Terms & Conditions.
Please see here for our Privacy Policy Statement.
Subject to any applicable law which cannot be excluded and to all provisions implied by statute which cannot be excluded, Commercial Fisheries Services Limited (Fishserve) has used its best endeavours to ensure the correctness of the information contained and presented herein, and accepts no responsibility for any loss, damage, cost or expense (whether direct or indirect) incurred by you as a result of any error, omission or misrepresentation in any information in this site or our failure to provide this site.
Conditions for Use of this Website
By using this site, you agree to be bound by the following terms.
Intellectual Property
Commercial Fisheries Services Limited (Fishserve) owns 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 Limited (Fishserve). Please contact Fishserve via email on helpdesk@fishserve.co.nz or phone on (04) 460 9555 for prior permission if you wish to create a hypertext link to any page on this 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 Fishserve 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:
Public Register information as required by the New Zealand Fisheries Act 1996 and Fisheries (Registers) Regulations 2001.
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. Once registered, you may request access to and correct your personal information at any time. Please see our Privacy Policy for further information.
Credit Card Details
Your payment details have the security offered by Paystation Limited, a fully AIS PCI DSS Level 1 Service Provider and Paymark Partner, using 128-bit SSL encryption. Credit card details will be sent directly to the acquiring institution for processing. No card data is available to, or used by, Fishserve. You will be issued with a receipt number at the end of your transaction.
Any fees required for applications or services are not refundable.
Specific Terms and Conditions
We have specific terms and conditions that apply to the following services on this website:
Authorised Personnel Terms and Conditions
Annual Catch Entitlement (ACE) Transfer Terms and Conditions
Returns Terms and Conditions
Electronic Reporting Terms and Conditions
Vessel Registration Terms and Conditions
Geospatial Position Reporting (GPR) Device Terms and Conditions
Fishing Permit Terms and Conditions
High Seas Permit Application Conditions
Notified User Terms and Conditions
Annual Update Terms and Conditions
Included Persons Terms and Conditions
Quota Share / ACE Converter Terms and Conditions
Deemed Value Calculator Terms and Conditions
Reminders Terms and Conditions
To Do List Terms and Conditions
File Upload Terms and Conditions
Reports Terms and Conditions
FRED Terms and Conditions
Conditions Of This Instruction To Accept Direct Debits Under The Paperless Service (A)
Conditions Of This Instruction To Accept Direct Debits Under The Paperless Service (B)
Direct Debit Terms and Conditions
Licensed Fish Receivers (LFR) Terms and Conditions
Marine Farm Terms and Conditions
You must read and accept those terms and conditions before using or registering for any services.
Applicant
Before registering or authorising any person to use Commercial Fisheries Services Limited (Fishserve) services, you must read and agree to the following terms and conditions. For the purposes of this agreement, "Services" means any service available through or facilitated by Fishserve or the Fishserve 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 entitlement. Any authorisation provided constitutes a signing authority for the purpose of filing paper applications, documents or transactions on your behalf unless Fishserve is notified otherwise.
The law that applies to all your dealings with Fishserve is New Zealand law.
When you or your authorised personnel are transmitting personal information over the Internet, you should remember that the Internet is not a secure environment. Fishserve is not responsible for any changes made to information transmitted using its online services after being sent by authorised personnel. Fishserve is not responsible for any interception or corruption of information in transmission from you to Fishserve.
The copyright in the website is owned by Fishserve. You or your authorised personnel 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 personnel 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 Fishserve's permission. Any links either to the Fishserve website or from the Fishserve website to other sites must be first authorised by Fishserve.
Access to Fishserve 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.
Fishserve may provide your authorised personnel with an e-mail, the link within this e-mail will enable your authorised personnel to set up their account to use Fishserve services. They will be required to set up a username, password and answers to security questions. They are also required to accept the Terms and Conditions of use of the website.
The use of a username and password registered with Fishserve either by you or by your authorised personnel is your authority to Fishserve to action online transactions in accordance with your instructions.
Fishserve is not responsible for the security of your authorised personnel’s username and password and is not liable to you in any way whatsoever for any use of online services by 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.
If you disclose your valid username and password combination to a third party they will be permitted to perform online transactions in your authorised personnel’s name, whether they are authorised by you to do so or not. Fishserve will have no obligation, or take any further steps, to verify any instruction received from you or appearing to be sent by you.
If you believe for any reason that your authorised personnel’s username and password could be known by someone else, or if you discover any unauthorised use of your authorised personnel’s username and/or password has taken place, you must immediately (time being of the essence) notify Fishserve. If you wish to withdraw the authorisation from the authorised personnel specified on this form, please notify Fishserve immediately.
You agree to indemnify Fishserve 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. This includes any arbitration, incurred by Fishserve, or its parent company, Seafood New Zealand Limited, 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.
Except as expressly provided by the Fisheries Act 1996, Fishserve will not be responsible for any direct or indirect loss or damage resulting from your use or inability to access the Fishserve website at any time, or any failure or delay in providing service via the Internet, whether caused by Fishserve or not.
