Fisheries Amendment Act 1967
Fisheries Amendment Act 1967
Fisheries Amendment Act 1967
Fisheries Amendment Act 1967
Public Act |
1967 No 49 |
|
Date of assent |
15 November 1967 |
|
Contents
An Act to amend the Fisheries Act 1908
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
This Act may be cited as the Fisheries Amendment Act 1967, and shall be read together with and deemed part of the Fisheries Act 1908 (hereinafter referred to as the principal Act).
2 Interpretation
Section 2 of the principal Act (as amended by section 2(5) of the Fisheries Amendment Act 1959) is hereby further amended by adding the following subsection:
“(3)
Every reference in this Part of this Act or in any regulations made under this Part to any fish, oyster, or marine mammal (including a seal) shall, unless the context otherwise requires, be deemed to include any part of any such fish, oyster, or marine mammal.”
3 Appointment and powers of fishery officers in respect of sea fisheries
(1)
The principal Act is hereby further amended by repealing section 4, and substituting the following section:
“4
“(1)
There may from time to time be appointed under the State Services Act 1962 suitable persons to be Inspectors of Sea Fishing and such other officers and assistants as are required for the purpose of the effective administration of this Part of this Act and regulations made under this Part; and every person so appointed shall have the powers and shall perform the duties laid down in this Part and such further duties as may from time to time be prescribed.
“(2)
Every Collector and every person appointed in accordance with subsection (1) of this section shall be deemed to be a fishery officer for the purposes of this Part of this Act.
“(3)
Every naval officer for the time being in command of a ship of the New Zealand Naval Forces shall have and may exercise, without further authority than this subsection, all the powers of a fishery officer under this Part of this Act as if he had been duly appointed an Inspector of Sea Fishing in accordance with subsection (1) of this section.
“(4)
The Secretary for Marine may from time to time issue to any fishery officer appointed in accordance with this section a warrant showing the officer’s authority to exercise the powers conferred on fishery officers by this Part of this Act.
“(5)
Every warrant issued under subsection (4) of this section purporting to bear the signature of the Secretary for Marine shall be deemed, until the contrary is proved, to have been duly issued by him. In this subsection the term ‘signature’ includes a facsimile of a signature, by whatever process it is reproduced.
“(6)
On the termination of his appointment, a fishery officer shall surrender to the Secretary for Marine any warrant issued to him under this section.”
(2)
Section 9 of the principal Act is hereby amended by omitting from paragraph (e) of subsection (1) the words “by regulations under this Act”
, and substituting the words “by this Part of this Act or by regulations made under this Part.”
(3)
The said section 9 is hereby further amended by repealing subsection (2), and substituting the following subsection:
“(2)
The production by any fishery officer appointed in accordance with section 4 of this Act of any instrument of appointment issued to him under the State Services Act 1962 or of any warrant of authority issued to him under the said section 4, or, in the case of an honorary fishery officer, the production by him of his warrant of appointment, shall, until the contrary is proved, be sufficient authority for any such officer to do anything authorised by subsection (1) of this section.”
(4)
Section 18 of the Statutes Amendment Act 1948 is hereby consequentially repealed.
(5)
Section 20 of the Fisheries Amendment Act 1963 is hereby consequentially amended by repealing subsection (3).
4 Buying, selling, or possessing fish contrary to the Act
(1)
The principal Act is hereby further amended by repealing section 49, and substituting the following section:
“49
“(1)
Every person commits an offence who buys, sells, or has in his possession any fish, oysters, or seals taken in contravention of this Part of this Act or any regulations made under this Part:
“Provided that in any proceedings for an offence against this subsection, it shall be a defence if the defendant satisfies the Court that he did not know, and could not with the exercise of reasonable care have known, that the fish, oysters, or seals to which the alleged offence relates were taken as aforesaid.
“(2)
Every person commits an offence who in New Zealand or in New Zealand fisheries waters—
“(a)
Buys or sells any fish or oysters taken beyond New Zealand fisheries waters, if the taking of the fish or oysters within New Zealand fisheries waters would be a contravention of this Part of this Act or of any regulations made under this Part; or
“(b)
Has in his possession any fish or oysters taken (whether by a New Zealand ship within the meaning of the Shipping and Seamen Act 1952 or not) beyond New Zealand fisheries waters, if the taking of the fish or oysters within New Zealand fisheries waters from a fishing boat registered under the Fisheries Amendment Act 1963 and operating pursuant to a boat-fishing permit issued under that Act would be a contravention of this Part of this Act or of any regulations made under this Part.
“(3)
In any proceedings for an offence against subsection (2) of this section, it shall be a defence if the defendant satisfies the Court that—
“(a)
The fish or oysters to which the offence relates were preserved in containers or cured in some country other than New Zealand; or
“(b)
He did not know, and could not with the exercise of reasonable care have known, that the fish or oysters to which the alleged offence relates were taken as aforesaid.”
