Fisheries (Remedial Issues) Amendment Act 2001

1: Title
1: This Act is the Fisheries (Remedial Issues) Amendment Act 2001.
2: In this Act, the Fisheries Act 1996 the principal Act
1: Preliminary provisions
2: Commencement
1: Sections 1 2 3 8 21 25 26 31 34
2: Sections 15 29
3: Sections 4 to 7 9 to 14 16 to 20 22 23 24 27 28 30 32 33
3: Interpretation
1: Section 2(1) tender either separately or
2: Section 2(1) transaction
b: in relation to any quota, a mortgage, variation of mortgage, discharge of mortgage, or assignment of mortgage over the quota:. .
2: Amendments relating to quota management system
4: Effect of reduction of total allowable commercial catch
Section 22(1) unencumbered owned by the Crown
5: Effect of increase in total allowable commercial catch
1: Section 23(3)(a) hold shares for that stock, which shares have been continuously held be registered on the Quota Register as the owner of shares for that stock, and those shares have been continuously owned
2: Section 23 subsection (4)
4: The amount of an eligible person's preferential allocation right must be reduced in accordance with the following formula: a – x c = d b where—
a: is the eligible person's current preferential allocation right for the stock (in kilogrammes)
b: is the total of all preferential allocation rights for the stock (in kilogrammes)
c: is the lesser of—
a: the amount of the increase in the total allowable commercial catch for the stock (in kilogrammes):
b: the total of all preferential allocation rights for the stock (in kilogrammes)
d: is the amount of the reduction in the eligible person's preferential allocation right (in kilogrammes).
4A: An eligible person's preferential allocation right expires if the amount of that right equals zero.
4B: An eligible person is not entitled to receive, in the aggregate under subsection (2) section 337
6: Alteration of quota management areas with agreement of quota owners
1: Section 25A(1) paragraph (e)
e: the quota owners have also notified their intention to seek an alteration to—
i: persons who are noted on the Quota Register as having an interest in the quota to which the proposed alteration relates; and
ii: parties to leases or transfers registered on the Transitional Register in respect of quota to which the proposed alteration relates.
2: Section 25A(2) paragraph (d)
d: the interests of aggrieved—
i: quota owners who hold quota shares to which the proposed alteration relates; and
ii: parties to leases or transfers registered on the Transitional Register in respect of quota to which the proposed alteration relates: .
7: Alteration of quota management areas without agreement of quota owners
Section 25B paragraph (d)
d: has also notified his or her intention to recommend the alteration of the quota management area or areas to—
i: persons who are noted on the Quota Register as having an interest in the quota to which the proposed alteration relates; and
ii: parties to leases or transfers registered on the Transitional Register in respect of quota to which the proposed alteration relates.
8: Effect of decision to alter provisional catch history
1: Section 52(3)(d)(ii) held and continue to hold owned and continue to be registered on the Quota Register as the owner of
2: Section 52(3)(d)(iii) held and continue to hold owned and continue to be registered on the Quota Register as the owner of
3: Section 52(4)(c)(ii) Continuously held and continue to hold continuously owned and continue to be registered on the Quota Register as the owner of
4: Section 52
7: For the purposes of this section, a person registered as the owner of provisional individual transferable quota by virtue of section 162
9: Minimum holdings of annual catch entitlement
Section 74(5) the requirements of subsection (1) of this section the requirements of subsection (1)
10: Fish carriers must be registered
Section 105(1)(a)(i) operator or notified user
3: Amendments relating to fishing vessel registration and high seas fishing
11: Application of this Part to tenders
Section 108 subsection (2)
2: A tender that complies with subsection (1)
12: Use of foreign vessels on high seas by New Zealand nationals
Section 113E subsection (1)
1: No New Zealand national may use a vessel that is not registered under the Ship Registration Act 1992
a: to take (by any method), on the high seas, any fish, aquatic life, or seaweed for sale, except in accordance with an authorisation issued by a state to which subsection (2)
b: to transport any fish, aquatic life, or seaweed taken on the high seas, unless that fish, aquatic life, or seaweed was taken in accordance with an authorisation issued by a state to which subsection (2)
4: Amendments relating to registration of transactions, documentation, and recordkeeping
13: Matters to be shown in Quota Register
Section s127(1)(k) subparagraph (v)
v: every assignment of the mortgage; and
vi: the time and date of discharge of the mortgage: .
14: Transfers of individual transferable quota
Section 132
4: Provisional individual transferable quota is not transferable except by operation of law.
15: New
section 138A The principal Act is amended by inserting, after section 138
138A: Assignment of mortgages
A mortgagee may assign to another person the mortgagee's rights, interests, and obligations under that mortgage by a memorandum of assignment in the approved form.
