1: Title
This Act is the Appropriation (2004/05 Estimates) Act 2004. This Act was repealed 18 August 2007 12(1) Appropriation (2007/08 Estimates) Act 2007
2: Commencement
This Act comes into force on the day after the date on which it receives the Royal assent. This Act was repealed 18 August 2007 12(1) Appropriation (2007/08 Estimates) Act 2007
3: Application
This Act (except section 10 This Act was repealed 18 August 2007 12(1) Appropriation (2007/08 Estimates) Act 2007
4: Purpose
The purpose of this Act is to—
a: authorise the Crown to spend public money and to incur expenses and liabilities during the financial year ending with 30 June 2005 by appropriating public money, expenses, and liabilities for that financial year; and
b: authorise the Crown to spend public money and to incur expenses during the period of 3 financial years from 2004/05 to 2006/07 by appropriating public money and expenses in relation to the provision of funding to support and lift the capacity of regions in delivering economic development programmes and initiatives. This Act was repealed 18 August 2007 12(1) Appropriation (2007/08 Estimates) Act 2007
5: Interpretation
1: In this Act, unless the context otherwise requires,— security and intelligence department section 70A Public Finance Act 1989 shown in a Vote in the Estimates 2004/05 Vote Annual this year
2: In this Act, unless the context otherwise requires, benefit borrowing expenses capital contribution class of outputs cost Crown, department expenses financial year liability Mode B Office of Parliament other expenses outputs public money Vote section 2(1) Public Finance Act 1989 This Act was repealed 18 August 2007 12(1) Appropriation (2007/08 Estimates) Act 2007
6: Appropriations of public money
Sections 6 9 repealed 10 August 2005 Appropriation (2005/06 Estimates) Act 2005
7: Appropriations for expenses to be incurred
Sections 6 9 repealed 10 August 2005 Appropriation (2005/06 Estimates) Act 2005
8: Appropriations for liabilities to be incurred
Sections 6 9 repealed 10 August 2005 Appropriation (2005/06 Estimates) Act 2005
9: Appropriations administered by security and intelligence departments
Sections 6 9 repealed 10 August 2005 Appropriation (2005/06 Estimates) Act 2005
10: Appropriation applying to more than 1 financial year
1: Expenses may be incurred in relation to the category of other expenses specified in column 3 of Schedule 3
2: The expenses to which subsection (1)
3: Public money, including that spent under any Imprest Supply Act passed in relation to this year, may be spent for the purpose of meeting the expenses incurred under subsection (1)
4: The expenses to which subsection (1)
a: for the category of other expenses against which the amount of that expense is shown in column 5 of Schedule 3
b: during the period specified in column 4 of that schedule against that category of other expenses. This Act was repealed 18 August 2007 12(1) Appropriation (2007/08 Estimates) Act 2007
11: Classes of outputs (Mode B Net)
Section 11 repealed 10 August 2005 Appropriation (2005/06 Estimates) Act 2005
12: Classes of outputs subject to
section 32A Public Finance Act 1989
1: The classes of outputs that are subject to section 32A Public Finance Act 1989 Schedule 5
2: The Minister responsible for each Vote containing an appropriation for a class of outputs listed in Schedule 5 section 32A Public Finance Act 1989 This Act was repealed 18 August 2007 12(1) Appropriation (2007/08 Estimates) Act 2007
13: Repeals
Section 13 repealed 10 August 2005 Appropriation (2005/06 Estimates) Act 2005


1: Title
1: This Act is the Education (Export Education Levy) Amendment Act 2004.
2: In this Act, the Education Act 1989 the principal Act
2: Commencement
This Act comes into force on the day after the date on which it receives the Royal assent.
1: Amendments to principal Act
3: Export education levy
Section 238H(2)
4: Purpose and administration of export education levy
1: Section 238I(1)
ab: the making of payments as set out in subsections (1A) and (1B):
2: Section 238I
1A: Subsection (1B) applies if—
a: an international student is or was enrolled with a private training establishment for a course of study or training; and
b: at the time of the student's enrolment the private training establishment held a current registration under Part 18
c: the private training establishment has not, cannot, or will not provide, in whole or in part, the course of study or training.
1B: If this subsection applies, the funds of the levy may be used for any of the following:
a: to make payment to any person to ensure the reimbursement of the student, in whole or in part, for tuition fees or for any payment other than tuition fees made by or on behalf of that student to the private training establishment in respect of the student's course of study or training if, and to the extent that,—
i: the private training establishment has not refunded the tuition fees or other payment; and
ii: the agency responsible for the administration of the levy approves the reimbursement of the student as necessary and appropriate in the circumstances:
b: with the approval of the Minister, to reimburse the Crown for any sum provided by the Crown and paid to any person to ensure the reimbursement of the student, in whole or in part, for tuition fees or for any payment other than tuition fees made by or on behalf of that student to the private training establishment in respect of the student's course of study or training if, and to the extent that,—
i: the private training establishment had not refunded the tuition fees or other payment; and
ii: the agency responsible for the administration of the levy approved the reimbursement of the student as necessary and appropriate in the circumstances:
c: with the approval of the Minister, to reimburse, in whole or in part, the agency responsible for the administration of the levy, or any Crown entity, for—
i: costs incurred by that agency or Crown entity in placing the student with an alternative provider; or
ii: other costs incurred by that agency or Crown entity as a direct result of the private training establishment not providing the course of study or training.
2: Validation
5: Validation of imposition, collection, and use of export education levy
1: The Education (Export Education Levy) Regulations 2002
2: The collection of the levy under the Education (Export Education Levy) Regulations 2002
6: Use of export education levy
Any funds of the levy that are unspent on the day that this Act comes into force may be used in accordance with the purposes specified in section 238I of the Education Act 1989 (as amended by this Act).


Fisheries Amendment Act (No 3) 2004

1: Title
1: This Act is the Fisheries Amendment Act (No 3) 2004.
