annual catch entitlement means an annual catch entitlement allocated under any of sections 67, 67A, 68, 340, and 340A

Annual Catch Entitlement Register means the relevant Annual Catch Entitlement Register kept under section 124(1)(b)

Aotearoa Fisheries Limited has the meaning given to it in section 5 of the Maori Fisheries Act 2004

appointed day has the meaning given to it in section 5 of the Maori Fisheries Act 2004

approved means approved by the chief executive

approved form, in relation to any document, means the form prescribed by regulations made under this Act or, if there is no such prescribed form, the form approved by the chief executive; and includes an electronic format that is so prescribed or approved

approved service delivery organisation means a person declared to be an approved service delivery organisation, and to whom any specified functions, duties, or powers of the chief executive have been transferred, under section 296B

aquaculture activities has the same meaning as in the Resource Management Act 1991

aquaculture decision has the meaning given to it by section 186C

aquatic ecosystem means any system of interacting aquatic life within its natural and physical environment

aquatic environment—

aquatic life—

asset-holding company has the meaning given to it in section 5 of the Maori Fisheries Act 2004

associated or dependent species means any non-harvested species taken or otherwise affected by the taking of any harvested species

beach cast seaweed means seaweed of any species that is unattached and cast ashore

best available information means the best information that, in the particular circumstances, is available without unreasonable cost, effort, or time

biological diversity means the variability among living organisms, including diversity within species, between species, and of ecosystems

Catch History Review Committee means the committee established under section 283

Chatham Islands Enterprise Trust means the trustees duly incorporated under that name as a charitable trust board under the Charitable Trusts Act 1957

chief executive means, subject to section 296C and any other enactment, the chief executive for the time being of the Ministry, which chief executive has, with the authority of the Prime Minister, assumed responsibility for this Act

coastal marine area and coastal permit have the meanings given to those terms by section 2(1) of the Resource Management Act 1991

commercial fisher—

commercial fishing means taking fish, aquatic life, or seaweed in circumstances where a fishing permit is required by section 89

Commission means the Treaty of Waitangi Fisheries Commission established under section 4 of the Maori Fisheries Act 1989

conservation means the maintenance or restoration of fisheries resources for their future use; and conserving has a corresponding meaning

conservation services means outputs produced in relation to the adverse effects of commercial fishing on protected species, as agreed between the Minister responsible for the administration of the Conservation Act 1987 and the Director-General of the Department of Conservation, including—

court means the District Court or, where proceedings are commenced in the High Court, the High Court

customary marine title group has the meaning given in section 9(1) of the Marine and Coastal Area (Takutai Moana) Act 2011

deemed value means an interim deemed value or an annual deemed value

deemed value amount means the amount of any interim or annual deemed value payable in respect of any catch taken in excess of any annual catch entitlement, as determined under section 76

deemed value rate means the rate of an interim or annual deemed value payable in respect of any stock, as determined under section 75

determination has the meaning given to it by section 186C

document means a document in any form whether signed or initialled or otherwise authenticated by its maker or not; and includes—

dredge oyster means the mollusc known as Tiostrea chilensis

effect means the direct or indirect effect of fishing; and includes—

regardless of the scale, intensity, duration, or frequency of the effect; and also includes—

encumbered, in relation to any quota, means the situation where the quota is—

environmental principles means the environmental principles set out in section 9

examiner means a person appointed under section 222 to be an examiner and holding a warrant under section 198

exclusive economic zone of New Zealand or exclusive economic zone means the exclusive economic zone of New Zealand as defined by section 9 of the Territorial Sea, Contiguous Zone, and Exclusive Economic Zone Act 1977

farmed fish, in relation to a fish farmer, means fish, aquatic life, or seaweed—

financial year means a period of 12 months commencing on 1 July and ending with 30 June

finfish includes all species of finfish of the classes Agnatha, Chondrichthyes, and Osteichthyes, at any stage of their life history, whether living or dead

fish includes all species of finfish and shellfish, at any stage of their life history, whether living or dead

