Fisheries Act 1996 Amendment Act 1999

1: Short Title and commencement
1: This Act may be cited as the Fisheries Act 1996 Amendment Act 1999, and is part of the Fisheries Act 1996 the principal Act
2: This section and sections 2 to 8 11 to 16 64 to 72 77 to 83 85 to 90 Schedules
3: Sections 17 to 21
4: The other provisions of this Act come into force on a date to be appointed by the Governor-General by Order in Council; and 1 or more Orders in Council may be made appointing different dates for different provisions and for different purposes.
5: Section 1 subsection (2)
2A: Despite subsection (2), sections 56, 57, 58, 62, and 358
1: Amendments to principal Act
2: Interpretation
1: Section 2(1) annual catch entitlement section 67 or section 68 of this Act any of sections 67, 67A, 68, 340, and 340A
2: Section 2(1) Approved service delivery organisation section 296B Beach cast seaweed Conservation services Conservation Act 1987
a: Research relating to those effects on protected species:
b: Research on measures to mitigate the adverse effect of commercial fishing on protected species:
c: The development of population management plans under the Wildlife Act 1953 Marine Mammals Protection Act 1978 Financial year Fisheries services Fisheries Act 1983 Marine Farming Act 1971
a: The management of fisheries resources, fishing and fish farming:
b: The enforcement of provisions relating to fisheries resources, fishing, and fish farming:
c: Research relating to fisheries resources, fishing, and fish farming, including stock assessment and the effects of fishing on the aquatic environment:
d: The performance or exercise, by the Minister or the chief executive or any other person, of a function, duty, or power conferred or imposed relative to fisheries resources, fishing, or fish farming: Infringement fee section 297(1)(nc) Infringement offence section 297(1)(na) Long-term viability Multi-species stock Outputs Overseas person section 2(1) of the Overseas Investment Act 1973 Specified functions, duties, or powers section 296A Standards and specifications section 296O .
3: Section 2(1) chief executive any section 296C
4: Section 2(1) deemed value amount deemed value rate Deemed value Deemed value amount section 76 Deemed value rate section 75 .
5: Section 2(1) paragraph (b) individual transferable quota
b: Quota that becomes individual transferable quota under section 49(3)
ba: Individual transferable quota allocated under Part 2A of the Fisheries Act 1983 section 343 .
6: Section 2(1) Registrar
7: Section 4
3: Meaning of
associated person Section 3(1)
a: By inserting, after the words this Act (other than sections 78, 79, and 91
b: By inserting in paragraph (a) control (whether direct or indirect)
c: By inserting in paragraph (b) control (whether direct or indirect)
d: By omitting from paragraph (c) estate or
4: Meaning of
associated person The principal Act is amended by inserting, after section 3
3A:
1: For the purposes of sections 78, 79, and 91
a: The interest of 1 of the persons in any fishing is subject to the effective control (whether direct or indirect) of the other; or
b: The interest of both persons in any fishing is subject to the effective control (whether direct of indirect) of another person.
2: Without limiting the generality of subsection (1)
a: Shareholdings in, debentures over or directorships of, any company that has an interest (whether direct or indirect) in the fishing; and
b: Any trust that has a relationship to the fishing; and
c: Family, domestic, and business relationships between—
i: Persons having an interest in the fishing or in companies of the kind referred to in paragraph (a) paragraph (b)
ii: Any other persons.
3: For the purposes of this section, unless the contrary is proven, person A is deemed to be subject to the effective control of person B in relation to fishing if person A is, in relation to that fishing,—
a: Accustomed to following the instructions of person B; or
b: Accustomed to acting in a manner consistent with advancing the interests of person B; or
c: A company and person B holds—
i: The right to exercise or control the exercise of 25% or more of the voting power at any meeting of the company; or
ii: 25% or more of any class of shares in the company.
4: Despite subsections (1) to (3)
a: The Commission is not associated with any other person; and
b: A person is not associated with any other person merely because either or both of those persons are associated with the Commission.
5: A bank registered under the Reserve Bank of New Zealand Act 1989
5: Sustainability measures
1: Section 11 subsection (2)
2A: Before setting or varying any sustainability measure under this Part or making any decision or recommendation under this Act to regulate or control fishing, the Minister must take into account—
a: Any conservation services or fisheries services; and
b: Any relevant fisheries plan approved under this Part; and
c: Any decisions not to require conservation services or fisheries services.
2: Section 11(4) paragraph (b)
b: Implement any sustainability measure or the variation of any sustainability measure, as set or varied under subsection (1)
i: By notice in the Gazette
ii: By recommending the making of regulations under section 298
6: Fisheries plans
The principal Act is amended by inserting, after section 11
11A:
1: The Minister may from time to time approve, amend, or revoke a fisheries plan.
2: A fisheries plan approved under subsection (1)
3: Without limiting anything in subsection (2)
a: Fisheries management objectives to support the purpose and principles of the Act:
b: Strategies to achieve fisheries management objectives, which may include—
i: Sustainability measures set or varied under any of sections 11, 13, 14, and 15
ii: Rules to manage the interaction between different fisheries sectors:
c: Performance criteria to measure the achievement of the objectives and strategies:
d: Conservation services or fisheries services:
e: Contingency strategies to deal with foreseeable variations in circumstances.
4: Nothing in this section prevents the Minister from considering a proposal under Part IX
7: Consultation
1: Section 12(1)
a: By inserting, after the expression 11(1), 11(4), 11A(1),
b: By inserting, after the expression 14(6), 14B(1),
c: By inserting, after the expression 14(8) or section 14A(1)
2: Section 12(2) measure, or after approving, amending, or revoking any fisheries plan,
8: New sections inserted
The principal Act is amended by inserting, after section 14
14A: Alternative total allowable catch for stocks specified by Order in Council
1: The Governor-General may from time to time, by Order in Council made on the recommendation of the Minister with the concurrence of the Minister responsible for the administration of the Environment Act 1986 section 14B
2: No recommendation relating to any stock may be made under subsection (1) proposers subsection (1)
3: A proposal made under subsection (2)
a: Specify the concerns (if any) of the quota owners who do not support the proposal; and
b: Specify what arrangements are in place to address those concerns; and
c: Address the matters specified in subsection (4)
4: In considering making a recommendation under subsection (1)
a: The need to commission appropriate research to assess the impact of the order on the stock; and
b: The need to implement measures to improve the quality of information about the stock; and
c: Whether it is appropriate to close areas to commercial fishing to reduce any sustainability risk to that stock; and
d: The need to avoid any significant adverse effects on the aquatic environment of which the stock is a component.
5: No recommendation may be made under subsection (1) subsection (2)
a: The stock is taken primarily as an incidental catch during the taking of 1 or more other stocks and is only a small proportion of the combined catch of the stock and other stock or stocks; and
b: The total benefits of managing the stock at a level other than that permitted under section 13
c: Managing the stock at a level other than that permitted under section 13
d: The stock is able to be maintained above a level that ensures its long-term viability; and
e: The purpose of the Act would be better achieved by setting a total allowable catch otherwise than in accordance with section 13
14B: Alternative total allowable catch for certain stocks
1: Despite section 13 Gazette
2: Subject to subsection (3) subsection (1)
3: The Minister must set a total allowable catch that maintains the stock above a level that ensures its long-term viability.
4: When setting a total allowable catch under subsection (1)
5: Every total allowable catch set under subsection (1) subsection (6)
6: The Minister may from time to time, by notice in the Gazette subsection (1)
7: Without limiting subsection (1) or subsection (6)
8: The setting or variation of a total allowable catch under this section has effect on and from the first day of the next fishing year for the stock concerned.
14C: Stock may be declared no longer subject to section 14B
1: The Governor-General may from time to time, by Order in Council made on the recommendation of the Minister, declare that section 14B
2: If an order under subsection (1) section 13 or section 14
9: Matters to be included in notice under
section 18
1: Section 19(3) separate populations of any species that occur any species
2: Section 19(4) subsections (5) and (6) of this section subsections (5), (5A), and (6)
3: Section 19(5)(b) of a quota management area
4: Section 19 subsection (5)
5A: Without limiting subsection (5)(c) section 18 section 36 or section 41
5: Section 19 subsection (7)
7: Before making a declaration under section 18 subsection (5A) subsection (1)
8: Before making a declaration under section 18
10: New sections substituted
The principal Act is amended by repealing sections 25 26
25: Alteration of quota management areas
1: The Governor-General may from time to time, by Order in Council made on the recommendation of the Minister,—
a: Alter a quota management area or quota management areas—
i: By dividing an area into smaller quota management areas; or
ii: By amalgamating a quota management area (or defined area or areas within a quota management area) with any adjoining quota management areas (or defined area or areas within any adjoining quota management area); or
iii: By dividing a multi-species stock into 2 or more stocks; or
iv: By amalgamating 2 or more quota management stocks; or
v: By doing any combination of those things:
b: In relation to quota for squid in a quota management area being altered under this section, remove any method restriction applying to that quota:
c: Amend the First Schedule paragraph (a)
2: The Minister may make a recommendation under subsection (1)
a: The Minister complies with section 25A
b: The Minister complies with section 25B paragraph (a)
3: Before recommending the alteration of any quota management area under subsection (1)
a: Have regard to—
i: Non-commercial fishing interests in the affected area; and
ii: The biological characteristics of each stock that would be affected by the recommendation; and
iii: Such other matters as the Minister considers relevant; and
b: Consult the persons and organisations considered by the Minister to be representative of those classes of persons having an interest in the relevant quota management area, including Maori, recreational, commercial and environmental interests; and
c: Provide for the input and participation of tangata whenua who have—
i: A non-commercial interest in the stock or stocks concerned; or
ii: An interest in the effects of fishing on the aquatic environment in the area or areas concerned; and
d: For the purpose of paragraph (c)
4: The Minister's recommendation under subsection (1) section 25A section 25B
5: Every Order in Council made under subsection (1)
a: Comes into force on the commencement of the first day of the fishing year to which it relates; and
b: Must be made no fewer than 90 days before it comes into force.
6: When an Order in Council is made under subsection (1)
a: A memorial is recorded in the appropriate register against all quota for any stock affected by the alteration; and
b: The memorial is to the effect that the stock will be affected by the alteration.
25A: Alteration of quota management areas with agreement of quota owners
1: The Minister may not recommend the alteration of any quota management area under section 25(1) section 25(2)(a)
a: The purpose of this Act would be achieved better by altering the quota management area or areas; and
b: The alteration would not unduly prejudice any quota owner who—
i: Owns quota shares for the stock or stocks in the quota management area or areas concerned; and
ii: Is opposed to the alteration; and
c: An agreement that, in the Minister's opinion, satisfactorily addresses the matters set out in subsection (2)
d: The quota owners have publicly notified their intention to seek an alteration of the quota management area or areas; and
e: The quota owners have also notified their intention to seek an alteration to all persons who are noted on the Quota Register as having an interest in the quota to which the proposed alteration relates.
2: The agreement must provide for all of the following matters:
a: The boundaries of the proposed quota management area or quota management areas:
b: The species that comprise the stock or stocks after the proposed alteration:
c: The manner in which quota shares are to be apportioned after the alteration:
d: The interests of any aggrieved quota owner who holds quota shares in any area affected by the proposed alteration:
e: In the case of any alteration to a quota management area or quota management areas for squid, whether any method restriction applying to squid quota should be removed:
f: Any other matter required by the Minister to be addressed.
3: The agreement must include provisions to resolve any grievance of a quota owner who holds quota shares in any area affected by the proposed alteration only if required by the Minister.
