Fisheries Amendment Act 1994
Fisheries Amendment Act 1994
Fisheries Amendment Act 1994: repealed, on 1 November 2022, pursuant to section 22 of the Fisheries Amendment Act 2022 (2022 No 56).
Fisheries Amendment Act 1994
Version as at 1 November 2022
Fisheries Amendment Act 1994
Public Act |
1994 No 87 |
|
Date of assent |
1 October 1994 |
|
Fisheries Amendment Act 1994: repealed, on 1 November 2022, pursuant to section 22 of the Fisheries Amendment Act 2022 (2022 No 56).
Note
Changes authorised by subpart 2 of Part 3 of the Legislation Act 2019 have been made in this consolidation. See the notes at the end of this consolidation for further details.
This Act is administered by the Ministry for Primary Industries.
Contents
An Act to amend the Fisheries Act 1983
BE IT ENACTED by the Parliament of New Zealand as follows:
1 Short Title and commencement
(1)
This Act may be cited as the Fisheries Amendment Act 1994, and shall be read together with and deemed part of the Fisheries Act 1983 (hereinafter referred to as the principal Act).
(2)
This Act shall come into force on the 1st day of October 1994.
2 Fishing permits
(1)
This subsection amended s 63 of the principal Act.
(2)
Notwithstanding anything in section 63 of the principal Act, in the case of any person who, at the close of the 30th day of September 1994, held a special permit referred to in subsection (3) of this section, the following provisions shall apply:
(a)
The Director-General may, but is not obliged to, issue to the person an appropriate fishing permit in place of the special permit:
(b)
Where the Director-General issues a fishing permit to any person under this subsection, the special permit held by that person shall be deemed to be revoked as from the commencement of the day on which the fishing permit becomes effective.
(3)
Subsection (2) of this section applies to every special permit issued pursuant to section 64(1)(c) of the principal Act during the period commencing on the 18th day of December 1992 and ending with the close of the 30th day of September 1994, being a special permit granted for one or more of the following purposes:
(a)
To rectify an administrative error:
(b)
To reflect a change in the holder’s legal personality:
(c)
To recognise a demonstrated record of investigation or development:
(d)
To recognise a commitment in the form of investment:
(e)
To recognise a debilitation by illness or injury:
(f)
To recognise a commitment to international sporting events:
(g)
To allow individual quota holders who did not hold a permit authorising the taking of jack mackerel in quota management areas 1 and 3 to continue their fishing operations.
3
4
5
6 Transitional levies in respect of period before commencement of first levy order under section 107EA of principal Act
[Repealed]This section expired, as from 1 December 1995, pursuant to regulation 14(1) Fisheries (Cost Recovery Levies) Order 1995 (SR 1995/280). See regulation 14(2) of that Order as to liability under this section before 1 December 1995.
7 Expiry of section 6 and Schedule 2
Section 6 of this Act and Schedule 2 to this Act shall expire on a date to be appointed by the Governor-General by Order in Council and shall, as from their expiry, be deemed to have been repealed.
8 Repeals and amendments
(1)
(2)
The Fish Royalties Act 1985 and the Fish Royalties Amendment Act 1986 are hereby repealed.
(3)
The following enactments are hereby consequentially repealed:
(a)
Section 28 of the Fisheries Amendment Act 1986:
(b)
Sections 28, 55, and 56 of the Fisheries Amendment Act 1990:
(d)
Section 21 of the Fisheries Amendment Act (No 2) 1992:
(e)
Section 36 of the Treaty of Waitangi (Fisheries Claims) Settlement Act 1992.
9 Crown not liable for effects of Act
Nothing authorised or effected by this Act shall be regarded as making the Crown or any other person liable to pay compensation to any person or as otherwise making the Crown or any person guilty of a civil wrong.
10 Saving
Notwithstanding the repeal of section 28ZC of the principal Act by section 8(1) of this Act, any amount payable to any person under subsection (4A) of that section (being the remission of any part of any resource rental payment) in respect of any period ending with the close of the 30th day of September 1994 shall be paid in accordance with that section if an application in respect of the amount is received by the Director-General not later than the close of the 31st day of December 1994.