“(4)
Every person who commits an offence against this section is liable to a fine not exceeding five hundred dollars.
“(5)
Nothing in this section shall be construed to affect the provisions of the proviso to subsection (2) of section 2 of this Act.
“(6)
For the purposes of this section ‘sell’, in relation to any fish, oyster, or seal, includes barter, and also includes offering or attempting to sell, or receiving for sale, or exposing for sale, or sending or delivering for sale.”
(2)
The Territorial Sea and Fishing Zone Act 1965 is hereby consequentially amended by repealing so much of the Schedule to that Act as relates to section 49 of the Fisheries Act 1908.
5 Seizure and search of ships and boats
(1)
Section 58 of the principal Act is hereby amended by repealing subsection (1), and substituting the following subsections:
“(1)
The officer in command of any vessel of the New Zealand Naval Forces or any Inspector of Sea Fishing or any constable or the master of any New Zealand Government ship within the meaning of the Shipping and Seamen Act 1952 may, without limiting the powers conferred by sections 52 and 56 of this Act,—
“(a)
Enter upon, seize, and take possession of any ship or boat within New Zealand or New Zealand fisheries waters on or from which he has reasonable cause to believe that an offence against this Part of this Act, or against any regulations made under this Part, is being or has been committed; and
“(b)
At any time enter upon any ship or boat within New Zealand or New Zealand fisheries waters, and there search for, seize, and take possession of any fish, oysters, or seals, in respect of which he has reasonable cause to believe that an offence against this Part, or against any regulations made under this Part, has been committed.
“(1a)
Any officer, Inspector, constable, or master exercising any power conferred on him by subsection (1) of this section may do so with the aid of such assistants as he considers necessary for the purpose.”
(2)
The Territorial Sea and Fishing Zone Act 1965 is hereby consequentially amended by repealing so much of the Schedule as relates to section 58 of the Fisheries Act 1908.
6 Apprehension of persons on vessels other than New Zealand ships
The principal Act is hereby further amended by inserting, after section 58, the following section:
“58a
“(1)
Where the officer in command of any vessel of the New Zealand Naval Forces or any Inspector of Sea Fishing or any constable or the master of any New Zealand Government ship within the meaning of the Shipping and Seamen Act 1952—
“(a)
Finds any person (being the owner, the charterer, or the master, or a crew member of a vessel other than a New Zealand ship within the meaning of the Shipping and Seamen Act 1952) committing an offence against this Part of this Act or against any regulations made under this Part; or
“(b)
Has reasonable cause to believe that any such person has committed an offence as aforesaid,—
the officer, Inspector, constable, or master, as the case may be, may, without first requiring the person to disclose his true name and address, apprehend him and cause him to be taken as soon as practicable before a Magistrate to be dealt with according to law.
“(2)
No person apprehended pursuant to subsection (1) of this section shall for any reason be detained for a longer period than forty-eight hours from the time of his apprehension before being brought before a Magistrate; and if he cannot for any reason be brought before a Magistrate within forty-eight hours as aforesaid, then he shall be released.
“(3)
Any officer, Inspector, constable, or master exercising the powers conferred on him by subsection (1) of this section may do so with the aid of such assistants as he considers necessary for the purpose.
“(4)
Nothing in section 52 of this Act shall apply to any person liable to be apprehended under this section.”
7 Repeal of section relating to removal of boundary marks of oyster beds
Section 63 of the principal Act is hereby repealed.
8 Repeal of section relating to further proceedings
Section 69 of the principal Act is hereby repealed.
9 Repeal of section relating to proceedings against Maoris
Section 76 of the principal Act is hereby repealed.
10 Limitation of Act
Section 77 of the principal Act is hereby amended by adding to paragraph (c) of subsection (1) the words “or to”
, and by adding to that subsection the following paragraph:
“(d)
Any person taking fish, with the written permission of the Secretary for Marine, from any waters where fishing is for the time being lawfully prohibited or restricted, or, pursuant to that permission, using fishing gear in those waters for the purpose of carrying out trials and experiments with fishing boats or fishing gear or any other apparatus whatsoever which is capable of being used in connection with the catching of fish:
“Provided that, if it is practicable to do so, the person taking any fish in the course of the trials or experiments shall return it to the water alive with as little injury as possible, but, if it is not practicable to return the fish to the water as aforesaid, he shall dispose of it in such manner as the Secretary for Marine may direct.”
11 New sections inserted relating to vessels other than New Zealand ships
The Fisheries Amendment Act 1963 is hereby further amended by inserting, after section 12, the following sections:
“12a Taking of fish by vessels that are not New Zealand ships
“(1)
No vessel that is not a New Zealand ship within the meaning of the Shipping and Seamen Act 1952 shall be used in fishing in New Zealand fisheries waters, except for fisheries research or experimental or sports fishing purposes and then, in each such case, only with the consent of the Minister and subject to compliance with any conditions imposed by him in giving that consent.