25B: Alteration of quota management areas without agreement of quota owners
The Minister may recommend the alteration of any quota management area under section 25(1) section 25(2)(a)
a: Has approved a plan that provides for all of the following matters:
i: The boundaries of the proposed quota management area or areas:
ii: The species that comprise the stock or stocks after the alteration:
iii: The manner in which quota shares are to be apportioned after the alteration:
iv: In the case of any alteration to a quota management area or areas for squid, whether any method restriction applying to squid quota should be removed; and
b: Is satisfied having considered alternative options, that the alteration as specified in the plan is necessary to ensure sustainability; and
c: Has publicly notified his or her intention to recommend the alteration of the quota management area or areas; and
d: Has also notified his or her intention to recommend the alteration of the quota management area or areas to all persons who are not on the Quota Register as having an interest in the quota to which the proposed alteration relates.
26: Effect on quota if quota management area altered
1: This section applies if an order is made under section 25
2: Subject to sections 43 and 52
a: In accordance with the agreement referred to in section 25A section 25B
b: In the form in which the quota was held immediately before the alteration takes effect.
3: The chief executive must, as soon as practicable after the order is made, cause every quota owner affected by the alteration—
a: To be notified of the number of quota shares (if any) allocated to that person for each new stock and of any other relevant matters; and
b: To be given a schedule setting out the allocation of quota shares to all other quota owners for each new stock.
4: On the close of the last day of the fishing year before the fishing year in which the alteration takes effect, all existing quota affected by an alteration under section 25
5: All preferential allocation rights held under section 23 subsection (2)
6: This section does not confer on the Commission any entitlement to any further allocation quota under section 14
11: Manner of calculating provisional catch history
The principal Act is amended by repealing section 31
31:
1: For the purposes of allocating quota, provisional catch history must be calculated,—
a: In the case of any stock controlled exclusively, as at the date of the publication of the relevant notice made under section 18 section 40
b: In the case of any other stock, in accordance with section 34
2: Despite this section and section 39
12: New sections inserted
The principal Act is amended by inserting, after section 32
32A: Application of Part IV to estate of deceased fishing permit holder
1: Subsections (2) and (3) section 63A of the Fisheries Act 1983 section 93A of this Act
2: The deceased's estate must be treated as the holder of the fishing permit for the purposes of this Part.
3: Where this Part requires that a person, at the date of publication of a notice under section 18
32B: Expiry of section 32A
Section 32A
13: Amendment of notification of eligibility to receive provisional catch history
The principal Act is amended by inserting, after section 35
35A:
1: If the Minister amends a declaration under section 19(5A)
a: Decide or determine the matters in section 35(1)
b: Revoke a notice issued under section 35(2)
c: Revoke a notice published under section 35(3)
d: Issue a new notice under section 35(2)
e: Publish a new notice under section 35(3)
2: If the chief executive revokes a notice under subsection (1)(b)
a: The chief executive must notify, in writing, the person who was issued the notice of—
i: The revocation; and
ii: The reasons for the revocation; and
b: All objections lodged under section 35(4)
3: If the chief executive revokes a notice under subsection (1)(c)
a: The chief executive must publicly notify—
i: The revocation; and
ii: The reasons for the revocation; and
b: All notifications received under section 35(5)
14: Transfer of provisional catch history
Section 37(1)(b) a current fishing permit holder eligible to receive quota for the stock under section 45
15: Criteria of eligibility to receive provisional catch history for stock controlled by individual catch entitlements
1: Section 39(1) If Subject to subsection (1A)
2: Section 39 subsection (1)
1A: Where a commercial fisher was authorised to take fish, aquatic life, or seaweed controlled by individual catch entitlement under a fishing permit to which section 63A of the Fisheries Act 1983 section 93A of this Act
16: Criteria of eligibility to receive quota
1: Section 45(a)(ii) ; and ; or
2: Section 45(a)
iii: The estate of a fishing permit holder to which section 32A
17: Quota or annual catch entitlement not to be allocated to overseas persons
1: Section 56(1) Minister and the Minister for the time being responsible for the administration of the Overseas Investment Act 1973
2: Section 56(2) The Minister Those 2 Ministers acting jointly
3: Section 56(3) , unless those overseas persons and any other overseas persons have the right to exercise or control the exercise of 40 percent or more of the voting power at a meeting of that person or are able to appoint of control the appointment of 40 percent of the board of directors (or other persons or body exercising powers of management, however described) of that person
18: Minister may permit acquisition or continued holding of quota by persons to whom section 56 applies
1: Section 57(2) to (4) Minister and the Minister for the time being responsible for the administration of the Overseas Investment Act 1973
2: Section 57(3) approved form (if any)
3: Section 57(4)(b)(iii) thinks think
4: Section 57
5: Every report given under section 11A of the Overseas Investment Act 1973 subsection (3)
5: Section 57(6)
a: By inserting, after the word Minister and the Minister for the time being responsible for the administration of the Overseas Investment Act 1973
b: By omitting the words he or she thinks they think
19: Administration of
sections 56 57
1: The principal Act is amended by inserting, after section 57
57A: Sections 56 and 57 Overseas Investment Act 1973
2: Subsection (2) repealed 1 October 2001 8 Fisheries Amendment Act 2001
20: Quota or annual catch entitlement owned by overseas persons to be forfeit
Section 58(1) section 57(2) of this Act section 57(3)
21: Provisions relating to forfeit property
Section 62
a: By inserting in subsection (3) occurred or within such further period before the property has been disposed of as the Court may allow
b: By omitting from subsection (7) Subject to subsections (8) and (9) of this section Having
c: By repealing subsections (9) (10)
22: New heading and section substituted
The principal Act is amended by repealing sections 63 64 section 63 Order of transactions
63: Order of transactions
If any regulations made under section 297(1)(sa)
23: Allocation of annual catch entitlement
1: Section 67 subsection (1)
1: On the first day of each fishing year, the chief executive must allocate to each quota owner the person's annual catch entitlement for any quota management stock that has been generated under section 66
2: Section 67 subsections (2) (2A) (3) (4)
3: Section 67 subsection (2B)
2B: If between the beginning of a fishing year and the beginning of the Foveaux Strait dredge oyster season in that year there is an increase in the total allowable commercial catch for Foveaux Strait dredge oysters,—
a: The chief executive must calculate the amount of annual catch entitlement that each person would have received under subsection (1) section 66
b: The chief executive must, on or before the first day of the Foveaux Strait dredge oyster season, allocate to each person who receives an amount of annual catch entitlement under subsection (1) a – b = c where—
a: is the amount calculated under paragraph (a)
b: is the amount of annual catch entitlement allocated to the person under subsection (1)
c: is the amount of annual catch entitlement to be allocated under this subsection.
4: Section 67(6) Subject to subsection (3) of this section Any
24: New sections inserted
The principal Act is amended by inserting, after section 67
67A: Allocation of additional annual catch entitlement in case of underfishing
1: As soon as practicable after the 15th day after the end of the fishing year for each stock ( the first fishing year
a: The annual catch entitlement for that stock (other than annual catch entitlement created under section 68
b: The reported catch (if any) for that stock, calculated in accordance with regulations made for that purpose under section 297
2: If the amount of annual catch entitlement referred to in subsection (1)(a) subsection (1)(b)
a: Calculate the difference between that annual catch entitlement and that reported catch; and
b: Subject to subsection (5) the second fishing year
i: The amount calculated under paragraph (a)
ii: 10% of the amount of annual catch entitlement referred to in subsection (1)(a)
3: This section does not apply to—
a: A stock listed in Schedule 5A
b: A stock for which the total allowable commercial catch at the beginning of the second fishing year is less than the total allowable commercial catch applying at the close of the first fishing year.
4: The chief executive must allocate annual catch entitlement under this section as soon as practicable after the 15th day after the end of the first fishing year.
5: The amount of annual catch entitlement allocated under subsection (2)
6: Any annual catch entitlement allocated under subsection (2)
a: Is in addition to any annual catch entitlement generated under section 66 section 68
b: Has effect for all purposes under this Act on and from the date of the allocation.
7: The chief executive must, as soon as practicable after allocating any annual catch entitlement under subsection (2)
a: Notify every person to whom annual catch entitlement has been allocated under this section of the amount of annual catch entitlement allocated to that person; and
b: Ensure that the amount of annual catch entitlement allocated is registered on the Annual Catch Entitlement Register.
67B: Amendments to
Schedule 5A
1: The Governor-General may from time to time, by Order in Council made on the recommendation of the Minister, amend Schedule 5A
a: Adding 1 or more stocks to that schedule:
b: Omitting 1 or more stocks from that schedule.
2: An Order in Council made under subsection (1)
3: Before recommending the making of an Order in Council under subsection (1)
25: Minimum holdings of annual catch entitlement
1: Section 74 subsection (1)
1: No commercial fisher may take any stock listed in the Eighth Schedule
2: Section 74(3) or paragraph (ca)
3: Section 74 subsections (6) (11)
4: Section 74 subsections (7) (8) (9)
7: Subject to subsections (8) and (9) Eighth Schedule
a: Adding 1 or more stocks to that schedule:
b: Omitting 1 or more stocks from that schedule:
c: Specifying a minimum holding of annual catch entitlement for any stocks being added to that schedule:
d: Increasing or reducing a minimum holding of annual catch entitlement for any stocks listed in that schedule.
8: An Order in Council made under subsection (7)
9: No Order in Council may be made under subsection (7)
9A: The Minister may make a recommendation under subsection (9)
a: On the Minister's own initiative; or
b: On request by quota owners who hold in the aggregate at least 75 000 000 quota shares in that stock.
9B: A request under subsection (9A)(b)
a: Specify the concerns (if any) of the quota owners who do not support the proposal; and
b: Specify what arrangements are in place to address those concerns.
5: Section 74 subsection (12)
12: If a person contravenes subsection (1) or subsection (2) section 252(5)
26: New sections substituted
The principal Act is amended by repealing section 75
75: Minister to set deemed value rates
1: For each quota management stock, the Minister must, by notice in the Gazette
2: In setting an interim deemed value rate or an annual deemed value rate, the Minister—
a: Must take into account the need to provide an incentive for every commercial fisher to acquire or maintain sufficient annual catch entitlement in respect of each fishing year that is not less than the total catch of that stock taken by that commercial fisher; and
b: May have regard to—
i: The desirability of commercial fishers landing catch for which they do not have annual catch entitlement; and
ii: The market value of the annual catch entitlement for the stock; and
iii: The market value of the stock; and
iv: The economic benefits obtained by the most efficient commercial fisher, licensed fish receiver, retailer, or any other person from the taking, processing, or sale of the fish, aquatic life, or seaweed, or of any other fish, aquatic life, or seaweed that is commonly taken in association with the fish, aquatic life, or seaweed; and
v: The extent to which catch of that stock has exceeded or is likely to exceed the total allowable commercial catch for the stock in any year; and
vi: Any other matters that the Minister considers relevant.
3: The Minister must set annual deemed value rates for a stock that are greater than interim deemed value rates set for that stock.
4: The Minister may set different annual deemed value rates in respect of the same stock which apply to different levels of catch in excess of annual catch entitlement.
5: The Minister may set an interim deemed value rate and an annual deemed value rate in respect of fish, aquatic life, or seaweed landed and received by a licensed fish receiver in the Chatham Islands that is different from the deemed value rate set in respect of fish, aquatic life, or seaweed of the same stock landed and received by a licensed fish receiver elsewhere.
6: The Minister must not—
a: Have regard to the personal circumstances of any individual or class of person liable to pay the deemed value of any fish, aquatic life, or seaweed; or
b: Set separate deemed value rates in individual cases— when setting an interim deemed value rate or an annual deemed value rate.
7: Any interim or annual deemed value rate set under this section may be varied by the Minister in the same manner, and any rate set or varied under this section takes effect on the first day of the next fishing year for the stock concerned.
75A: Requirement to consult in relation to deemed values
Before setting any interim deemed value rate or annual deemed value rate under section 75
75B: Limitation period for challenges to deemed values
1: A court must not hear or determine, and no person may make or commence, an application or other proceeding in respect of a decision or purported decision of the Minister to set an interim deemed value rate or an annual deemed value rate unless the application is, or the proceedings are, made or commenced within 3 months after the date on which the decision, or purported decision, is notified in the Gazette
2: This section applies despite any other enactment or rule of law.
