235AAssisting, etc, IUU-listed vessel

1. This section applies to conduct carried out in New Zealand, in New Zealand fisheries waters, on the high seas, or in the national fisheries jurisdiction of a foreign country.

2. The owner, beneficial owner, operator, notified user, and master of a New Zealand fishing vessel each commit an offence if the vessel is used to—

3. assist an IUU-listed vessel with fishing for fish or with processing fish; or
4. tranship fish to or from an IUU-listed vessel.

5. A New Zealand national commits an offence who—

6. assists an IUU-listed vessel with fishing for fish or with processing fish; or
7. tranships fish to or from an IUU-listed vessel; or
8. is engaged or employed as, or otherwise is, a master or crew member of an IUU-listed vessel; or
9. provides, or enters into an agreement to provide, a master or crew for an IUU-listed vessel; or
10. is, or enters into an agreement to be, the operator or owner of an IUU-listed vessel; or
11. is, or enters into an agreement that would have the effect of making the New Zealand national, the beneficial owner of an IUU-listed vessel.

12. Without limiting the application of section 241, it is a defence to any offence under subsection (2) or (3)(a) to (d) if the defendant proves that the contravention—

13. was necessary—
    1. to save or prevent danger to human life; or
    2. to avert a serious threat to the vessel; or
    3. in the case of force majeure caused by stress of weather, to secure the safety of the vessel; and
14. was a reasonable step to take in all the circumstances; and
15. was likely to result in less harm to the human life or vessel referred to in paragraph (a) than would otherwise have occurred; and
16. was done in a way that minimised the likelihood of harm to other human life, other vessels, and to fish and aquatic life.

17. A defendant is not, without leave of the court, entitled to rely on the defence unless the defendant has, within 30 days after the service of the summons, served on the prosecutor a notice in writing that specifies—

18. the reasons why the contravention was necessary and was a reasonable step to take in the circumstances; and
19. the harm that was likely to occur but for the contravention; and
20. how the contravention was done in a way that minimised the likelihood of harm to other human life, other vessels, and to fish, aquatic life, and seaweed.

21. Subsection (7) applies to proceedings for an offence under this section that is carried out on the high seas or in the national fisheries jurisdiction of a foreign country.

22. Despite anything in any other enactment, proceedings for the offence may not be instituted in any court except with the consent of the Attorney-General and on the Attorney-General’s certificate that it is expedient that the proceedings should be instituted.

23. In this section,—

    assist means to carry out any action with or in support of an IUU-listed vessel in relation to fishing, for example,—

    1. sharing catch or fishing gear with an IUU-listed vessel:
    2. net-sharing with an IUU-listed vessel (where net-sharing is the use by one vessel of a purse seine to catch fish that is then collected from the sea and stored in the hold of another vessel):
    3. sharing the co-ordinates of a fish aggregating device with an IUU-listed vessel (where a fish aggregating device is a floating device that attracts fish):
    4. providing fuel to an IUU-listed vessel, including providing assistance with the logistics of loading and distributing the fuel among tanks on the vessel:
    5. providing fishing-related personnel, fishing gear, and other fishing-related supplies at sea to an IUU-listed vessel:
    6. transporting fish that have been caught by an IUU-listed vessel and have not previously been landed

    IUU-listed vessel means a vessel that is on a final IUU vessel list.