Terms and Conditions

General Terms and Conditions

By using this site you agree to be bound by the following terms.

Intellectual Property

Commercial Fisheries Services Ltd (FishServe) own all copyright and other intellectual property rights in this website. All rights are reserved. You must not copy, display, modify, reproduce, distribute or use in any other way for commercial or public purposes, any part of this website without FishServe's prior written approval.

Links

Links to other websites are provided for convenience only, and do not represent any endorsement by Commercial Fisheries Services Ltd. Please contact Commercial Fisheries Services Ltd for prior permission if you wish to create a hypertext link to any page on this Commercial Fisheries Services Ltd website. If you create a link to this website you are fully responsible for any consequences of that link, whether direct or indirect and you will protect Commercial Fisheries Services Ltd against all loss, damage, liability, costs or expense arising from or in connection with the link.

Subject to Change

All products and services on this website are subject to change without notice.

Privacy

When you become a registered user of this website, personal information will be collected from you. This information is collected for the management of your account with us. Information we collect about you will not be disclosed to any other party in a form that will identify you, except in the following specific circumstances:

1. Public Register information as required by the New Zealand Fisheries Act 1996.
2. When you seek to pay by credit card, your credit card details will be sent to Bank of New Zealand.

If you do not provide the information requested when you attempt to register, you cannot become a registered user of this website. You may correct any errors in the information you have provided at any time.

We have specific terms and conditions that apply to use of various services on this website:

1. Online Services Terms and Conditions
2. ACE Transfer Conditions
3. Returns Conditions
4. Vessel Registration Conditions
5. ALC Registration Conditions
6. Permit Application Conditions
7. Annual Update Conditions
8. Included Persons Conditions
9. Contact Persons Conditions
10. Quota Share / ACE Converter Terms and Conditions
11. Deemed Value Calculator Terms and Conditions
12. Reminders Conditions

You must read and accept those terms and conditions before using or registering for any services.

Online Services Terms and Conditions

Terms and Conditions for use of Commercial Fisheries Services Ltd website for the purpose of using the Commercial Fisheries Services Ltd Online Services.

1. Before registering or authorising any person to use Commercial Fisheries Services Ltd's (CFS) online services via the CFS website, you must read and sign the following, and return this form to CFS. For the purposes of this agreement, "Online Services" means any service available through or facilitated by the CFS website and includes but is not limited to, the ability to update, view and retrieve information, file returns and licensed fish receiver returns and register transfers of annual catch entitlements. The authorisation does not constitute a signing authority for the purpose of filing paper documents on your behalf. If you want the person you have authorised to conduct electronic transactions also to be authorised to conduct other business with CFS (such as the registration of quota transfers) you will need to complete the form “Details of Signing Authorities”.

2. The law that applies to all your dealings with CFS via this website is New Zealand law.

3. When you or your authorised person are transmitting personal information over the Internet, you should remember that the Internet is not a secure environment. CFS is not responsible for any changes made to information transmitted using its online services after being sent by the client. CFS is not responsible for any interception or corruption of information in transmission from you to the CFS website.

4. The copyright in the website is owned by CFS. You or your authorised person may electronically reproduce and store the site's contents solely for the purposes of viewing the site, or saving its content. However, if you or your authorised person want to display or distribute the content or any of the pages of the site in public or in such a way that they will be accessible to the public (including reproduction in any form on the Internet), you must first obtain CFS permission. Any links either to the CFS website or from the CFS website to other sites must be first authorised by CFS.

5. Access to CFS online services is restricted to authorised users only. Unauthorised users may be subject to criminal or civil prosecution under the laws of New Zealand or under the laws of the country from which unauthorised access took place.

6. CFS will provide you or your authorised person with a unique Customer ID and password to enable you or your authorised person to use CFS online services. Once you have received that password you should change the password. The password you choose should include a combination of letters and numbers. It may also include punctuation characters and spaces. This will be your own confidential password to access the system. The password should not be written down, or kept on any computer file without adequate security protection to prevent unauthorised use. You must ensure that the password is not revealed to unauthorised persons.

7. The password must not relate to any known personal information about you or your authorised person e.g. birthday, address, PO Box or telephone number, or include obvious or sequential numbers such as 12345.