2: In this Act, other than Part 2 Fisheries Act 1996 the principal Act
2: Commencement
1: This Act comes into force on 1 October 2004, except for sections 37(3) 59
2: Sections 37(3) 59
1: Amendments to principal Act
3: Interpretation
1: Section 2(1) authorised stock
2: Section 2(1) commercial fisher commercial fisher
a: means a person who holds a fishing permit issued under section 91
b: for the purposes of sections 72 and 75
i: a person who holds a high seas fishing permit; and
ii: a person using a New Zealand ship who, in the judgment of the chief executive, holds a valid authority from a foreign country to take highly migratory species in the national fisheries jurisdiction of that foreign country .
3: Section 2(1) freshwater eel green-lipped mussel Perna canaliculus .
4: Section 2(1) High Seas Permit Register highly migratory species Schedule 4B .
5: Section 2(1) individual catch entitlement
6: Section 2(1) internal waters of New Zealand international fisheries organisation section 113B international fisheries organisation management measure international conservation and management measures section 113B .
7: Section 2(1) Permit Register port
a: means any area of land and water intended or designed to be used either wholly or partly for the berthing, unloading, departure, movement, and servicing of vessels:
b: includes any anchorage, roadstead, pilot station, haven or estuary, navigable lake or river, wharf, dock, pier, jetty, or dry dock used or capable of being used for such purposes .
8: Section 2(1) tender tender
a: is carried by or attached to a fishing vessel and used or intended to be used for taking fish, aquatic life, or seaweed for sale in conjunction with the fishing vessel; and
b: is not longer than the greater of—
i: 6 metres; or
ii: 50% of the overall length of the fishing vessel it is carried by or attached to .
9: Section 2
4: The Governor-General may, by Order in Council,—
a: add to Schedule 4B
b: omit from that Schedule the name of any species or stock if the criteria set out in paragraph (a)
4: Alternative total allowable catch for stock specified in
Schedule 3
1: Section 14(8)(b)(ii) catch limit national allocation
2: Section 14(8)(b) subparagraph (iii) ; or
iv: the stock comprises 1 or more highly migratory species.
5: New headings and sections substituted
The principal Act is amended by repealing sections 17 18 section 17 Application of this Part
17: Application of Part generally
1: This Part applies to every stock made subject to the quota management system by—
a: a declaration by the Minister by notice under section 18 section 5 of the Fisheries Amendment Act (No 3) 2004
b: any provision of this Act or any other Act.
2: This Part does not apply to fishing authorised by a foreign fishing licence issued under Part 5
3: For the purposes of subsection (1) Part 2A of the Fisheries Act 1983 section 18
17A: Highly migratory species taken outside New Zealand fisheries waters
1: This section applies in relation to any stock of a highly migratory species (the relevant stock
a: is subject to the quota management system in any area outside New Zealand fisheries waters; and
b: is taken in that area by an operator who is a New Zealand national using a New Zealand ship outside New Zealand fisheries waters.
2: Except as otherwise expressly provided in subsection (3)
3: This section does not apply to fish taken from a relevant stock if the commercial fisher concerned can prove to the satisfaction of the chief executive that the amount of fish concerned was taken under the authority of, and, where national allocations for the species exist, against the national allocation of, another state that has agreed to comply with all international fisheries organisation management measures for the species concerned to which New Zealand has agreed.
4: In any case where New Zealand law conflicts with the laws of a state in whose jurisdiction any relevant stock was taken, the laws of that other state prevail over New Zealand law.
5: Subsection (4) Part 10 Declaration of quota management system
17B: Determination that stock or species be subject to quota management system
1: The Minister must make a determination under subsection (2)
a: is not ensuring the sustainability of the stock or species; or
b: is not providing for the utilisation of the stock or species.
2: The Minister must determine to make the stock or species concerned subject to the quota management system, unless he or she determines that the purpose of this Act would be better met by setting one or more sustainability measures under section 11 section 13 or section 14
3: Before determining whether the criteria in subsection (1)(a) or (b) subsection (2)
4: As soon as practicable after making a determination under subsection (2) subsection (3)
5: In the case of a stock or species listed in Schedule 4C
a: the Minister may make a determination under subsection (2) subsection (1)
b: if the Minister determines not to make the stock or species concerned subject to the quota management system,—
i: the Minister must notify that fact in the Gazette
ii: from the date of that notification, the moratorium on the issue of fishing permits for that stock or species under section 93
iii: the stock or species concerned must be removed from Schedule 4C Schedule 4C
6: Despite subsection (2)
a: a national allocation to New Zealand by an international fisheries organisation in relation to that stock; or
b: any other management measures to which New Zealand has agreed, made by an international fisheries organisation in relation to that stock.
7: The Minister must consult the Minister of Conservation before making a determination under this section in respect of any stock or species that is both—
a: listed in Schedule 4C
b: listed in any of the appendices to the Convention on International Trade in Endangered Species of Wild Flora and Fauna.
18: Declaration that new stock subject to quota management system
If the Minister determines under section 17B
6: Matters to be included in notice under
section 18
1: Section 19 subsection (2)
2A: In the case of a stock or species listed in Schedule 4C
2: Section 19(8)
7: New heading and sections inserted
The principal Act is amended by inserting, before the heading Provisional catch history section 30 Basis for allocation of quota
29A: Basis for allocation of quota
1: Except as provided in this section, quota must be allocated in accordance with section 29B
2: Quota for the following stocks must be allocated on the basis of provisional catch history:
a: any stock or species listed in Schedule 4C Gazette section 17B(5)(b)
b: any stock or species listed in Schedule 4D
c: tuna inside New Zealand fisheries waters:
d: highly migratory species outside New Zealand fisheries waters.
29B: Allocation to Crown and Commission
1: After the Minister has declared a stock to be subject to the quota management system (other than a stock specified in section 29A(2)
a: allocate 80000000 quota shares to the Crown; and
b: in accordance with section 44
2: The allocation takes effect on the first day of the fishing year in respect of which the stock becomes a quota management stock.
8: Section 30 Section 30
9: Section 31 Section 31
10: Criteria of eligibility to receive provisional catch history for quota management stock
1: Section 32(1)
a: by omitting the words but the stock was not, immediately before the date of the publication of the notice, controlled by means of individual catch entitlements,
b: by repealing subparagraph (i)
2: Section 32(1)(a) subparagraph (iii)
iii: in the case of any highly migratory species outside New Zealand fisheries waters or tuna inside New Zealand fisheries waters, at any time during any applicable qualifying year,—
A: held a fishing permit or high seas fishing permit issued under section 63 of the Fisheries Act 1983 section 91 or section 113H of this Act
B: in the judgment of the chief executive, held a valid authority to take the stock using a New Zealand ship in the national fisheries jurisdiction of a foreign country; or.
