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Fisheries Act 1996

International fishing - High seas fishery inspectors

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

You could also call this:

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

Illustration for Fisheries Act 1996

If you are on a vessel that is being held at a port under section 113UA(2), a high seas fishery inspector can inspect the vessel. The inspector can look at the vessel, its fishing gear, and the fish on board. They can also check the vessel's records and documents. The inspector can open things to inspect them, take samples for testing, and do a remote access search as defined in section 3(1) of the Search and Surveillance Act 2012. They can also make a copy of records or documents, following section 206. You can find more information about remote access searches in the Search and Surveillance Act 2012. Some rules from the Search and Surveillance Act 2012 apply to these inspections, but not all of them. This section is also subject to section 113UC, which says a search warrant is needed to enter living quarters or do a remote access search.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=LMS1523158.

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113UC: Investigation of serious violations: search warrant required to enter living quarters or conduct remote access search, or

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Part 6AInternational fishing
High seas fishery inspectors

113UBInvestigation of serious violations: search powers while vessel at port

  1. This section applies to a vessel that is detained at a port under section 113UA(2).

  2. A high seas fishery inspector may, for the purpose of investigating the serious violation and at any reasonable time, inspect 1 or more of the following:

  3. the vessel:
    1. the vessel’s authorisation to fish, or transport fish, aquatic life, or seaweed, in the relevant area of the high seas:
      1. the vessel’s fishing gear and equipment:
        1. the vessel’s facilities:
          1. fish and fish products on the vessel:
            1. the vessel’s records and other relevant documents.

              1. A high seas fishery inspector may, for the purposes of inspecting any of those things, do 1 or more of the following:

              2. open, or direct any person to open, a thing that may be inspected:
                1. take any sample of a thing that may be inspected, for forensic or other scientific testing:
                  1. conduct a remote access search (as defined in section 3(1) of the Search and Surveillance Act 2012):
                    1. take or make, in accordance with section 206, a copy of a record or document that may be inspected.

                      1. Part 4 of the Search and Surveillance Act 2012 (other than subparts 2 and 3 and sections 118 to 120, 173, and 174) applies in respect of the powers conferred by this section.

                      2. This section is subject to section 113UC (search warrant required to enter living quarters or conduct remote access search).

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