8. CFS recommends that for your own protection and security you ensure the password is changed from time to time.

9. The use of your unique Customer ID and password either by you or by your authorised person is your authority to CFS to action online transactions in accordance with your instructions.

10. CFS is not responsible for the security of your Customer ID and password and is not liable to you in any way whatsoever for any use of online services by you or any person using, or purporting to use, online services on your behalf, whether authorised in fact or not, and whether such use is misuse or not, unless the Fisheries Act 1996 expressly provides that such liability shall exist despite the exclusions of such liability.

11. Anyone using a valid Customer ID and password combination will be permitted to perform online transactions in your name, whether they are authorised by you to do so or not. CFS will have no obligation, or take any further steps, to verify any instruction received from you or appearing to be sent by you.

12. If you believe for any reason that your password could be known by someone else not authorised by you, or if you discover any unauthorised use of your Customer ID and/or password has taken place, you must change your password and immediately (time being of the essence) notify CFS. If you wish to withdraw the authorisation from the authorised person specified on this form, please notify CFS immediately.

13. You agree to indemnify CFS against any cost (including any legal or court cost), or any debt, damages or any other liability whatsoever imposed by a court and any sum paid, or agreed to be paid, by way of settlement of any difference, dispute or litigation, including any arbitration, incurred by CFS, or its parent company, New Zealand Seafood Industry Council Ltd, by reason, or as a consequence, of any unauthorised use or of any misuse of online services, unless the Fisheries Act 1996 expressly provides that such indemnity is illegal or otherwise void.

14. Except as expressly provided by the Fisheries Act 1996, CFS will not be responsible for any direct or indirect loss or damage resulting from your use or inability to access the CFS website at any time, or any failure or delay in providing service via the Internet, whether caused by CFS or not.

15. Except as expressly provided by the Fisheries Act 1996, CFS will not be responsible for costs, losses or any other liabilities resulting from faults in, or a malfunction of, any software data or equipment (including telecommunications equipment) which supports or is used in conjunction with the service, regardless of whether that equipment is the property of CFS or is used by CFS to provide online services.

16. Except as expressly provided by the Fisheries Act 1996, CFS will not be responsible for any costs, direct or indirect losses or damage or other liabilities due to CFS's decision to withdraw online services whether for a period of time or permanently, including the closure of a register for online access or for online applications for registration.

17. CFS will not be responsible for your inability to meet reporting obligations under the Fisheries Act 1996 and its regulations due to:

    1. any inability to use or access the CFS website at any time, or any failure or delay in providing service via the Internet, whether caused by CFS or not.
    2. faults in, or a malfunction of, any equipment (including telecommunications equipment) which supports the Internet service, regardless of whether that equipment is the property of CFS or is used by CFS to provide online services.

18. CFS will register all applications for registration in accordance with the rules of priority set out in the Fisheries Act 1996 and regulations.

19. You or your authorised person are responsible for having or obtaining a computer with Internet access. Any charges relating to that computer or Internet Service provider are also your or your authorised person’s responsibility.

20. Upon reasonable notice we may suspend or withdraw your access to online services. We can also suspend or cancel your access to online services without prior notice for, but not limited to:

    • death
    • any breach of these terms and conditions
    • any other reasonable grounds

21. You should also initiate appropriate internal controls to minimise the risks of fraud.

22. You or your authorised person must supply CFS with a valid e-mail address in order to utilise CFS online services. It is your responsibility to inform CFS of any changes to an e-mail address supplied to CFS for online services. CFS is not responsible for any loss or damage arising from notifications being sent to an e-mail address noted in CFS' records as being valid, and which is no longer current or correct.

23. FishServe may vary these terms and conditions at any time by giving you two weeks notice of the change by e-mail.

ACE Transfer Application Conditions

Transferor Declaration

• The information I have given on this application is true and correct.
• I am authorised to complete this form and make this declaration.
• I am aware it is an offence to provide false or misleading information or omit any material information.
• I have read and understood the Collection of Personal Information details supplied below.

Collection of Personal Information

In regard to any information being collected on this form that is personal information, notification is hereby provided, in accordance with Principle 3 of the Privacy Act 1993, of the following matters.