Schedule 1 New Schedule 1E inserted in principal Act
Schedule 1E
Section 107EB
A Fisheries related costs to be borne by Crown
For the purposes of this Part of this Schedule,—
Inshore fisheries means fish of the species specified as inshore species in Part B of this Schedule
Pelagic fisheries means fish of the species specified as pelagic species in Part B of this Schedule
Prosecutions means proceedings that have been commenced by the laying of an information or the presentation of an indictment
Shellfish does not include squid (Nototodarus gouldi and Nototodarus sloanii).
| Item | Crown Contribution |
|---|---|
| Stock assessment costs associated with- | |
| (a) Inshore fisheries research | 10 percent |
| (b) Shellfish research | 10 percent |
| (c) Pelagic fisheries research | 5 percent |
| Management measures dealing with interfaces and resolving conflicts between commercial interests and between commercial and non-commercial interests | 25 percent |
| Detection of fisheries offences | 13 percent |
| Prosecutions | 100 percent |
| Management of all Crown held fisheries quota | 100 percent |
| Management of licensing of foreign licensed nations under the Territorial Sea and Exclusive Economic Zone Act 1977 | 100 percent |
| Costs of all other required services as defined in section 107EC(7) of this Act (other than research relating to deep water and middle depth stock assessment research, and stock assessment methodologies) | 32.07 percent |
| Costs of conservation services referred to in section 107EA(1)(d) of this Act | 00.00 percent |
B Tables of inshore and pelagic species specified for purposes of part A of this Schedule
| COMMON NAME | SPECIES CODE | SCIENTIFIC NAME |
|---|---|---|
| Inshore Species | ||
| Alfonsino | BYX | Beryx splendens, B decadactylus |
| Blue cod | BCO | Parapercis colias |
| Blue moki | MOK | Latridopsis ciliaris |
| Bluenose | BNS | Hyperoglyphe antarctica |
| Butterfish, greenbone | BUT | Odax pullus |
| Common (blue) warehou | WAR | Seriolella brama |
| Conger eel | CON | Conger spp |
| Elephant fish | ELE | Callorhnchus milii |
| Flatfish: | ||
| Black flounder | BLF | Rhombosolea retiaria |
| Brill | BRI | Colistium guntheri |
| Greenback flounder | GFL | Rhombosolea tapirina |
| Lemon sole | LSO | Pelotretis flavilatus |
| New Zealand sole | ESO | Peltorhamphus novaezeelandiae |
| Sand flounder | SFL | Rhombosolea plebeia |
| Turbot | TUR | Colistium nudipinnis |
| Yellowbelly flounder | YBF | Rhombosolea leporina |
| Giant stargazer | STA | Kathetostoma giganteum |
| Grey mullet | GMU | Mugil cephalus |
| Groper: | ||
| Bass | BAS | Polyprion moeone |
| Hapuku | HAP | Polyprion oxygeneios |
| John dory | JDO | Zeus faber |
| Leatherjacket | LEA | Parika scaber |
| Long-finned fresh-water eel | LFE | Anguilla dieffenbachii |
| Octopus | OCT | Octopus maorum |
| Parore | PAR | Girella tricuspidata |
| Porae | POR | Nemadactylus douglasi |
| Quinnat salmon | SAM | Oncorhynchus tshawytscha |
| Red cod | RCO | Pseudophycis bachus |
| Red gurnard | GUR | Chelidonichthys kumu |
| Red moki | RMO | Cheilodactylus spectabilis |
| Rig, spotted dogfish | SPO | Mustelus lenticulatus |
| Rough skate | RSK | Raja nasuta |
| School shark | SCH | Galeorhinus galeus |
| Sea perch, Jock Stewart, Scarpee | SPE | Helicolenus percoides |
| Short-finned freshwater eel | SFE | Anguilla australis |
| Snapper | SNA | Pagrus auratus |
| Spiny dogfish | SPD | Squalus acanthias |
| Spotted gurnard | JGU | Pterygotrigla picta |
| Spotted stargazer | SPZ | Genyagnus monopterygius |
| Tarakihi | TAR | Nemadactylus macropterus |
| Trevally | TRE | Pseudocaranx dentex |
| Yellow-eyed mullet | YEM | Aldrichetta forsteri |
| Pelagic Species | ||
| Albacore | ALB | Thunnus alalunga |
| Anchovy | ANC | Engraulis australis |
| Bigeye tuna | BIG | Thunnus obesus |
| Blue (English) mackerel | EMA | Scomber australasicus |
| Broadbill swordfish | SWO | Xiphias gladius |
| Butterfly tuna | BTU | Gasterochisma melampus |
| Garfish | GAR | Hyporhamphus ihi |
| Jack mackerel | JMA | Trachurus declivis, T novaezeelandiae, T murphyi |
| Kahawai | KAH | Arripis trutta, A xylabion |
| Kingfish (yellowtail) | KIN | Seriola ialandi |
| Northern bluefin tuna | NTU | Thunnus thynnus |
| Pilchard | PIL | Sardinops neopilchardus |
| Ray’s bream | RBM | Brama brama |
| Skipjack tuna | SKI | Katsuwonus pelamis |
| Southern bluefin tuna | STN | Thunnus maccoyi |
| Sprats | SPR | Sprattus antipodum, S muelleri |
| Yellowfin tuna | YFN | Thunnus albacares |
| Striped marlin | STM | Tetrapturus audax |
| Black marlin | BKM | Makaira indica |
| Blue marlin | BEM | Makaira nigricans, Makaira mazara |
| Blue shark | BWS | Prionace glauca |
| Mako shark | MAK | Isurus oxyrinchus |
Schedule 2 Transitional levies payable until expiry of section 6
[Expired]Clause (4)(2) in Part A of this Schedule was substituted, as from 30 June 1995, by regulation 2 Fisheries Amendment Act (Transitional Levies) Order 1995 (SR 1995/133).
