Fisheries Act 1996

Quota management system - Quota management areas

26: Effect on quota if quota management area altered

You could also call this:

"What happens to your fishing quota if the fishing area boundaries change?"

Illustration for Fisheries Act 1996

If an order is made to alter a quota management area under section 25, you need to know what happens to the quota. The chief executive must allocate quota according to an agreement or plan, and in the same form as it was held before the change. You will be told how many quota shares you have been allocated and given a schedule showing the allocation of quota shares to other owners. If you own quota, you will be notified of the changes and given a schedule of the new quota allocations. On the last day of the fishing year before the change takes effect, your existing quota will be cancelled, but your rights and obligations will apply to the new quota. Your preferential allocation rights will be apportioned in the same way as the quota allocation. This section does not give Te Ohu Kai Moana Trustee Limited any entitlement to further quota allocation under section 44 or any other enactment.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM395578.


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25B: Alteration of quota management areas without agreement of quota owners, or

"The Minister can change fishing areas without owners' okay"


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27: Characteristics of individual transferable quota, or

"What is an individual transferable quota in fishing?"

Part 4Quota management system
Quota management areas

26Effect 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, the chief executive must allocate quota—

  3. in accordance with the agreement referred to in section 25A, or with the plan referred to in section 25B, as the case may be; and
    1. in the form in which the quota was held immediately before the alteration takes effect.
      1. The chief executive must, as soon as practicable after the order is made, cause every quota owner affected by the alteration—

      2. 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
        1. to be given a schedule setting out the allocation of quota shares to all other quota owners for each new stock.
          1. 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 is cancelled, but all rights, obligations, and liabilities (including liability to forfeiture) relating to the cancelled quota apply to the new quota.

          2. All preferential allocation rights held under section 23 must be apportioned in the same manner as quota is allocated under subsection (2).

          3. This section does not confer on Te Ohu Kai Moana Trustee Limited any entitlement to any further allocation of quota under section 44 or under any other enactment.

          Notes
          • Section 26: substituted, on , by section 10 of the Fisheries Act 1996 Amendment Act 1999 (1999 No 101).
          • Section 26(6): amended, on , by section 214 of the Maori Fisheries Act 2004 (2004 No 78).