• This information is being collected for purposes relating to the management of fisheries resources in accordance with the Fisheries Act 1996 and regulations made pursuant to the Act.
• The agency that will collect the information is FishServe (Commercial Fisheries Services Ltd PO Box 297, Wellington) and the Ministry of Fisheries. Personal information will also be recorded on publicly available registers.
• The provision of this information is mandatory for the transfer of ACE.
• It is an offence under the Fisheries Act 1996 to make a false or misleading statement or entry of information. Penalties are set out in Fisheries Act 1996.
• You are reminded that under Principles 6 and 7 of the Privacy Act 1993, you have the right of access to, and correction of, any personal information which has been provided.
• You may apply to FishServe to prevent the display of your personal address on registers kept under the Fisheries Act 1996 where you consider that disclosure would be prejudicial to your personal safety or to the safety of your family.

Returns Conditions

Declaration

• I declare that the information I have given on this form is correct and complete to the best of my knowledge.
• I understand it is an offence to fail to complete this return or supply false information or make any material omission.
• I have read and understand the details on the Privacy Act 1993 supplied below.
• I declare I am authorized to supply this information.

Collection of Personal Information

In regard to any information being collected on returns that is personal information, notification is hereby provided, in accordance with Principle 3 of the Privacy Act 1993, to individuals of the following matters.

• This information is being collected for the purposes relating to the conservation and management of fisheries and fisheries resources within New Zealand and New Zealand fisheries waters and for the administration and enforcement of the Fisheries Act 1996 and regulations made pursuant to this Act.
• The recipient of this information is FishServe (Commercial Fisheries Services Ltd) and the Ministry of Fisheries.
• The agency that will collect and hold the information is FishServe (Commercial Fisheries Services Ltd) (P.O. Box 297, Wellington).
• This information is mandatory under the Fisheries Act 1996 and the Fisheries (Reporting) Regulations 2001.
• It is an offence under the Fisheries Act 1996 and the Fisheries (Reporting) Regulations 2001 to neglect or refuse to supply the information required, and to fail to complete and furnish any of the required information, and to make a false or misleading statement or entry of information. Penalties are set out in the Fisheries Act 1996 and the Fisheries (Reporting) Regulations 2001.
• You are reminded under Principles 6 and 7 of the Privacy Act 1993, you have the right of access to, and correction of, any personal information, which has been provided.

Vessel Registration Application Conditions

Declaration

• I declare that the information I have given on this application is true and correct.
• I declare I am authorised to provide this information and make this declaration.
• I declare that the vessel specifications and details previously provided about this vessel have not changed, or if they have, I have made the appropriate changes.
• I am aware that it is an offence to knowingly provide false or misleading information or omit any material information.
• I understand I am required to notify FishServe if there are any changes in the particulars I have provided in this application.
• I have read and understand Collection of Personal Information details supplied below.

Collection of Personal Information

In regard to any information being collected on this application that is personal information, notification is hereby provided, in accordance with Principle 3 of the Privacy Act 1993, of the following matters.

• This information is being collected for purposes relating to the management of fisheries resources in accordance with the Fisheries Act 1996.
• The agency that will collect and hold the information is FishServe (Commercial Fisheries Services Ltd) (P.O. Box 297, Wellington). Personal information will also be recorded on publicly available registers.
• The provision of this information is mandatory under the Fisheries Act 1996.
• It is an offence under the Fisheries Act 1996 to neglect or refuse to supply the information required, and to fail to complete and furnish any of the required information, and to make a false or misleading statement or entry of information. Penalties are set out in the Fisheries Act 1996.
• You are reminded that under Principles 6 and 7 of the Privacy Act 1993, you have the right of access to, and correction of, any personal information which has been provided to FishServe.
• You may apply to FishServe to prevent the display of your address on registers kept under the Fisheries Act 1996 where you consider that disclosure would be prejudicial to your personal safety or to the safety of your family.

Definition of Overseas Person

An "overseas person" under the Fisheries Act 1996 is defined by section 7 of the Overseas Investment Act 2005. You should check the detail of the provisions of that Act, or consult with your solicitor if you have any doubt about your status, however in summary, a person is an overseas person if they themselves are overseas persons (for example, not a New Zealand citizen or resident or, for companies, incorporated overseas) or they are 25% (or more) owned or controlled by an overseas person or persons.

