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Fisheries Act 1996

Quota management system - Appeals

52: Effect of decision to alter provisional catch history

You could also call this:

"What happens when your fishing catch history is changed"

Illustration for Fisheries Act 1996

When a decision is made to change your provisional catch history, the chief executive will update the records as soon as possible. The chief executive will make sure the change is made after a decision is released or an appeal is heard. You will get the quota you are entitled to. If your provisional catch history is final, the chief executive will work out how much quota you should get, using the rules in section 53. The chief executive will then give you the quota you are entitled to. If there is not enough quota, the chief executive will take some from other quota owners. Any quota that is left over will belong to the Crown, as stated in section 49. If more than one person's provisional catch history has been changed, the chief executive will try to make all the changes at the same time. Once your provisional catch history is final, it cannot be changed. You are treated as the owner of your provisional catch history, as stated in section 162.

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Part 4Quota management system
Appeals

52Effect of decision to alter provisional catch history

  1. The chief executive shall, as soon as practicable after—

  2. the Catch History Review Committee releases a decision; or
    1. any court on review of any decision of the Committee makes an order in respect of any appeal,—
          1. adjust the entry in the appropriate register for the provisional catch history of the person concerned in such manner as may be necessary to give full effect to the decision or to the order.

        1. Except as provided in subsection (3), subsection (1) does not require the chief executive to allocate any quota as a result of any decision or order referred to in subsection (1).

        2. Subject to section 54, at the close of the last day of a fishing year in which a person's provisional catch history has been finally determined other than by the transfer of provisional catch history, the chief executive shall—

        3. transfer the person's provisional individual transferable quota for the relevant stock (if any) to the Crown, and that transferred quota shall be held as unencumbered provisional individual transferable quota; and
          1. calculate, in the manner set out in section 53, the amount of individual transferable quota for the stock (if any) to which the person is entitled following the adjustment to the person's provisional catch history under subsection (1); and
            1. either,—
              1. if the Crown has sufficient unencumbered provisional individual transferable quota to satisfy the person's entitlement to individual transferable quota for the stock, transfer to the person in the form of individual transferable quota such amount of its own provisional individual transferable quota as is sufficient to satisfy that entitlement; or
                1. if the Crown does not have sufficient unencumbered provisional individual transferable quota to satisfy the person's entitlement to individual transferable quota for the stock, deduct from all quota owners (including the Crown in respect of its encumbered quota and unencumbered individual transferable quota) on a pro rata basis sufficient quota so that, after adding the quota so obtained to the Crown's unencumbered provisional individual transferable quota holdings, the Crown has sufficient unencumbered provisional individual transferable quota to satisfy the person's entitlement to quota for the stock, and then transfer to the person in the form of individual transferable quota such amount of quota as is sufficient to satisfy that entitlement; and
                2. if any appeals result in persons being entitled to less individual transferable quota than the amount of provisional individual transferable quota that was transferred to the Crown under paragraph (a) and quota for that stock was allocated under section 47(1)(b), from the amount of quota remaining after making all allocations required under paragraph (c),—
                  1. calculate, on a pro rata basis, for all persons (other than persons subject to the appeals and Te Ohu Kai Moana Trustee Limited) who received an allocation under section 47(1)(b), the amount of additional quota to which each person is entitled up to the amount each person would receive under section 53(1); and
                    1. after making the calculation in subparagraph (i), allocate to all persons (other than the persons subject to the appeals and Te Ohu Kai Moana Trustee Limited) who received an allocation in accordance with section 47(1)(b) and who have continuously owned and continue to be registered on the Quota Register as the owner of quota for that stock, their additional allocation of quota as calculated under subparagraph (i); and
                      1. if any quota remains after allocation under subparagraph (ii) as a result of ineligibility of persons who have not continuously owned and continue to be registered on the Quota Register as the owner of quota, allocate on a pro rata basis to all persons (other than Te Ohu Kai Moana Trustee Limited) who received an allocation in accordance with section 47(1)(b) and who have continuously owned and continue to be registered on the Quota Register as the owner of quota for that stock up to the amount each person would receive under section 53(1).