fish carrier means any vessel capable of being used for transportation

fish farm means,—

fish farmer means a person—

Fish Farmer Register means the register required to be kept under section 186K

fish farming—

Fish Stocks Agreement—

Fisheries Dispute Commissioner, or Commissioner, means a Fisheries Dispute Commissioner appointed under section 117(1)

fisheries resources means any 1 or more stocks or species of fish, aquatic life, or seaweed

fisheries services means outputs produced for the purpose of this Act or the Fisheries Act 1983 as agreed between the Minister and the chief executive; and includes—

fishery officer means—

fishing—

fishing permit means a fishing permit issued under section 91

fishing-related mortality means the accidental death or incidental death of any protected species that occurs in the course of fishing

fishing vessel means any vessel that is capable of being used for fishing

Fishing Vessel Register means the Fishing Vessel Register kept under section 98

fishing year means,—

foreign allowable catch means a foreign allowable catch set under section 81

foreign fishing vessel means any fishing vessel that is neither a New Zealand fishing vessel nor a New Zealand ship

foreign-owned New Zealand fishing vessel means a fishing vessel registered with consent under section 103A(4)

foreign vessel means any vessel that is neither a vessel registered under this Act nor a New Zealand ship

Foveaux Strait dredge oyster means any dredge oyster found in the Foveaux Strait dredge oyster fishery

Foveaux Strait dredge oyster fishery means the Foveaux Strait Dredge Oyster Fishery defined in regulation 2 of the Fisheries (Southland and Sub-Antarctic Areas Commercial Fishing) Regulations 1986

freshwater eel means the species Anguilla australis, Anguilla dieffenbachii, and Anguilla reinhardtii, in all areas in New Zealand fisheries waters

green-lipped mussel means a shellfish of the species Perna canaliculus

greenweight, in relation to any fish, aquatic life, or seaweed, means the weight of fish, aquatic life, or seaweed before any processing commences and before any part is removed

harvestable spat means the species of fish, aquatic life, or seaweed specified in Schedule 8A at the stage of the life cycle specified in that schedule

harvested species means any fish, aquatic life, or seaweed that may for the time being be taken with lawful authority

hazardous substance has the same meaning as it has in section 2(1) of the Hazardous Substances and New Organisms Act 1996

high seas means the waters outside the national fisheries jurisdiction of any country

high seas fishery inspector means a person who is a high seas fishery inspector under section 113Q

high seas fishing permit means a permit issued under section 113H

High Seas Permit Register means the High Seas Permit Register kept under section 98(1)(c)

highly migratory species means a species or stock listed in Schedule 4B

holder, in relation to any permit, authority, approval, permission, licence, or certificate, means the person to whom the permit, authority, approval, permission, licence, or certificate has been issued, granted, or given; and holds and held have corresponding meanings

honorary fishery officer means a person appointed under section 197 to be an honorary fishery officer and holding a warrant under section 198

individual transferable quota means—

information includes—

information principles means the information principles set out in section 10

infringement fee, in relation to an infringement offence, means the appropriate infringement fee set in respect of that offence by regulations made under section 297(1)(nc)

infringement offence means an offence prescribed as an infringement offence against this Act by regulations made under section 297(1)(na)

interest in fishing quota, in sections 56 to 58B, has the meaning set out in section 57A(1)

internal waters of New Zealand means all internal waters of New Zealand as defined by section 4 of the Territorial Sea, Contiguous Zone, and Exclusive Economic Zone Act 1977

international fisheries organisation means an organisation or arrangement that is defined as a global, regional, or sub-regional fisheries organisation or arrangement under section 113B

international fisheries organisation management measure means a measure that is within the definition of international conservation and management measures in section 113B

kaitiakitanga means the exercise of guardianship; and, in relation to any fisheries resources, includes the ethic of stewardship based on the nature of the resources, as exercised by the appropriate tangata whenua in accordance with tikanga Maori

licensed fish receiver means a person licensed as a fish receiver under regulations made under section 297

long-term viability, in relation to a biomass level of a stock or species, means there is a low risk of collapse of the stock or species, and the stock or species has the potential to recover to a higher biomass level

mana whenua means customary authority exercised by an iwi or hapu in an identified area

mandated iwi organisation has the meaning given to it in section 5 of the Maori Fisheries Act 2004

master, in relation to any vessel, means any person for the time being having command or charge of the vessel

maximum sustainable yield, in relation to any stock, means the greatest yield that can be achieved over time while maintaining the stock’s productive capacity, having regard to the population dynamics of the stock and any environmental factors that influence the stock

meatweight means,—

Minister means, subject to any enactment, any Minister of the Crown who, under authority of any warrant or with the authority of the Prime Minister, is for the time being responsible for the administration of this Act

