Fisheries Act 1996

Quota management system - Overseas investment in and aggregation of quota

58A: Powers of court on application for declaration under section 58

You could also call this:

"What happens if a court decides you're not allowed to own fishing quota?"

If you apply for a declaration under section 58 and the court says you are an overseas person, the court can make another order. The court can order that you lose your interest in fishing quota without getting any money back. The court can also order you to sell your interest in fishing quota within a certain time, which is usually 60 working days. If you have provisional catch history or provisional individual transferable quota, the 60 working days start after the individual transferable quota is allocated. In other cases, the 60 working days start after the court makes the order. You can find more information about this in section 58(3)(a). The court's order is important because it affects your interest in fishing quota. You can find more information about the law in the Overseas Investment Act 2005.

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This page was last updated on 12 November 2025

View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM396329.

Topics:

Environment and resources > Farming and fishingMoney and consumer rights > Industry rules

58: Interest in fishing quota that is overseas investment in fishing quota to be forfeit, or

"Losing fishing rights if you're a foreign investor without permission"

58B: Interest in fishing quota forfeited under section 58 or section 58A must be dealt with in accordance with section 62, or

"What happens to your fishing quota if it's taken away"

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

58APowers of court on application for declaration under section 58

This section applies if, on an application for a declaration by a person (A) under section 58(3)(a), the court declares A to be an overseas person.
In that case, the court may also order—
that the relevant interest in fishing quota be forfeit to the Crown without compensation; or
the disposal by A of the relevant interest in fishing quota within a specified period that,—
1. in the case of provisional catch history or provisional individual transferable quota, is not more than 60 working days after the date on which any individual transferable quota is allocated for that provisional catch history or provisional individual transferable quota:
2. in any other case, is not more than 60 working days after the order.

Notes

Section 58A: inserted, on 25 August 2005, by section 73 of the Overseas Investment Act 2005 (2005 No 82).