3: Section 32 subsection (2)
2: For the purposes of this Part, an eligible return
a: means a lawfully completed catch landing return or a catch, effort, and landing return as referred to in the Fisheries (Reporting) Regulations 2001 Fisheries (Reporting) Regulations 1990
i: in the case of any stock referred to in subparagraph (ii) or subparagraph (iii) of subsection (1)(a)
ii: in any other case, was given to the chief executive on or before 15 October 1994:
b: includes, in relation to any highly migratory species, any lawfully completed return that—
i: is of a kind required by or under section 113K section 297(1)(ha)
ii: was given to the chief executive on or before the 15th day after the close of each applicable qualifying year, or on or before such later date as may be specified for the purpose by regulations made under section 297(1)(ha)
11: Application of
Part 4 Section 32A
4: In this section, fishing permit section 113H
12: Section 32B Section 32B
13: Calculation of provisional catch history
1: Section 34(1)(a) section 33(a) section 33(a)(i)
2: Section 34(1)(b) If Subject to subsection (1A)
3: Section 34 subsection (1)
1A: Despite subsection (1)(b)
a: must be calculated in the prescribed manner (if any) in accordance with regulations made under section 297(1)(hb)
b: subject to paragraph (a)
4: Section 34(2)(b) southern bluefin tuna highly migratory species
14: Notification of eligibility to receive provisional catch history
1: Section 35(1)
a: by omitting from paragraph (c) section 33(a) section 33(a)(i)
b: by inserting in paragraph (d) If paragraph (a)(ii)
2: Section 35 subsection (3)
3: Within 10 working days after the date specified in subsection (2)(e)
a: that provisional catch history has been allocated for the stock; and
b: the location where information on the criteria of eligibility for an allocation of provisional catch history and quota can be found; and
c: the location where information on the process for notifying the chief executive of an objection to the non-allocation of provisional catch history can be found; and
d: the date by which a person to whom subsection (5)
3: Section 35(4)(b) If paragraph (b) or paragraph (c) of section 33 of this Act
4: Section 35(6)
15: Sections 38 to 41 Sections 38 to 41 section 39
16: Commission entitled to 20 percent of total new quota
Section 44
a: by omitting from subsection (2) Subject to subsection (3)
b: by inserting in subsection (2) is allocated under section 29B
c: by repealing subsection (3)
17: Criteria of eligibility to receive quota
Section 45(a) subparagraph (i)
i: a holder of a fishing permit or a high seas fishing permit (or, in the judgment of the chief executive, a person holding a valid authority to fish in the national fisheries jurisdiction of a foreign country; or .
18: Withholding of quota for non-payment of cost recovery levies or deemed values
Section 46 fishing permit or high seas fishing permit
19: Allocation of quota on basis of provisional catch history
1: Section 47(1)
a: by omitting the words Subject to sections 50A to 50G
b: by omitting the words section 43 of this Act section 43 subsection (1A) of this section
2: Section 47 subsection (1)
1A: If the total allowable commercial catch for a stock is equal to zero, then the amount of provisional individual transferable quota or individual transferable quota to be allocated under subsection (1) subsection (1)(b)
20: Notification of allocation of quota
Section 48(2)
21: Unallocated total allowable commercial catch to be held by the Crown
Section 49(1) paragraph (b)
b: if no appeals under section 51
22: New section inserted
The principal Act is amended by inserting, after section 49
49A: Surrender of quota to Crown
Any owner of quota who does not also hold any fishing permit, high seas fishing permit, licence, vessel registration, or approval under this Act may, if the quota is not subject to any caveat, mortgage, or other interest registered on the quota register, surrender that quota to the Crown.
23: Sections relating to
Schedule 4
1: Sections 50A to 50G section 50A
2: Despite subsection (1) sections 50A to 50G
24: Rights of appeal
1: Section 51(1)
a: by omitting the words or section 41
b: by repealing paragraph (a)
c: by omitting from paragraph (b) other subparagraph (i)
d: by inserting in subparagraphs (i) (iv) fishing permit or high seas fishing permit (or authorisation referred to in section 45(a)(i)
2: Section 51(2)
a: by omitting the words or section 41(1)(b)
b: by omitting the words or section 39(1)(b)
25: Effect of decision to alter provisional catch history
1: Section 52(1) paragraph (c) ; or paragraph (b)
2: Section 52(4)
a: by omitting the words or in which a dispute about the transfer of relevant provisional catch history under section 38 of this Act
b: by repealing paragraph (c) ; and paragraph (b)
3: Section 52(4A) subsections (3)(d) and (4)(c) subsection (3)(d)
26: Calculation of entitlement to quota following appeal
Section 53(3)
27: Determination or order not to affect quota allocated to commission
Section 55(b) whether the order relates to an appeal from the Committee in respect of a transfer dispute or where the order
28: Minister to create additional annual catch entitlement if total allowable catch increased during fishing year
1: Section 68(2) subsection (3) subsections (2A), (2B), and (3)
2: Section 68 subsection (2)
2A: Where—
a: an increase in the total allowable catch for a highly migratory species is a result of an agreement, consistent with the rules or procedures established by the relevant international fisheries organisation, between New Zealand and another member of the international fisheries organisation; and
b: the Minister is satisfied that the basis for the increase in the total allowable catch justifies a different allocation mechanism,— the Minister may determine how the additional annual catch entitlement is to be allocated in a manner different to that specified in subsection (2)
2B: The chief executive must allocate the additional catch entitlement in accordance with any determination of the Minister under subsection (2A)
3: Section 68(3) subsection (2) or subsections (2A) and (2B)
29: Minister to set deemed value rates
Section 75(1) until unless
30: Catch to be counted against catch entitlement
Section 76 subsection (1)
1: In this section and sections 78, 79, and 80 commercial fisher
a: held a fishing permit or a high seas fishing permit; or
b: was a person using a New Zealand ship who, in the judgment of the chief executive, held a valid authority to fish against New Zealand's national allocation of highly migratory species in the national fisheries jurisdiction of a foreign country.
