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Fisheries Act 1996

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

36: Notification of allocation of provisional catch history

You could also call this:

"When you find out how much fish you can catch"

Illustration for Fisheries Act 1996

When the chief executive has finished working out your provisional catch history, they will let you know. They will tell you how much provisional catch history you can have. The chief executive will send you a notice with this information. The notice will be sent to your last known address and will include information about your right to appeal under section 51(1)(b). You will also be told that you must lodge your appeal by a certain date. If you are not eligible to receive quota, the notice will tell you that you can transfer your provisional catch history within 20 working days. The chief executive will also notify the Registrar of Quota about your provisional catch history. They will tell the Registrar how much provisional catch history you have been allocated and whether you are eligible to receive quota. After a certain date, the chief executive will let the Registrar know if you or they have appealed to the Catch History Review Committee under section 51.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM395945.

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35A: Amendment of notification of eligibility to receive provisional catch history, or

"Changing who can get a provisional catch history"

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37: Transfer of provisional catch history, or

"Transferring unused fishing catch history to someone else"

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

36Notification of allocation of provisional catch history

  1. As soon as practicable after the specified date referred to in section 35(2)(ea), the chief executive shall—

  2. complete his or her determination of any objection or notification received under section 35:
    1. in the case of any person whom the chief executive considers to be eligible to receive provisional catch history for a stock, allocate the amount of such provisional catch history as the chief executive considers the person is eligible to receive:
      1. notify the person concerned,—
        1. in the case of any person whom the chief executive considers to be eligible to receive provisional catch history for a stock, of the allocation and the amount of provisional catch history; and
          1. in all cases, of the result of any determination under paragraph (a).

          2. Every notification under subsection (1) shall be sent to the person's last known address and shall state—

          3. both—
            1. the person's right to appeal under section 51(1)(b); and
              1. that the appeal must be lodged not later than the date specified for the purpose in the notice; and
              2. if the chief executive considers under section 35(1)(b) that the person is not eligible to receive quota, that, unless the person lodges an appeal not later than the date specified under paragraph (a)(ii), the person may transfer the person's provisional catch history within the period of 20 working days commencing on the day after that specified date, and that, if the provisional catch history is not transferred within that period, it shall be deemed to be cancelled on the expiration of that period; and
                1. if the chief executive considers, under section 35(1)(b)(ii)(B), that the person is not eligible to receive quota,—
                  1. the person's right to appeal under section 51(1)(b) and apply for a declaration under section 51(2); and
                    1. that any appeal to the Catch History Review Committee or application for a declaration to the High Court must be lodged not later than the date specified under paragraph (a)(ii).

                    2. The date referred to in paragraphs (a)(ii) and (c)(ii) of subsection (2) and specified in a notification under subsection (1) shall be not less than 60 working days after the date of the notification.

                    3. As soon as practicable after notifying persons under subsection (1), the chief executive shall notify the Registrar of Quota of—

                    4. the amount of provisional catch history the chief executive has allocated to each person; and
                      1. the name of every person allocated provisional catch history for the stock who the chief executive believes is not eligible to receive quota.

                        1. As soon as practicable after the specified date referred to in subsection (2)(c)(ii), the chief executive shall notify the Registrar of Quota of whether any person or the chief executive has appealed to the Catch History Review Committee under section 51 in respect of any provisional catch history.

                        Notes
                        • Section 36(1): amended, on , by section 6 of the Fisheries Amendment Act 2001 (2001 No 65).
                        • Section 36(1)(a): amended, on , by section 11 of the Fisheries (Remedial Issues) Amendment Act 1998 (1998 No 67).