Parts I to III of Part D were substituted, as from 28 July 1995, by regulation 2 Fisheries Amendment Act (Transitional Levies) Order (No 2) 1995 (SR 1995/152).
This Schedule expired, as from 1 December 1995, pursuant to regulation 14(1) Fisheries (Cost Recover Levies) Order 1995 (SR 1995/280).
Schedule 3 Amendments to principal Act consequential on repeal of provisions relating to resource rentals
| Provision Amended | Amendment |
|---|---|
| 28OF | By omitting from paragraph (b)(ii) of the definition of the term compensation balance in subsection (1) (as inserted by section 15 of the Fisheries Amendment Act 1990) the words By inserting in subsection (1), after the definition of the term compensation balance, the following definition: Compensation levy means the compensation levy imposed by Part A of the Second Schedule to the Fisheries Amendment Act 1994 By repealing the definition of the term extended compensation period in subsection (1) (as substituted by section 6(3) of the Fisheries Amendment Act 1991), and substituting the following definition: Extended compensation period means the period commencing on the 1st day of October 1994 and ending with the close of the 30th day of September 1995 By inserting in subsection (2), after the words By repealing subsection (3) (as added by section 6(4) of the Fisheries Amendment Act 1991). |
| 28OJ | By omitting from subsection (1)(a) (as inserted by section 15 of the Fisheries Amendment Act 1990) the word By repealing paragraph (b) of subsection (1) (as so inserted), and substituting the following paragraph: (b)All compensation levies paid to the Crown during the extended compensation period (less the amount of any compensation levies refunded in respect of that period pursuant to Part A of the Second Schedule to the Fisheries Amendment Act 1994), to the extent that the total amount so paid does not exceed the amount of compensation payable under section 28OG of this Act in respect of reductions in quota for hoki as remains unpaid on the 31st day of December 1994; and By omitting from subsection (2) (as so inserted and as amended by section 10(6) of the Fisheries Amendment Act 1991) the words |
| 28OL | By omitting from subsection (1)(b)(ii) (as inserted by section 15 of the Fisheries Amendment Act 1990) the words By repealing subsection (3) (as so inserted), and substituting the following subsections: (3) Subject to subsection (4) of this section, where the compensation balance available at the close of the 30th day of September 1994 is insufficient to pay all amounts of compensation payable under sections 28OG to 28OI of this Act that remain unpaid at that date, that balance shall, after all cases to which section 10 of the Fisheries Amendment Act 1994 apply have been determined in accordance with that section, be paid to the persons to whom compensation is due in accordance with the following priorities: (a)First, there shall be paid (if the compensation balance is sufficient), to each person who has not yet received the amount of compensation that is then due to that person under section 28OH of this Act, such amount as may be necessary to bring the level of compensation paid to that person up to that amount: (b)Secondly, there shall be paid (if the compensation balance is sufficient), to each person who has not yet received the amount of compensation that is then due to that person under section 28OI of this Act, such amount as may be necessary to bring the level of compensation paid to that person up to that amount: (c)Thirdly, there shall be paid in full (if the compensation balance is sufficient), to each person who has not yet received the agreed preliminary percentage of the amount of compensation payable to that person, such amount as may be necessary to bring the level of compensation paid to that person up to that percentage: (d)To the extent of any remaining compensation balance, the amount to be paid to each person to whom any amount of compensation is still due shall be reduced on a proportionate basis to total the amount of that remaining balance. (3A) Subject to subsection (4) of this section, where the compensation balance available at the end of the extended compensation period is insufficient to pay all amounts of compensation payable under sections 28OG to 28OI of this Act that remain unpaid at that date, that balance, after all cases to which clause 4(7) of Part A of the Second Schedule to the Fisheries Amendment Act 1994 apply have been determined, shall be paid to the persons to whom compensation is due in accordance with paragraphs (a) to (d) of subsection (3) of this section. |
Consolidation notes
1 General
This is a consolidation of the Fisheries Amendment Act 1994 that incorporates all the amendments to that Act as at the date of the last amendment to it.
2 About this consolidation
This consolidation is not an official version of the legislation under section 78 of the Legislation Act 2019.
3 Amendments incorporated in this consolidation
Fisheries Amendment Act 2022 (2022 No 56): section 22