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Fisheries Act 1996

Quota management system - Conclusive notification

80: Conclusive notification

You could also call this:

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

Illustration for Fisheries Act 1996

The chief executive must tell you in writing about certain things if you are a commercial fisher. They must do this as soon as possible after a certain date. You can ask for a review if you think the information is incorrect. If you ask for a review, the chief executive will look at the information again and make a decision. You can appeal to the District Court if you are not happy with the decision. The court will consider the matters you are appealing and make a final decision. The chief executive's decision is usually final, but you can appeal to the court. The chief executive will tell the Registrar of Annual Catch Entitlement about your catch and any changes. They must do this as soon as possible after the 15th day of each month. You must pay any amount the chief executive asks for, even if you are objecting to it. The chief executive can change information in a notification, but this does not affect the objection. The notification is not final in criminal proceedings against the Crown.

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Part 4Quota management system
Conclusive notification

80Conclusive notification

  1. The chief executive must, for each stock for which a commercial fisher holds an annual catch entitlement or has reported catch, notify the commercial fisher in writing of such matters as are specified for the purpose in any regulations made under section 297.

  2. A notification under subsection (1) must be made as soon as practicable after the date specified for the purpose in regulations made under section 297.

  3. Any commercial fisher who considers that any information supplied in the notification under subsection (1) is incorrect in relation to any matter required to be specified in any notice given under that subsection may, within 20 days after the date specified for the purpose in the notice, request a review of the matters specified in the notification, but no request under this section may be made if the notification is no different from the previous month's notification or if the grounds for such a request relate to the registration or non-registration of a transfer of annual catch entitlement for any reason and in any circumstances.

  4. Subsection (2) does not prevent any person making an application under section 164 for a correction of a register.

  5. Repealed

  6. The chief executive shall, if satisfied that a valid request for review has been received and sufficient information has been provided, conduct a review of the notification and, as soon as practicable, determine the matters that are the subject of the review and issue a new notification containing all matters specified in subsection (1) and incorporating the results of that determination.

  7. Any commercial fisher who is dissatisfied with any new notification issued by the chief executive under subsection (5) may, within 20 working days after the date specified for the purpose in the notification of the decision, appeal to the District Court against the decision (which appeal may relate to any matters that were the subject of the commercial fisher's request for review) and the following provisions apply in relation to every such appeal:

  8. the appeal shall be commenced by way of an originating application under subpart 2 of Part 20 of the District Court Rules 2014:
    1. the court—
      1. shall consider each of the matters to which the appeal relates; and
        1. shall make a final determination in respect of each of those matters; and
          1. shall direct the chief executive to issue a new and final notification; and
            1. may make such orders as to costs and such other orders as it thinks fit.

            2. Subject to subsection (6), no decision or purported decision of the chief executive under subsection (5) shall be liable to be challenged, reviewed, quashed, called into question, or be subject to an appeal, but nothing in this subsection shall prevent any appeal in respect of any proceedings under subsection (6).

            3. Every notification given under this section is presumed to be conclusive for the purpose of this Act.

            4. Any deemed value amount demanded by the chief executive that may be affected by the outcome of any objection under this section shall remain payable and all provisions of this Act shall apply accordingly notwithstanding the objection under this section.

            5. Nothing in any notification referred to in subsection (8)—

            6. prevents the chief executive altering any information in a notification under subsection (1) merely because he or she has accepted any return required under this Act that is given late; or
              1. shall be conclusive against the Crown in any criminal proceedings.

                1. As soon as practicable after the close of the 15th day of each month, the chief executive shall notify the relevant Registrar of Annual Catch Entitlement of—

                2. the total catch reported by each commercial fisher for the relevant year to the end of each month; and
                  1. any change to any commercial fisher's reported catch as a result of any decision in respect of a request for review made under this section.

                    Notes
                    • Section 80 heading: amended, on , by section 30 of the Fisheries Act 1996 Amendment Act 1999 (1999 No 101).
                    • Section 80(1): substituted, on , by section 30(1) of the Fisheries Act 1996 Amendment Act 1999 (1999 No 101).
                    • Section 80(1A): inserted, on , by section 30(1) of the Fisheries Act 1996 Amendment Act 1999 (1999 No 101).
                    • Section 80(4): repealed (without coming into force), on , by section 86 of the Fisheries Act 1996 Amendment Act 1999 (1999 No 101).
                    • Section 80(6): amended, on , by section 261 of the District Court Act 2016 (2016 No 49).
                    • Section 80(6)(a): amended, on , by section 261 of the District Court Act 2016 (2016 No 49).
                    • Section 80(8): substituted, on , by section 30(2) of the Fisheries Act 1996 Amendment Act 1999 (1999 No 101).