Except as expressly provided by the Fisheries Act 1996, Fishserve 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 Fishserve or is used by Fishserve to provide online services.
Except as expressly provided by the Fisheries Act 1996, Fishserve will not be responsible for any costs, direct or indirect losses or damage or other liabilities due to Fishserve'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.
Fishserve will not be responsible for your inability to meet reporting obligations under the Fisheries Act 1996 and its regulations due to:
any inability to use or access the Fishserve website at any time, or any failure or delay in providing service via the Internet, whether caused by Fishserve or not.
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 Fishserve or is used by Fishserve to provide online services.
Fishserve will register all applications for registration in accordance with the rules of priority set out in the Fisheries Act 1996 and regulations pursuant to the Act.
You and/or your authorised personnel are responsible for having or obtaining a computer with Internet access. Any charges relating to that computer or Internet service provider are also your responsibility.
Upon reasonable notice we may suspend or withdraw you or your authorised personnel’s access to online services. We can also suspend or cancel your access to services with or without prior notice for, but not limited to:
death
any breach of these terms and conditions
any outstanding debt
any other reasonable grounds
You should also initiate appropriate internal controls to minimise the risks of fraud.
You or your authorised personnel must supply Fishserve with a valid e-mail address in order to utilise Fishserve services. It is your responsibility to inform Fishserve of any changes to an e-mail supplied to Fishserve for services. FishSserve is not responsible for any loss or damage arising from notifications being sent to an e-mail address noted in Fishserve's records as being valid, and which is no longer current or correct.
Fishserve may vary these terms and conditions at any time by giving you two weeks’ notice of the change by e-mail.
Authorised Personnel
The law that applies to all your dealings with Fishserve is New Zealand law.
When you are transmitting personal information over the Internet, you should remember that the Internet is not a secure environment. Fishserve is not responsible for any changes made to information transmitted using its online services after being sent by authorised personnel. Fishserve is not responsible for any interception or corruption of information in transmission from you to Fishserve.
The copyright in the website is owned by Fishserve. You may electronically reproduce and store the site's contents solely for the purposes of viewing the site or saving its content. However, if you 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 Fishserve's permission. Any links either to the Fishserve website or from the Fishserve website to other sites must be first authorised by Fishserve.
Access to Fishserve services is restricted to authorised personnel only. Unauthorised personnel 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.
Throughout these terms and conditions, the term 'password' should be taken to mean both password and passphrase unless otherwise specifically mentioned.
You must provide a username, password and answers to security questions.
The password you choose must meet the following requirements:
For passwords;
Be at least ten characters in length and meet 3 of the following 4 requirements:
Contain at least one upper case letter
Contain at least one lower case letter
Contain at least one special character
Contain at least one number
OR, for a passphrase;
Be at least 16 characters in length
This will be your own confidential username and password to access the system. The username and 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 username and password is not revealed to unauthorised persons.
The password must not relate to any known personal information about you e.g. birthday, address, PO Box or telephone number, or include obvious or sequential numbers such as 12345.
Fishserve recommends that for your own protection and security you ensure the password is changed from time to time.
The use of your username and password is your authority to Fishserve to action online transactions in accordance with your instructions.
Fishserve is not responsible for the security of your username 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.
Anyone using a valid username and password combination will be permitted to perform online transactions in your name, whether they are authorised by you to do so or not. Fishserve will have no obligation, or take any further steps, to verify any instruction received from you or appearing to be sent by you.
If you believe for any reason that your username and password could be known by someone else, or if you discover any unauthorised use of your user name and/or password has taken place, you must change your password immediately (time being of the essence) notify Fishserve.
You agree to indemnify Fishserve 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. This includes any arbitration, incurred by Fishserve, or its parent company, Seafood New Zealand Limited, 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.
Except as expressly provided by the Fisheries Act 1996, Fishserve will not be responsible for any direct or indirect loss or damage resulting from your use or inability to access the Fishserve website at any time, or any failure or delay in providing service via the Internet, whether caused by Fishserve or not.
Except as expressly provided by the Fisheries Act 1996, Fishserve 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 Fishserve or is used by Fishserve to provide online services.
Except as expressly provided by the Fisheries Act 1996, Fishserve will not be responsible for any costs, direct or indirect losses or damage or other liabilities due to Fishserve'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.
Fishserve will not be responsible for your inability to meet reporting obligations under the Fisheries Act 1996 and its regulations due to:
any inability to use or access the Fishserve website at any time, or any failure or delay in providing service via the Internet, whether caused by Fishserve or not.
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 Fishserve or is used by Fishserve to provide online services.
Fishserve will register all applications for registration in accordance with the rules of priority set out in the Fisheries Act 1996 and regulations made pursuant to this Act.
You are responsible for having or obtaining a computer with Internet access. Any charges relating to that computer or Internet service provider are also your responsibility.