27: Catch to be counted against annual catch entitlement
1: Section 76 subsection (1)
1: In this section and in sections 78, 79, and 80 commercial fisher
1A: As soon as practicable after the 15th day of each month (other than the first month) of every fishing year, the chief executive must, in accordance with regulations made for that purpose under section 297
a: Compare—
i: The annual catch entitlement for each stock (if any) for the fishing year owned by that commercial fisher as at the close of the 15th day of that month; and
ii: The reported catch for that stock (in kilogrammes) calculated in accordance with regulations made for that purpose under section 297
b: Calculate, in respect of each stock, whether that commercial fisher's annual catch entitlement referred to in paragraph (a)(i) paragraph (a)(ii)
1B: As soon as practicable after the 15th day after the end of the fishing year for each stock, the chief executive must, in accordance with regulations made for that purpose under section 297
a: Compare
i: The annual catch entitlement for each stock (if any) for the relevant fishing year owned by that commercial fisher as at the close of the 15th day after the end of the fishing year; and
ii: The reported catch for that stock (in kilogrammes), calculated in accordance with regulations made for that purpose under section 297
b: Calculate, in respect of each stock, whether that commercial fisher's annual catch entitlement referred to in paragraph (a)(i) paragraph (a)(ii)
2: Section 76(2)
a: By omitting the words subsection (1) of this section subsection (1A)
b: By inserting, after the words the amount of interim
3: Section 76 subsection (2)
2A: Subject to subsection (2B) subsection (1B) section 297
2B: In calculating the amount of annual deemed value to be demanded from a commercial fisher, the chief executive must credit the commercial fisher with interim deemed value amounts demanded in respect of the relevant stock in the relevant fishing year (other than demanded amounts that have been remitted under subsection (2)
2C: For the sole purpose of determining an appropriate annual deemed value under this section, if a fisher to whom subsection (1B) section 75(4)
4: Section 76(3)
a: By inserting after the words amount of interim
b: By inserting in paragraph (b) year and within the time limit specified in section 134
c: By repealing paragraph (c)
5: Section 76 subsection (3)
3A: A demand for an amount of annual deemed value made by the chief executive under this section must be satisfied by payment of the sum of money so demanded.
28: New sections substituted
1: The principal Act is amended by repealing sections 77 78
77: Over-fishing thresholds
1: The Governor-General may from time to time, by Order in Council made on the recommendation of the Minister,—
a: Specify quota management stocks to which over-fishing thresholds apply:
b: Set over-fishing thresholds for those stocks:
c: Specify, for each of those stocks, whether a tolerance level applies and, if so, specify the tolerance level.
2: An over-fishing threshold for a stock—
a: Is a specified percentage in excess of the annual catch entitlement held by a commercial fisher for the stock to which it relates:
b: Takes effect on the first day of the fishing year that commences next after the relevant order under subsection (1)
3: An order made under subsection (1)
4: A tolerance level for a stock—
a: Is a specified amount or an amount calculated in accordance with a formula set out in the order:
b: Takes effect on the first day of the fishing year that commences next after the relevant order under subsection (1)
5: An order made under subsection (1)
6: Before making a recommendation under subsection (1)
77A: Matters to be taken into account when recommending over-fishing thresholds
Before making a recommendation under section 77(1)
a: The effectiveness of deemed values in encouraging commercial fishers to acquire or maintain sufficient annual catch entitlement to cover their total catch; and
b: The particular need, in relation to target stocks, to encourage commercial fishers to acquire or maintain sufficient annual catch entitlement to cover their total catch; and
c: Actual or potential risks to the sustainability of the stock; and
d: Any other matters that the Minister considers relevant.
78: Catch in excess of over-fishing thresholds
1: If, following the calculation referred to in section 76(1A)
a: A commercial fisher's reported catch for a stock exceeds that commercial fisher's annual catch entitlement for that stock; and
b: That excess equal to or greater than the over-fishing threshold for that stock, and, where a tolerance level applies to that stock, is greater than that tolerance level,— then the current fishing permit of the commercial fisher and any associated person, and any permit subsequently issued to that commercial fisher and any associated person, are each deemed to contain a condition prohibiting the taking of any fish, aquatic life, or seaweed in the geographic area that is the quota management area for that stock, and that condition takes effect as from the close of the month in which the calculation in section 76(1A)
2: Despite subsection (1)
3: Conditions imposed under subsection (2)
4: No commercial fisher may take any fish, aquatic life, or seaweed in contravention of a condition imposed by subsection (1)
a: The commercial fisher has obtained the prior approval of the chief executive to take fish, aquatic life, or seaweed in that area; and
b: The taking is in accordance with any conditions imposed by the chief executive.
5: Conditions imposed by subsection (1) or under subsection (2)
a: When the commercial fisher owns an amount of annual catch entitlement for the stock equal to or greater than the commercial fisher's total reported catch of that stock in the fishing year; or
b: At the close of the relevant fishing year,— whichever happens first.
6: If a person takes any fish, aquatic life, or seaweed in contravention of any conditions imposed by subsection (1) or under subsection (2) section 252(3)
2: Section 303(2) 77,
29: Suspension of permit for non-payment of deemed value
Section 79 subsection (1)
1: If the total amount of deemed values owed by any commercial fisher exceeds $1,000 and has not been satisfied within the time limit specified in section 76(5)
30: Conclusive notification
1: Section 80 subsection (1)
1: The chief executive must, for each stock for which a commercial fisher holds an annual catch entitlement or has reported catch, notify the commercial fisher in writing of such matters as are specified for the purpose in any regulations made under section 297
1A: A notification under subsection (1) section 297
2: Section 80 subsection (8)
8: Every notification given under this section is presumed to be conclusive for the purpose of this Act.
3: The principal Act is consequentially amended by repealing the heading immediately preceding section 80 Conclusive Notification
31: All fishing to be authorised by fishing permit unless specific exemption held
1: Section 89(6)(c) persons (if any)
2: Section 89 subsection (8)
8: The chief executive may impose a condition on a fishing permit under section 92(1) subsection (5)
32: Issue of fishing permit
1: Section 91 subsection (1)
1: Subject to subsections (2) to (6) sections 93 and 93A
2: Section 91 subsections (4) (5)
4: Despite section 93 section 306 of the Ngai Tahu Claims Settlement Act 1998 section 89(2)(f) of this Act
5: Before issuing a fishing permit to an applicant, the chief executive may require the applicant to provide a suitable third party guarantee, or bond, in an amount specified by the chief executive.
6: No fishing permit may be issued to any person where that person, or any associated person,—
a: Has unpaid deemed value amounts in excess of $1,000 that are overdue; or
b: Is the holder of a fishing permit to which conditions apply by virtue of or under section 78(1) or (2)
33: Fishing permit may be issued subject to conditions
Section 92 subsection (1)
1: A fishing permit—
a: Must state whether or not it authorises the taking of stocks that are subject to the quota management system; and
b: Must specify any other stocks that may be taken under the permit; and
c: May be subject to any conditions that the chief executive considers appropriate, including conditions relating to—
i: Areas, quantities, or methods:
ii: The use or non-use of vessels, and the specific vessel or types of vessel (if any) that may be used:
iii: Types and amounts of fishing gear:
iv: The taking or handling of fish, aquatic life, or seaweed:
v: Places where fish, aquatic life or seaweed may be landed:
vi: Periods of time within which the permit holder may take fish, aquatic life, or seaweed.
34: Qualification for holding fishing permit and moratorium
Section 93(1) No fishing permit Subject to section 93A
35: New sections inserted
The principal Act is amended by inserting, after section 93
93A: Fishing permits subject to moratorium issued to related persons on death of fishing permit holder
1: Despite section 93 section 91 section 91
2: A new fishing permit may not be issued under section 91
a: Is a person related to the deceased fishing permit holder; and
b: At the time of the death of the deceased, was dependent on the income earned by the deceased fishing permit holder, through use by the deceased of the fishing permit.
3: Without limiting any other provisions of this Act, any conditions and obligations that applied to the deceased's fishing permit will apply to any new fishing permit issued under section 91
4: The chief executive may require that any documents or information produced for the purposes of subsection (2)
5: Where the chief executive receives more than 1 application under this section in relation to the fishing permit of the same deceased person, the chief executive must allocate the new fishing permit according to—
a: The level of dependency referred to in subsection (2)
b: The ability of the applicant to exercise the rights and obligations of fishing permit holders.
6: Despite any other provision of this section, no new fishing permit may be issued under section 91
a: The fishing permit holder died before 1 October 1996; or
b: The deceased did not hold a current fishing permit at the date of his or her death.
7: For the purposes of this section, a person related to the deceased fishing permit holder means a person connected to the other person by blood relationship, marriage, or adoption; and, for the purposes of this subsection,—
a: Persons are connected by blood relationship if within the second degree of relationship:
b: Persons are connected by marriage if one is married to the other, or if one has a relationship in the nature of marriage with the other:
c: Persons are connected by adoption if one has been adopted as the child of the other or as a child of a person who is connected by marriage to the other.
8: This section does not apply to tuna.
93B: Expiry of section 93A
Section 93A
36: Revocation of fishing permit
Section 96 subsection (1)
1: If the chief executive revokes a fishing permit under section 305A
a: The fishing permit must be immediately cancelled; and
b: The holder must ensure that the fishing permit and any duplicates are forthwith surrendered to the chief executive; and
c: No fish, aquatic life, or seaweed taken after the date of the supply of the false or misleading information may be regarded as eligible catch for the purposes of section 34
d: No individual catch entitlement under the permit entitles the holder to an allocation of any quota.
37: Matters to be shown in Permit Register and Fishing Vessel Register
The principal Act is amended by repealing sections 100 101
100: The permit Register and the Fishing Vessel Register must each contain all the particulars required by regulations made under section 297
38: Fishing vessels must be registered
1: Section 103(5) any vessel, or if a vessel is owned or operated by an overseas person who is exempt under section 56(2) section 57
2: Section 103 subsection (6)
6A: This section does not require that a vessel be registered merely because it is used to take fish, aquatic life, or seaweed produced as part of a lawful fish farming operation.
39: Cancellation of registration of fishing vessel
1: Section 107 subsections (1) (2)
2: Section 107 subsection (6)
6: The chief executive must, as soon as practicable, ensure that the registration of a vessel is cancelled if—
a: The vessel is forfeit to the Crown; or
b: The chief executive has decided, on reasonable grounds and after receipt of advice from the Secretary of Labour, that a breach of any statutory provision referred to in section 103(5)
40: Fish on registered vessel deemed to have been taken for purpose of sale
Section 111 subsection (1)
1: For the purposes of this Act, all fish, aquatic life, or seaweed that is on board, or landed from, or transhipped from, any fishing vessel or fish carrier registered under this Act is deemed to have been taken or possessed for the purpose of sale, unless—
a: The taking or possession of the fish, aquatic life, or seaweed was in accordance with a general or particular approval of the chief executive and with any conditions imposed on that approval; and
b: The taking or possession occurred after that approval was given.
41: Chief executive to have use of seal
The principal Act is amended by repealing section 126
126:
1: The chief executive must have and use a seal that includes the words Registry of Quota, New Zealand Registry of Annual catch Entitlement, New Zealand
2: Every document bearing the imprint of the chief executive's seal. and purporting to be signed or issued by the chief executive or a person authorised to sign on the chief executive's behalf is, in the absence of proof to the contrary, deemed to be signed or issued by or under the direction of the chief executive.
