22. Fisheries regulations---(1) The Governor-General may from time to
time, by Order in Council, make regulations for all or any of the
following purposes:
(a) Prescribing the manner of applying for licences under section 15
of this Act, and for the renewal of such licences under section
16 of this Act, and forms of applications:
(b) Prescribing the terms of duration of licences:
(c) Prescribing the forms of licences to be issued by the Minister:
[(d) Prescribing the fees and royalties payable to the Crown and their
method of payment; and prescribing the circumstances in which
such fee or royalty or any part thereof may be refunded:]
(e) Providing for the production of licences by licensees to specified
New Zealand authorities when required to do so, and the
inspection of licences by such authorities:
(f) Requiring applicants for licences, and licensees, to designate
authorised agents in New Zealand in respect of foreign fishing
craft:
(g) Providing for such other measures as are necessary or expedient to
ensure that foreign fishing craft are used for fishing within
the exclusive economic zone only in accordance with the terms
and conditions of their licences:
(h) Prescribing conditions, not inconsistent with this Act, under
which fishing may be undertaken within the zone by foreign
fishing craft:
(i) Prescribing measures, not inconsistent with this Act, for the
conservation and management of fisheries resources within the
zone:
(j) Specifying particular types of high migratory species of fish, and
regulating, in a manner not inconsistent with this Act, fishing
for those species within the zone, and also, in the case of New
Zealand fishing craft, beyond the zone:
(k) Providing that a breach of any such regulation shall be a criminal
offence, and imposing penalties by way of fine not exceeding, in
the case of a licensee, owner, or master of a fishing craft,
$10,000 for any such offences and, in the case of any other crew
member, $1,000 for any such offences:
(l) Prescribing the form of bonds for the purposes of section 25 of
this Act:
(m) Prescribing forms of notices and procedures to be followed for the
purposes of section 26 of this Act:
(n) Providing, in respect of notices, summonses, and other documents
to be served under this Act or in any civil or criminal
proceedings under this Act, that specified methods of service
(including service on the authorised agent of a foreign fishing
craft or on the diplomatic or consular representative in respect
of New Zealand of the country in which the craft is registered)
shall be deemed to be service on any licensee, owner, master, or
crew member of the craft, and providing that specified methods
of proof of service shall be deemed to be sufficient proof of
service.
(2) Regulations made under this section may make different provisions
for different parts of the exclusive economic zone and for different
species of fish.
(3) In prescribing fees in regulations made under this section, the
Governor-General in Council may---
(a) Take into account (inter alia) the cost of implementing the
provisions of this Act and of [the Fisheries Act 1983] with
respect to fishing by foreign fishing craft within the exclusive
economic zone, including the cost of the conservation and
management of fisheries resources, and of fisheries research,
and of the administration and enforcement of such enactments;
and
(b) Prescribe different fees for different classes of foreign fishing
craft (whether by reference to size, catch, method of fishing,
function, or otherwise).
In subs. (1), para. (d) was substituted for the original para. (d)
by s. 2 (2) of the Territorial Sea and Exclusive Economic Zone
Amendment Act 1980.
In subs. (3) (a) the Fisheries Act 1983, being the corresponding
enactment in force at the date of this reprint, has been substituted
for the repealed Fisheries Act 1908.