Upon reasonable notice we may suspend or withdraw your access to online services. We can also suspend or cancel your access to services with or without prior notice for, but not limited to:
death
any breach of these terms and conditions
any other reasonable grounds
You should also initiate appropriate internal controls to minimise the risks of fraud.
You must supply Fishserve with a valid e-mail address in order to utilise Fishserve services. It is your responsibility to inform Fishserve of any changes to an e-mail supplied to Fishserve for services. Fishserve is not responsible for any loss or damage arising from notifications being sent to an e-mail address noted in Fishserve's records as being valid, and which is no longer current or correct.
You are also subject to the general terms and conditions for the use of this website (found near the top of this page).
Fishserve may vary these terms and conditions at any time by giving you two weeks’ notice of the change by e-mail.
Declaration
The information I have given on this application is complete and correct.
I am authorised to complete this application and make this declaration.
I understand it is an offence under section 230(1) of the Fisheries Act 1996 to make any false or misleading statement in this application or omit any material information.
I have read and understand the Collection of Personal Information details supplied below.
I acknowledge that any fees required are application fees and are not refundable.
Collection of Personal Information
Your personal information is being collected to enable your application to register a transfer of Annual Catch Entitlement (ACE) to be processed.
The agency collecting and holding this information is Commercial Fisheries Services Limited (Fishserve), PO Box 297, Wellington, 6140.
The collection of this information is required under section 133 of the Fisheries Act 1996. It is not mandatory that you supply this information, but your application may not be processed if you do not provide all the information requested on this application.
You have the right to access and correct your personal information.
As set out in the Fisheries Act 1996 and the Fisheries (Registers) Regulations 2001, personal information will also be recorded on publicly available registers.
You may apply to Fishserve to prevent the display of your personal address on registers kept under the Fisheries Act 1996 if you consider that disclosure would be prejudicial to your personal safety or to the safety of your family.
Refer to our Privacy Policy for further information.
Declaration
The information I have given on this form is complete and correct to the best of my knowledge.
I am authorised to complete this form and make this declaration.
I understand it is an offence under section 230(1) of the Fisheries Act 1996 to fail to complete this form, make any false or misleading statement on this form or omit any material information.
I have read and understand the Collection of Personal Information details supplied below.
Collection of Personal Information
Your personal 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 this Act.
The agency collecting and holding this information is Commercial Fisheries Services Limited (Fishserve), PO Box 297, Wellington, 6140.
The provision of this information is mandatory under the Fisheries Act 1996 and the Fisheries (Reporting) Regulations 2017.
You have the right to access and correct your personal information.
As set out in the Fisheries Act 1996 and the Fisheries (Registers) Regulations 2001, personal information will also be recorded on publicly available registers.
You may apply to Fishserve to prevent the display of your personal address on registers kept under the Fisheries Act 1996 if you consider that disclosure would be prejudicial to your personal safety or to the safety of your family.
Refer to our Privacy Policy for further information.
Declaration
The information I have given on this form is complete and correct to the best of my knowledge.
I am authorised to complete this form and make this declaration.
I understand it is an offence under section 230(1) of the Fisheries Act 1996 to fail to complete this form, make any false or misleading statement on this form, or omit any material information.
I have read and understand the Collection of Personal Information details supplied below.
Collection of Personal Information
Your personal 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 this Act.
The agency collecting and holding this information is Commercial Fisheries Services Limited (Fishserve), PO Box 297, Wellington, 6140.
The provision of this information is mandatory under the Fisheries Act 1996 and the Fisheries (Reporting) Regulations 2017.
You have the right to access and correct your personal information.
As set out in the Fisheries Act 1996 and the Fisheries (Registers) Regulations 2001, personal information will also be recorded on publicly available registers.
You may apply to Fishserve to prevent the display of your personal address on registers kept under the Fisheries Act 1996 if you consider that the disclosure would be prejudicial to your personal safety or to the safety of your family.
Refer to our Privacy Policy for further information.
Declaration
The information I have given on this application is complete and correct.
I am authorised to complete this application and make this declaration.
The vessel specifications and details previously provided about this vessel have not changed, or if they have, I have made the appropriate changes.
I understand it is an offence under section 230(1) of the Fisheries Act 1996 to make any false or misleading statement in this application or omit any material information.
I have read and understand the Collection of Personal Information details supplied below.
I acknowledge that any fees required are application fees and are not refundable.
Collection of Personal Information
Your personal information is being collected to enable your application to register, amend or cancel a fishing vessel to be processed.
The agency collecting and holding this information is Commercial Fisheries Services Limited (Fishserve), PO Box 297, Wellington, 6140.
The collection of this information is required under sections 103 and 107 of the Fisheries Act 1996. It is not mandatory that you supply this information, but your application may not be processed if you do not provide all the information requested on this application.
You have the right to access and correct your personal information.
As set out in the Fisheries Act 1996 and the Fisheries (Registers) Regulations 2001, personal information will also be recorded on publicly available registers.
You may apply to Fishserve to prevent the display of your personal address on registers kept under the Fisheries Act 1996 if you consider that disclosure would be prejudicial to your personal safety or to the safety of your family.
