79Suspension of permit for non-payment of deemed value

1. If the total amount of deemed values owed by any commercial fisher exceeds $1,000 and has not been satisfied within the time limit specified in section 76(5), the current fishing permit of the commercial fisher and any person included with the commercial fisher under subsection (5), and any permit subsequently issued to the commercial fisher or included person, are, on the expiration of that time limit, to be treated as being suspended until the total amount of all outstanding deemed values owed by the commercial fisher is $1,000 or less.

2. Repealed

3. Repealed

4. The chief executive must—

5. notify every suspension or cessation of suspension of a fishing permit under subsection (1) to the commercial fisher concerned and any included person of whom the chief executive is aware; and
6. record on the Permit Register details of any suspension or cessation of suspension of a fishing permit under subsection (1);—
but any delay or failure to give that notification or make that record does not affect the suspension or cessation.

7. Repealed

8. A fishing permit suspended under this section does not authorise any person to take any fish, aquatic life, or seaweed under the authority of that permit, but all other provisions of this Act continue to apply as if the fishing permit had not been suspended.

9. A commercial fisher who has requested a review under section 80(2) or lodged an appeal under section 80(6) may, pending determination of the review or appeal, apply to the District Court for an order lifting any suspension imposed under this section, and the court may make such an order subject to such sureties and conditions as the court may specify.

10. For the purposes of subsections (1) and (2), a person or entity is to be treated as a person included with the commercial fisher if the person or entity is—

11. a subsidiary of the commercial fisher within the meaning of section 5 of the Companies Act 1993; or
12. a company of which the commercial fisher is a subsidiary within the meaning of section 5 of the Companies Act 1993; or
13. a partnership or unincorporated joint venture that would be a subsidiary of the commercial fisher, or of which the commercial fisher would be a subsidiary, if the partnership or joint venture were incorporated as a company with shareholdings corresponding to the interests, including returns, of the partners in the partnership or participants in the joint venture.

14. Despite subsection (5),—

15. Te Ohu Kai Moana Trustee Limited, a mandated iwi organisation, or members of an iwi are not to be regarded as being included with another person (whether or not that person is a mandated iwi organisation), merely because any of them is—
    1. a beneficiary or income shareholder of Aotearoa Fisheries Limited; or
    2. a beneficiary of—
       1. Te Ohu Kai Moana:
       2. Te Putea Whakatupu Trust:
       3. Te Wai Maori Trust; and
16. Aotearoa Fisheries Limited is not to be regarded as being included with another person merely because the other person holds, or benefits from, income shares in Aotearoa Fisheries Limited; and
17. no bank registered under the Banking (Prudential Supervision) Act 1989 is to be regarded as being included with any other person merely because the bank has, in the ordinary course of its business as a financier, been granted any interest in quota owned by that person.

18. Repealed