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Fisheries Act 1996

Quota management system - Deemed values

79A: Suspension of fishing permit of other persons

You could also call this:

"The chief executive can stop someone else's fishing permit if they think it's being used to avoid rules."

Illustration for Fisheries Act 1996

If your fishing permit is suspended, the chief executive can suspend another person's permit too. This can happen if the chief executive thinks the other person is really you, or if they control you, or if they let you fish using their permit. The chief executive must tell the other person why their permit is suspended. The chief executive looks at things like who owns shares in companies, who is a director, and who trusts who. They also look at family and business relationships between people. The suspension starts when the other person is told about it. If someone's permit is suspended, they cannot use it to take fish or seaweed. The suspension stops when the person who owed money pays most of it back. If someone breaks the rules, they can get in trouble and have to pay a penalty, as stated in section 252(3). You can get in trouble if you fish without a permit or if you let someone else fish using your permit when their permit is suspended. This is also stated in section 252(3). The chief executive can suspend a permit if they think someone is trying to get around the rules, as stated in section 79(1) and section 76.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM396579.

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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."

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79B: Removal of suspension, or direction to issue permit, or

"Applying to court to get a suspended fishing permit back or to get a new one"

Part 4Quota management system
Deemed values

79ASuspension of fishing permit of other persons

  1. Where a fishing permit of a person (person A) is suspended under section 79(1), the chief executive may suspend the fishing permit of another person (person B) if the chief executive believes, on reasonable grounds specified on oath in writing, that—

  2. person B is, in respect of commercial fishing, in substance person A; or
    1. person B has, in substance, control of person A in respect of person A's obligations under any of subsections (3), (3A), and (5) of section 76; or
      1. person B is allowing person A to conduct commercial fishing under person B's permit, for the purpose of assisting person A to fish despite the suspension of person A's fishing permit.

        1. Without limiting subsection (1), in forming the belief referred to in that subsection, the chief executive may have regard to the following matters:

        2. shareholdings in, debentures over, or directorships of, any company that has an interest (whether direct or indirect) in person B or person A:
          1. any trust that has a relationship to person B or person A:
            1. family, domestic, and business relationships between—
              1. person B and person A; and
                1. persons having an interest in person B or person A or in companies or trusts of the kind referred to in paragraph (a) or paragraph (b):
                2. whether person B is accustomed to following the instructions of person A:
                  1. whether person B is accustomed to acting in a manner consistent with advancing the interests of person A.

                    1. Whether any of paragraphs (a), (b), and (c) of subsection (1) apply may be determined without regard to the form of the persons or entities comprising persons A and B.

                    2. The chief executive must—

                    3. give notice to person B of the suspension of a fishing permit under subsection (1), and a copy of the grounds of suspension as given on oath; and
                      1. record on the Permit Register details of the suspension under subsection (1).

                        1. The suspension imposed under subsection (1) takes effect from the date of notification.

                        2. 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.

                        3. A suspension of a fishing permit under subsection (1) ceases to be of effect once the total amount of all outstanding deemed values owed by the person who incurred the deemed value liability referred to in section 79(1) is $1,000 or less.

                        4. Repealed

                        5. If—

                        6. a person (person B) is, in respect of commercial fishing, in substance the same person as a person (person A) whose fishing permit is suspended under section 79(1); and
                          1. person B, knowing of the suspension, is conducting commercial fishing,—
                              1. then each of person A and person B commits an offence and is liable to the penalty set out in section 252(3).

                            1. If a person (person B) knowingly allows another person (person A) to conduct commercial fishing under person B's permit for the purpose of assisting person A to fish despite the suspension of person A's permit under section 79(1), and person A does so, then each of person A and person B commits an offence and is liable to the penalty set out in section 252(3).

                            2. Repealed
                            Notes
                            • Section 79A: inserted, on , by section 14(1) of the Fisheries Amendment Act 2001 (2001 No 65).
                            • Section 79A(7A): repealed, on , by section 79A(10).
                            • Section 79A(10): repealed, on , by section 79A(10).