Refer to our Privacy Policy for further information.
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.
Declaration
The information I have given on this application is complete and correct.
I am authorised to complete this application and make this declaration.
I understand that it is an offence under section 230(1) of the Fisheries Act 1996 to make any false or misleading statement in this application or omit any material information.
I have read and understand the Collection of Personal Information details supplied below.
I acknowledge that any fees required are application fees and are not refundable.
Collection of Personal Information
Your personal information is being collected to enable your application to register or cancel a Geospatial Position Reporting (GPR) device to be processed.
The agency collecting and holding this information is Commercial Fisheries Services Limited (Fishserve), PO Box 297, Wellington, 6140.
The collection of this information is required under regulation 7 of the Fisheries (Geospatial Position Reporting) Regulations 2017. It is not mandatory that you supply this information, but your application may not be processed if you do not provide all the information requested on this application.
You have the right to access and correct your personal information.
As set out in the Fisheries Act 1996 and the Fisheries (Registers) Regulations 2001, personal information will also be recorded on publicly available registers.
You may apply to Fishserve to prevent the display of your personal address on registers kept under the Fisheries Act 1996 if you consider that disclosure would be prejudicial to your personal safety or to the safety of your family.
Refer to our Privacy Policy for further information.
Declaration
The information I have given on this application is complete and correct.
I am authorised to complete this application 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 understand it is an offence under section 230(1) of the Fisheries Act 1996 to make any false or misleading statement in this application or omit any material information.
I have read and understand the Collection of Personal Information details supplied below.
I acknowledge that any fees required are application fees and are not refundable.
Collection of Personal Information
Your personal information is being collected to enable your application for a fishing permit, or application to amend or cancel your fishing permit, to be processed.
The agency collecting and holding this information is Commercial Fisheries Services Limited (Fishserve), PO Box 297, Wellington, 6140.
The collection of this information is required under sections 91 and 96 of the Fisheries Act 1996. It is not mandatory that you supply this information, but your application may not be processed if you do not provide all the information requested on this application.
You have the right to access and correct your personal information.
As set out in the Fisheries Act 1996 and the Fisheries (Registers) Regulations 2001, personal information will also be recorded on publicly available registers.
You may apply to Fishserve to prevent the display of your personal address on registers kept under the Fisheries Act 1996 if you consider that disclosure would be prejudicial to your personal safety or to the safety of your family.
Refer to our Privacy Policy for further information.
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.
Declaration
The information I have given on this application is complete and correct.
I am authorised to complete this application and make this declaration.
I understand it is an offence under section 230(1) of the Fisheries Act 1996 to make any false or misleading statement in this application or omit any material information.
I have read and understand the Collection of Personal Information details supplied below.
I acknowledge that any fees required are application fees and are not refundable.
If the Director-General is satisfied that a high seas permit has been issued on the basis of false or misleading information, the Director-General may amend or revoke that permit under section 113N or 305A of the Fisheries Act 1996.
Collection of Personal Information
Your personal information is being collected to enable your application for a high seas fishing permit to be processed, and for purposes relating to the management and conservation of fisheries and fisheries resources in the national jurisdictions of other states and on the high seas.
The agency collecting and holding this information is Commercial Fisheries Services Limited (Fishserve), PO Box 297, Wellington, 6140).
The collection of this information is required under section 113G of the Fisheries Act 1996. It is not mandatory that you supply this information, but your application may not be processed if you do not provide all the information requested on this application.
You have the right to access and correct your personal information.
As set out in the Fisheries Act 1996 and the Fisheries (Registers) Regulations 2001, personal information will also be recorded on publicly available registers.
You may apply to Fishserve to prevent the display of your personal address on registers kept under the Fisheries Act 1996 if you consider that disclosure would be prejudicial to your personal safety or to the safety of your family.
Refer to our Privacy Policy for further information.
Niue Treaty Subsidiary Agreement (NTSA)
Your personal information may be disclosed under the terms of the NTSA, including to other countries that are a party to the NTSA, if required. Any such disclosure would be on a case-by-case basis and consistent with the Privacy Act 2020. However, foreign persons or entities may not be required to protect the information in a way that, overall, provides comparable safeguards to those in the Privacy Act 2020. By submitting this application you authorise disclosure of your personal information outside New Zealand under the terms of the NTSA.
Declaration – by Notified User and Operator
The information I have given on this application is complete and correct.
I am authorised to complete this application and make this declaration.
I understand it is an offence under section 230(1) of the Fisheries Act 1996 to make any false or misleading statement in this application or omit any material information.
I have read and understand the Collection of Personal Information details supplied below.
I acknowledge that any fees required are application fees and are not refundable.
Collection of Personal Information
Your personal information is being collected to enable your application to register a notified user of a fishing vessel to be processed.
The agency collecting and holding this information is Commercial Fisheries Services Limited (Fishserve), P O Box 297, Wellington, 6140.
