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Fisheries Act 1996

Quota management system - Deemed values

76: Catch to be counted against annual catch entitlement

You could also call this:

"How your fishing catch affects your yearly limit"

Illustration for Fisheries Act 1996

You are a commercial fisher if you have a fishing permit. The chief executive checks your catch each month. They compare your catch to your allowed catch. You are a commercial fisher if you use a New Zealand ship to fish. The chief executive checks your catch after the fishing year. They compare your catch to your allowed catch. If you catch too much, you must pay a fee. You can pay the fee or buy more allowed catch. You must pay the fee within 20 days. The chief executive holds your payment until it is decided what to do with it. After a certain time, the payment becomes the property of the Crown. No interest is paid on the payment.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM396546.

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75B: Limitation period for challenges to deemed values, or

"Challenging a deemed value decision must be done within 3 months."

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"Help for Fishers Who Caught Too Much Fish"

Part 4Quota management system
Deemed values

76Catch to be counted against annual catch entitlement

  1. In this section and sections 76A, 78, 79, and 80, unless the context otherwise requires, commercial fisher means any person who, at any time during the relevant fishing year,—

  2. held a fishing permit or an international fishing permit for the high seas; or
    1. was a person using a New Zealand ship who—
      1. held an international fishing permit for taking highly migratory species in the national fisheries jurisdiction of a foreign country; and
        1. in the judgement of the chief executive, held a valid authority from the foreign country to fish against New Zealand’s national allocation of highly migratory species in that national fisheries jurisdiction.

        2. As soon as practicable after the 15th day of each month (other than the first month) of every fishing year, the chief executive must, in accordance with regulations made for that purpose under section 297, in respect of every commercial fisher,—

        3. compare—
          1. the annual catch entitlement for each stock (if any) for the fishing year owned by that commercial fisher as at the close of the 15th day of that month; and
            1. the reported catch for that stock (in kilogrammes) calculated in accordance with regulations made for that purpose under section 297, taken by that commercial fisher during the fishing year up to the end of the preceding month; and
            2. calculate, in respect of each stock, whether that commercial fisher's annual catch entitlement referred to in paragraph (a)(i) exceeds that commercial fisher's reported catch referred to in paragraph (a)(ii).

              1. As soon as practicable after the 15th day after the end of the fishing year for each stock, the chief executive must, in accordance with regulations made for that purpose under section 297, in respect of every commercial fisher,—

              2. compare—
                1. the annual catch entitlement for each stock (if any) for the relevant fishing year owned by that commercial fisher as at the close of the 15th day after the end of the fishing year; and
                  1. the reported catch for that stock (in kilogrammes), calculated in accordance with regulations made for that purpose under section 297, taken by that commercial fisher during the fishing year up to the end of the fishing year; and
                  2. calculate, in respect of each stock, whether that commercial fisher's annual catch entitlement referred to in paragraph (a)(i) exceeds that commercial fisher's reported catch referred to in paragraph (a)(ii).

                    1. Following the calculation referred to in subsection (1A), the chief executive shall calculate the amount of interim deemed value that is to be demanded from, or remitted to, that commercial fisher in accordance with regulations made for the purpose under section 297 and thereafter shall demand or remit the amount, as the case may be.

                    2. Subject to subsection (2B), following the calculation referred to in subsection (1B), the chief executive must calculate the amount of annual deemed value (if any) that is to be demanded from the commercial fisher in accordance with regulations made for the purpose under section 297, and must demand the amount.

                    3. In calculating the amount of annual deemed value to be demanded from a commercial fisher, the chief executive must credit the commercial fisher with interim deemed value amounts demanded in respect of the relevant stock in the relevant fishing year (other than demanded amounts that have been remitted under subsection (2)).

                    4. For the sole purpose of determining an appropriate annual deemed value under this section, if a fisher to whom subsection (1B) applies holds no annual catch entitlement for a stock in respect of which the Minister has set different deemed value rates under section 75(4), that fisher is deemed to hold 1 kilogramme of annual catch entitlement for that stock.

