(1) The observer programme is established for the purposes of— (a) collecting reliable and accurate information for fisheries research, fisheries management, and fisheries enforcement: (b) collecting reliable and accurate information about vessel safety and employment on fishing vessels: (c) collecting reliable and accurate information about compliance with maritime rules relating to pollution and the discharge of waste material from vessels. (2) The chief executive may appoint any person to be an observer for the purposes of the observer programme under subsection (1), and an observer so appointed has all the powers of an observer under sections 225 and 227. (3) The chief executive may place any observer appointed under this section on any vessel to— (a) observe fishing and the transhipment, transportation, and landing of fish, aquatic life, or seaweed; and (b) collect reliable and accurate information specified in subsection (1). (4) An observer may collect any information on fisheries resources, fishing (including catch and effort information), the effect of fishing on the aquatic environment, and the transportation of fish, aquatic life, or seaweed, or on any other matter, including— (a) the species, quantity, size, age, and condition of fish, aquatic life, or seaweed taken: (b) the methods by which, the areas in which, and the depths at which, fish, aquatic life, or seaweed are taken: (c) the effects of fishing methods on fish, aquatic life, seaweed, and the aquatic environment (including seabirds and protected species): (d) all aspects of the operation of any vessel (including any matter relating to vessel safety, the employment of any person on the vessel, or maritime rules relating to pollution and the discharge of waste material from vessels): (e) processing, transportation, transhipment, storage, or disposal of any fish, aquatic life, seaweed, waste, or any other matter: (f) any other matter that may assist the chief executive or the Minister to obtain, analyse, or verify information for the purposes of fisheries research, fisheries management, and fisheries enforcement: (g) any other matter that may assist any person, department, or agency with statutory responsibilities for vessel safety, employment matters, or maritime rules relating to pollution and the discharge of waste material from vessels to obtain, analyse, or verify information relevant to those responsibilities. (5) No fishery officer or any person with the powers of a fishery officer shall be appointed under subsection (2). (6) No person shall be deemed to be employed in the service of the Crown by reason of that person having been appointed as an observer.

(1) Before placing any observer on a vessel, the chief executive shall give the owner, master, operator, or licence holder, of or in respect of the vessel, reasonable notice of his or her intention to place observers on the vessel. (2) Upon receipt of a notice given under subsection (1), no person shall cause or allow the vessel to which the notice relates to put to sea without having on board the number of observers specified in the notice given under that subsection. (3) Every person commits an offense and is liable to the penalty set out in section 252(3) who contravenes subsection (2). (4) For the purposes of this section, the term reasonable notice means a notice in writing that specifies a date, not earlier than 5 days after the date of service of the notice, on or after which the vessel is not to be put to sea without having on board the specified number of observers; or such other period or type of notice as may be agreed between the chief executive and the owner, master, operator, or licence holder.

(1) The owner, master, or operator of any vessel, or licence holder in respect of any vessel, on which an observer is placed under this Part shall allow the observer, at any reasonable time, having regard to the operations of the vessel, to— (a) have access to the fishing gear and the storage and processing facilities on the vessel: (b) have access to any fish, aquatic life, or seaweed (including seabirds and protected species) on board the vessel: (c) have access to the bridge and the navigation and communications equipment of the vessel: (d) have access to the logs and records of the vessel, whether required to be carried and maintained by or under this Act or otherwise: (da) have access to any safety equipment and to any document concerning the manufacture or operation of the equipment: (db) have access to any person engaged or employed to do work on the vessel so that, if the observer so wishes, the observer may discuss with that person any matter concerning his or her engagement or employment on the vessel: (e) receive and transmit messages and communicate with the shore and other vessels: (f) take, measure, and retain samples or whole specimens of any fish, aquatic life, seaweed, or any seabird or protected species caught: (g) store samples and whole specimens on the vessel, including samples and whole specimens held in the vessel’s freezing facilities. (2) Every person on board a vessel on which there is an observer commits an offense, and is liable to the penalty set out in section 252(3), who— (a) fails to provide reasonable assistance to enable the observer to exercise powers under subsection (1); or (b) hinders or prevents the observer exercising those powers.

(1) The owner, master, or operator of any vessel, or licence holder in respect of any vessel, on which an observer is placed under this Part shall provide food, accommodation, and access to any cooking and toilet facilities and amenities to an approved standard and free of charge. (2) Every person commits an offense and is liable to the penalty set out in section 252(5) who contravenes or fails to comply with subsection (1).

(1) If an observer is on board a vessel— (a) from which, or to which, any fish, aquatic life, or seaweed are transhipped; or (b) from which any fish, aquatic life, or seaweed subject to the quota management system are returned to or abandoned in the sea; or (c) in respect of which any conversion factor certificate may be or has been given under section 188(2); or (d) which is taking or has taken fish, aquatic life, or seaweed outside New Zealand fisheries waters,— the master of the vessel or, in the case of transhipment, the master of each vessel, shall provide such information, and shall allow the observer to carry out such inspections (including sampling and measuring) of the vessel, any fish, aquatic life, or seaweed, taken, processed, transhipped, or landed, and documents, as the observer may require for the purpose of— (e) observing the transhipment, abandonment, or return to sea; or (f) collecting information on the method of processing, and performance of the vessel in undertaking such processing, in order to determine or monitor any conversion factor; or (g) observing the fishing activities of the vessel and the landing and disposal of its catch; or (h) taking, measuring, and retaining samples or whole specimens of any fish, aquatic life, seaweed, seabirds, or protected species caught. (2) An observer may take and make copies of such records, documents, or information as the observer may require for the purposes of subsection (1). (3) An observer may store in the vessel’s freezing facilities such samples and whole specimens of any fish, aquatic life, seaweed, seabirds, or protected species as the observer may require for the purposes of subsection (1). (4) Every person commits an offense and is liable to the penalty set out in section 252(3) who contravenes or fails to comply with subsection (1).

(1) The chief executive may require, in relation to any vessel, that specified equipment to observe fishing and related activities described in paragraph (e) of the definition of fisheries services in section 2(1) be installed and maintained on the vessel in accordance with regulations made under section 297(1)(ca). (2) Subsection (1) includes power to require that specified equipment be operated throughout or at any time during a vessel’s voyage.