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Fisheries Act 1996

Quota management system - Overseas investment in and aggregation of quota

61: Quota held in excess of aggregation limits to be forfeit

You could also call this:

"What happens if you break the rules and have too much fishing quota"

Illustration for Fisheries Act 1996

If you get quota in a way that breaks the rules in section 59 or section 60, the chief executive can take action. You might get a notice saying your quota will be taken by the Crown if you do not go to the High Court within 60 working days. The chief executive can also put a caveat on your quota, which means you cannot sell or transfer it. If you do not go to the High Court or the court says you broke the rules, your quota will be taken by the Crown without any payment to you. The Crown will then deal with the quota according to section 62. When this section talks about a "person", it means the same thing as in section 59(10) and (11). If a caveat is put on your quota, it will stay there until the chief executive or a court removes it. You must follow the rules, or you might lose your quota. The chief executive is in charge of making sure you follow the rules.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM396349.

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60: Minister may consent to persons holding quota in excess of aggregation limits, or

"The Minister can allow people to have more fishing quota than the usual limit."

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62: Provisions relating to forfeit property, or

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

61Quota held in excess of aggregation limits to be forfeit

  1. If the chief executive believes on reasonable grounds that any person has acquired any quota in breach of section 59 or any consent given by the Minister under section 60, the chief executive—

  2. may direct that a caveat be registered in the appropriate register under Part 8 in respect of all quota owned by that person; and
    1. shall notify in writing the owner that quota acquired in breach of section 59 or any consent given by the Minister under section 60 shall be forfeit to the Crown without compensation unless, within 60 working days after the date specified in the notice, the owner applies to the High Court for a declaration as to whether that quota was acquired in breach of section 59 or any consent given by the Minister under section 60.

      1. Any caveat directed to be registered under subsection (1)(a) shall remain on the register until removed by direction of the chief executive or order of a court pursuant to any proceedings referred to in subsection (1)(b).

      2. If any person whose quota has been caveated under subsection (1) fails to apply to the High Court under that subsection or the High Court declares the quota to have been acquired in breach of section 59 or any consent given by the Minister under section 60, then any quota held in breach of those sections (which quota shall be the quota acquired most recently in time) shall be forfeit to the Crown without compensation.

      3. Any quota forfeit to the Crown under subsection (3) shall be dealt with in accordance with section 62.

      4. In this section, person has the same meaning as in section 59(10) and (11).

      Compare
      Notes
      • Section 61(5): substituted, on , by section 11 of the Fisheries Amendment Act 2001 (2001 No 65).