31: Catch in excess of over-fishing thresholds
Section 78(2) subsection (10) subsection (11)
32: Calculation of foreign allowable catch
1: Section 81(1) paragraphs (a) (c) each a
2: Section 81 subsection (3)
3: For the purposes of subsection (2)(b)
a: is generated from unencumbered quota held by the Crown; and
b: remains unsold after the Crown has offered the annual catch entitlement for sale to persons entitled to own quota.
3: Section 81
7: Nothing in this section applies in relation to any highly migratory species.
33: Apportionment of foreign allowable catch for foreign fishing vessels
Section 82(1) of any stock (other than any highly migratory species)
34: Issue of licences
Section 83 subsection (2)
2A: In the case of an application to fish for any highly migratory species, the Minister may issue a licence under subsection (2)
35: All fishing to be authorised by fishing permit unless specific exemption held
Section 89 subsections (2A) (2B)
2A: Despite subsection (1) Schedule 4C
36: Issue of fishing permit
Section 91 subsection (3)
3: A fishing permit authorises the taking of—
a: any stocks that are subject to the quota management system; and
b: any stocks or species that are neither subject to the quota management system nor listed in Schedule 4C
c: any stocks or species listed in Schedule 4C
37: Fishing permit may be subject to conditions
1: Section 92 subsection (1)
1: A fishing permit must—
a: state that it authorises the taking of—
i: stocks that are subject to the quota management system; and
ii: stocks or species that are neither subject to the quota management system nor listed in Schedule 4C
b: list those stocks or species listed in Schedule 4C
1A: A fishing permit may be subject to any conditions that the chief executive considers appropriate, including—
a: conditions relating to—
i: areas or methods:
ii: the use or non-use of vessels, and the specific vessel (if any) that may be used:
iii: types and amounts of fishing gear:
iv: the taking or handling of fish, aquatic life, or seaweed:
v: places where fish, aquatic life, or seaweed may be landed:
vi: periods of time within which the permit holder may take fish, aquatic life, or seaweed:
b: conditions that the chief executive may impose under section 78(6)
2: Every fishing permit issued before 1 October 2004 (other than a replacement permit issued under subsection (3)
3: The chief executive must, as soon as practicable and without need for application or payment of a fee, issue a replacement fishing permit for any existing fishing permit due to expire under subsection (2)
a: states the matters referred to in section 92(1) subsection (1)
b: except to the extent that they may no longer be applicable on and after 1 October 2004, repeats the conditions imposed under the existing permit.
4: Subsection (3)
38: Qualifications for holding fishing permit and moratorium
1: Section 93(1) for the time being not subject to the quota management system under this Act of a stock or species listed in Schedule 4C
2: Section 93(2) stock that is for the time being not subject to the quota management system under this Act or Part 2A of the Fisheries Act 1983 stock or species listed in Schedule 4C
39: Powers of high seas fishery inspectors in relation to foreign vessels
Section 113S(1)(b) subparagraph (ii)
ii: a member of or participant in that organisation or arrangement, and that organisation or arrangement has established boarding and inspection procedures as provided in Article 21
40: Persons on New Zealand ships to co-operate with foreign high seas inspectors
1: Section 113W(1) paragraph (c) and paragraph (b)
2: Section 113W(2) paragraph (b)
ba: New Zealand is a member of the organisation or arrangement; and .
41: Visits by foreign ships
1: Section 113ZD subsections (1) (2)(a) internal waters or a port
2: Section 113ZD(2) paragraph (b)
b: if it has entered the internal waters or a port of New Zealand, to leave those waters or that port.
3: Section 113ZD subsections (3) (4) internal waters or a port
4: Section 113ZD subsection (5)
5: This section does not prevent a vessel from entering or remaining in the internal waters or a port of New Zealand in the case of force majeure
42: New section substituted
The principal Act is amended by repealing section 153
153: Effect of decrease in quota shares
1: This section applies where—
a: either—
i: a transfer of quota shares in any stock to any person holding preferential allocation rights under section 23
ii: any determination of an appeal under section 51 section 52
b: as a result of the deduction, the number of quota shares in that stock held by the owner is less than the total number of quota shares in that stock subject to a mortgage or caveat immediately before the deduction.
2: Where a deduction referred to in subsection (1)(a)(i) subsection (4)
3: If any quota owner, or the chief executive, has appealed under section 51 of this Act
a: all provisional individual transferable quota for the relevant stock owned by that quota owner must, at the chief executive's direction, be transferred to the Crown in accordance with section 52
b: if any provisional individual transferable quota shares so transferred were subject to a mortgage or caveat, the mortgage or caveat ceases to apply to the transferred provisional individual transferable quota shares, and instead applies to the same number of individual transferable quota shares transferred to that quota owner under section 52
c: if, as a result of such transfers, the number of individual transferable quota shares in the relevant stock owned by the quota owner is less than the number of provisional individual transferable quota shares that were subject to the mortgage or caveat and there are one or more mortgages or caveats registered over the provisional individual transferable quota shares owned by the quota owner, then the number of shares secured by any one or more of those mortgages or caveats must be reduced in the manner prescribed by regulations made under this Act in accordance with the quota share reduction principles set out in subsection (4)
4: The quota share reduction principles referred to in subsections (2) and (3)(c)
a: the total number of shares subject to any individual caveat may not exceed the total number of shares owned by the quota owner concerned:
b: the total number of shares subject to all caveats may exceed the total number of shares owned by the quota owner:
c: where quota shares subject to caveats must be reduced, they must be reduced to equal the number of shares owned by the quota owner:
d: the total number of shares subject to all mortgages may not exceed the total number of shares owned by the quota owner concerned:
e: the total number of shares subject to all mortgages and caveats that were registered prior to the last registered mortgage may not exceed the total number of shares owned by the quota owner:
f: where quota shares subject to mortgages must be reduced, the shares subject to the most recently registered mortgage must be reduced first, and the shares subject to any earlier registered mortgage may only be reduced after the first-mentioned mortgage has had its security eliminated completely by the reduction.