The collection of this information is required under section 104 of the Fisheries Act 1996. It is not mandatory that you supply this information, but your application may not be processed if you do not provide all the information requested on this application.
You have the right to access and correct your personal information.
As set out in the Fisheries Act 1996 and the Fisheries (Registers) Regulations 2001, personal information will also be recorded on publicly available registers.
You may apply to Fishserve to prevent the display of your personal address on registers kept under the Fisheries Act 1996 if you consider that disclosure would be prejudicial to your personal safety or to the safety of your family.
Refer to our Privacy Policy for further information.
Declaration
The information I have given on this form is complete and correct.
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.
I have informed the persons listed in the included persons section that I have declared them as included persons for the purposes of the Fisheries Act 1996.
I understand it is an offence under section 230(1) of the Fisheries Act 1996 to fail to complete this form, make any false or misleading statement on this form or omit any material information.
I have read and understand the Collection of Personal Information supplied below
I agree that Commercial Fisheries Services Limited (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
Your personal information is being collected to enable your application to update your client details to be processed.
The agency collecting and holding this information is Commercial Fisheries Services Limited (Fishserve), PO Box 297, Wellington, 6140.
The provision of this information is mandatory under section 34 of the Fisheries (Reporting) Regulations 2017.
You have the right to access and correct your personal information.
As set out in the Fisheries Act 1996 and the Fisheries (Registers) Regulations 2001, personal information will also be recorded on publicly available registers.
You may apply to Fishserve to prevent the display of your personal address on registers kept under the Fisheries Act 1996 if you consider that disclosure would be prejudicial to your personal safety of to the safety of your family.
Refer to our Privacy Policy for further information.
Declaration
The information I have given on this form is complete and correct.
I am authorised to complete this form and make this declaration.
I have informed the persons listed on this form that I have declared them as included persons 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.
I understand it is an offence under section 230(1) of the Fisheries Act 1996 to make any false or misleading statement on this form or omit any material information.
I have read and understand the Collection of Personal Information details supplied below.
Relationship Definitions
Aggregation Limits
For the purposes of administering Aggregation Limits in accordance with sections 59, 60(4) and 61 of the Fisheries Act 1996, 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 section YA 1 of the Income Tax Act 2007.
any person who would be an associated person as defined by section YA 1 of the Income Tax Act 2007.
any beneficiary or trustee of any trust of which the person is a trustee or beneficiary.
Note that for the purposes of these sections Te Ohu Kai Moana Trustee Limited is not regarded as being included with any other person.
Prohibitions and Suspensions of Permits
For the purposes of administering Prohibitions and Suspensions of Permits in accordance with sections 78 and 79 of the Fisheries Act 1996, 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 Te Ohu Kai Moana Trustee Limited is not regarded as being included with any other person.
Collection of Personal Information
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, PO 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 2017.
It is an offence under the Fisheries Act 1996 and the Fisheries (Reporting) Regulations 2017 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 2017.
You are reminded that under Principles 6 and 7 of the Privacy Act 2020, you have the right of access to, and correction of, any personal information which has been provided.
Refer to our Privacy Policy for further information.
The Quota Share / ACE Converter is provided for general information purposes only. The results from this do not replace the calculations performed by Commercial Fisheries Services Limited (Fishserve) under the Fisheries Act 1996.
While every effort has been made to ensure that the results from this Quota Share / ACE Converter and the Quota Weight Equivalent for each stock are correct and accurate, the Quota Share / ACE Converter is provided without warranties of any kind. Use of the Quota Share / ACE Converter is at your own risk. Fishserve accepts no liability for any claims arising from use of the Quota Share / ACE Converter.
Use of the Quota Share / ACE Converter is also subject to the general terms and conditions for the use of this website (found near the top of this page).
This Quota Share / ACE Converter does not round its results and the results may contain decimal places. Please also note that ACE may only be transferred in whole kilograms.
The Deemed Value Calculator is provided for general information purposes and is a guide only. The results from this do not replace the calculations of deemed value liability performed by Commercial Fisheries Services Limited (Fishserve) under the Fisheries Act 1996.
While every effort has been made to ensure that the results from the Deemed Value Calculator and the deemed value rates for each stock are correct and accurate, the Deemed Value calculator is provided without warranties of any kind. Use of the Deemed Value Calculator is at your own risk. Fishserve accepts no liability for any claims arising from use of the Deemed Value Calculator.
Use of the Deemed Value Calculator is also subject to the general terms and conditions for the use of this website (found near the top of this page).
Commercial Fisheries Services Limited (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 general terms and conditions for the use of this website (found near the top of this page).
Commercial Fisheries Services Limited (Fishserve) agrees to endeavour to provide you an automatically generated "To Do List" 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 generate the "To Do List", or for any errors in the "To Do List".
Use of the "To Do List" service is also subject to the general terms and conditions for the use of this website (found near the top of this page).
