Fisheries Act 1996

Quota management system - Overseas investment in and aggregation of quota

57E: Approach to criteria for consent

You could also call this:

"How Ministers Decide on Overseas Investments in New Zealand's Fisheries"

Illustration for Fisheries Act 1996

When you want to invest in New Zealand's fisheries from overseas, the Ministers consider your application. They look at the rules that apply to overseas investments in fishing. You can get consent if you meet all the criteria in section 57G. If your investment fits into more than one category, the Ministers look at the rules for all categories. But if the rules are the same, they only need to consider them once. The Ministers can talk to other people to help them make a decision about your application. The Ministers must say yes to your application if you meet all the criteria. They must say no if you do not meet all the criteria.

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"What is an overseas investment in New Zealand fishing quota?"


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57F: Who are relevant overseas persons, and individuals with control, for overseas investments, or

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Part 4Quota management system
Overseas investment in and aggregation of quota

57EApproach to criteria for consent

  1. The relevant Ministers, in considering whether or not to grant consent to an overseas investment transaction under the overseas investment fishing provisions,—

  2. must have regard to only the criteria and factors that apply under the overseas investment fishing provisions (subject to this section); and
    1. may consult with any other person or persons, as the Ministers consider appropriate; and
      1. must grant consent if satisfied that all of the criteria in section 57G are met; and
        1. must decline to grant consent if not satisfied that all of the criteria in section 57G are met.
          1. For a transaction that is in more than 1 category of overseas investment under this Act and the Overseas Investment Act 2005, the relevant Ministers must have regard to the criteria that apply to all of the relevant categories.

          2. However, if the criteria are the same, the relevant Ministers only need to consider the same criteria once (and not consider them under each relevant category).

          Notes
          • Section 57E: inserted, on , by section 73 of the Overseas Investment Act 2005 (2005 No 82).