5: The chief executive must make on the register any entry necessary to show that the quota has been transferred in accordance with section 23 or section 52
43: Chief executive may transfer quota or annual catch entitlement
Section 163(1)(b) of this Act or the resolution of any dispute under section 38 of this Act
44: New section inserted
The principal Act is amended by inserting, after section 188
188A: Spat ratio
1: For the purpose of determining spat catch in circumstances where spat can only practically be harvested when attached to another species or kind of fish, aquatic life, or seaweed, the chief executive may, by notice in the Gazette
2: Before setting a spat ratio, the chief executive must consult with such bodies or persons as the chief executive considers appropriate in the circumstances.
3: Except as otherwise provided in the notice, the ratio set by the notice must for all purposes (including any proceedings for an offence against this Act or any regulations made under this Act) be used to determine—
a: the weight or quantity of spat taken or landed with the other species or kind of fish, aquatic life, or seaweed; and
b: if appropriate, the weight or quantity of the other species or kind of fish, aquatic life, or seaweed.
45: Issue of warrants and conferral of powers
1: Section 198(1)(b)(iii) The species if appropriate, the species
2: Section 198 subsection (1)
1A: Except as otherwise specified in the warrant, a warrant issued to an honorary fishery officer under subsection (1)(b)
46: Power of arrest
Section 203(2) supply to that fishery officer the person's full legal name, any other name by which the person is commonly known, and the person's date of birth, actual place of residence, and occupation.
47: Penalties
1: Section 252(5)(ha) 186A(8) or section 186B(7)
2: Section 252(6)(c) 186A(8) or section 186B(7)
48: Forfeiture where person liable to pay fine up to $100,000
Section 255B
a: by omitting from the section heading the words fine up to $100,000 fine exceeding $10,000 but less than $100,000
b: by omitting from subsection (1)(d) a fine exceeding $10,000 but not exceeding $100,000 a maximum fine exceeding $10,000 but less than $100,000
49: Forfeiture for
section 252(2) (3) (5)
1: Section 255C(1)(b) a fine of $100,000 a maximum fine of $100,000
2: Section 255C
4: Subsection (2)
a: any foreign flagged vessel in respect of an offence committed outside New Zealand fisheries waters; or
b: any fish on board or property associated with such a vessel in respect of such an offence.
50: Provisions relating to forfeit property
Section 256 subsection (2)
2: Where—
a: the forfeiture occurs under any of sections 255B to 255D
b: the forfeit property has a total estimated value of $200 or more,— the chief executive must, within 10 working days after the date of the forfeiture, publicly notify the details of the forfeit property, and the right of any person to apply to the court for relief from the effects of forfeiture.
51: Infringement notices
Section 260B subsection (1)
1A: Every infringement offence reminder notice must be in an approved form, and must include the same particulars, or substantially the same particulars, as the infringement notice.
52: Use of outside agencies in performance of functions under Act
Section 294 subsection (4)
4A: The chief executive may, after consultation with the Minister and the other party to the arrangement or contract, amend or revoke contract standards and contract specifications set under subsection (4)
53: Notification of appointments and places for provision of information
Section 295 subsections (2) (3) properly
54: New section inserted
The principal Act is amended by inserting, after section 296Z
296ZAA: Suspension of permit and refusal of services for non-payment of fees
1: The chief executive may, by notice in writing, after giving a person prior notice in writing of the chief executive's intention to do so, suspend a fishing permit or licence held by the person or refuse to accept for registration any caveat, mortgage, transfer of annual catch entitlement, or transfer of quota shares, or refuse to accept any application for vessel registration or application for the registration of an automatic location communicator, if—
a: the person is liable to pay any fee charged under section 296Z
b: the person has not paid the fee in full within 2 months after the date on which payment of the fee became due, or within the time allowed under an arrangement with the chief executive, as the case may be.
2: The chief executive may suspend a fishing permit or licence or refuse to provide the services specified in subsection (1)
3: If the person holds 2 or more fishing permits or licences, the chief executive may suspend such of the permits or licences as he or she considers appropriate.
4: A fishing permit or licence suspended under this section has no effect during the period of the suspension.
5: Any application for registration of a caveat, mortgage, transfer of annual catch entitlement, or transfer of quota shares, and any application for vessel registration or for the registration of an automatic location communicator is not effective during the period of suspension.
6: The chief executive must lift a suspension imposed under this section or provide the services that have been refused under this section—
a: if the outstanding fee is paid to the chief executive; or
b: the chief executive and the person liable to pay the outstanding amount of the fee enter into an arrangement for repayment of that amount.
7: A court may at any time, on application by the holder of a fishing permit or licence that has been suspended under this section or a person to whom the services specified in subsection (1)
55: General regulations
1: Section 297(1)(b)
2: Section 297(1) paragraph (h)
ha: recognising, for the purposes of section 32(2)(b)
hb: providing for the method of calculating provisional catch history for any highly migratory species to ensure consistency with the method used by an international fisheries organisation in determining New Zealand's national allocation for that species: .
3: Section 297(1)(nb) infringement notices and infringement offence reminder notices
56: Certain notices to have status of regulations
Section 303 subsection (2)
2: Subsection (1) sections 11, 13, 14, 16, 20, 56, 60, 175, 188, 283, 295, 296P, 307, 341, 350, 368, and 369
57: Protection of Crown, etc
1: Section 308(2) paragraph (b)
ba: any provision of this Act providing or having the effect that catch history ceases to be the basis for quota allocation for any stock or species; or .
2: Section 308(2)(c)
a: by inserting, after the expression 26, 29A,
b: by omitting the expression 38
c: by omitting the expression and 369F 369F, and 369T
58: Allocation of quota
Section 363(1) 38,
59: New headings and sections inserted
1: The principal Act is amended by inserting, after section 369R Introduction of green-lipped mussel in quota management area 9 into quota management system
369S: Green-lipped mussel in quota management area 9 subject to quota management system
1: On 1 October 2004 green-lipped mussel in quota management area 9 become subject to the quota management system under Part 4
2: The fishing year for green-lipped mussel in quota management area 9 is the 12-month period commencing on 1 October.
3: The total allowable commercial catch and annual catch entitlement for green-lipped mussel in quota management area 9 are to be expressed in greenweight.