42: Matters to be shown in Annual Catch Entitlement Register
Section 128(1) paragraph (b)
b: The amount of annual catch entitlement that is allocated under section 67 or section 67A
ba: The amount of annual catch entitlement that is allocated under section 68
43: Types of caveats
Section 147(b) section 273 section 268
44: Caveat against transfer of quota or annual catch entitlement
Section 149(1)(c) section 273 section 268
45: Registration procedure
Section 159(b) , within 2 days (which days are days on which the register is open) after the date of registration,
46: Person claiming under operation of law may apply to have interest registered
1: Section 161(1) shares, or the holder of any provisional catch history,
2: Section 161(2) shares, or as the holder of any provisional catch history,
3: Section 161
3: Every application in relation to provisional catch history must be submitted within the transfer period referred to in section 37(2)
47: Procedure on application
Section 162 quota, or as the holder of any provisional catch history,
48: Compensation for mistake or wrongdoing in keeping of registers
Section 171 subsection (1)
1: This section applies to any person who—
a: Sustains loss or damage through any omission, mistake, or wrongdoing of the chief executive or, as the case may be, an approved service delivery organisation who is responsible under this Act for keeping a register under section 98 or section 124
b: Is deprived of the rights in respect of which the person is registered as owner or mortgagee of any individual transferable quota—
i: By the registration of any other person as the owner or as mortgagee, as the case may be; or
ii: By any error, omission, or misdescription in any record in respect of such quota kept by the chief executive or, as the case may be, an approved service delivery organisation who is responsible for keeping the quota Register, or in any entry or memorial in the Quota Register; or
c: Sustains any loss or damage by the wrongful inclusion in any such record of a statement about ownership or any mortgage or quota,— and who, by virtue of section 168 or section 170
1A: A person to whom this section applies may bring an action for recovery of damages against—
a: The Crown, if the relevant register was kept by the chief executive at the time of the mistake or wrongdoing; or
b: If the functions, duties, and powers connected with the keeping of the register were performed or exercised by an approved service delivery organisation under section 296B
49: Notice of action to be served on Attorney-General and Registrar
Section 172(1)(a) section 171 of this Act section 171(1A)(a)
50: Crown caveats preventing registration of transactions
1: Section 214(1)
a: By omitting from paragraph (a) section 255 of this Act section 255C or section 255D
b: By omitting the words direct the Registrar to register a caveat direct that a caveat be registered under this Act
2: Section 214 subsection (8)
8: On any decision being made not to lay an information or charge against the person, the chief executive must immediately arrange for any caveat registered in accordance with a direction under subsection (1)
51: Breach of conditions or requirements
Section 228 subsection (1)
1: Every person commits an offence who contravenes, or fails to comply with,—
a: Any sustainability measure implemented by notice in the Gazette section 11(4)(b)(i)
b: Any condition or requirement imposed by the chief executive in respect of any consent, approval, authority, permission, or certificate issued or granted under this Act (other than a requirement to pay a sum of money).
52: Knowingly making false statement or using false document to obtain benefit
Section 231 subsection (1)
1: A person commits an offence if the person knowingly, for the purpose of obtaining any benefit under this Act,—
a: Makes any false or misleading statement; or
b: Omits any information— in any communication, application, record, or return prescribed by or in accordance with this Act, or required for its administration.
53: Proceedings for offences
Section 236
3: No prosecution for an offence against this Act may be commenced except by—
a: The chief executive; or
b: The chief executive of the department for the time being responsible for the administration of the Conservation Act 1987
c: Any fishery officer; or
d: The Fish and Game Council in any district in which an offence has been committed or an offender is found.
54: Strict liability
Section 240 section 235 or section 257(2) or section 296B(5) or section 296ZC(3)(b) or (3)(c)
55: Defence available under this Act
1: Section 241(1)
a: By inserting, after the expression section 235 or section 257(2) or section 296B(5) or section 296ZC(3)(b) or (c)
b: By omitting from paragraph (b) annual catch entitlement other authorisation issued under this Act
c: By inserting in paragraph (b)(ii) complied with all the material
2: Section 241(2)
56: Liability of companies and persons for actions of agent or employees
1: Section 245(3)(d) ; and
2: Section 245(3)
e: Whether or not the person or body corporate had taken all reasonable steps and exercised due diligence to control the activities of the relevant person referred to in subsection (1)(a) or (b) or subsection (2)(a) or (b)
57: Liability of directors and managers
The principal Act is amended by repealing section 246
246:
1: If a body corporate commits an offence against this Act, every director, and every person concerned in the management of the body corporate, also commits an offence if it is proved that—
a: The act or omission that constituted the offence took place with the director's or person's authority, permission, or consent; or
b: The director or person knew or should have known that the offence was to be or was being committed and failed to take all reasonable steps to prevent or stop it.
2: Every person to whom subsection (1)
3: A person may be convicted of an offence against this section even though the body corporate has not been charged with that offence or a similar offence.
58: Penalties
1: Section 252(1)
d: Section 296B(5)
e: Section 296ZC(3)(b)
f: Section 296ZC(3)(c)
2: Section 252(3)(a)
3: Section 252(3) paragraph (c)
c: Section 78(1)
ca: Section 78(2) .
4: Section 252(3)
o: Section 271(2)
p: Section 296ZC(3)(a)
q: Section 296ZD(2)
5: Section 259(5)(j) approvals requirements.
59: New sections substituted
The principal Act is amended by repealing section 255
255: Interpretation
In sections 255A to 256 Fish and any proceeds from the sale of such fish section 207 section 212 property used in the commission of the offence
a: Means any vessel, vehicle or other conveyance, fishing gear, implement, appliance, material, container, goods, equipment, or thing used in respect of the commission of the offence (whether or not seized under section 207
b: Does not include any quota or annual catch entitlement: Quota Serious non-commercial offence section 297
255A: Forfeiture for infringement offence
1: Subsection (2)
a: The infringement fee for the offence is paid; or
b: A copy of a reminder notice in respect of the infringement offence is filed in a District Court under subsection (3) of section 21 of the Summary Proceedings Act 1957 subsection (5) of that section
c: The informant and the defendant, in respect of the infringement notice, enter into an arrangement under section 21(3A) of the Summary Proceedings Act 1957
d: The person is found guilty, or admits the commission, of the infringement offence.
2: The following are forfeit to the Crown unless (if subsection (1)(d)
a: Any fish of an amount or quantity not exceeding 3 times the amateur individual daily prescribed limit; and
b: Any proceeds from the sale of that fish.
255B: Forfeiture where person discharged or liable to fine up to $100,000
1: Subsection (2)
a: On the discharge of any person without conviction under section 19 of the Criminal Justice Act 1985
b: Where a person is proceeded against summarily (other than by way of an infringement notice) in respect of an infringement offence against this Act and is found guilty of, or pleads guilty to, the offence:
c: On conviction for an offence against this Act for which the person is liable to a fine not exceeding $10,000 (other than an offence referred to in section 255C
d: On conviction for an offence against this Act (other than an offence referred to in section 255C
2: The following are forfeit to the Crown unless the Court for special reasons relating to the offence orders otherwise:
a: Any fish and any proceeds from the sale of such fish; and
b: Any illegal fishing gear in respect of which the offence was committed (whether or not seized under section 207
3: On conviction of a person for an offence referred to in subsection (1)(d)
255C: Forfeiture for section 252(2), (3), and (5) offences, offences carrying fine of $100,000, repeat offences, and serious non-commercial offences
1: Subsection (2)
a: On conviction for an offence referred to in section 252(2) or (3) or (5)
b: On conviction for an offence against this Act for which the person is liable to a fine of $100,000:
c: On conviction for a serious non-commercial offence:
d: Where a person has been convicted of 2 or more offences against this Act and—
i: The offences were committed on more than 1 occasion within a period of 3 years; and
ii: The offences were offences for which the person was liable to a fine exceeding $5,000.
2: The following are forfeit to the Crown unless the Court for special reasons relating to the offence orders otherwise:
a: Any fish and any proceeds from the sale of such fish; and
b: Any illegal fishing gear in respect of which the offence was committed (whether or not seized under section 207
c: Any property used in the commission of the offence.
3: On conviction of a person for an offence referred to in section 252(2) or (3)
255D: Forfeiture for section 252(1) or (4) offence
1: Subsection (2) section 252(1) or (4)
2: The following are forfeit to the Crown unless the Court for special reasons relating to the offence orders otherwise:
a: Any fish and any proceeds from the sale of such fish; and
b: Any illegal fishing gear in respect of which the offence was committed (whether or not seized under section 207
c: Any property used in the commission of the offence; and
d: Any quota.
255E: General provisions relating to forfeiture
1: If any property, fish, aquatic life, seaweed, or quota is forfeited to the Crown under this Act, such property, fish, aquatic life, seaweed, or quota, despite section 168
2: For the avoidance of doubt, any vessel used by the offender to take or transport fish, aquatic life, or seaweed must be treated as property used in the commission of the offence if the fish, aquatic life, or seaweed is the subject of an offence against—
a: Section 230 or section 231
b: Regulations made under section 297 or section 298 or section 299
i: Making any false or misleading statements in any return; or
ii: Omitting any information in any return; or
iii: Completing, keeping, or providing any return.
3: At the time of conviction of any offence against this Act, the Court must determine what, if any, of the following is forfeit under any of sections 255A to 255D
a: Fish and any proceeds from the sale of such fish:
b: Illegal fishing gear:
c: Property used in the commission of the offence:
d: Quota.
4: For the purposes of section 19 of the Criminal Justice Act 1985 sections 255A to 255D
5: Nothing in any of sections 255A to 255D Part 15A
60: Provisions relating to forfeit property
1: Section 256(1) paragraph (b) forfeit property
b: Property used in the commission of the offence; or.
2: Section 256(1) forfeit property section 255 of this Act any of sections 255A to 255D
3: Section 256(2) section 255 of this Act any of sections 255A to 255D
4: Section 256(3) the forfeiture or within such further period before the property is disposed of as the Court may allow
5: Section 256(4) subsection (2) of this section subsection (3)
6: Section 256(6)(c) section 255(4)(c) of this Act section 255C or section 255D
7: Section 256(7) subsections (8) and (9) of this section subsection (8)
8: Subsections (9) (10)
9: Section 256(14) section 255 of this Act any of sections 255A to 255D
61: Prohibition of fishing activity in case of reoffending
Section 257(2) who knowingly
62: New heading and sections inserted
The principal Act is amended by inserting, after section 260 Infringement offences
260A: Infringement offences
1: If a fishery officer has reason to believe that a person has committed an infringement offence, the fishery officer may—
a: Commence proceedings against the person for the alleged offence by laying an information under the Summary Proceedings Act 1957
b: Issue an infringement notice in respect of the alleged offence.
2: Despite anything in section 21 of the Summary Proceedings Act 1957
3: If an infringement notice is issued, a fishery officer may do 1 or more of the following with the infringement notice:
a: Deliver it (or a copy of it) to the person:
b: Fix it (or a copy of it) to a conspicuous part of a fishing vessel relating to the commission of the offence:
c: Send it (or a copy of it) to the person by post addressed to the person's last known place of residence or business.
4: If the notice was fixed or sent in accordance with subsection (3) Summary Proceedings Act 1957
260B: Infringement notices
1: Every infringement notice must be in an approved form and must include the following particulars:
a: Sufficient detail to inform the person of the time, place, and nature of the alleged offence:
b: The infringement fee for the offence:
c: The address at which the infringement fee may be paid:
d: The time within which the infringement fee may be paid:
e: A summary of the provisions of section 21(10) of the Summary Proceedings Act 1957
f: A statement that the person has a right to request a hearing:
g: A statement of the consequences if the person does not pay the infringement fee or request a hearing:
h: Any other matters prescribed for that purpose.
2: There may be different approved forms for different kinds of infringement offences.
260C: Infringement fees
All infringement fees are payable to the chief executive, and the chief executive must pay all infringement fees received into the Crown Bank Account.
63: New part substituted
The principal Act is amended by repealing Part 14
XIV: Cost recovery
261: Purpose of part
The purpose of this Part is to enable the Crown to recover its costs in respect of the provision of conservation services and fisheries services.
