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Fisheries Act 1996

Miscellaneous provisions

298A: Regulations relating to demerit points

You could also call this:

"Rules about demerit points for breaking fishing laws"

Illustration for Fisheries Act 1996

The Governor-General can make rules about demerit points. You can get demerit points if you commit a specified infringement offence. The rules can say who gets demerit points, like the master of a vessel or the holder of a fishing permit. The Governor-General can also make rules about how many demerit points you get. You might get more demerit points if you commit the same offence again. The rules can say when demerit points expire, which is no later than 3 years after the offence. The Governor-General can make rules about penalties, like a fine of up to $10,000. You can appeal against a penalty if you think it is unfair. The rules can also say how to review penalties and appeals. The rules can say how to use video recordings from equipment on a fishing vessel if you get a certain number of demerit points. The Governor-General can make rules about how demerit points are recorded and how to give notices about demerit points. You can find more information about secondary legislation in Part 3 of the Legislation Act 2019.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=LMS777438.

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Environment and resources > Farming and fishing
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Part 16Miscellaneous provisions

298ARegulations relating to demerit points

  1. The Governor-General may from time to time, by Order in Council, make regulations for all or any of the following purposes:

  2. authorising the Minister or the chief executive to record demerit points against any of the following persons who commit a specified infringement offence:
    1. the master of a vessel:
      1. the holder of a fishing permit:
      2. prescribing the number of demerit points or a graduated scale of demerit points that may be recorded for specified infringement offences (including a greater number of demerit points for committing a second or subsequent infringement offence):
        1. specifying different classes of infringement offence that are liable to demerit points:
          1. providing for the expiry of recorded demerit points no later than 3 years after the date on which the specified infringement offence is committed:
            1. prescribing a civil penalty not exceeding $10,000, which may be a fixed amount or a graduated scale of civil penalties for different levels of recorded demerit points:
              1. providing for the review of penalties imposed for recorded demerit points:
                1. providing for appeals against penalties imposed for recorded demerit points:
                  1. providing for the review of video recordings and associated information made by equipment placed on a fishing vessel under section 227A if a specified number of demerit points is accumulated in relation to activities carried out using the vessel:
                    1. providing for the effective operation of the demerit point system under this section, including regulations that—
                      1. specify how demerit points (including accumulated demerit points) are to be recorded, including the information to be recorded in connection with the recorded demerit points:
                        1. authorise the chief executive to require persons to provide that specified information:
                          1. provide for the giving of notices in respect of demerit points.

                          2. Regulations made under this section must provide for the matters specified in subsection (1)(f) and (g).

                          3. This section does not limit the generality of section 297.

                          4. Regulations made under this section are secondary legislation (see Part 3 of the Legislation Act 2019 for publication requirements).

                          Notes
                          • Section 298A: inserted, on , by section 16 of the Fisheries Amendment Act 2022 (2022 No 56).