Fisheries Act 1996

Quota management system - Allocation of quota

45: Criteria of eligibility to receive quota

You could also call this:

"Who can get a fishing quota?"

Illustration for Fisheries Act 1996

You can get quota for a fish stock if you meet some conditions. You must be a holder of a relevant authority when the notice is published. This means you have a fishing permit or another type of permit. You must not be an overseas person, or if you are, you need consent to get quota. You also need to have provisional catch history recorded in your name. A relevant authority includes a fishing permit or an international fishing permit. You can have a permit to fish in New Zealand or in another country's waters. The chief executive decides what is a valid authority to fish in another country. You need to meet these conditions to be eligible for quota.

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Part 4Quota management system
Allocation of quota

45Criteria of eligibility to receive quota

  1. A person is eligible to receive quota for any stock declared by notice in the Gazette under section 18 to be subject to the quota management system if the person—

  2. at the date of the publication of the notice is—
    1. a holder of a relevant authority; or
        1. the estate of a fishing permit holder to which section 32A applies; and
        2. 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
          1. has obtained for the stock, whether by an allocation or a transfer in accordance with this Act, provisional catch history that is recorded in that person's name in the Quota Register.
            1. In this section, relevant authority means any of the following:

            2. a fishing permit:
              1. an international fishing permit for the high seas:
                1. both—
                  1. an international fishing permit for the national fisheries jurisdiction of a foreign country; and
                    1. what in the judgement of the chief executive is a valid authority under the law of that country to fish using a New Zealand ship in that national fisheries jurisdiction.
                    Notes
                    • Section 45(1)(a)(i): replaced, on , by section 8(1) of the Fisheries (International Fishing and Other Matters) Amendment Act 2025 (2025 No 18).
                    • Section 45(1)(a)(ii): amended, on , by section 16(1) of the Fisheries Act 1996 Amendment Act 1999 (1999 No 101).
                    • Section 45(1)(a)(iii): added, on , by section 16(2) of the Fisheries Act 1996 Amendment Act 1999 (1999 No 101).
                    • Section 45(1)(b): substituted, on , by section 75 of the Overseas Investment Act 2005 (2005 No 82).
                    • Section 45(2): inserted, on , by section 8(2) of the Fisheries (International Fishing and Other Matters) Amendment Act 2025 (2025 No 18).