Driftnet Prohibition Act (No. 18 of 1991).
Country
Type of law
Legislation
Date of original text
Date of latest amendment
Abstract
This Act implements the Convention for the Prohibition of Fishing with Long Driftnets in the South Pacific, Wellington 24 November 1989. Its 31 sections are divided as follows: Title (1-3); Prohibitions on driftnet fishing and related activities (4-12); Powers of enforcement officers, etc. (13-24); Proceedings for offences, etc. (25-31).
Section 3 contains a broad definition of driftnet fishing and is followed by an absolute prohibition on driftnet fishing in New Zealand fisheries waters and in the Convention Area (defined in section 2) (sects. 4 and 5). Furthermore, vessels are prohibited from having driftnets on board, from transporting or landing fish taken with driftnets, or from in any way assisting the operations of vessels engaged in driftnet fishing. Sections 8-11 prohibit (a) the landing or processing of fish taken with driftnets; (b) the visits of foreign vessels having driftnets aboard, or which have been engaged within the three preceeding months in driftnet fishing, in the internal waters of New Zealand; (c) the supply and provisioning of vessels engaged or to be engaged in driftnet fishing. Search, arrest and seizure are among the powers of enforcement officers. The provisions on offences include a strict liability offence for violations of sections 4-12 of the Act.
Section 3 contains a broad definition of driftnet fishing and is followed by an absolute prohibition on driftnet fishing in New Zealand fisheries waters and in the Convention Area (defined in section 2) (sects. 4 and 5). Furthermore, vessels are prohibited from having driftnets on board, from transporting or landing fish taken with driftnets, or from in any way assisting the operations of vessels engaged in driftnet fishing. Sections 8-11 prohibit (a) the landing or processing of fish taken with driftnets; (b) the visits of foreign vessels having driftnets aboard, or which have been engaged within the three preceeding months in driftnet fishing, in the internal waters of New Zealand; (c) the supply and provisioning of vessels engaged or to be engaged in driftnet fishing. Search, arrest and seizure are among the powers of enforcement officers. The provisions on offences include a strict liability offence for violations of sections 4-12 of the Act.
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Long title of text
An Act to prohibit driftnet fishing activities and to implement the Convention for the Prohibition of Fishing with Long Driftnets in the South Pacific.
Entry into force notes
This Act shall enter into force on 15 April 1991.
Notes
Last amendments up to Search and Surveillance Act 2012 (2012 No 24): sections 235–238. Reprinted as at 1 July 2013.This Act repeals the Exclusive Economic Zone (Driftnet) Regulations 1989 (SR 1989/197).
Repealed
No
Source language
English
Legislation Amendment
No