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Fisheries Act 1996

Quota management system - Deemed values

76B: Effect of granting catch balancing relief

You could also call this:

"What happens when you get catch balancing relief"

Illustration for Fisheries Act 1996

If you get catch balancing relief, the chief executive recalculates the annual deemed value amount you owe. They do this by comparing and calculating things as if you owned the catch entitlement at the end of registration, using section 76(1B) and (2A). They tell you the new amount in a written notice, as per section 76A(6). If the new amount is less than the old amount, you get the difference back. The chief executive gives you this refund because your annual deemed value amount has decreased. You find out about the new amount and get your refund when you get the written notice. When you get the written notice, any reduction in the amount you owe takes effect. If your fishing permit was suspended, it might not be suspended anymore after you get the notice, depending on the new amount. The suspension ends when you get the written notice, as stated in section 79(1).

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM2914111.

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76A: Application for catch balancing relief, or

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Part 4Quota management system
Deemed values

76BEffect of granting catch balancing relief

  1. If the chief executive decides to grant an applicant catch balancing relief for a specific amount of annual catch entitlement under section 76A, the chief executive must—

  2. recalculate the annual deemed value amount (if any) for which the applicant is liable, by performing the comparison and calculations referred to in section 76(1B) and (2A) as if the applicant had owned the specific amount of annual catch entitlement at the close of registration; and
    1. include in the written notice given to the applicant under section 76A(6) notice of the annual deemed value amount, recalculated under paragraph (a), for which the applicant is liable; and
      1. remit to the applicant the difference between the annual deemed value amount previously calculated and the amount recalculated under paragraph (a).

        1. For the purpose of section 79(1),—

        2. any reduction in the annual deemed value amount owed by an applicant that results from the recalculation under subsection (1)(a) takes effect on the date that written notice of the recalculated amount is given under subsection (1)(b); and
          1. if a fishing permit ceases to be suspended because of the recalculation, the suspension ends no earlier than the date the written notice of the recalculated amount is given.

            Notes
            • Section 76B: inserted, on , by section 5 of the Fisheries Amendment Act 2010 (2010 No 16).