                    5. A demand for an amount of interim deemed value made by the chief executive under this section may be satisfied by—

                    6. payment of the sum of money so demanded; or
                      1. acquiring, for the relevant fishing year and within the time limit specified in section 134, annual catch entitlement for the relevant stock; or
                          1. any combination of those options.

                            1. A demand for an amount of annual deemed value made by the chief executive under this section must be satisfied by payment of the sum of money so demanded.

                            2. Every person who is liable to satisfy any deemed value amount demanded under this section is required to satisfy the demand whether or not an offence has been committed against this Act.

                            3. All deemed value amounts are to be satisfied within 20 days after the demand is made and, if being satisfied by payment of money, the amount is payable to the chief executive and shall be held by the Crown on trust for the commercial fisher until the trust ends in accordance with this section or the deemed value amount is remitted to the commercial fisher.

                            4. Any deemed value amount paid to the chief executive under this section in respect of fish, aquatic life, or seaweed taken in any fishing year shall cease to be held on trust and become the property of the Crown on the later of—

                            5. the close of the 15th day of the third month after the end of the fishing year; or
                              1. 5 working days after the chief executive gives written notice to a commercial fisher under section 76A(6) of the chief executive's decision to grant or refuse catch balancing relief; or
                                1. 5 working days after the final determination of any request for a review by a commercial fisher of a notification under section 80.

                                  1. Notwithstanding section 69 of the Public Finance Act 1989, no interest is payable in respect of any amount that is held on trust under this section, whether remitted to any commercial fisher or not.

                                  Compare
                                  Notes
                                  • Section 76(1): substituted, on , by section 30 of the Fisheries Amendment Act (No 3) 2004 (2004 No 76).
                                  • Section 76(1): amended, on , by section 4(1) of the Fisheries Amendment Act 2010 (2010 No 16).
                                  • Section 76(1)(a): amended, on , by section 12(1) of the Fisheries (International Fishing and Other Matters) Amendment Act 2025 (2025 No 18).
                                  • Section 76(1)(b): replaced, on , by section 12(2) of the Fisheries (International Fishing and Other Matters) Amendment Act 2025 (2025 No 18).
                                  • Section 76(1A): inserted, on , by section 27(1) of the Fisheries Act 1996 Amendment Act 1999 (1999 No 101).
                                  • Section 76(1B): inserted, on , by section 27(1) of the Fisheries Act 1996 Amendment Act 1999 (1999 No 101).
                                  • Section 76(2): amended, on , by section 27(2)(a) of the Fisheries Act 1996 Amendment Act 1999 (1999 No 101).
                                  • Section 76(2): amended, on , by section 27(2)(b) of the Fisheries Act 1996 Amendment Act 1999 (1999 No 101).
                                  • Section 76(2A): inserted, on , by section 27(3) of the Fisheries Act 1996 Amendment Act 1999 (1999 No 101).
                                  • Section 76(2B): inserted, on , by section 27(3) of the Fisheries Act 1996 Amendment Act 1999 (1999 No 101).
                                  • Section 76(2C): inserted, on , by section 27(3) of the Fisheries Act 1996 Amendment Act 1999 (1999 No 101).
                                  • Section 76(3): amended, on , by section 27(4)(a) of the Fisheries Act 1996 Amendment Act 1999 (1999 No 101).
                                  • Section 76(3)(b): amended, on , by section 27(4)(b) of the Fisheries Act 1996 Amendment Act 1999 (1999 No 101).
                                  • Section 76(3)(c): repealed (without coming into force), on , by section 27(4)(c) of the Fisheries Act 1996 Amendment Act 1999 (1999 No 101).
                                  • Section 76(3A): inserted, on , by section 27(5) of the Fisheries Act 1996 Amendment Act 1999 (1999 No 101).
                                  • Section 76(6)(ab): inserted, on , by section 4(2) of the Fisheries Amendment Act 2010 (2010 No 16).