262: Cost recovery principles
The cost recovery principles under this Part are as follows:
a: If a conservation service or fisheries service is provided at the request of an identifiable person, that person must pay a fee for the service:
b: Costs of conservation services or fisheries services provided in the general public interest, rather than in the interest of an identifiable person or class of person, may not be recovered:
c: Costs of conservation services or fisheries services provided to manage or administer the harvesting or farming of fisheries resources must, so far as practicable, be attributed to the persons who benefit from harvesting or farming the resources:
d: Costs of conservation services or fisheries services provided to avoid, remedy, or mitigate a risk to, or an adverse effect on, the aquatic environment or the biological diversity of the aquatic environment must, so far as practicable, be attributed to the persons who caused the risk or adverse effect:
e: The Crown may not recover under this Part the costs of services provided by an approved service delivery organisation under Part 15A
263: Cost recovery rules
1: The Governor-General may from time to time, by Order in Council made on the recommendation of the Minister, make rules relating to the imposition of levies under this Part.
2: The rules may—
a: Prescribe the proportion of costs of conservation services and fisheries services to be recovered as levies:
b: Prescribe who must pay levies:
c: Prescribe how the costs are to be apportioned between the persons who must pay the levies.
3: Without limiting anything in subsections (1) and (2)
4: Before making a recommendation under subsection (1)
a: Be satisfied that the rules to which the recommendation relates comply with the cost recovery principles in section 262
b: Have regard to the extent to which conservation services or fisheries services are wholly or partly purchased or provided by persons other than the Crown.
5: Without limiting the Acts Interpretation Act 1924
264: Levies
1: The Governor-General may from time to time, by Order in Council made on the recommendation of the Minister,—
a: Impose levies for the purpose of this Part:
b: Amend or revoke an order made under this section.
2: The Minister must not make a recommendation under subsection (1) section 263
3: Without limiting the generality of subsection (1)
a: Prescribe, or provide for the fixing of different rates of levy in respect of different classes of persons, species or kinds of fish or aquatic life or seaweed, quantities of fish or aquatic life or seaweed, quota management areas, fishery management areas, or any combination of them:
b: Prescribe, or provide for the fixing of, different rates of levy based on the value of quota or annual catch entitlement, the port price of fish or aquatic life or seaweed landed, or on any other differential basis relating to commercial fishing or fish farming:
c: Specify that a levy is payable on the basis of the amount of fish, aquatic life, or seaweed processed or taken, or quota, annual catch entitlement, or individual catch entitlement held, during a specified period or on a specified day; or specify any other method for assessing that amount:
d: Prescribe a date by which, and the place at which, a levy is payable:
e: Prescribe different dates for the payment of different levies:
f: Authorise the chief executive to prescribe or provide for such matters as may be necessary or expedient to administer the collection of a levy imposed under subsection (1)
265: Under-recovery and over-recovery of costs
Without limiting anything in section 264
a: Not recovered or not recoverable, in whole or in part, by a fee, charge, or levy relating to such services that was previously imposed under this Act or the Fisheries Act 1983
b: Over-recovered or over-recoverable, in whole or in part, by a fee, charge, or levy relating to such services that was previously imposed under this Act or the Fisheries Act 1983
266: Other fees, charges, or levies
1: This part does not—
a: Limit any other provision in this Act that requires the payment, or empowers the imposition, of a fee, charge, or levy relating to conservation services or fisheries services; or
b: Limit the recovery of costs in respect of conservation services or fisheries services by any means other than a levy under section 264
2: This part does not require the Minister to have regard to the circumstances of any person when recommending the imposition of a fee, charge, or levy relating to conservation services or fisheries services.
3: The Minister may not have regard to any deemed value payable or paid when recommending the imposition of a fee, charge, or levy relating to conservation services or fisheries services.
267: Payment of levies
1: Levies imposed by an order under section 264
2: The chief executive may remit, waive, or defer the payment of a levy, in whole or in part, to correct an administrative error made in calculating the amount due.
3: The chief executive and a person liable to pay a levy may enter into an arrangement for repayment of the amount of levy due.
268: Caveats on quota
1: The chief executive may, after giving a person notice in writing of the chief executive's intention to do so, direct that a caveat be registered over quota held by that person if—
a: The person is liable to pay—
i: A levy imposed under section 264
ii: An additional amount payable under section 18 of the Ministry of Agriculture and Fisheries (Restructuring) Act 1995
b: The person does not pay the levy or additional amount in full within 2 months after the date on which payment of the levy is due, or within the time allowed under an arrangement with the chief executive, as the case may be; and
c: Payment of the outstanding levy or additional amount has not been waived under section 267(2) or section 18 of the Ministry of Agriculture and Fisheries (Restructuring) Act 1995
2: The chief executive may direct that a caveat be registered under subsection (1)
3: The chief executive—
a: Must direct that a caveat entered in a register under this section be withdrawn if the outstanding levy (including an additional amount payable under section 18 of the Ministry of Agriculture and Fisheries (Restructuring) Act 1995
b: May direct that a caveat entered in a register under this section be withdrawn if the chief executive and the person liable to pay the outstanding amount enter into an arrangement for repayment of the amount.
269: Suspension of permit or licence where levies unpaid
1: The chief executive may, by notice in writing, after giving a person notice in writing of the chief executive's intention to do so, suspend a fishing permit or special permit or licensed fish receiver's licence or controlled fishery licence held by the person if—
a: The person is liable to pay—
i: A levy imposed under section 264
ii: An additional amount payable under section 18 of the Ministry of Agriculture and Fisheries (Restructuring) Act 1995
b: The person does not pay the levy or additional amount in full within 2 months after the date on which payment of the levy is due, or within the time allowed under an arrangement with the chief executive, as the case may be; and
c: Payment of the outstanding levy or additional amount has not been waived under section 267(2) or section 18 of the Ministry of Agriculture and Fisheries (Restructuring) Act 1995
2: The chief executive may suspend a permit or licence under subsection (1)
3: If the person holds 2 or more fishing permits or special permits or licensed fish receiver's licences or controlled fishery licences, or holds any combination of 2 or more of them, the chief executive may suspend such of the permits or licences as he or she considers appropriate.
4: A fishing permit or special permit or licensed fish receiver's licence or controlled fishery licence suspended under this section has no effect during the period of the suspension.
5: The chief executive—
a: Must lift a suspension under this section if the outstanding levy (including any additional amount payable under section 18 of the Ministry of Agriculture and Fisheries (Restructuring) Act 1995
b: May, conditionally or unconditionally, lift a suspension under this section if the chief executive and the person liable to pay the outstanding amount of the levy enter into an arrangement for repayment of that amount.
6: A court may at any time, on application by the holder of a fishing permit, special permit, licensed fish receiver's licence, or controlled fishery licence, that has been suspended under this section, make an order lifting the suspension subject to any sureties and conditions specified by the Court.
270: Priority of debts
1: For the purposes of the Seventh Schedule of the Companies Act 1993 section 18 of the Ministry of Agriculture and Fisheries (Restructuring) Act 1995 clause 5 of that schedule
2: For the purposes of section 104 of the Insolvency Act 1967 section 18 of the Ministry of Agriculture and Fisheries (Restructuring) Act 1995 section 104(1)(e) of the Insolvency Act 1967
271: Records and returns
1: The chief executive may, by notice in the Gazette
a: Require records and returns to be kept and provided by a person who must pay a levy:
b: Prescribe conditions relating to the keeping and provision of those records and returns.
2: A person commits an offence if the person fails to comply with a requirement imposed by the chief executive under subsection (1) section 252(3)
64: Use of outside agencies in performance of functions under Act
1: Section 294(4) standards or specifications contract standards and contract specifications
2: Section 294 subsection (5)
5: No arrangement or contract under subsection (1)(b) Part VI of the Fisheries Act 1983
65: New Part inserted
The principal Act is amended by inserting, after Part 15
15A: Performance of services by approved organisations
296A: Interpretation
In this Part, unless the context otherwise requires, specified functions, duties, or powers
a: Means any functions, duties, or powers of the chief executive, whether statutory or non-statutory in nature, that are—
i: Exclusively associated with the administration of quota; or
ii: Primarily associated with the administration of commercial fisheries; and
b: Includes the keeping of registers under sections 98 and 124
c: Does not include—
i: Any functions, duties, or powers of the Minister; or
ii: Any power conferred on fishery officers, honorary fishery officers, or examiners by or under the Fisheries Act 1983
296B: Transfer of specified functions, duties, or powers to approved service delivery organisations
1: The Governor-General may from time to time, by Order in Council made on the recommendation of the Minister after consultation with the Minister responsible for the administration of the Environment Act 1986
2: An order transferring specified functions, duties, or powers to an approved service delivery organisation must—
a: Declare a person to be an approved service delivery organisation for such period as may be specified in the order; and
b: State which functions, duties, or powers are transferred to the approved service delivery organisation.
3: The Minister must not make a recommendation under subsection (1)
a: The proposed approved service delivery organisation is representative of quota owners who have an interest in those functions, duties, or powers; and
b: The proposed approved service delivery organisation is a company incorporated under the Companies Act 1993
c: The proposed approved service delivery organisation has the financial, management, and other resources to enable it to—
i: Assume responsibility for the carrying out of the functions, duties, or powers that are specified in the order; and
ii: Ensure that those functions, duties, or powers are carried out; and
d: The proposed approved service delivery organisation—
i: Has provided the chief executive with a monetary deposit or bond in accordance with section 296D
ii: Has established and is maintaining an alternative arrangement in accordance with section 296D
e: Standards and specifications have been issued in relation to the functions, duties, or powers.
4: An order under subsection (1)
a: Specify the rights of the Crown in relation to information and data received, held, or generated in relation to the performance or exercise of the functions, duties, or powers; and
b: Provide that the information and data specified in the order is the property of the Crown.
5: An approved service delivery organisation or other person who knowingly falsifies information or data to which an order under subsection (4) section 252(1)
296C: Effect of transfer of specified functions, duties, or powers
1: On and from the date specified for the purpose in the relevant order under section 296B
a: An approved service delivery organisation has the specified functions, duties, and powers under the relevant provisions of this Act or the Fisheries Act 1983
b: References to the chief executive (however expressed) in the provisions of this Act or the Fisheries Act 1983
2: An approved service delivery organisation is responsible to the Minister for ensuring that the specified functions, duties, or powers transferred to the organisation are performed or exercised in accordance with—
a: All applicable standards and specifications; and
b: All applicable directions given by the Minister under Section 296Q
3: The chief executive must not perform or exercise, and is not responsible for the performance or exercise of, any specified function, duty, or power that is transferred to an approved service delivery organisation by an order made under section 296B
4: Subsections (1) to (3) Commerce Act 1986
5: An approved service delivery organisation may perform or exercise its functions, duties, and powers—
a: By its own employees; or
b: By entering into an agreement or arrangement with any other agency or any other instrument of the Crown or any corporation sole, body of persons (whether corporate or unincorporated), or individual.
296D: Minister must require payment of bond
1: The Minister must require each approved service delivery organisation—
a: To provide the chief executive with a monetary deposit or bond; or
b: To establish and maintain an alternative arrangement that satisfies the Minister that the specified functions, duties, or powers to be performed or exercised by the approved service delivery organisation can be transferred, at no cost to the Crown, to the Crown or an approved service delivery organisation on the expiry or earlier revocation of an order made under section 296B
2: If a monetary deposit or bond is required under subsection (1)
3: If a monetary deposit or bond is provided by an approved service delivery organisation under subsection (1) section 296B
4: If a monetary deposit or bond is provided by an approved service delivery organisation under subsection (1) section 296B
5: Part VII of the Public Finance Act 1989
6: Any money paid to the chief executive under this section must be applied by the chief executive towards the payment of the Crown's transfer costs.