Ministry means, subject to any enactment, the Ministry that is, with the authority of the Prime Minister, for the time being responsible for the administration of this Act

mortgage means any charge registered under this Act on quota

mortgagee means the proprietor of a mortgage

mortgagor means any person who is the registered owner of quota subject to a mortgage

multi-species stock means a quota management stock that consists of 2 or more species

Nelson-Marlborough dredge oyster means any mollusc of the species Tiostrea chilensis lutaria found in the Nelson-Marlborough dredge oyster fishery

Nelson-Marlborough dredge oyster fishery means those New Zealand fisheries waters defined as OYS7 in Schedule 1

New Zealand fisheries waters means—

New Zealand fishing vessel means any fishing vessel registered under section 103

New Zealand national means—

New Zealand ship has the same meaning as in section 2(1) of the Ship Registration Act 1992

Northland scallop means any scallop found in the Northland scallop fishery

Northland scallop fishery means those New Zealand fisheries waters defined as SCA1 in Schedule 1

observer means an observer appointed under section 223

operator, in relation to a vessel, means the person who, by virtue of ownership, a lease, a sublease, a charter, a subcharter, or otherwise, for the time being has lawful possession and control of the vessel

ordinarily resident in New Zealand has the meaning set out in section 6(2) and (3) of the Overseas Investment Act 2005

ornamental fish means any species of fish, aquatic life, or seaweed declared by the chief executive, by notice in the Gazette under section 307, to be an ornamental fish

outputs means the goods and services that are produced by a department, Crown entity, Office of Parliament, or any other person or body

overseas investment fishing provisions has the meaning set out in section 57A(1)

overseas investment in fishing quota, in sections 56 to 58B, has the meaning set out in section 57D

overseas person has the meaning set out in section 7 of the Overseas Investment Act 2005

owner,—

Permit Register means the Permit Register kept under section 98

planning document has the meaning given in section 9(1) of the Marine and Coastal Area (Takutai Moana) Act 2011

port—

possession means possession of, or control over, either jointly or on one’s own account,—

premises means any land or building; and includes any vessel, or any vehicle or conveyance of any kind whatever

processing includes cutting, shelling, freezing, and the use of all other methods of manufacture and preservation

protected customary right has the meaning given in section 9(1) of the Marine and Coastal Area (Takutai Moana) Act 2011

protected customary rights order and agreement have the meanings given in section 9(1) of the Marine and Coastal Area (Takutai Moana) Act 2011

protected species means—

provisional catch history means the provisional catch history specified in section 34 or section 40

provisional individual transferable quota means—

publicly notify means publish a notice in 1 or more daily newspapers circulating in the main metropolitan areas or, if the Minister or the chief executive (as the case may be) considers it appropriate, publish a notice in 1 or more newspapers circulating in the area to which the notice relates; and public notification and publicly notified have corresponding meanings

qualifying years, in relation to any stock, has the meaning given to it by section 33

quota means any individual transferable quota or provisional individual transferable quota

quota management area means any area declared by or under this Act to be a quota management area

quota management stock means any stock subject to the quota management system

quota management system means the quota management system established under Part 4