Definition of Prohibited Person

Is the applicant currently prohibited by court order from any of the following?

• Holding any licence, approval, permission or fishing permit obtained under the Fisheries Act 1996.
• Engaging in fishing or any activity associated with the taking of fish, aquatic life or seaweed.
• Deriving any beneficial income from activities associated with the taking of fish, aquatic life or seaweed.

ALC Registration Conditions

Declaration

• I declare that the information I have given on this application is true and correct.
• I declare I am authorised to provide this information and make this declaration.
• I am aware that it is an offence to knowingly provide false or misleading information or omit any material information.
• I understand I am required to notify FishServe if there are any changes in the particulars I have provided in this application.
• I have read and understand Collection of Personal Information details supplied below.

Collection of Personal Information

In regard to any information being collected on this application that is personal information, notification is hereby provided, in accordance with Principle 3 of the Privacy Act 1993, of the following matters.

• This information is being collected for purposes relating to the management of fisheries resources in accordance with the Fisheries Act 1996 and regulations made pursuant to the Act.
• The agency that will collect and hold the information is FishServe (Commercial Fisheries Services Ltd) (P.O. Box 297, Wellington). Personal information will also be recorded on publicly available registers.
• The provision of this information is mandatory under the Fisheries (Satellite Vessel Monitoring) Regulations 1993.
• It is an offence under the Fisheries (Satellite Vessel Monitoring) Regulations 1993 to neglect or refuse to supply the information required, and to fail to complete and furnish any of the required information, and to make a false or misleading statement or entry of information. Penalties are set out in the (Satellite Vessel Monitoring) Regulations 1993.
• You are reminded that under Principles 6 and 7 of the Privacy Act 1993, you have the right of access to, and correction of, any personal information which has been provided to FishServe.

Permit Application Conditions

Declaration

• I declare that the information I have given on this application is true and correct.
• I declare I am authorised to provide this information and make this declaration.
• If this application is for the re-issue of a fishing permit it is on the same conditions as my/our previous fishing permit.
• I am aware that it is an offence to knowingly provide false or misleading information or omit any material information.
• I understand I am required to notify FishServe if there are any changes in the particulars I have provided in this application.
• I have read and understand Collection of Personal Information details supplied below.

Collection of Personal Information

In regard to any information being collected on this application that is personal information, notification is hereby provided, in accordance with Principle 3 of the Privacy Act 1993, of the following matters.

• This information is being collected for purposes relating to the management of fisheries resources in accordance with the Fisheries Act 1996.
• The agency that will collect and hold the information is FishServe (Commercial Fisheries Services Ltd) (P.O. Box 297, Wellington). Personal information will also be recorded on publicly available registers.
• The provision of this information is mandatory under the Fisheries Act 1996.
• It is an offence under the Fisheries Act 1996 to neglect or refuse to supply the information required, and to fail to complete and furnish any of the required information, or to make a false or misleading statement or entry of information.
• Penalties are set out in the Fisheries Act 1996. You are reminded that under Principles 6 and 7 of the Privacy Act 1993, you have the right of access to, and correction of, any personal information which has been provided to FishServe.
• You may apply to FishServe to prevent the display of your address on registers kept under the Fisheries Act 1996 where you consider that disclosure would be prejudicial to your personal safety or to the safety of your family.

Prohibited Person

Is the applicant currently prohibited by court order from any of the following?

• Holding any licence, approval, permission or fishing permit obtained under the Fisheries Act 1996.
• Engaging in fishing or any activity associated with the taking of fish, aquatic life or seaweed.
• Deriving any beneficial income from activities associated with the taking of fish, aquatic life or seaweed.