4: In this section, the reference to quota management area 9 is a reference to the fishery management area 9 described in Part 1 of Schedule 1
5: Each person named in the first column of Schedule 15 Allocation of quota for pipi in quota management area 1A
369T: Allocation of quota for pipi in quota management area 1A
1: In this section, the reference to pipi in quota management area 1A is a reference to pipi in the quota management area described in Schedule 4 of the Fisheries (Declaration of New Stocks Subject to Quota Management System) Notice (No 2) 2003
2: Each person named in the first column of Schedule 16
3: Despite any other enactment, no person is entitled to be allocated individual transferable quota for pipi in quota management area 1A unless the allocation is authorised by this section.
4: Notwithstanding anything in this Act, any—
a: allocation of provisional catch history of pipi in quota management area 1A; or
b: transfer of provisional catch history of pipi in quota management area 1A; or
c: decision on eligibility to receive provisional catch history or eligibility to receive quota of pipi in quota management area 1A; or
d: appeal to the Catch History Review Committee of pipi in respect of quota management area 1A— made or done before the commencement of the section is deemed to be of no effect.
2: As soon as practicable after the date on which this subsection comes into force, the chief executive must notify every person named in Schedule 15 16
3: The Fisheries (Declaration of New Stocks Subject to Quota Management System) Notice (No 2) 2003
a: by omitting from clause 4(1) , except as provided in subclause (2)
b: by revoking clause 4(2)
c: by omitting from the second, third, and fourth columns of the item relating to green-lipped mussel in Schedule 1
60: Repeal of spent transitional provisions
Sections 317 332 to 337 339 340 340AA 340A 342 to 344 347A 349 to 352 354 to 356 358A 361 362 365 369G 369H 369J 369K
61: New schedules substituted
The principal Act is amended by repealing Schedule 4 4A Schedule 1
62: Schedule 9A Schedule 9A Spiny dogfish SPD1 4 297 Spiny dogfish SPD3 62 229 Spiny dogfish SPD4 17 160 Spiny dogfish SPD5 56 634 Spiny dogfish SPD7 20 341 Spiny dogfish SPD8 3 284
63: New
Schedules 15 16 The principal Act is amended by adding the Schedules 15 and 16 set out in Schedule 2
64: Fisheries Amendment Act 2004 Section 12 Fisheries Amendment Act 2004 subsection (2)
2: The Governor-General may, by Order in Council,—
a: amend Schedule 9A of the principal Act
b: where any settlement sum allocated under that schedule is allocated to a species generally rather than one or more stocks in specified quota management areas, on the advice of the Minister given after having regard to the total allowable commercial catch fixed for each quota management area, amend that schedule to allocate the settlement sum between different stocks of that species in different quota management areas:
c: amend that schedule to reflect the remaining balance of all or any settlement sums remaining as at a specified date.
3: An Order in Council made under subsection (2) Schedule 9A of the principal Act
65: Regulations amended
1: The Fisheries (Commercial Fishing) Regulations 2001 Part 5 5
2: The Schedule Fisheries (Declaration of New Stocks Subject to Quota Management System) Notice (No 3) 2003 the high seas and any other waters outside New Zealand fisheries waters
3: All consultations, decisions, and other actions taken by the Minister or the chief executive before the commencement of this section in preparation for or otherwise in relation to bringing southern bluefin tuna into the quota management system are, notwithstanding that they may have been taken in relation only to the high seas parts of any waters beyond New Zealand fisheries waters, to be treated as equally validly done and to apply in relation to all waters outside New Zealand fisheries waters.
66: Regulations revoked
The Fisheries (Allocation of Individual Catch Entitlement) Regulations 1999 (SR 1999/24) Saving of individual catch entitlement as basis for allocation of provisional catch history for certain seaweed stocks
67: Retention of individual catch entitlement provisions for certain seaweeds
1: This section applies in respect of the following seaweed stocks (the relevant stocks
a: bull kelp ( Durvillea
b: bladder kelp ( Macrocystis pyrifera
c: porphyra ( Porphyra
2: Despite anything in Part 1
3: For this purpose, the principal Act must be read as if—
a: the definition of individual catch entitlement section 2(1) section 3(5)
b: section 31 section 8 section 29A section 7
c: section 32(1) section 10(1)
d: sections 39 to 41 section 15
e: section 51 section 24
f: section 92(1A)(a)(i) section 37
4: The fishstock codes used in subsection (1) Parts 1 2 Fisheries (Reporting) Regulations 2001
2: Amendments to
Fisheries Act 1983
68: Fisheries Act 1983 In this Part, the Fisheries Act 1983 the principal Act
69: Authority to catch spat
Section 67Q
2: A spat catching permit may only be granted—
a: where exclusive occupation of space is required; and
b: to the holder of—
i: a coastal permit relating to the spat catching activity (not being a coastal permit to which section 150E(3) or (6) of the Resource Management Act 1991
ii: a certificate of compliance relating to the spat catching activity; or
iii: a marine farming licence or lease for that site.
70: Revocation of certain spat catching permits
All spat catching permits issued under section 67Q(2) section 69
a: were issued for waters adjacent to Ninety Mile Beach in fishery management area 9; and
b: are not permits of a kind that require or envisage the exclusive occupation of space or structures— are revoked.


1: Title
1: This Act is the Resource Management (Waitaki Catchment) Amendment Act 2004.
2: In this Act, the Resource Management Act 1991 the principal Act
1: Preliminary provisions
2: Commencement
This Act comes into force on the day after the date on which it receives the Royal assent.
3: Purpose
The purpose of this Act is to require the allocation of water in the Waitaki catchment on a basis consistent with the purpose and principles of the principal Act and, to this end,—
a: to establish the Waitaki Catchment Water Allocation Board; and
b: to require the Board to develop and approve a regional plan for water allocation that is—
i: to have effect as if it were a regional plan developed and approved under the principal Act by the Canterbury Regional Council; and
ii: to provide expressly for certain matters; and
c: to defer the hearing of certain applications for resource consents relating to the Waitaki catchment until the regional plan for the allocation of water is operative.
4: Interpretation
1: In this Act, unless the context otherwise requires,— Board section 5 regional plan Part 3 Waitaki catchment
a: means the area of land bounded by watersheds draining into the Waitaki River; and
b: includes aquifers wholly or partially within that area of land Waitaki River
2: Terms and expressions used but not defined in this Act have the same meaning as in the principal Act.
