Part 4Quota management system
Allocation of quota
45Criteria of eligibility to receive quota
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—
- at the date of the publication of the notice is—
- a holder of a relevant authority; or
-
- the estate of a fishing permit holder to which section 32A applies; and
- a holder of a relevant authority; or
- 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 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.
In this section, relevant authority means any of the following:
- a fishing permit:
- an international fishing permit for the high seas:
- both—
- an international fishing permit for the national fisheries jurisdiction of a foreign country; and
- 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.
- an international fishing permit for the national fisheries jurisdiction of a foreign country; and
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).