16: Discharge of mortgage
Section 146(1) shall endorse on the mortgage must execute
17: Priority according to time of registration
Section 158 subsection (2)
2: Regulations under section 297
18: Registration procedure
Section 159 subsection (2)
2: For the purposes of subsection (1)(c)
19: Procedure on application
Section 162
2: After registration under subsection (1)
3: This section overrides sections 132(1)(b), 133(1)(b), 136(2), and 148(1)
20: Compensation for mistake or wrongdoing of Registrar
1: The heading to section 171 of Registrar in keeping Quota Register
2: Section 171(1)(a) section 48 Fisheries Act 1996 Amendment Act 1999 a register under section 98 124 the Quota Register, in the exercise of functions connected with the keeping of the Quota Register
3: Section 171(1A) paragraphs (a) (b)
a: the Crown, if the register was kept by the chief executive at the relevant time; or
b: the approved service delivery organisation, if the functions, duties, and powers connected with the keeping of the register were performed or exercised by that organisation under section 296B .
21: Persons who are required to keep records and returns
Section 189 paragraph (b)
b: owners, caveators, and mortgagees of quota, and owners and caveators of annual catch entitlements: .
22: Disposal of fish by commercial fishers
Section 191(5)(d) section 18(3) Fisheries Act 1996 Amendment (No 2) Act 1999 before being brought into New Zealand
23: Restrictions on purchase or acquisition of fish by certain persons
Section 192(10)(b) before being brought into New Zealand
24: Certificates and official documents
Section 248(1)(a) contained or not contained
25: General regulations
Section 297(1) paragraph (q)
qa: prescribing, for the purposes of section 158(1) .
26: Application of
Commodity Levies Act 1990 Section 305 paragraph (b)
aa: if it is proposed that the levy will be imposed on the basis of 2 or more of the units of measurement in paragraphs (a)(i) to (iii) paragraph (a)(i) to (iii)
i: the Minister is satisfied that it is reasonable to convert to another unit of measurement; and
ii: the Minister is satisfied that the method of conversion is reasonable; and
iii: the method of conversion is stated in the ballot paper:
b: section 5(2)(af), and (ah) to (ak) of that Act
i: the quota shares:
ii: the value of the commodity:
iii: the greenweight or meatweight of the commodity:
iv: 1 or more units of measurement in paragraphs (i) to (iii) converted into another unit of measurement under paragraph (aa).
5: Amendments to savings and transitional provisions
27: Transitional provisions relating to decisions of Catch History Review Committee
Section 337(2)
d: is the sum of the amounts under item a for all persons to be allocated quota under this section.
28: Transitional provisions relating to allocation of annual catch entitlement
1: Section 340 section 73 Fisheries Act 1996 Amendment Act 1999 subsections (1) (2)
1: On the first day of the fishing year in which section 66 section 66
a: with a fishing year beginning on 1 October; and
b: to which section 28V(1) of the Fisheries Act 1983
2: As soon as practicable after the allocation under subsection (1) subsection (1) a — b = c where—
a: is the annual catch entitlement for the stock remaining unallocated in respect of that quota owner (in kilogrammes)
b: is the amount that was taken in excess of quota under the quota owner's quota under an authority given under section 28V(1) section 28V(2) of the Fisheries Act 1983 Fisheries (Catch Against Quota) Regulations 1993
c: is the amount of annual catch entitlement to be allocated to the quota owner and, if c is a negative number, then c must be read as zero kilogrammes.
2: Section 340(4) or, in the case of Foveaux Strait dredge oysters, to the nearest whole number of oysters
3: Section 340 subsection (7)
7: In respect of the allocation of annual catch entitlement in the first fishing year in which section 66
a: section 67
b: section 67A
29: New
section 340AA The principal Act is amended by inserting, after section 340
340AA: Exceptions to minimum holdings of annual catch entitlement for certain paua stocks
1: Despite section 74 section 340(1) section 347A(1)(a)
a: the amount of annual catch entitlement allocated or transferred; or
b: the minimum holding of annual catch entitlement for that stock specified in the Eighth Schedule
2: Subsection (1) section 66
a: the allocation of annual catch entitlement under section 340(2)
b: the transfer of annual catch entitlement under section 347(1)(b)
c: 15 November following the commencement of section 66
3: During the period specified in subsection (2) section 74(2) to 74(5) subsection (1)
30: Transitional provisions relating to underfishing
Section 340A subsection (1)
1A: The chief executive must increase or decrease the allocation under subsection (1)
a: beginning on the first day of the fishing year in which section 66
b: ending on the day before the commencement of section 66
1B: Subsection (1A)
a: with a fishing year beginning on 1 April; and
b: that have underfishing entitlements under section 28V(6) of the Fisheries Act 1983
31: Confirmation of quota
Section 341 subsection (5)
5A: The chief executive must also refuse to receive for registration (whether before or after the date notified under subsection (5) Part VIII
32: Conversion of holdings from old register to new register
1: Section 343 subsection (1)
1: On 1 October in the calendar year in which Part 8 of this Act
a: convert the individual transferable quota or provisional catch history owned by each person into quota shares in accordance with subsections (2) and (2A)
b: determine entitlements to quota shares on the part of the chief executive and the Commission under subsections (2B) and (2C)
c: record in the relevant Quota Register the number of quota shares owned by each person after applying paragraphs (a) and (b)
2: Section 343 subsection (2)
2A: If a stock has a total allowable commercial catch of zero tonnes, provisional catch history must be converted into shares according to the following formula: a — x 80,000,000 = c b where—
a: is the amount of provisional catch history allocated to the person under Part IV
b: is the total amount of provisional catch history held by all eligible commercial fishers
c: is the number of quota shares to which the quota owner is entitled for the stock concerned.