Annual Update Conditions

Declaration

• I am not currently prohibited by court order from any of the following?
• Holding any licence, approval, permission or fishing permit obtained under the Fisheries Act 1996.
• Engaging in fishing or activity associated with the taking of fish, aquatic life or seaweed.
• Deriving any beneficial income from activities associated with the taking of fish, aquatic life or seaweed.
• The information I have given on this form is true, complete and correct.
• I am authorised to provide this information and make this declaration;
• I have informed the persons listed in the included persons sections that I have declared them as included with me for the purposes of the Fisheries Act 1996;
• I am aware it is an offence to knowingly provide false and misleading information or omit any material information to obtain a benefit under the Fisheries Act 1996;
• I understand I am required to notify FishServe if there are any changes in the particulars I have provided I have read and understood the details on the Privacy Act 1993 supplied with this form;
• I agree that Commercial Fisheries Services Ltd (trading as FishServe) is entitled to recover from me all costs, commissions, legal fees or otherwise, incurred in the recovery of any monies, goods or services that may be outstanding from me from time to time.

Collection of Personal Information

In regard to any information being collected on this form that is personal information, notification is hereby provided, in accordance with Principle 3 of the Privacy Act 1993 of the following matters:

• The information is being collected for purposes relating to the management of fisheries resources in accordance with the Fisheries Act 1996.
• The agency that will collect and hold the information is FishServe (Commercial Fisheries Services Ltd)(P O Box 297, Wellington) and the Ministry of Fisheries.
• Some personal information will also be recorded on publicly available registers.
• It is an offence under the Fisheries Act 1996 to neglect or refuse to supply the information required, and to fail to complete and furnish any of the required information, and to make a false or misleading statement or entry of information. Penalties are set out in the Fisheries Act 1996.
• You are reminded that under Principles 6 and 7 of the Privacy Act 1993, you have the right of access to, and correction of, any personal information which has been provided. Providing your email address is optional. However, please note that if you provide your email address, it will form part of a public register under the Fisheries Act 1996, which is available on the Internet upon payment of a prescribed fee.

Included Persons Conditions

Declaration

• I have informed the persons listed on this form that I have declared them as included with me for the purposes of the Fisheries Act 1996.
• I understand that the information on this declaration will be used to administer sections 59,60,61,78,79 and 255 of the Fisheries Act 1996, which may result in the forfeiture of quota of an included person, or suspension or prohibition of a permit of an included person.
• The information I have given on this application is true and correct in all respects.
• I understand I am required to notify FishServe if there are any changes in the particulars I have provided in this application.
• I am aware that it is an offence to knowingly provide false or misleading information or omit any material information to obtain a benefit under the Fisheries Act 1996.
• I have read and understood the Collection of Personal Information details supplied below.

Definitions

Relationships for the purposes of administering Aggregation Limits in accordance with sections 59, 60(4) and 61 of the Fisheries Act 1996

For the purposes of sections 59, 60(4) and 61, the term person, in relation to a particular person includes:

• any person who is in partnership with the person:
• any person who is a director or employee of any company of which the person is a director or employee:
• any person who is a relative of the person as defined in paragraph (a) of the definition of that term in section OB 1 of the Income Tax Act 1994:
• any person who would be as associated person under the test provided in section OD 7 of the Income Tax Act 1994, except that subparagraph (a)(v) of the definition of market value circumstance in section OB 1 of that Act does not apply:
• any beneficiary or trustee of any trust of which the person is a trustee or beneficiary.

Note that for the purposes of these sections the Treaty of Waitangi Fisheries Commission is not regarded as being included with any other person.

Relationships for the purposes of administering Prohibitions and Suspensions of Permits in accordance with sections 78 and 79 of the Fisheries Act 1996

For the purposes of sections 78 and 79 a person or entity is to be treated as a person included with the commercial fisher if the person or entity is:

• a subsidiary of the commercial fisher within the meaning of section 5 of the Companies Act 1993;
• a company of which the commercial fisher is a subsidiary within the meaning of section 5 of the Companies Act 1993; or
• a partnership or unincorporated joint venture that would be a subsidiary of the commercial fisher, or of which the commercial fisher would be a subsidiary, if the partnership or joint venture were incorporated as a company with shareholdings corresponding to the interests, including returns, of the partners in the partnership or participants in the joint venture.

Note that for the purposes of these sections the Treaty of Waitangi Fisheries Commission is not regarded as being included with any other person.