By using the File Upload service, you agree to the following terms and conditions for the services being used:
Annual Catch Entitlement (ACE) Transfer Terms and Conditions (found near the top of this page)
Returns Terms and Conditions (found near the top of this page)
By running a report, you agree to the following terms and conditions for this service:
Credit Card Details (found near the top of this page under "General Terms and Conditions")
Disclaimer (found near the top of this page)
FRED (Fisheries Register Extracts Database) subscription service
1. Interpretation
1.1. “Licensee” or “you” is any individual, sole trader, partnership, company, body corporate, or organisation which has agreed to be bound by these terms and conditions in return for a licence to use FRED.
1.2. “FRED” means the FRED Service or FRED lite service accessible on the Commercial Fisheries Services Limited (Fishserve) website comprising a copy of parts of the Annual Catch Entitlement (ACE) registers for the current and immediately preceding fishing years of a stock and the Quota registers, being registers maintained under the Fisheries Act 1996, together with the Total Allowable Catch (TAC), Total Allowable Commercial Catch (TACC), stock codes, catch figures and transfer prices.
2. Acceptance of Terms and Conditions
2.1. The Licensee agrees that submission of an application to subscribe to FRED is acceptance of these terms and conditions.
3. What the Licensee may or may not do with FRED
3.1. In consideration of the Licensee paying the associated subscription charge for access to FRED, Fishserve grants to the Licensee a non-transferable, non-exclusive licence only to:
3.1.1. Use FRED for its legitimate fisheries business purposes in accordance with these terms and conditions;
3.1.2. Copy parts (but not all) of the FRED data for internal use within the Licensee’s business in accordance with these terms and conditions; and
3.1.3. Permit any employee or contractor engaged by the Licensee to do any of the things specified in clause 3.1.1 or 3.1.2 in accordance with these terms and conditions.
3.2. The Licensee may not and may not permit others to:
3.2.1. Copy the whole of FRED;
3.2.2. Lend, lease or rent access to FRED to others;
3.2.3. Create competitive products with a substantially similar “look and feel”;
3.2.4. Use FRED for any purpose which includes the purpose of creating directly or indirectly any databases or parts of databases; or prepare derivative works from FRED, other than as a consequence of the ordinary operation of FRED;
3.2.5. Use FRED in any manner that infringes the intellectual property rights or other rights, including privacy, of another party.
3.2.6. The Licensee may not assign or sub-license any of its rights under these terms and conditions unless Fishserve first agrees in writing.
3.2.7. The Licensee must comply with all relevant laws in its use of FRED including, but not limited to, the information privacy principles of the Privacy Act 2020, and public register privacy principle 2 of that Act.
4. Services the Licensee must supply itself
4.1. The Licensee acknowledges that to use FRED fully the Licensee must supply its own computer hardware and software, in accordance with minimum specifications as notified from time to time by Fishserve and keep it in good working order.
5. Fishserve is not responsible for Internet and Telecommunications services
5.1. The Licensee must arrange and pay for all telecommunication and Internet services required to receive and use FRED.
5.2. Fishserve is not responsible for claims, expenses, losses, damages or costs made against or incurred or suffered by the Licensee directly or indirectly (including without limitation, lost costs, profits and data) arising out of those telecommunication and Internet services (including without limitation, use or misuse of them or any failure of them).
6. Fishserve makes no warranties
6.1. Fishserve makes no express warranties under this Agreement, including any warranty that:
6.1.1. FRED is or will be complete or free from all errors; or
6.1.2. That the data received via FRED is up-to-date or is an accurate representation of any of the registers required to be kept under the Fisheries Act 1996.
6.2. The terms of this Agreement replace all other terms, representations or warranties and all such terms, representations and warranties (except any which may not lawfully be excluded) including, without limitation, the implied warranties of merchantability and fitness for any particular purpose. Where FRED is used for the purpose of business, you agree that the provisions of the Consumer Guarantees Act 1993 shall not apply.
7. Fishserve excludes and limits liability
7.1. Fishserve excludes, for itself and for any supplier of software or other materials incorporated into FRED, all liability for all claims, expenses, losses, damages and costs made against or incurred or suffered by you directly or indirectly (including, without limitation, loss costs, profits and data) arising out of:
7.1.1. Your use or misuse of FRED;
7.1.2. Your inability to use FRED;
7.1.3. Negligence of Fishserve or its employees, contractors or agents, or of any supplier of software or other material incorporated into FRED in connection with this Agreement.
8. Fishserve Liability
8.1. To the full extent permitted by law and other than as specifically set out in this Agreement, Fishserve excludes all implied and express terms, conditions and warranties, including warranties as to the fitness of FRED for a particular purpose except to the extent of the payment of the cost of replacing FRED.
8.2. To the extent permitted by relevant New Zealand law, Fishserve is not liable for:
8.2.1. Any failure to perform its obligations under this licence agreement where the failure results from act of God, act of any government or government authority, fire, explosion, accident, power failure, industrial dispute, inability to obtain materials or any other thing beyond the reasonable control of Fishserve.