                      2. Subject to section 54, at the close of the last day of a fishing year in which provisional catch history has been transferred to a person (which fishing year shall be a fishing year after the year in which quota was allocated for that stock under section 47), the chief executive shall—

                      3. calculate, in the manner set out in section 53, the amount of individual transferable quota for the stock (if any) to which the person is entitled by virtue of the provisional catch history transferred to that person; and
                        1. either,—
                          1. if the Crown has sufficient unencumbered provisional individual transferable quota to satisfy the person's entitlement to individual transferable quota for the stock, transfer to the person in the form of individual transferable quota such amount of its own provisional individual transferable quota as is sufficient to satisfy that entitlement; or
                            1. if the Crown does not have sufficient unencumbered provisional individual transferable quota to satisfy the person's entitlement to individual transferable quota for the stock, deduct from all quota owners (including the Crown in respect of its encumbered quota and unencumbered individual transferable quota) on a pro rata basis sufficient quota so that, after adding the quota so obtained to the Crown's unencumbered provisional individual transferable quota holdings, the Crown has sufficient unencumbered provisional individual transferable quota to satisfy the person's entitlement to quota for the stock, and then transfer to the person in the form of individual transferable quota such amount of quota as is sufficient to satisfy that entitlement.

                              1. Any quota remaining unallocated under subsection (3)(d) is the property of the Crown subject to section 49.

                              2. If the provisional catch history of more than 1 person has been adjusted under this section, then, in taking the steps set out in subsection (3) or subsection (4), the chief executive shall (so far as is possible) take those steps simultaneously in respect of all such persons.

                              3. The provisional catch history of every person whose provisional catch history has been finalised and registered under subsection (1) shall, on and from the date of registration, be conclusive and shall be permanently fixed for all purposes.

                              4. For the purposes of this section, a person registered as the owner of provisional individual transferable quota by virtue of section 162 is treated as the owner of the provisional catch history to which the quota relates.

                              Notes
                              • Section 52(1): amended, on , pursuant to section 90(2) of the Fisheries Act 1996 Amendment Act 1999 (1999 No 101).
                              • Section 52(1)(b): amended, on , by section 25(1) of the Fisheries Amendment Act (No 3) 2004 (2004 No 76).
                              • Section 52(1)(c): repealed, on , by section 25(1) of the Fisheries Amendment Act (No 3) 2004 (2004 No 76).
                              • Section 52(2): amended, on , pursuant to section 90(2) of the Fisheries Act 1996 Amendment Act 1999 (1999 No 101).
                              • Section 52(3)(c)(ii): amended, on , by section 3(1) of the Fisheries Act 1996 Amendment Act (No 2) 1999 (1999 No 103).
                              • Section 52(3)(d): substituted, on , by section 3(2) of the Fisheries Act 1996 Amendment Act (No 2) 1999 (1999 No 103).
                              • Section 52(3)(d)(i): amended, on , by section 214 of the Maori Fisheries Act 2004 (2004 No 78).
                              • Section 52(3)(d)(ii): amended, on , by section 214 of the Maori Fisheries Act 2004 (2004 No 78).
                              • Section 52(3)(d)(ii): amended, on , by section 8(1) of the Fisheries (Remedial Issues) Amendment Act 2001 (2001 No 33).
                              • Section 52(3)(d)(iii): amended, on , by section 214 of the Maori Fisheries Act 2004 (2004 No 78).
                              • Section 52(3)(d)(iii): amended, on , by section 8(2) of the Fisheries (Remedial Issues) Amendment Act 2001 (2001 No 33).
                              • Section 52(4): amended, on , by section 25(2)(a) of the Fisheries Amendment Act (No 3) 2004 (2004 No 76).
                              • Section 52(4)(b): amended, on , by section 25(2)(b) of the Fisheries Amendment Act (No 3) 2004 (2004 No 76).
                              • Section 52(4)(b)(ii): amended, on , by section 3(3)(a) of the Fisheries Act 1996 Amendment Act (No 2) 1999 (1999 No 103).
                              • Section 52(4)(c): repealed, on , by section 25(2)(b) of the Fisheries Amendment Act (No 3) 2004 (2004 No 76).
                              • Section 52(4A): inserted, on , by section 3(4) of the Fisheries Act 1996 Amendment Act (No 2) 1999 (1999 No 103).
                              • Section 52(4A): amended, on , by section 25(3) of the Fisheries Amendment Act (No 3) 2004 (2004 No 76).
                              • Section 52(7): added, on , by section 8(4) of the Fisheries (Remedial Issues) Amendment Act 2001 (2001 No 33).