7: The approved service delivery organisation is entitled to receive all interest from time to time earned on the money while it is held by the chief executive.
8: The chief executive must pay the balance remaining, after applying the money in accordance with subsection (6)
9: In this section, the Crown's transfer costs
a: Means any costs to the Crown arising from the transfer of specified functions, duties, or powers from the approved service delivery organisation to the chief executive or to another approved service delivery organisation on the expiry or earlier revocation of an order made under section 296B
b: Does not include the value to the Crown of any property, rights, or obligations transferred under section 296H Termination of orders transferring functions, duties, or powers
296E: Revocation of order transferring functions, duties, or powers to approved service delivery organisation
1: The Governor-General may from time to time, by Order in Council made on the recommendation of the Minister, revoke or amend an order made under section 296B
2: The Minister may not make a recommendation under subsection (1)
a: The approved service delivery organisation named in the order has agreed to the recommendation by notice in writing to the Minister; or
b: The requirements of subsection (3) subsection (4)
3: The requirements of this subsection are that the Minister must be satisfied that—
a: The approved service delivery organisation has—
i: Failed to comply with any applicable standards and specifications; or
ii: Failed to comply with an applicable direction under section 296Q
iii: Failed to maintain an alternative arrangement under section 296D(1)(b)
iv: Failed to comply with a requirement under section 296D(3)
b: There is a serious problem with the organisation within the meaning of section 296ZE(2)
4: The Minister must—
a: Give the approved service delivery organisation notice in writing of the Minister's intention to make the recommendation, accompanied by a statement of the Minister's reasons for the proposed recommendation; and
b: Give the approved service delivery organisation a reasonable opportunity to make submissions to the Minister in relation to the proposed recommendation; and
c: Consider any submissions made by the approved service delivery organisation.
296F: Effect of termination of transfer
It an order made under section 296B section 296E
a: The monetary deposit or bond (if any) held by the chief executive in relation to the approved service delivery organisation is forfeit to the chief executive, and must be applied in accordance with section 296D
b: Responsibility for the functions, duties, or powers is resumed by the chief executive. Transfer of property, rights, and obligations to chief executive
296G: Purpose of
sections 296H to 296N The purpose of sections 296H to 296N section 296B
296H: Minister may transfer property, rights, and obligations to chief executive
1: If an order made under section 296B section 296E
a: By notice in writing to an approved service delivery organisation or any other person, any property of that organisation or person (including intellectual property) that is necessary for the performance or exercise of the functions, duties, and powers for which the organisation is or was responsible under the order made under section 296B
b: By notice in writing to any person other than an approved service delivery organisation, any rights and obligations of an approved service delivery organisation under any agreement or arrangement (including an employment contract) with that person that relate to the performance or exercise of those functions, duties, or powers.
2: The Minister must send a copy of a notice given under subsection (1)(b)
3: In this section and sections 296I to 296N Intellectual Property
a: Has the meaning provided for in Article 2 of the Convention establishing the World Intellectual Property Organisation done at Stockholm on 14 July 1967 and in the World Trade Organisation Agreement on the Trade Related Aspects of Intellectual Property Rights done at Marrakesh on 15 April 1994; and
b: Includes all intellectual property rights, including (without limitation) rights relating to circuit layouts and semi-conductor chip products, confidential information, copyright, geographical indications, patents, plant varieties, registered designs, registered and unregistered trade marks, and service marks: Specified person subsection (1)(a) or (b) or subsection (2)
296I: Minister to give notice before transferring property, etc
The Minister may not give a notice under section 296H
a: Gives the specified person notice in writing of the Minister's intention to transfer any property, rights, or obligations to the chief executive under that section, including a statement of—
i: The property, rights, and obligations that the Minister proposes to transfer:
ii: The amount of compensation, if any, that the Minister proposes will be payable to the specified person; and
b: Gives the specified person a reasonable opportunity to make submissions to the Minister in relation to the proposed transfer; and
c: Considers any submissions made by the specified person.
296J: Content of notice to transfer property, rights, and obligations
A notice given under section 296H
a: The date on which it takes effect, being a date no earlier than 30 days from the date on which the notice is given to the specified person; and
b: That the specified person may, within the period specified in the notice, apply to a District Court for an order revoking the notice; and
c: That the notice will take effect—
i: If the person does not apply to a District Court, on the date specified in the notice; or
ii: If the person applies to a District Court and the application is dismissed, on the date the application is dismissed.
296K: Right of appeal to District Court
1: A specified person may, within the period specified in a notice given under section 296H
2: On an application under this section, if a District Court Judge is not satisfied that the transfer of any property, rights, or obligations to the chief executive is necessary for the performance or exercise of the functions, duties, or powers for which the approved service delivery organisation is or was responsible, the District Court Judge must—
a: Revoke the notice; or
b: Revoke that part of the notice that relates to that property, or to those rights or obligations.
296L: Date on which transfer of property takes effect
1: A notice under section 296H
a: If the specified person does not apply to a District Court under section 296K
b: If the specified person applies to a District Court and the person's application is dismissed, on the date the application is dismissed.
2: On the date that the notice takes effect—
a: The property specified in the notice becomes the property of the chief executive; and
b: The rights and obligations of the approved service delivery organisation under any agreement or arrangement specified in the notice become rights and obligations of the chief executive as if the chief executive, and not the organisation, had entered into the agreement or arrangement with the specified person.
3: This section applies despite anything in any agreement or arrangement.
296M: Compensation for transfer of property
1: If property is transferred to the chief executive under section 296H
2: No compensation payable by the Crown under this section may be paid out of the monetary deposit or bond held by the chief executive in respect of the approved service delivery organisation.
296N: Resolution of disputes regarding compensation
1: If there is any dispute or difference between the Minister and a specified person as to the amount of compensation payable to the person under section 296M Arbitration Act 1996
2: For the purposes of any such arbitration, this section is a submission to arbitration within the meaning of the Arbitration Act 1996
a: By agreement between the Minister and the specified person; or
b: If the Minister and the specified person fail to agree, by the President of the New Zealand Institute of Valuers Incorporated.
3: Despite subsection (1) Powers of Minister in relation to approved service delivery organisations
296O: Minister may issue standards and specifications
1: The Minister may, from time to time, issue standards and specifications relating to the performance or exercise of specified functions, duties, or powers by approved service delivery organisations, and may amend or revoke any standards and specifications issued.
2: Standards and specifications issued under this section may, without limitation, specify or provide for all or any of the following:
a: Descriptions of the specified functions, duties, or powers to be performed or exercised by each approved service delivery organisation to which those functions, duties, or powers apply:
b: Quantitative measures that each approved service delivery organisation is required to meet in respect of the functions, duties, or powers:
c: Performance standards that each approved service delivery organisation is required to meet in respect of the functions, duties, or powers:
d: Measures that an approved service delivery organisation is required to take to avoid conflicts of interest in the performance or exercise of the functions, duties, or powers specified in the relevant order under section 296B
e: Records that each approved service delivery organisation is required to keep in relation to the performance or exercise of those functions, duties, or powers:
f: Reports that each approved service delivery organisation is required to provide to the Minister in relation to the performance or exercise of those functions, duties, or powers:
g: Requirements as to the auditing of the operations of—
i: Each approved service delivery organisation; and
ii: Any person with whom the approved service delivery organisation has an arrangement under section 296C(5)
h: Constraints on the performance or exercise of any functions, duties, or powers by each approved service delivery organisation.
3: Standards and specifications issued under this section may apply to any 1 or more approved service delivery organisations, or to any class or classes of approved service delivery organisation.
4: An approved service delivery organisation must comply with the standards and specifications that apply to the functions, duties, or powers for which it is responsible.
296P: Procedure for issuing standards and specifications
1: Before issuing or amending standards and specifications under section 296O
a: The Minister responsible for the administration of the Environment Act 1986
b: Those classes of persons or those approved service delivery organisations that, in the opinion of the first-mentioned Minister, have an interest in the standards and specifications.
2: Despite subsection (1)
a: The standards and specifications need to be issued or amended urgently; or
b: The amendment is minor and will not adversely affect the substantial interests of any person.
3: When the Minister issues or amends standards and specifications, the Minister must—
a: Give a copy of the standards and specifications to each approved service delivery organisation to which they relate; and
b: Publish a notice in the Gazette subsection (4)
4: The notice published in the Gazette
a: Give a general indication of the nature of the standards and specifications; and
b: Specify where copies of the standards and specifications may be obtained.
296Q: Approved service delivery organisations must comply with directions
1: The Minister may give a written direction to any approved service delivery organisation in respect of the performance or exercise by it of any specified functions, duties, or powers.
2: The Minister may not give a direction in respect of—
a: A specific application to the approved service delivery organisation; or
b: A specific person.
3: The Minister must—
a: Give a copy of the direction to each approved service delivery organisation to which the direction relates; and
b: As soon as practicable after giving the written notice,—
i: Publish the direction in the Gazette
ii: Present a copy of it to the House of Representatives.
4: When performing or exercising any specified functions, duties, or powers an approved service delivery organisation must comply with any direction given to it by the Minister in accordance with this section. Sanctions for breach of standards and specifications or directions
296R: Sanctions for failing to comply with standards and specifications
1: If an approved service delivery organisation fails to comply with any applicable standards and specifications, or with an applicable direction under section 296Q section 296W
2: Sanctions are civil penalties prescribed in regulations made under section 296ZI
296S: Demerit points to be recorded by Minister
1: This section applies if, in the opinion of the Minister, an approved service delivery organisation fails to comply with—
a: Any applicable standards or specifications; or
b: Any applicable direction under section 296Q
2: The Minister may record in respect of an approved service delivery organisation such number of demerit points for each failure referred to in subsection (1) section 296ZI
3: If 2 or more such failures by an approved service delivery organisation occur in respect of the same set of circumstances,—
a: The Minister must record demerit points in relation to 1 failure only; and
b: If the failures do not carry the same number of demerit points, the Minister must record demerit points for the failure or 1 of the failures that carries the greatest number of points.
4: Demerit points recorded under subsection (2)
296T: Procedure for recording demerit points
1: Before recording any demerit points in respect of an approved service delivery organisation, the Minister must give written notice to the organisation.
2: The notice must state—
a: The failure that makes the approved service delivery organisation liable to have the demerit points recorded against the organisation; and
b: The number of demerit points specified in respect of that failure that the Minister proposes to record against the organisation; and
c: The right of the organisation to object to the Minister's decision by giving written notice to the Minister within 20 working days after the date of the Minister's notice ( the stated 20-day period
d: That an objection must include a statement of the organisation's reasons for objecting; and
e: The Minister's right to record the demerit points if—
i: No objection is made within the stated 20-day period; or
ii: An objection is made without a statement of reasons; and
f: The consequences of further demerit points being recorded against the organisation.
3: The Minister may withdraw a notice at any time, in which case demerit points will not be recorded against the organisation in respect of the failure specified in the notice.
296U: Demerit points recorded where no objection made
The Minister must record the prescribed demerit points under section 296S
a: If no objection is made within the stated 20-day period; or
b: If an objection is made by an approved service delivery organisation that is not accompanied by a statement of reasons.
296V: Demerit points recorded where objection made
1: This section applies if—
a: An objection to the recording of demerit points, accompanied by a statement of reasons, is received from the approved service delivery organisation within the stated 20-day period; and
b: The Minister does not accept the objection.
2: The Minister may apply to a District Court for an order that the Minister may record the demerit points.
3: The District Court must order the Minister to record the demerit points under section 296S section 296T
4: The Court may award costs as if the matter were a criminal matter.
296W: Civil penalty imposed where demerit points recorded
1: As soon as practicable after the end of each financial year, the Minister must calculate the total number of demerit points recorded under section 296S(2)
2: The Minister must advise the organisation as soon as reasonably practicable of the amount of civil penalty payable in respect of the total number of demerit points.
