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Fisheries Act 1996

Quota management system - Deemed values

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

You could also call this:

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

Illustration for Fisheries Act 1996

You can apply to the District Court if your permit has been suspended under section 79(1) or section 79A(1), or if you were refused a permit under section 91(6)(c). You can ask the court to remove the suspension or to issue the permit. You must show that the reason for the suspension no longer exists or never existed. You can ask the court to remove the suspension permanently or until they make a final decision. The court can also decide to issue the permit. The court's decision will depend on the situation. The District Court can remove the suspension or direct that the permit be issued if they decide in your favour. They can also set conditions or require a surety before making their decision.

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This page was last updated on

View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM396581.

Topics:
Environment and resources > Farming and fishingCrime and justice > Courts and legal help
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79A: Suspension of fishing permit of other persons, or

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

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80: Conclusive notification, or

"When the chief executive makes a decision about your fishing, they must tell you in writing."

Part 4Quota management system
Deemed values

79BRemoval of suspension, or direction to issue permit

  1. This section applies to any person—

  2. whose permit has been suspended under section 79(1) in their capacity as a person included with a commercial fisher under section 79(5); or
    1. whose permit has been suspended under section 79A(1); or
      1. who has been refused a permit under section 91(6)(c).

        1. Such a person may apply to the District Court to—

        2. direct that the suspension be removed, either permanently or pending the final determination of the application; or
          1. direct that the permit be issued,—
              1. on the grounds that the situation relied upon under section 79(1) and (5) or section 79A(1) never existed or no longer exists.

            1. In determining an application under subsection (1) totally or partially in favour of the applicant, the District Court may—

            2. remove the suspension either totally or partially:
              1. direct the removal of the suspension, or the issue of the permit, on such sureties or conditions as the court considers appropriate.

                Notes
                • Section 79B: inserted, on , by section 14(1) of the Fisheries Amendment Act 2001 (2001 No 65).
                • Section 79B(2): amended, on , by section 261 of the District Court Act 2016 (2016 No 49).