Fisheries (Agreement with Japan) Act 1967
Fisheries (Agreement with Japan) Act 1967
Fisheries (Agreement with Japan) Act 1967
Fisheries (Agreement with Japan) Act 1967
Public Act |
1967 No 16 |
|
Date of assent |
25 August 1967 |
|
Contents
An Act to give effect to the Agreement on Fisheries between New Zealand and Japan by making temporary provision with respect to fishing in part of the fishing zone of New Zealand by vessels registered in Japan
BE IT ENACTED by the General Assembly of New Zealand in Parliament assembled, and by the authority of the same, as follows:
1 Short Title and commencement
(1)
This Act may be cited as the Fisheries (Agreement with Japan) Act 1967.
(2)
This Act shall come into force on a date to be fixed for the commencement thereof by the Governor-General, by Order in Council.
2 Interpretation
In this Act, unless the context otherwise requires,—
“The Agreement” means the Agreement on Fisheries between New Zealand and Japan (including the related documents) signed at Wellington on the twelfth day of July, nineteen hundred and sixty-seven, a copy of which has been laid before Parliament as Parliamentary Paper No. A. 10:
“Fishing zone of New Zealand” means the fishing zone of New Zealand as defined in section 8 of the Territorial Sea and Fishing Zone Act 1965:
“Island” includes a low-tide elevation that is an island for the purposes of section 5 of that Act:
“Specified area” means the following parts of the fishing zone of New Zealand:
(a)
So much of that zone adjacent to the North Island (including islands adjacent to the North Island) as lies on the seaward side of a line every point of which is distant six international nautical miles measured seaward from the nearest point of the baseline from which the outer limits of the territorial sea of New Zealand are measured; and
(b)
So much of that zone adjacent to the coast of the South Island north of the degree of latitude 41 degrees 30 minutes South and east of the meridian of longitude 172 degrees 30 minutes East (including islands adjacent to that part of the coast of the South Island) as lies on the seaward side of a line every point of which is distant six international nautical miles measured seaward from the nearest point of the baseline from which the outer limits of the territorial sea of New Zealand are measured.
3 Fishing by Japanese vessels in specified area
(1)
While this Act continues in force, nothing in Part I of the Fisheries Amendment Act 1963 shall make it unlawful for any vessel registered in Japan, or any small boat carried by and used in conjunction with any such vessel, to be used in fishing in the specified area, if the following conditions are complied with:
(a)
A licence issued by the Government of Japan pursuant to the Agreement must be in force authorising that vessel to be used in fishing in the specified area; and
(b)
Fish shall not be taken by any method other than by bottom long-line fishing.
(2)
Where any small boat carried by and used in conjunction with any vessel registered in Japan is used in fishing, then, for the purposes of this section that vessel shall also be deemed to be used in fishing at the time and place where that small boat is so used, and fish taken by the small boat shall be deemed to be taken by that vessel also.
4 Evidence in proceedings
(1)
In proceedings for an offence against any provision of Part I of the Fisheries Amendment Act 1963 alleged to have been committed in the specified area by the master or any member of the crew of any vessel registered in Japan or of any small boat carried by and used in conjunction with any such vessel, proof that a licence issued by the Government of Japan pursuant to the Agreement was in force authorising that vessel to be used in fishing in the specified area shall lie on the defendant.
(2)
Where in any such proceedings any question arises as to whether or not a licence has been issued by the Government of Japan pursuant to the Agreement and was in force on any specified date, a certificate in relation thereto signed by the Minister of External Affairs shall be conclusive evidence of the matters stated in the certificate.
5 Duration of Act
This Act shall continue in force until the first day of January, nineteen hundred and seventy-one and shall then expire.
This Act is administered in the Department of External Affairs.