New Zealand Acts

FISHERIES AMENDMENT ACT 2001 - SECT 24

24 New section 255 substituted

The principal Act is amended by repealing section 255 , and substituting the following section:

255 Interpretation—forfeiture provisions

1 In sections 255A to 256 , unless the context otherwise requires,—  
"associated quota" , in relation to a person convicted of an offence (the
"offender" ), means—  

a) all quota owned by any person that is a subsidiary of the offender within the meaning of section 5 of the Companies Act 1993 :

b) if the offender has, in the fishing year in which the offence was committed or the immediately preceeding fishing year,—

i) gained any benefit from any quota of a stock (
"stock A" ), including annual catch entitlement generated from that quota; and

ii) that quota is owned by any company of which the offender is a subsidiary (the
"holding company" ) or any other subsidiary of the holding company,—

all quota of every stock of the species or group of species comprised in stock A owned by the holding company or any subsidiary of the holding company at the date the offence was committed:

c) any other quota not owned by the holding company or any subsidiary of the offender or any subsidiary of the holding company, but over which the offender had effective control at the date the offence was committed

"fish and any proceeds from the sale of such fish" means any fish, aquatic life, or seaweed in respect of which the offence was committed (whether or not seized under section 207 ) and any proceeds from the sale of such fish, aquatic life, or seaweed under section 212   
"property used in the commission of the offence" —  

a) means any vessel, vehicle or other conveyance, fishing gear, implement, appliance, material, container, goods, equipment, or thing used in respect of the commission of the offence (whether or not seized under section 207 ); but

b) does not include any quota, associated quota, or annual catch entitlement

"quota" —

a) in relation to a person convicted of an offence (the
"offender" ), means the number of quota shares or amount of provisional catch history for each stock that is equivalent to the number or amount owned by the offender for the stock at the date of the commission of the offence; and

b) in relation to any other person, means the number of quota shares for each stock that is equivalent to the number owned by the person for the stock at the date the offender committed the offence

"serious non-commercial offence" means any offence specified as such in regulations made under section 297 .

2 For the purposes of paragraph (c) of the definition of associated quota, a person may have had effective control of quota whether or not the person had—

a) any legal or equitable interest in the quota; or

b) any right, power, or privilege in connection with the quota,—and those interests, rights, powers, or privileges may be determined without regard to the form of any entities in which they are owned or held.

3 Without limiting the generality of paragraph (c) of the definition of associated quota, in determining whether an offender had effective control over quota, regard may be had to the following matters:

a) shareholdings in, debentures over, or directorships of, any company that had an interest (whether direct or indirect) in the quota:

b) any trust that had a relationship to the quota:

c) family, domestic, and business relationships between persons who had an interest in quota, or in companies of the kind referred to in paragraphs (a) and (b) of the definition of associated quota, and any other persons:

d) whether one person was accustomed to following the instructions of the other person in respect of the quota they own:

e) whether one person was accustomed to acting in a manner consistent with advancing the interests of the other person in respect of the quota they own.

4 No quota owned by the Commission is associated quota for the purposes of this Act.

5 No quota owned by any person is associated quota merely because of any relationship between that person and the Commission or any other person and the Commission.

6 No quota owned by any bank registered under the Reserve Bank of New Zealand Act 1989 is to be regarded as associated quota merely because the bank has in the ordinary course of its business as a financier become the owner of that quota.