. the value of the vessel and its cargo.

              Notes
              • Section 113UA: inserted, on , by section 42 of the Fisheries (International Fishing and Other Matters) Amendment Act 2025 (2025 No 18).