3: The amount of civil penalty payable in respect of specified failures is prescribed in regulations made under section 296ZI
4: As soon as practicable after the end of each financial year, the Minister must cancel the demerit points recorded against an approved service delivery organisation in respect of that financial year, but the applicable civil penalty is payable despite the cancellation of those demerit points.
296X: Collection of civil penalty
1: The Minister may recover a civil penalty in a court of competent jurisdiction, as if the penalty were a debt due to the Crown.
2: In this case, the penalty includes the costs of the court and, if ordered, the Minister's costs relating to the application.
296Y: Penalties payable into Crown Bank Account
Every civil penalty under section 296W Fees
296Z: Fees
1: An approved service delivery organisation may set fees and charges in respect of functions, duties, and powers performed or exercised by the organisation under an order made under section 296B
2: Fees may be set at any level as specified by the organisation.
3: This section applies despite anything in this Act or in the Fisheries Act 1983 Commerce Act 1986 Information disclosure requirements
296ZA: Regulations relating to information disclosure
The Governor-General may from time to time, by Order in Council, make regulations for all or any of the following purposes:
a: Requiring approved service delivery organisations to make publicly available prescribed financial statements that follow generally accepted accounting principles, including profit and loss statements, balance sheets, and statements of accounting principles:
b: Requiring approved service delivery organisations to publish, in the prescribed manner, information in relation to the performance and exercise of specified functions, duties, and powers, and prescribing the information that the organisations must make available, which information must include—
i: Prices, terms, and conditions; and
ii: Pricing policies and methodologies; and
iii: Costs; and
iv: Cost allocation policies and methodologies; and
v: Performance measures, or information from which performance measures may be derived, or both:
c: Prescribing the form and manner in which the financial statements required by any regulations made under paragraph (a)
d: Prescribing the form of statutory declaration, and the persons by whom a statutory declaration must be made, for the purposes of section 296ZB(3)
e: Prescribing the time limits within which the information disclosure required by any regulations made under this section must be made to the public:
f: Exempting or providing for the exemption of any person or class of persons from all or any of the requirements of any regulations made under this section:
g: Providing for the revocation of an exemption of any person or class of persons from all or any of the requirements of any regulations made under this section.
296ZB: Information to be supplied to chief executive
1: Every approved service delivery organisation must supply to the chief executive,—
a: Within 5 working days after the statements and information are first made available, a copy of all statements and information made available to the public under regulations made under section 296ZA
b: Any further statements, reports, agreements, particulars, or other information requested in writing by the chief executive that are reasonably necessary for the purpose of monitoring the organisation's compliance with those regulations.
2: Every approved service delivery organisation to whom a request is made under subsection (1)(b)
3: All statements, reports, agreements, particulars, or information supplied to the chief executive under subsection (1) section 296ZA(d)
296ZC: Supply of information relating to business of approved service delivery organisation
1: For the purpose of monitoring an approved service delivery organisation's compliance with regulations made under section 296ZA section 296Q
2: The Minister may revoke, vary, or amend a notice by giving a subsequent notice to the organisation.
3: An approved service delivery organisation commits an offence against this Act if it—
a: Fails to comply with any requirements of the Minister under this section; or
b: Supplies information or data that the organisation is required to supply under this section knowing that it is false or misleading in a material particular; or
c: Knowingly omits any material particular in any information or data that the organisation is required to supply under this section.
4: The penalty on conviction for an offence against subsection (3)(a) section 252(3)
5: The penalty on conviction for an offence against subsection (3)(b) or (c) section 252(1)
296ZD: Requirement that information be audited
1: The Minister may, by notice in writing to an approved service delivery organisation, require any information or data that the organisation is required to supply under section 296ZC
2: An approved service delivery organisation commits an offence against this Act if it fails to comply with this section.
3: The penalty on conviction for an offence against subsection (2) section 252(3)
296ZE: Disclosure of information to Minister
1: Any person must disclose to the Minister information relating to the affairs of an approved service delivery organisation if, in the course of or in connection with performing the role of auditor of the organisation, the person forms an opinion that there is a serious problem with the organisation.
2: For the purposes of this Part, a serious problem
a: Is not operating, or is likely not to operate, in any material respect in accordance with—
i: The provisions of this Act or the Fisheries Act 1983
ii: Any applicable standards and specifications; or
iii: An applicable direction under section 296Q
b: Is insolvent or likely to become insolvent.
3: For the avoidance of doubt, subsection (1) subsection (1)
4: This section applies despite any enactment or rule of law, or anything in a contract.
296ZF: Auditor to inform approved service delivery organisation of intention to disclose
An auditor must, before disclosing information to the Minister under section 296ZE
a: The auditor's intention to disclose the information; and
b: The nature of the information.
296ZG: Protection of auditors
1: No civil, criminal, or disciplinary proceedings lie against an auditor arising from the disclosure in good faith of information to the Minister under section 296ZE
2: No person may remove from office, or terminate the contract of appointment of, an auditor merely because of the disclosure in good faith of information to the Minister under section 296ZE
3: A tribunal, body, or authority having jurisdiction in respect of the professional conduct of an auditor must not make an order against, or do an act in relation to, that auditor in respect of the disclosure.
4: Information received by the Minister under section 296ZE
5: Nothing in subsection (4)
296ZH: Unique identifiers
1: The purpose of this section is—
a: To enable approved service delivery organisations to assign to any person specified in section 189
b: To restrict approved service delivery organisations from using such unique identifiers for purposes other than carrying out the specified functions, duties, or powers transferred to them under section 296B
2: Despite Information Privacy Principle 12(2) of the Privacy Act 1993 section 189
3: This section does not authorise an approved service delivery organisation to use a unique identifier assigned by the chief executive, except for the purpose of carrying out the specified functions, duties, or powers that have been transferred to that approved service delivery organisation under section 296B
296ZI: Regulations
1: The Governor-General may from time to time, by Order in Council, make regulations for all or any of the following purposes:
a: Specifying those failures to comply with specified standards or specifications, or directions under section 296Q
b: Prescribing the number of demerit points to be recorded in respect of specified failures:
c: Prescribing the amount of civil penalties payable in respect of different amounts or levels of demerit points incurred by an approved service delivery organisation in any financial year.
2: Without limiting subsection (1)
3: The total amount of civil penalties that may be incurred by an organisation in any financial year, as prescribed by regulations made under this section, may not exceed $500,000.
66: General regulations
1: Section 297(1) paragraph (g)
ga: Requiring notified users and registered operators of vessels to notify the chief executive of the user of the vessel from time to time: .
2: Section 297(1)(i) subparagraph (iii)
iii: Providing for remissions or refunds of deemed value amounts: .
3: Section 297(1) paragraph (m)
m: Prescribing—
i: The matters in respect of which fees or charges are payable under this Act, which may include, in relation to any application, an application fee and an additional processing charge:
ii: The amounts of the fees or charges, or the method or rates (including hourly rates) by which they are to be assessed, which may differ depending on whether or not an application is processed on an urgent basis:
iii: The persons liable to pay the fees or charges:
iv: The circumstances in which the Minister or the chief executive may remit or waive payment of the whole or any part of the fees or charges: .
4: Section 297(1) paragraph (n)
na: Prescribing infringement offences against this Act (which offences may not be offences of taking or possession of fish by a commercial fisher):
nb: Prescribing the form of infringement notices:
nc: Setting the infringement fee payable in respect of an infringement offence, which fee may not exceed $3,000; and setting different infringement fees for different infringement offences:
nd: Specifying serious non-commercial offences for the purposes of this Act, which offences must be offences against regulations made under this Act or the Fisheries Act 1983 .
5: Section 297(1)(r)
6: Section 297(1) paragraph (s)
sa: Specifying the order in which the chief executive is to action transactions specified in the regulations for the purposes of section 63 .
67: Certain notices to have status of regulations
1: Section 303(2) 283, 296O,
2: Section 303
3: Any notice given under section 11(4)(b)(i) Regulations (Disallowance) Act 1989
68: Circulars
1: Section 304(2)
a: By omitting the words , pursuant to regulations made under this Act,
b: By omitting the words promulgated pursuant to such regulations and
2: Section 304(3) promulgated pursuant to such regulations
69: Application of Commodity Levies Act 1990
Section 305(a) basis of one or more
70: New sections inserted
The principal Act is amended by inserting, after section 305
305A: Powers of chief executive when false or misleading information given
1: The chief executive may amend or revoke all or any part of an approval, authority, licence, permission, or permit given under this Act, or a decision made under this Act, or a registration completed under this Act, (the specified action
a: The chief executive is satisfied that the specified action was given, made, or completed on the basis of false or misleading information; and
b: The false or misleading information was material to the giving, making, or completion of the specified action; and
c: The chief executive gives notice in writing of his or her intention to amend or revoke the specified action to the appropriate one of the following:
i: The holder of the approval, authority, licence, permission, or permit; or
ii: The person in relation to whom the decision was made or the registration was completed; and
d: The notice is accompanied by a statement of the chief executive's reasons for the proposed revocation or amendment; and
e: The chief executive gives the person to whom the notice is given a reasonable opportunity to make submissions in relation to the proposed revocation or amendment; and
f: The chief executive considers any submissions made by that person.
2: An amendment or revocation under subsection (1)
a: The holder of the approval, authority, licence, permission, or permit; or
b: The person in relation to whom the decision was made or the registration was completed. Provisions relating to applications
305B: Requirements applying generally to applications and requests under this Act
1: An application or a request made under this Act to the chief executive must comply with the following requirements:
a: The application or request must be in the approved form (if any):
b: The application or request must be supported by such evidence or information as may be specified in the approved form:
c: The prescribed fee or charge (if any) must be paid in respect of the application or request.
2: The chief executive may, but does not have to, accept an application or request if it does not comply with subsection (1)
305C: Chief executive may require additional information
1: The chief executive may require an applicant or a person who makes a request under this Act to provide such relevant additional information or evidence as the chief executive considers necessary on reasonable grounds to enable the chief executive to consider the applicant's application or request.
2: The chief executive may require any such information or evidence to be given by way of a statutory declaration.
71: Protection of the Crown, etc
1: Section 308(1) and 67 of this Act 67, 67A, and 347A
2: Section 308(2)(c)
a: By inserting, after the expression 16, 19,
b: By inserting, after the expression 67, 67A,
c: By inserting, after the expression 340, 347A,
d: By omitting the expression and 369 369, 369A, 369B, 369C, 369D, 369E, and 396F
72: Transitional provisions relating to foreign ownership
The principal Act is amended by inserting, after section 333
333A:
1: This section applies to persons who are prevented from owning provisional catch history, quota, or annual catch entitlement under section 56 section 28Z of the Fisheries Act 1983
2: During the period beginning on the date of commencement of section 56 section 56
3: Despite subsection (2) Overseas Investment Act 1973
a: Declare that the person is not an overseas person under section 56(2)
b: Permit the person to hold quota, an interest in quota, an annual catch entitlement, or provisional catch history under section 57
4: Where a person to whom this section applies has made an application under section 57 section 56
5: While section 56 section 28Z of the Fisheries Act 1983
6: To avoid any doubt, nothing in this section allows a person to whom this section applies to increase his or her holding of, or interest in, quota, annual catch entitlement, or provisional catch history so as to exceed the amount of quota, annual catch entitlement, or provisional catch history that the person held immediately before the commencement of section 56
73: New sections substituted
The principal Act is amended by repealing section 340
340: Transitional provisions relating to allocation of annual catch entitlement
1: On the first day of the fishing year in which section 66
2: On or before the 15th day of the second month of that fishing year, the chief executive must allocate to each person who receives an amount of annual catch entitlement under subsection (1) (a ÷ 100,000,000) x (b-c) = d where—
a: is the number of quota shares for the stock held by the quota owner referred to in item a of the formula set out in section 66(2)
b: is the annual catch entitlement for the stock remaining unallocated in respect of that quota owner; and
c: is the lesser of—
a: The amount of the remaining unallocated annual catch entitlement referred to in item b of this formula:
b: 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
d: is the amount of annual catch entitlement to be allocated to the quota owner.
