Fisheries Act 1996

Quota management system - Calculation of provisional catch history if no individual catch entitlement

32A: Application of Part 4 to estate of deceased fishing permit holder

You could also call this:

"What happens to a fishing permit when the holder dies"

If you hold a fishing permit and you die, your estate is treated as the holder of the permit. This means your estate is dealt with as if you were still alive for the purposes of this part of the law. When working out if you are eligible for a provisional catch history or quota, it is enough if you held a current fishing permit at the time of your death. If a notice is published under section 18, you must have held a current fishing permit before you died to be eligible. A fishing permit includes an international fishing permit issued under section 113H. You should know that a fishing permit can be an international permit. In this situation, the law applies to your estate as if you were still alive and holding the permit.

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This page was last updated on 12 November 2025

View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM395914.

Topics:

Environment and resources > Farming and fishingMoney and consumer rights > Industry rules

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

"Who can get a provisional catch history for certain fish stocks"

32B: Expiry of section 32A, or

"When section 32A stops being part of the law"

Part 4Quota management system
Calculation of provisional catch history if no individual catch entitlement

32AApplication of Part 4 to estate of deceased fishing permit holder

Subsections (2) and (3) apply for the purposes of this Part, in relation to any fishing permit other than a fishing permit to which section 63A of the Fisheries Act 1983 or section 93A of this Act relates, where the holder of the fishing permit has died.
The deceased's estate must be treated as the holder of the fishing permit for the purposes of this Part.
Where this Part requires that a person, at the date of publication of a notice under section 18, hold a fishing permit that is current before eligibility for provisional catch history or quota can be determined or provisional catch history or quota allocated, it is sufficient if the deceased held a current fishing permit at the date of the deceased’s death.
In this section, fishing permit includes an international fishing permit issued under section 113H.

Notes

Section 32A: inserted, on 9 September 1999, by section 12 of the Fisheries Act 1996 Amendment Act 1999 (1999 No 101).
Section 32A(3): replaced, on 29 September 2025, by section 6(1) of the Fisheries (International Fishing and Other Matters) Amendment Act 2025 (2025 No 18).
Section 32A(4): added, on 1 October 2004, by section 11 of the Fisheries Amendment Act (No 3) 2004 (2004 No 76).
Section 32A(4): amended, on 29 September 2025, by section 6(2) of the Fisheries (International Fishing and Other Matters) Amendment Act 2025 (2025 No 18).