2B: After the conversion in subsection (2A)
2C: If a stock has a total allowable commercial catch of zero tonnes and no provisional catch history has been allocated under Part IV
3: Section 343 (as substituted by section 74 Fisheries Act 1996 Amendment Act 1999 subsection (3)
3: Despite anything in any other enactment or rule of law,—
a: the registration of quota shares under this section does not constitute an allocation of new quota; and
b: quota shares registered under this section have the same characteristics as quota allocated under section 47 Subsection (3) amended 1 October 2001 32 Fisheries Amendment Act 2001 by inserting, after the words principal Act (as substituted by section 74 of the Fisheries Act 1996 Amendment Act 1999)
33: Transitional register
1: Section 345 subsection (4)
4: A lease recorded in the Transitional Register, or any rights, interests, or obligations in respect of that lease, cannot be assigned.
2: Section 345 subsections (5) (6)
5: A reduction of term under subsection (3)
6: A reduction of term under subsection (3)
3: Section 345 subsection (7)
7A: A transfer or lease registered on the Transitional Register is cancelled if—
a: the total allowable commercial catch for the stock concerned is reduced to zero under section 20
b: the quota for the stock concerned is cancelled because of an alteration of a quota management area under section 25
7B: The chief executive must notify the parties to a transfer or lease registered on the Transitional Register if the lease or transfer is cancelled under this Part.
4: Section 345 subsection (8)
8A: The amount of quota or annual catch entitlement to which a lease or other arrangement relates must be reduced in the same proportion as the reduction in the quota holder's quota bears to the total quota shares of the holder immediately before the reduction.
8B: Subsection (8A)
a: a quota holder's quota is reduced under section 52
b: that person has entered into a lease or other arrangement recorded on the Transitional Register in relation to that quota; and
c: by virtue of that lease or other arrangement, another person is, or may become, entitled to acquire an amount of quota shares outright under section 348 section 347
34: Section 346 Section 346
35: Provisions relating to registration of leases
1: Section 347 subsection (3)
3: The chief executive must cancel registration of the lease and any sublease and not transfer any annual catch entitlement if—
a: the lessor does not own an amount of annual catch entitlement equal to, or in excess of, the amount of quota that is subject to the lease or sublease (as recorded in the Transitional Register); or
b: a caveat is registered over an amount of the lessor's annual catch entitlement preventing the transfer of an amount of annual catch entitlement equal to, or in excess of, the amount of quota that is subject to the lease or sublease (as recorded in the Transitional Register).
2: Section 347(4) subsection (2) subsection (1) (2)
3: Section 347 subsections (5) (6)
5: A transfer of annual catch entitlement under this section must be actioned in the order specified in regulations made under section 297(1)(sa)
4: The Fisheries (Remedial Issues) Amendment Act 1998 section 28
36: Provisions relating to allocation of annual catch entitlement under leases in first fishing year
1: The heading to section 347A allocation transfer
2: Section 347A(1) allocated transferred
3: Section 347A subsection (1)
1A: Subsection (1)
a: item a is to be read as if it refers to the further amount of annual catch entitlement that is transferred to the sublessor under subsection (1)(b)
b: item c is to be read as if it refers to the amount of individual transferable quota that is subject to the lease from which the sublease derives directly.
4: Section 347A(2) an allocation a transfer
5: section 347A
3: This section applies only to leases in relation to stocks to which section 340
37: Special provisions relating to stocks with fishing year beginning on 1 April
1: Section 351(1)(a) in accordance with that section of this Act and allocated in the manner provided under section 67
2: Section 351(1)(b) in accordance with that section and allocated under section 67
38: Expiry of
section 354 Section 355(b) the 30th day of September 2002 1 October 2002
39: Transitional offences and penalties
Section 361(1) section 16(6) or section 113A(2)
40: Foveaux Strait dredge oyster fishery subject to quota system
1: Section 368A(6)(a) alter increase
2: Section 368A(6)(b) altered increased
41: Consequential amendment to
Fisheries (Foveaux Strait Dredge Oyster Fishery) Amendment Act 1998 Section 6(3) Fisheries (Foveaux Strait Dredge Oyster Fishery) Amendment Act 1998 paragraph (a)