“(2)
In proceedings for an offence against this section, proof that any vessel was used for fisheries research or experimental or sports fishing purposes with the consent of the Minister shall lie on the defendant.
“(3)
Where any small vessel that is carried by or attached to or operated in conjunction with any other vessel is used in fishing (whether that other vessel is within New Zealand fisheries waters or not), then, for the purposes of this section, that other vessel shall also be deemed to be used in fishing at the time and place where that small vessel is so used.
“(4)
If any vessel is used in fishing in breach of the provisions of this section, the owner, the charterer (if any), and the master of the vessel and every member of its crew each commits an offence, and is liable—
“(a)
In the case of an offence committed by the owner, charterer, or master, to a fine not exceeding five thousand dollars:
“(b)
In the case of an offence committed by any member of the crew, to a fine not exceeding five hundred dollars.
“12b Possession of fish, etc., by vessels that are not New Zealand ships
“(1)
Notwithstanding anything to the contrary in this Part of this Act or in any regulations made under this Part, no offence of being in possession of fish or oysters in contravention of this Part or of any regulations under this Part shall be deemed to be committed by the owner, the charterer (if any), or the master or any crew member of any vessel (not being a New Zealand ship within the meaning of the Shipping and Seamen Act 1952) if the fish or oysters were taken beyond New Zealand fisheries waters and either remain on board the vessel or, with the prior consent of the Minister, are landed in New Zealand.
“(2)
Any fish or oysters landed in New Zealand with the prior consent of the Minister as aforesaid may, with the prior consent of the Minister, be sold; and, notwithstanding anything in this Part of this Act or in any regulations under this Part, no offence of buying, selling, or being in possession of any fish or oysters shall be deemed to have been committed in respect of any fish or oysters sold pursuant to that consent and in compliance with any conditions imposed by the Minister in granting that consent.”
12 Evidence in proceedings
The Fisheries Amendment Act 1963 is hereby further amended by inserting, after section 18a (as inserted by section 15 of the Fisheries Amendment Act 1965), the following section:
“18b
In proceedings for an offence against this Part of this Act, a certificate purporting to be signed by the Secretary for Marine or an Assistant Secretary for Marine that on a date specified in the certificate—
“(a)
A vessel specified in the certificate was not registered under this Part of this Act; or
“(b)
A vessel specified in the certificate was not a New Zealand ship within the meaning of the Shipping and Seamen Act 1952; or
“(c)
No boat-fishing permit was in force authorising the taking of fish from a boat specified in the certificate; or
“(d)
A person specified in the certificate was not the holder of a shore-fishing permit,—
shall, in the absence of proof to the contrary, be sufficient evidence of the matters stated in the certificate.”
13 Regulating the landing of crayfish
Section 21 of the Fisheries Amendment Act 1963 is hereby amended by inserting in subsection (1), after paragraph (h), the following paragraph:
“(hh)
Regulating the landing of crayfish at ports or places within the area of the registry at which the holder of a boat-fishing permit permitting the taking of crayfish has registered his fishing boat:”.
14 Appointment and powers of officers in respect of freshwater fisheries
(1)
The principal Act is hereby further amended by repealing section 79, and substituting the following section:
“79
“(1)
There may from time to time be appointed under the State Services Act 1962 such officers as are required for the effective administration of this Part of this Act and regulations made under this Part; and every person so appointed shall have the powers and shall perform the duties laid down in this Part and such further duties as may from time to time be prescribed.
“(2)
Any person appointed as an officer as aforesaid may be appointed for a particular acclimatisation district within the meaning of the Wildlife Act 1953, or for any other particular area, or to carry out his duties generally throughout New Zealand.
“(3)
The Secretary for Marine may from time to time issue to any such officer appointed in accordance with this section a warrant showing the officer’s authority to exercise the powers conferred on officers by this Part of this Act.
“(4)
Every warrant issued under subsection (2) of this section purporting to bear the signature of the Secretary for Marine shall be deemed, until the contrary is proved, to have been duly issued by him. In this subsection the term ‘signature’ includes a facsimile of a signature, by whatever process it is reproduced.
“(5)
On the termination of his appointment, an officer shall surrender to the Secretary for Marine any warrant issued to him under this section.”
(2)
Section 80 of the principal Act is hereby amended by repealing subsection (2), and substituting the following subsection:
“(2)
The production by any officer appointed in accordance with section 79 of this Act of any instrument of appointment issued to him under the State Services Act 1962 or of any warrant of authority issued to him under the said section 79, or, in the case of an honorary officer, the production by him of his warrant of appointment, shall, until the contrary is proved, be sufficient authority for any such officer to do anything authorised by this Part of this Act or by any regulations made under this Part or by section 6 of the Fisheries Amendment Act 1923.”
(3)
Section 4 of the Fisheries Amendment Act 1923 is hereby consequentially repealed.
This Act is administered in the Department of Marine.