2: Waitaki Catchment Water Allocation Board
5: Establishment of Board
1: This section establishes the Waitaki Catchment Water Allocation Board.
2: The Board is a body corporate.
3: The Board continues in existence until dissolved in accordance with section 11
6: Function of Board
1: The function of the Board is to develop and approve a regional plan in accordance with Part 3
2: The Board must complete its function within 12 months after—
a: the day on which all the members of the Board are appointed; or
b: if all the members of the Board are not appointed on the same day, the day by which 3 members are appointed.
7: Powers of Board
1: For the purpose of carrying out its function, the Board has—
a: full capacity to carry on or undertake any activity, do any act, or enter into any transaction; and
b: for the purposes of paragraph (a)
2: Subsection (1)
8: Membership of Board
1: The Board comprises not fewer than 3 and not more than 7 members appointed by the Minister.
2: In appointing members to the Board, the Minister must have regard to the need among the members of the Board for knowledge, skill, and experience in relation to—
a: the Resource Management Act 1991
b: matters likely to come before the Board about water allocation and river ecology; and
c: the Waitaki catchment; and
d: tikanga Maori (Ngai Tahu customary values and practice); and
e: in the case of the chairperson of the Board, judicial processes.
3: The chairperson of the Board is the member appointed by the Minister to be the chairperson.
4: The deputy chairperson of the Board is the member appointed by the Minister to be the deputy chairperson.
5: A member may be removed from office at any time by the Minister, by notice in writing, for inability to perform the functions of office, legal incapacity, bankruptcy, neglect of duty, or misconduct proved to the satisfaction of the Minister.
6: A member of the Board may resign by notice in writing to the Minister.
9: Minister may arrange for work to be done for, or supply information to, Board
The Minister may, to assist the Board in carrying out its functions,—
a: arrange for work to be done for the Board:
b: supply any information to the Board.
10: Further provisions applying to Board
The provisions set out in Schedule 1
11: Dissolution of Board
1: The Board is dissolved on such date as may be specified by the Governor-General by Order in Council.
2: An Order in Council may not be made under subsection (1) Amendment to Official Information Act 1982
12: Official Information Act 1982 The Official Information Act 1982 Schedule 1 Waitaki Catchment Water Allocation Board .
3: Regional plan for allocation of water in Waitaki catchment
13: Regional plan for allocation of water
In carrying out its function under section 6
a: water that is or may be taken from, or used in, the Waitaki catchment in accordance with section 14(3)(b) (e)
b: water to sustain the intrinsic values and amenity values that the Board identifies and determines should be sustained in the Waitaki River and associated beds, banks, margins, tributaries, islands, lakes, wetlands, and aquifers; and
c: the allocation of water to activities, as appropriate; and
d: the management of allocated water, including methods that provide for dealing with periods of time or seasons when the level or flow of water is low.
14: Status of regional plan
1: The regional plan developed and approved under this Part, when it is operative in accordance with section 27
a: is the Canterbury regional plan for the allocation of water in that part of the Waitaki catchment that is within the Canterbury region; and
b: may be reviewed and changed by the Canterbury Regional Council in accordance with the provisions of the principal Act, but not sooner than 2 years from the date when the regional plan referred to in this subsection becomes operative.
2: All the provisions of the principal Act that apply to regional plans apply to the regional plan referred to in subsection (1)
3: Subsection (2) Other regional plans
15: Other regional plans of Canterbury Regional Council
When the regional plan developed and approved under this Part is operative in accordance with section 27
a: in a manner that is consistent with the regional plan developed and approved under this Part; and
b: provided the plan does not deal with the allocation of water in the Waitaki catchment.
16: Otago Regional Water Plan
1: The Board may change the Otago Regional Water Plan as it relates to the Waitaki catchment as necessary to ensure that the Otago Regional Water Plan gives effect to the regional plan developed and approved under this Part.
2: A change made to the Otago Regional Water Plan under subsection (1)
3: The Otago Regional Water Plan may be reviewed and changed by the Otago Regional Council in accordance with the provisions of the principal Act.
1: Development of regional plan
17: Development of regional plan by Board
1: The Board must develop and approve a regional plan in accordance with this Part.
2: For the purposes of subsection (1) Matters relevant to the regional plan
18: Application of principal Act to development, contents, and approval of regional plan
1: The principal Act, including the provisions of Part 2
2: Except as provided in subsection (3)
a: section 37(1)(a) 5
b: Resource Management (Energy and Climate Change) Amendment Act 2004
3: Sections 63(1) 66(2A) 67(1) (2)(a) 68(1) (2) (3) (5) (7) 69 70 77A to 77D Evaluation
19: Evaluation of policies, rules, and other methods
1: The Board must, during the development of the proposed regional plan under this subpart, examine the policies, rules, and other methods of that plan in accordance with the requirements of section 32(3)(a) (b) (4)
2: The Board must include in that plan its reasons for adopting in that plan the policies, rules, and other methods.
2: Procedures
20: Procedures for development and approval of regional plan by Board
1: Schedule 1
2: However, clauses 3(1) (2) 5(1) (1C) to (5) 7(1)(a) (b) 10(2) (3) 11 16(2) 16A to 17 subsection (1)
21: Information requirements of Board
1: The Board may, for the purpose of performing its function under this Act,—
a: require reports to be provided to it on any matter relevant to the development of the regional plan under this Part; and
b: require information to be provided to it in relation to an existing permit relating to the Waitaki catchment or an application listed in Schedule 2
i: the holder of a water permit or associated resource consent:
ii: an applicant for a water permit or associated resource consent:
iii: a requiring authority that has issued a notice of requirement for a designation; and
c: require information or assistance to be given to it on any matter relevant to the development of the regional plan referred to in paragraph (a)
i: the Canterbury Regional Council:
ii: the Otago Regional Council:
iii: any territorial authority within the Canterbury or Otago regions.
2: The Board may, in exercising its function under this Act, have regard to any relevant information it receives (whether the information is prepared before or after the commencement of this Act), including any submissions made in relation to an application listed in Schedule 2
3: If the Board requires new information or assistance from a local authority under subsection (1)(c)
22: Disclosure of information
The Board must, 5 working days before the hearing held under section 24
a: where the reports may be inspected; and
b: where copies may be obtained on payment of the fee (if any) specified in the notice.