8.2.2. Any reliance by a third party on information which the Licensee gives derived in whole or in part from information which it has obtained through the use of FRED.
8.2.3. Any breach by the Licensee of these terms and conditions.
8.3. The Licensee agrees to indemnify Fishserve and its agents against all claims, actions or proceedings for loss or damages arising from the Licensee’s use of FRED or of information derived from FRED.
9. Miscellaneous provisions
9.1. The Licensee acknowledges that FRED at all times remains the property of Fishserve and that its right to use FRED is limited to the rights set out in these terms and conditions.
9.2. The Licensee is put on notice that the raw data comprising the fisheries registers is reproduced by Fishserve with the permission of the New Zealand Government; copyright in this material belongs to the New Zealand Government;
9.3. This material as reproduced by Fishserve is not an official copy and the copyright in the format in which this material is owned by Fishserve and no part may be reproduced by any process except in accordance with this agreement and the provisions of the Copyright Act 1994.
9.4. Reports derived from FRED are not certified copies of register information for the purpose expressed in section 166 of the Fisheries Act 1996. Certified copies of the register are available from Fishserve on payment of a prescribed fee.
9.5. You agree that Fishserve is entitled to recover from you all costs, commissions, legal fees or otherwise, incurred in the recovery of any monies, goods or services that may be outstanding from you from time to time.
10. Termination
10.1. Fishserve may terminate the Licensee’s licence to use FRED if the Licensee is made bankrupt; or enters into a liquidation or any arrangement or composition with its creditors; or has a receiver appointed with respect to any of its assets; or becomes insolvent, or breaches any of these terms and conditions.
11. Applicable Law
11.1. These terms and conditions shall be governed by and construed in accordance with the laws of New Zealand and the courts of New Zealand shall have nonexclusive jurisdiction to determine any disputes arising under these terms and conditions.
12. Complete Agreement
12.1. No variation of these terms and conditions shall be binding on Fishserve unless it is in writing and issued by a duly authorised officer of Fishserve. These terms and conditions constitute the complete agreement between the Licensee and Fishserve with respect to the use by the Licensee of FRED.
13. Disclaimer
13.1. The Licensee acknowledges that Fishserve and/or the authors and/or the suppliers of the information contained in FRED disclaim any liability for the accuracy or completeness of the information contained in FRED.
14. Default
14.1. If the Licensee fails to pay any money due under these terms and conditions, Fishserve may terminate the Agreement after having given the Licensee not less than one week’s written notice of the default. If the Licensee is in default in any way under these terms and conditions apart from default resulting from the non-payment of money due under them, Fishserve may elect to terminate the Licensee’s licence to use FRED provided Fishserve has given the Licensee written notice of the default and it has not rectified the default within 30 days from the date of the notice.
15. Assignment
15.1. Nothing in this Agreement shall prevent Fishserve assigning its rights under this Agreement to any other party, and these terms and conditions shall remain binding on the Licensee in the event of any such assignment.
I acknowledge that any fees required are application fees and are not refundable.
I agree that this authority is subject to:
my bank's terms and conditions that relate to my account, and
the terms and conditions listed below.
I agree that the Initiator must give me at least 10 days prior notice of each direct debit, including the first direct debit in a series.
Changes to the amounts or dates of a series of direct debits require 30 days prior notice to me.
I can also agree with the Initiator to receive a same day notice for direct debits specifically requested by me.
All notices must be in writing, but can be delivered electronically, if I have agreed that with the Initiator.
I can also ask you to reverse a direct debit up to 120 days after the direct debit if:
I didn’t receive proper notice of the amount and date of the direct debit, or
I received notice but the amount or date of the direct debit is different from the amount or date on the notice.
If you dishonour a direct debit but the Initiator retries it within 5 business days of the original direct debit, I understand that the Initiator doesn’t need to notify me again about that direct debit.
The Initiator:
Undertakes to give notice to the Acceptor of the commencement date, frequency and amount at least 10 calendar days before the first Direct Debit is drawn (but no more than 2 calendar months). This notice will be provided in writing (including by electronic means and SMS where the Customer has provided prior written consent (by electronic means including SMS) to communicate electronically). Where the Direct Debit System is used for the collection of payments which are regular as to frequency, but variable as to amounts, the Initiator undertakes to provide the Acceptor with a schedule detailing the amount and each payment date. In the event of any subsequent change to the frequency or amount of the Direct Debits, the Initiator has agreed to give advance notice of at least 30 days before the changes comes into effect. This notice must be provided in writing (including by electronic means and SMS where the Customer has provided prior written consent (including by electronic means including SMS) to communicate electronically).
May, upon the relationship which gave rise to this Instruction being terminated, give notice to the Bank that no further Direct Debits are to be initiated under the Instruction. Upon receipt of such notice the Bank may terminate this Instruction as to future payments by notice in writing to me/us.'
The Customer may:
At any time, terminate this Instruction as to future payments by giving notice of termination to the Bank and to the Initiator by means agreed by the customer, Bank and Initiator.
