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Fisheries Act 1996

Quota management system - Deemed values

78B: Removal of conditions on other persons

You could also call this:

"Removing conditions from your fishing permit"

Illustration for Fisheries Act 1996

You can apply to the District Court to have a condition removed from your fishing permit. You can do this if the situation that led to the condition no longer exists or never existed. You can apply to have the condition removed permanently or until the application is finalised. You can apply if a condition was imposed on you under section 78(2) or section 78A(1). The District Court can remove or change the condition if they agree with your application. The court can also set conditions or sureties as they see fit.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM396573.

Topics:
Environment and resources > Farming and fishingCrime and justice > Courts and legal help
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78A: Other persons may be subjected to same conditions as commercial fisher with catch in excess, or

"Rules apply to others who fish like commercial fishers with too much catch"

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79: Suspension of permit for non-payment of deemed value, or

"Your fishing permit can be suspended if you owe over $1,000 in fishing fees."

Part 4Quota management system
Deemed values

78BRemoval of conditions on other persons

  1. A person who has had a condition imposed on his or her fishing permit under section 78(2) in their capacity as a person included with a commercial fisher under section 78(11), or a person who has had a condition imposed under section 78A(1), may apply to the District Court to have the condition removed either permanently or pending final determination of the application on the grounds that the situation relied upon under section 78(2) and (11) or section 78A(1) never existed or no longer exists.

  2. In determining an application under subsection (1) totally or partially in favour of the applicant, the District Court may remove or amend the condition either totally or partially and on such sureties or conditions as the court considers appropriate.

Notes
  • Section 78B: inserted, on , by section 14(1) of the Fisheries Amendment Act 2001 (2001 No 65).
  • Section 78B(1): amended, on , by section 261 of the District Court Act 2016 (2016 No 49).