3: Any annual catch entitlement remaining unallocated after the allocation of annual catch entitlement under subsection (2)
4: Any annual catch entitlement calculated under this section must be rounded up or rounded down by the chief executive to the nearest kilogramme or, in the case of Foveaux Strait dredge oysters, to the nearest whole number of oysters.
5: Subject to subsection (3)
6: The chief executive must, as soon as practicable after allocating any annual catch entitlement in accordance with this section,—
a: Notify every quota owner of the amount of annual catch entitlement allocated to that quota owner under this section; and
b: Ensure that the amount of annual catch entitlement allocated is registered on the Annual Catch Entitlement Register.
7: Sections 67 and 67A section 66
8: If the Fisheries (Catch Against Quota) Regulations 1993 section 340A
340A: Transitional provisions relating to underfishing
1: If, in the fishing year ending in the calendar year in which section 28V of the Fisheries Act 1983 section 314 the first fishing year the second fishing year section 28V(6) of the Fisheries Act 1983 Fisheries (Catch Against Quota) Regulations 1993
2: This section does not apply to—
a: A stock listed in Schedule 5A
b: A stock for which the total allowable commercial catch at the beginning of the second fishing year is less than the total allowable commercial catch applying at the close of the first fishing year.
3: The chief executive must allocate annual catch entitlement under this section as soon as practicable after the 15th day after the end of the first fishing year.
4: The amount of annual catch entitlement allocated under subsection (1)
5: Any annual catch entitlement allocated under subsection (1) section 66 section 68
6: Any annual catch entitlement allocated under subsection (1)
7: The chief executive must, as soon as practicable after allocating any annual catch entitlement in accordance with this section,—
a: Notify every quota owner of the amount of annual catch entitlement allocated to that quota owner under this section; and
b: Ensure that the amount of annual catch entitlement allocated under this section is registered on the Annual Catch Entitlement Register.
74: Conversion of holdings from old register to new register
Section 74 repealed 30 September 2001 32 Fisheries Amendment Act 2001
75: Provisions relating to allocation of annual catch entitlement under leases in first fishing year
The principal Act is amended by inserting, after section 347
347A:
1: Despite section 347(2) section 66 section 347(2) section 347(2)
a: On the first day of that fishing year, 90% of the annual amount of annual catch entitlement provided for in section 347(2)(c)
b: On the date that the chief executive allocates annual catch entitlement for the stock under section 340(2) a x (b ÷ c) = d where—
a: is the amount of annual catch entitlement allocated under section 340(2)
b: is the amount of that individual transferable quota that is subject to the lessee's lease as recorded in the Transitional Register; and
c: is the quota weight equivalent of the lessor's total holding of individual transferable quota for the stock; and
d: is the amount of annual catch entitlement that is to be allocated to the lessee.
2: Section 317(3)
76: Provisions relating to caveats, etc, over converted quota
Section 349(1) section 273 section 268
77: Expiry of
section 354 Section 355(b) 2000 2002
78: Transitional provisions relating to sections 56 to 58 and 62
The principal Act is amended by inserting, after section 358
358A:
1: This section applies until Parts IV and VIII
2: Any reference in sections 56, 57, 58, and 62
3: Any reference in section 58 Part VIII section 28P of the Fisheries Act 1983
79: Transitional offences and penalties
1: Section 361(1) section 121(3) or section 296B(5) or section 296ZC(3) or section 296ZD(2)
2: Section 361(1)
d: In the case of an offence against section 296B(5) or section 296ZC(3) or section 296ZD(2)
80: Further provisions relating to allocation of quota
Section 364 subsection (3)
3A: Despite subsection (3) section 28V of the Fisheries Act 1983
81: Cost recovery
Section 365
a: By omitting the expression section 261 section 2(1)
b: By omitting the expression section 262 section 264
82: Foveaux Strait dredge oyster fishery subject to quota system
Section 368A subsection (10)
10: For the purposes of the application of this Act in relation to the Foveaux Strait dredge oyster fishery,—
a: The references to kilogrammes in this Act must be read as references to oyster numbers; and
b: The references to greenweight or meatweight in section 305(a)(iii)
83: New sections inserted
The principal Act is amended by inserting, after section 369
369A: Pale ghost shark subject to quota management system
1: On 1 October 1999, pale ghost shark becomes subject to the quota management system under Part 2A of the Fisheries Act 1983
2: Each person named in column 1 of Part 6 of the Ninth Schedule Part I of the First Schedule
3: Each person named in column 1 of Part 7 of the Ninth Schedule Part I of the First Schedule
4: Each person named in column 1 of Part 8 of the Ninth Schedule Part I of the First Schedule
5: Despite any other enactment, no person is entitled to be allocated individual transferable quota for pale ghost shark unless the allocation is authorised by this section.
369B: Southern blue whiting subject to quota management system
1: On 1 November 1999, southern blue whiting in Fishery Management Area 6 becomes subject to the quota management system under Part 2A of the Fisheries Act 1983
2: The Fisheries (Declaration of New Stock Subject to Quota Management System) Notice 1997 (SR 1997/279)
a: By revoking clause 2(c)
b: By inserting in clause 3(2) Southern blue whiting in any of quota management areas 1, 2, 3, 4, 5, 7, 8, 9, and 10
c: By revoking so much of the Schedule as relates to southern blue whiting in quota management areas 6B, 6I, and 6P.
369C: Allocation of quota for southern blue whiting in quota management areas SBW6A, SBW6B, SBW6I, and SBW6R
1: Each person named in column 1 of Part 9 of the Ninth Schedule
2: Each person named in column 1 of Part 10 of the Ninth Schedule
3: Each person named in column 1 of Part 11 of the Ninth Schedule
4: Each person named in column 1 of Part 12 of the Ninth Schedule
5: Despite any other enactment, no person is entitled to be allocated individual transferable quota for southern blue whiting in any of quota management areas SBW6A, SBW6B, SBW6I, and SBW6R unless the allocation is authorised by this section.
369D: Allocation of quota for southern blue whiting in quota management area SBW1
1: On 1 November 1999, all provisional catch history allocated before that date in respect of southern blue whiting in any of Fishery Management Areas 1, 2, 3, 4, 5, 7, 8, 9, and 10 becomes provisional catch history for southern blue whiting in quota management area SBW1.
2: This section does not create a right to appeal under section 51(1)
3: Subsection (2)
369E: Southern blue whiting taken from 1 April 1999 to 31 October 1999
If a commercial fisher has quota allocated to the fisher under section 369C
a: Sections 28ZA, 28ZD, and 28ZF of the Fisheries Act 1983
b: The Fisheries (Catch Against Quota) Regulations 1993
369F: Initial total allowable commercial catch and total allowable catch for southern blue whiting in quota management areas SBW6A, SBW6B, SBW6I, and SBW6R
1: The initial total allowable commercial catch and total allowable catch, respectively, for southern blue whiting in quota management area SBW6A are each 1640 tonnes.
2: The initial total allowable commercial catch and total allowable catch, respectively, for southern blue whiting in quota management area SBW6B are each 15 400 tonnes.
3: The initial total allowable commercial catch and total allowable catch, respectively, for southern blue whiting in quota management area SBW6I are each 35 460 tonnes.
4: The initial total allowable commercial catch and total allowable catch, respectively, for southern blue whiting in quota management area SBW6R are each 5500 tonnes.
5: The following provisions are for the avoidance of doubt:
a: Any initial total allowable commercial catch referred to in this section may be altered from time to time under section 20 of this Act section 28OB of the Fisheries Act 1983
b: Any initial total allowable catch referred to in this section may be altered from time to time under section 13 of this Act
84: New sections inserted
The principal Act is amended by inserting, after section 369F
369G: Transitional provision relating to Chatham Islands fishers
1: On the first day of each fishing year, the Minister must create 250 tonnes of annual catch entitlement for bluenose ( Hyperoglyphe antarctica
a: Is additional to annual catch entitlement generated or created under any of sections 66, 67A, and 68
b: Must be transferred by the chief executive only in accordance with this section; and
c: Subject to this section, has the same characteristics as annual catch entitlement allocated under section 67
2: Subsection (3)
a: Following the calculations referred to in section 76(1A) or (1B)
b: The chief executive is satisfied that the bluenose in BNS 3 was landed by the commercial fisher and received by a licensed fish receiver in the Chatham Islands.
3: A commercial fisher to whom this subsection applies may, at any time during the fishing year or not later than the close of the 15th day after the end of that fishing year, offer the chief executive an executed transfer of an amount of annual catch entitlement that is—
a: For any stock declared by a notice under section 77
b: Of an amount, calculated in accordance with the ratio specified in that notice, that is no greater than the amount by which the fisher's reported catch for bluenose in BNS 3 exceeded his or her annual catch entitlement.
4: As soon as practicable following receipt of the transfer, the chief executive must transfer to the commercial fisher, from the annual catch entitlement created under subsection (1) section 77
5: Despite the repeal of section 77 section 28 of the Fisheries Act 1996 Amendment Act 1999
a: References in section 77(1)
b: References in section 77(1)(a)
c: The reference in section 77(1) to section 78 section 369G
6: In this section and in section 369H BNS 3 First Schedule of the Fisheries (Quota Management Areas, Total Allowable Catches, and Catch Histories) Notice 1986
369H: Expiry of section 369G
Section 369G
a: The date on which any subdivision of BNS 3 under this Act takes effect:
b: The date that is 2 years after the commencement of section 369G
2: Repeals, consequential amendments, and transitional provisions
85: Repeals
The following provisions of the principal Act are repealed:
a: Sections 27 to 29
b: Section 65
c: Sections 61 to 71
d: Section 73
e: Section 90
f: Section 95
g: Sections 99 125 131
h: Section 167
i: Sections 242 243
86: Consequential repeals and amendment
Sections 80(4) 97(10) 109(3) 110(4) 112(3)
87: Consequential amendment to Summary Proceedings Act 1957
1: Section 2(1) Summary Proceedings Act 1957 infringement notice (f)
fa: Section 260A of the Fisheries Act 1996
2: Part 2 Summary Proceedings Act 1957 Part 6 296B(5) Approved service delivery organisation knowingly falsifying information 296ZC(3)(b) or (c) Approved service delivery organisation knowingly supplying false or misleading information, or knowingly omitting material particular in information supplied to Minister.
88: Amendments to schedules
1: Part 3 Schedule 1
2: The principal Act is amended by inserting, after Schedule 5 Schedule 2
3: Schedule 6 Jasus verreauxi, Jasus edwardsii
4: The principal Act is amended by repealing Schedule 8 Schedule 3
5: Schedule 9 Parts 6 to 12 set out in Schedule 4
89: Offices of Registrars and Deputy Registrars abolished
The following offices are abolished:
a: Registrar of Fishing Vessels; and
b: Deputy Registrar of Fishing Vessels; and
c: Registrar of Permits; and
d: Deputy Registrar of Permits; and
e: Registrar of Quota; and
f: Deputy Registrar of Quota; and
g: Registrar of Annual Catch Entitlement; and
h: Deputy Registrar of Annual Catch Entitlement.
90: Statutory references to Registrars and Deputy Registrars
1: This section applies to every reference in the principal Act to—
a: The Registrar of Fishing Vessels; or
b: The Registrar of Permits; or
c: A Registrar of Quota; or
d: A Registrar of Annual Catch Entitlement; or
e: Any of those registrars generally.
2: Every reference to which this section applies must be read as a reference to the chief executive.
3: Every reference in the principal Act to the chief executive being required to notify a registrar of a matter, or a registrar being required to notify the chief executive of a matter, must be disregarded.
91: Fisheries (Cost Recovery Levies) Order
Despite the repeal of section 262 section 264