23: Submissions
1: Any person may make a submission to the Board on the regional plan developed under this Part, after its public notification under clause 5
2: A submission made under subsection (1)
24: Board must hear submissions
1: The Board must hold a hearing into submissions made under section 23
2: The hearing must be held in public, except to the extent that there is evidence or information to which section 42(1)
3: In conducting the hearing, the Board—
a: must keep a written record of the hearing; and
b: may allow cross-examination of witnesses; and
c: may summon witnesses; and
d: may take evidence on oath, and for that purpose the chairperson of the Board, or his or her deputy, may administer an oath.
25: Effect of regional plan
The regional plan developed under this Part is of no effect until—
a: it has been approved by the Board under section 26
b: it has become operative in accordance with section 27 Approval of regional plan
26: Approval of regional plan by Board
1: The regional plan must be approved at a meeting of the Board attended by all members.
2: If the Board cannot reach a unanimous decision to approve the regional plan referred to in subsection (1)
a: each member of the Board must vote individually on whether or not to approve that plan; and
b: the decision of the Board must be decided by a majority of the valid votes cast by the members in accordance with the procedures of the Board.
3: The regional plan referred to in subsection (1)
a: the Board's reasons for adopting the provisions of that plan; and
b: a list of the reports the Board has considered. When regional plan becomes operative
27: Operative date
Except to the extent that there is an outstanding appeal on a point of law, the regional plan developed and approved under this Part becomes operative on the day that is 15 working days after the date on which that plan is approved by the Board under section 26 Effect of regional plan developed and approved by Board on existing instruments
28: Effect on regional policy statements and regional plans
If the provisions of a regional policy statement or regional plan that applies to any part of the Waitaki catchment are inconsistent with the regional plan developed and approved under this Part, the provisions of the regional plan developed and approved under this Part prevail.
3: Right of appeal
29: Appeal to High Court on question of law
1: A person who made a submission under section 23 section 26
2: A local authority that is located in whole or in part within the Waitaki catchment, and that is dissatisfied with the decision of the Board to approve the regional plan under section 26 section 23
3: An appeal under this section must be made in accordance with the High Court Rules, except to the extent that those rules are inconsistent with sections 300 to 307
4: Sections 300 to 308 sections 300(3) 301(1)(d) subsection (1)
a: to a party to, or a person who appeared in, a proceedings were a reference to a person or a local authority who made a submission under section 23
b: to the Environment Court or Court, were a reference to the Board; and
c: to the Registrar of the Environment Court, were a reference to the Board; and
d: a decision, report, or recommendation of the Environment Court, were a reference to the regional plan developed and approved under this Part.
5: The decision of the Board to approve the regional plan under section 26 Part 10
4: Processing of applications
30: Interpretation
1: In this Part, application Schedule 2
2: The Governor-General may, by Order in Council, amend Schedule 2
a: any application for a water permit, and any associated land use consent or discharge permit, for any activity in the Waitaki catchment:
b: any land use consent or discharge permit associated with an application for a water permit referred to in Schedule 2
c: any notice of requirement for a designation in the Waitaki catchment. Decisions on applications to be made after regional plan developed and approved
31: Consideration and decision on applications deferred
1: A local authority must not consider and decide an application unless the regional plan developed and approved under Part 3
2: Section 88A
32: Ministerial call-in cancelled
If an application is subject to a direction by the Minister under section 140 Hearing and decision on applications
33: Powers of local authority in relation to hearing applications
In carrying out its functions under this Part, a local authority—
a: must publicly notify an application (whether previously notified or not) if, had the application been made after the regional plan developed and approved under Part 3
i: would have been required to notify the application; or
ii: would, in the exercise of a discretion, have decided to notify the application; and
b: may consider any evidence presented to the Board; and
c: must consider all relevant submissions lodged with the local authority or the Minister whether before, on, or after the commencement of this Act.
34: Resource Management Amendment Act 2003
1: The amendments made to the principal Act by the Resource Management Amendment Act 2003
2: This section overrides section 112 Resource Management Amendment Act 2003
35: Resource Management (Energy and Climate Change) Amendment Act 2004 The Resource Management (Energy and Climate Change) Amendment Act 2004 Appeals
36: Appeals to be treated as priority fixture
An appeal to the Environment Court under this Part must be heard and determined as if it had been granted a priority fixture by the Environment Court.
37: Documents to be lodged by local authority with Registrar
1: A local authority must, within 15 working days after the date on which notice of appeal is lodged, send to the Registrar of the Environment Court—
a: two copies of the application, documents, written submissions, statements, reports, and other papers lodged with the local authority and relating to the decision appealed from; and
b: any exhibits in the custody of the local authority; and
c: two copies of the whole of the decision appealed from.
2: Subsection (1)
3: If there has been a hearing before the local authority, the local authority must also send to the Registrar 2 copies of the written record of the hearing and made for the purposes of or under the direction of the local authority as have been transcribed or such greater number of copies as is required by subsection (4)
4: If the transcript referred to in subsection (3)
5: Subsection (3)
6: If the evidence given at the hearing was recorded but has not been transcribed, the Environment Court may order, subject to such conditions as it thinks fit, that a transcript of the whole of the evidence be made and sent to the Registrar.
7: The local authority may, at any time, make application to the Court for an order that the reasonable cost of making any transcript in accordance with this section be paid by any of the parties to the appeal.
8: If an order under this section requires a transcript to be made, the local authority must certify the correctness of the transcript and send a copy of it to the Registrar.
38: Conference powers
1: Within 10 working days after the Registrar of the Environment Court receives the documents referred to section 37
2: The Environment Judge presiding at any conference under subsection (1)
a: assess the grounds of appeal to ascertain whether an order for striking out an appeal under section 279(4)
b: assess any applications for leave to hear new evidence, and any applications to have any witness cross-examined:
c: issue a direction to fix the dates by which the respective parties must deliver to the Court and to the other parties statements of the evidence to be given on behalf of the respective parties.
3: The Environment Judge presiding at any conference under subsection (1) section 267(3) (4)