Collection of Personal Information

• In regard to any information being collected on this application that is personal information, notification is hereby provided, in accordance with Principle 3 of the Privacy Act 1993 of the following matters:
• This information is being collected for purposes relating to the management of fisheries resources in accordance with the Fisheries Act 1996 and regulations made pursuant to the Act.
• The agency that will collect and hold the information is FishServe (Commercial Fisheries Services Ltd) (P.O. Box 297, Wellington). Personal information will also be recorded on publicly available registers.
• The provision of this information is mandatory under the Fisheries (Reporting) Regulations 2001.
• It is an offence under the Fisheries Act 1996 and the Fisheries (Reporting) Regulations 2001 to neglect or refuse to supply the information required, and to fail to complete and furnish any of the required information, and to make a false or misleading statement or entry of information. Penalties are set out in the Fisheries Act 1996 and in the Fisheries (Reporting) Regulations 2001.
• You are reminded that under Principles 6 and 7 of the Privacy Act 1993, you have the right of access to, and correction of, any personal information which has been provided.

Contact Persons Conditions

Declaration

• The information I have given on this application is true and correct.
• I am authorised to provide this information and make this declaration.
• I am aware it is an offence to provide false or misleading information or omit any material information.
• I understand the applicant is required to notify FishServe if there are any changes in the particulars I have provided in this application form.
• I have read and understood the Collection of Personal Information details supplied below.

Collection of Personal Information

• In regard to any information being collected on this application that is personal information, notification is hereby provided, in accordance with Principle 3 of the Privacy Act 1993 of the following matters:
• This information is being collected for purposes relating to the management of fisheries resources in accordance with the Fisheries Act 1996 and regulations made pursuant to the Act.
• The agency that will collect and hold the information is FishServe (Commercial Fisheries Services Ltd) (P.O. Box 297, Wellington). Personal information will also be recorded on publicly available registers.
• The provision of this information is mandatory under the Fisheries (Reporting) Regulations 2001.
• It is an offence under the Fisheries Act 1996 and the Fisheries (Reporting) Regulations 2001 to neglect or refuse to supply the information required, and to fail to complete and furnish any of the required information, and to make a false or misleading statement or entry of information. Penalties are set out in the Fisheries Act 1996 and in the Fisheries (Reporting) Regulations 2001.
• You are reminded that under Principles 6 and 7 of the Privacy Act 1993, you have the right of access to, and correction of, any personal information which has been provided.

Quota Share / ACE Converter Conditions

This Quota Share / ACE Converter is provided for general information purposes only. The results from this calculator do not replace the formal calculations performed by Commercial Fisheries Services Ltd (CFS) under the Fisheries Act 1996.

While every effort has been made to ensure that the results from this Quota Share / ACE Converter and the QWEs for each stock are correct and accurate, this calculator is provided without warranties of any kind. You make use of the Quota Share / ACE Converter at your own risk and CFS accepts no liability for any claims arising from use of this Quota Share / ACE Converter.

Use of this calculator is also subject to the general terms and conditions for the use of this website.

This Quota Share / ACE Converter does not round its results and the results may contain decimal places. Any formal calculations by CFS will apply rounding rules. Please also note that ACE may only be transferred in whole kilograms.

Deemed Value Calculator Conditions

This Deemed Value Calculator (the "Calculator") is provided for general information purposes and is a guide only. The results from this calculator do not replace the formal calculations of deemed value liability performed by Commercial Fisheries Services Ltd (CFS) under the Fisheries Act 1996.

While every effort has been made to ensure that the results from the Calculator and the deemed value rates for each stock are correct and accurate, this calculator is provided without warranties of any kind. You make use of the Calculator at your own risk and CFS accepts no liability for any claims arising from use of this Calculator.

Use of this calculator is also subject to the general terms and conditions for the use of this website.

Reminders Conditions

FishServe agrees to endeavour to send you an automatically generated reminder notice in accordance with the preferences you have selected. You agree that responsibility to file returns, and make applications by the required dates is yours alone. FishServe will not be liable for any consequences of you failing to file your application/returns by the appropriate date, or for the direct or indirect consequences of a failure (for any reason) on FishServe's part to send the reminder, or for any errors in the reminder notice.

Use of this Reminder Service is also subject to the terms and conditions for the use of this website.