Stop payment of any Direct Debit to be initiated under this Instruction by the Initiator by giving written notice to the Bank prior to the Direct Debit being paid by the Bank.
Where a variation to the amount agreed between the Initiator and the customer from time to time to be Direct Debited has been made without notice being given in terms of clause 1(a) above, request the Bank to reverse or alter any such Direct Debit initiated by the Initiator by debiting the amount of the reversal or alteration of a Direct Debit back to the Initiator through the Initiator’s Bank PROVIDED such request is made not more than 120 days from the date when the Direct Debit was debited to my/our account.
Request the Bank to reverse any Direct Debits initiated by the Initiator under the Instructions by debiting the amount of the Direct Debits back to the Initiator through the Initiator’s Bank where the Initiator cannot produce a copy of the Instructions and/or Confirmation to me/us that I/we are reasonably satisfied demonstrate that I/we have authorised my/our bank to accept Direct Debits from the Initiator against my/our account PROVIDED the request is made not more than 9 months from the date when the first Direct Debit was debited to my/our account by the Initiator under the Instructions.
The Customer acknowledges that:
This Instruction will remain in full force and effect in respect of all Direct Debits passed to my/our account in good faith notwithstanding my/our death, bankruptcy or other revocation of this Instruction until actual notice of such event is received by the Bank.
In any event this Instruction is subject to any arrangement now or hereafter existing between me/us and the Bank in relation to my/our account.
Any dispute as to the correctness or validity of an amount debited to my/our account shall not be the concern of the Bank except in so far as the Direct Debit has not been paid in accordance with this Instruction. Any other dispute lies between me/us and the Initiator.
Where the Bank has used reasonable care and skill in acting in accordance with this Instruction, the Bank accepts no responsibility or liability in respect of:
the accuracy of information about Direct Debits on Bank statements; and
any variations between notices given by the Initiator and the amounts of Direct Debits.
The Bank is not responsible for, or under any liability in respect of the Initiator's failure to give notice in accordance with 1(a) nor for the non-receipt or late receipt of notice by me/us for any reason whatsoever. In any such situation the dispute lies between me/us and the Initiator.
Notice given by the Initiator in terms of clause 1(a) to the debtor responsible for the payment shall be effective. Any communication necessary because the debtor responsible for payment is a person other than me/us is a matter between me/us and the debtor concerned.
The Bank may:
In its absolute discretion conclusively determine the order of priority of payment by it of any monies pursuant to this or any other Instruction, cheque or draft properly signed by me/us and given to or drawn on the Bank.
At any time terminate this Instruction as to future payments by notice in writing to me/us.
Charge its current fees for this service in force from time to time.
Declaration
The information I have given on this application is complete and correct.
I am authorised to complete this application and make this declaration.
I understand it is an offence under section 230(1) of the Fisheries Act 1996 to make any false or misleading statement in this application or omit any material information.
I have read and understand the Collection of Personal Information details supplied below.
I acknowledge that any fees required are application fees and are not refundable.
Collection of Personal Information
Your personal information is being collected to enable your application for a Licensed Fish Receivers licence, or application to amend or cancel your licence, to be processed.
The agency collecting and holding this information is Commercial Fisheries Services Limited (Fishserve) P O Box 297, Wellington, 6140.
The collection of this information is required under the Fisheries (Licensed Fish Receivers) Regulations 1997. It is not mandatory that you supply this information, but your application may not be processed if you do not provide all the information requested on this application.
You have the right to access and correct your personal information.
As set out in the Fisheries Act 1996 and the Fisheries (Registers) Regulations 2001, personal information will also be recorded on publicly available registers.
You may apply to Fishserve to prevent the display of your personal address on registers kept under the Fisheries Act 1996 if you consider that disclosure would be prejudicial to your personal safety or to the safety of your family.
Refer to our Privacy Policy for further information.
Declaration
The information I have given on this application is complete and correct.
I am authorised to complete this application and make this declaration.
I understand it is an offence under section 230(1) of the Fisheries Act 1996 to make any false or misleading statement in this application or omit any material information.
I have read and understand the Collection of Personal Information details supplied with this form.
Collection of Personal Information
Your personal information is being collected to enable your application to register or vary a Fish Farmer to be processed.
The agency collecting and holding this information is Commercial Fisheries Services Limited (Fishserve), PO Box 297, Wellington, 6140.
The collection of this information is required under section 186R and 186W of the Fisheries Act 1996. It is not mandatory that you supply this information, but your application may not be processed if you do not provide all the information requested on this application.
You have the right to access and correct your personal information.
As set out in the Fisheries Act 1996 and the Fisheries (Registers) Regulations 2001, personal information will also be recorded on publicly available registers.
You may apply to Fishserve to prevent the display of your personal address on registers kept under the Fisheries Act 1996 if you consider that disclosure would be prejudicial to your personal safety or to the safety of your family.
Refer to our Privacy Policy for further information.
Ka tautoko i ngā kaihao ki te whāngi i te ao hei ngā reanga hare rake nei