Quota Register means the relevant Quota Register kept under section 124(1)(a)

quota share has the meaning given to it by section 42

quota weight equivalent, in relation to any quota share, means the figure in kilogrammes (or, in the case of Foveaux Strait dredge oysters, the figure in oyster numbers) arrived at by dividing by 100 000 000 the total allowable commercial catch for the stock to which the quota share relates; and, consequently, the quota weight equivalent of a parcel of shares is the quota weight equivalent of 1 share multiplied by the number of shares in the parcel

record includes any document, whether or not it has been completed

regional council—

regional plan has the meaning given to it by section 2(1) of the Resource Management Act 1991

registered fish carrier means any fish carrier registered under section 105

relevant Ministers, in sections 56 to 58B, has the meaning set out in section 57A(1)

reservation has the meaning given to it by section 186C

rock lobster means—

sale—

scallop means the mollusc Pecten novaezelandiae; but does not include scallop spat

scallop spat—

scampi means any fish of the species Metanephrops challengeri

seaweed includes all kinds of algae and sea-grasses that grow in New Zealand fisheries waters at any stage of their life history, whether living or dead

settlement quota has the meaning given to it in section 5 of the Maori Fisheries Act 2004

settlement quota interest means an interest registered in respect of quota management stocks under section 152A

shellfish includes all species of the phylum Echinodermata and phylum Mollusca and all species of the class Crustacea at any stage of their life history, whether living or dead

southern scallop means any scallop found in the southern scallop fishery

southern scallop fishery means those New Zealand fisheries waters defined as SCA7 in Schedule 1

spat catching permit means a permit issued under section 67Q of the Fisheries Act 1983

special permit means a special permit issued under section 97

specified functions, duties, or powers, in relation to an approved service delivery organisation, has the meaning given to it by section 296A

sports fish has the same meaning as in section 2(1) of the Conservation Act 1987

standards and specifications means standards and specifications issued under section 296O

statutory debt means any fee, charge, or levy required by this Act, or by any regulation, order, notice, direction, or other instrument made or issued under this Act, to be paid to the Crown or the Ministry or the holder of any named office

stock means any fish, aquatic life, or seaweed of 1 or more species that are treated as a unit for the purposes of fisheries management

subcompany, in relation to Aotearoa Fisheries Limited, has the meaning given to it in section 5 of the Maori Fisheries Act 2004

sustainability measure means any measure set or varied under Part 3 for the purpose of ensuring sustainability

taking means fishing; and to take and taken have a corresponding meaning

tangata whenua, in relation to a particular area, means the hapu, or iwi, that is Maori and holds mana whenua over that area

Te Ohu Kai Moana has the meaning given to it in section 5 of the Maori Fisheries Act 2004

Te Ohu Kai Moana Trustee Limited has the meaning given to it in section 5 of the Maori Fisheries Act 2004

Te Putea Whakatupu Trust has the meaning given to it in section 5 of the Maori Fisheries Act 2004

Te Putea Whakatupu Trustee Limited has the meaning given to it in section 5 of the Maori Fisheries Act 2004

Te Wai Maori Trust has the meaning given to it in section 5 of the Maori Fisheries Act 2004

Te Wai Maori Trustee Limited has the meaning given to it in section 5 of the Maori Fisheries Act 2004

tender means any vessel that—

territorial sea of New Zealand or territorial sea means all the waters of the territorial sea of New Zealand as defined by section 3 of the Territorial Sea, Contiguous Zone, and Exclusive Economic Zone Act 1977

tikanga Maori means Maori customary values and practices

total allowable catch, in relation to any quota management stock, means a total allowable catch as set or varied for that stock by notice in the Gazette under section 13 or section 14

total allowable commercial catch, in relation to any quota management stock, means a total allowable commercial catch specified for that stock by notice in the Gazette under section 20, and includes any total allowable commercial catch set by or under the Fisheries Act 1983

transaction means,—

transhipment means the transfer of fish, aquatic life, or seaweed from one vessel to another vessel; and tranship and transhipped have a corresponding meaning

transportation means—

tuna means any fish of the genera Katsuwonus, Euthynnus, Thunnus, Allothunnus, or Gasterochisma

unwanted aquatic life means—

vessel means any description of vessel, aircraft, hovercraft, submersible vessel, or other vessel of whatever size

whitebait includes the species Retropina retropina and juveniles of all species of the genus Galaxias

working day means any day other than—