32Criteria of eligibility to receive provisional catch history for quota management stock

1. If a stock is declared by notice under section 18 to be subject to the quota management system, a person is eligible to receive provisional catch history for the stock if the person—

2. either,—
   2. was issued a fishing permit under section 2(2) of the Fisheries Amendment Act 1994; or
   3. in the case of any highly migratory species outside New Zealand fisheries waters or tuna inside New Zealand fisheries waters, at any time during any applicable qualifying year, held the relevant authority to take the stock; or
   4. in any other case, held, at any time during any applicable qualifying year, a fishing permit issued under section 63 of the Fisheries Act 1983 for any species of fish, aquatic life, or seaweed; and
3. in any case, is not an overseas person or, if an overseas person, either has obtained consent under the overseas investment fishing provisions to acquire provisional catch history or quota or is exempt from the requirement for that consent,—
and has provided the chief executive with eligible returns for the stock for the applicable qualifying year or qualifying years.

4. For the purposes of subsection (1)(a)(iii), relevant authority means any of the following:

5. a fishing permit issued under section 63 of the Fisheries Act 1983 or under section 91 that authorised the holder to take the stock:
6. in relation to any time before section 5 of the Fisheries (International Fishing and Other Matters) Amendment Act 2025 came into force,—
   1. a high seas fishing permit under section 113H that authorised the holder to take the stock; or
   2. what in the judgement of the chief executive was a valid authority to take the stock using a New Zealand ship in the national fisheries jurisdiction of a foreign country:
7. in relation to any later time,—
   1. an international fishing permit for the high seas that authorised the holder to take the stock; or
   2. both—
      1. an international fishing permit for the national fisheries jurisdiction of a foreign country that authorised the holder to take the stock; and
      2. what in the judgement of the chief executive was a valid authority under the law of that country to take the stock using a New Zealand ship in that national fisheries jurisdiction.

8. For the purposes of this Part, an eligible return—

9. means a lawfully completed catch landing return or a catch, effort, and landing return as referred to in the Fisheries (Reporting) Regulations 2001 or the Fisheries (Reporting) Regulations 1990 that—
   1. in the case of any stock referred to in subparagraph (ii) or subparagraph (iii) of subsection (1)(a), was given to the chief executive on or before the 15th day after the close of each applicable qualifying year; or
   2. in any other case, was given to the chief executive on or before 15 October 1994:
10. includes, in relation to any highly migratory species, any lawfully completed return that—
    1. is of a kind required by or under section 113K, or recognised for the purposes of this section by regulations made under section 297(1)(ha); and
    2. was given to the chief executive on or before the 15th day after the close of each applicable qualifying year, or on or before such later date as may be specified for the purpose by regulations made under section 297(1)(ha).