Brookers Fisheries Precedents is an integrated collection of guidelines, forms and precedents necessary for anyone who is required to provide legal advice on the regulation of New Zealand’s fisheries.

Authored and maintained by fisheries law experts, Brookers Fisheries Precedents provides an excellent summary of the key actions required by anyone engaged in a commercial fishing operation. Reference to the appropriate legislative provisions is supplemented with links to the relevant forms and/or precedents.

Any law firm with commercial fishing clients will find this service an essential resource, along with in-house advisers and counsel for commercial fishing companies and operations.

Introduction to Fisheries

• Background
• Legislative framework
• Fisheries sectors

Terminology

Fishserve and the devolution of administrative role

Commercial fishing requirements

• Clent registration
• Application forms

Property Rights

• Types
• Public registers
• Transfer of property quota or ACE
• Mortgages and caveats

Permits to take fish/access to the fishery

• Types of permit

Reporting of catch

• Forms

Licensed fish receivers

• Reporting requirements
• Forms

Registration of fishing vessels

• The Fishing Vessel Register
• Requirements for various types of vessel
• Forms

High Seas fishing

• Forms

Targeting fish not within the QMS

Investigations and prosecutions

• Powers of fishery officers
• Seizure
• Flowchart - Seizure of property by Crown
• Offences and penalties
• Forfeiture
• Steps in the forfeiture and redemption process

Maori fishing interests

• introduction
• Maori commercial interests
• Maori  non-commercial interests

Amateur fishing charter vessels and operators

Property rights - sample agreements

• Agreement for sale and purchase of quota
• Agreement for sale and purchase of annual catch entitlement
• Mortgage over Individual Transferable Quota
• Agreement for sale and purchase of a fishing vessel

Permits - sample agreements

• Share fishing agreement

 Letters

• Request for disclosure letter
• Letter in response to directions for an interview
• Request for full disclosure

Statutory Forms

• Infringement notice
• Reminder notice for fisheries infringement offence