Fisheries Act 1996

Foreign licensed access

86: Suspension and revocation of licences

You could also call this:

"What happens if your fishing licence is suspended or cancelled"

Illustration for Fisheries Act 1996

The Minister can suspend or revoke a licence if you commit an offence against the Fisheries Act or any other New Zealand law related to fishing. You can also have your licence suspended or revoked if you fail to pay a penalty on time, as stated in section 88(9). The Minister can suspend or revoke a licence for other reasons too. If your licence is suspended, you cannot fish, but you still have to follow the rules and conditions of your licence. You can ask the Minister to revoke your licence, and if they do, you must give them your licence and any copies. The licence will then no longer be valid. The Minister can also revoke your licence if you gave false or misleading information when you applied for it. If this happens, you must give them your licence and any copies, and the licence will no longer be valid. The revocation will be backdated to the date the licence was issued, but you will not get a refund for any fees you paid.

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Part 5Foreign licensed access

86Suspension and revocation of licences

  1. If the Minister is satisfied that—

  2. an offence against this Act or any other New Zealand law that applies to fishing within New Zealand fisheries waters has been committed by the owner, operator, master, or crew member of a foreign fishing vessel; or
    1. any licence holder, master, or crew member of a foreign fishing vessel has failed to pay to the Crown, within the time limit set out in section 88(9), the amount of any penalty imposed on that person under that section by the Minister,—
      1. the Minister may suspend the licence for such period as he or she shall specify or may revoke the licence.

      2. If the Minister, after consultation with the Minister of Foreign Affairs and Trade, considers that it is necessary or expedient to achieve the purpose of this Act or to recognise any international obligation relating to fishing, the Ministry may suspend any licence for such period as he or she shall specify or may revoke any licence.

      3. While suspended under this section, a licence does not authorise fishing, but the obligations and conditions imposed by the licence, or imposed by or under this Act in relation to it, shall continue to have effect.

      4. Any person may request the Minister to revoke any licence issued to that person, and, upon revocation of that licence under this subsection,—

      5. the licence holder shall ensure that the licence and any duplicates are surrendered to the Minister; and
        1. the licence shall cease to have any effect for the purpose of this Act.
          1. The Minister may revoke any licence if satisfied that any information or evidence supplied with the application was false or misleading in any material particular, and, upon revocation under this subsection,—

          2. the licence holder shall ensure that the licence and any duplicates are surrendered to the Minister; and
            1. the licence shall cease to have any effect for the purpose of this Act.
              1. Any revocation of a licence under subsection (5) shall be deemed to have effect on and from the date of issue of the licence; but nothing in that subsection requires the Minister to remit or refund any fees or charges paid or payable in respect of that licence from the date the licence was issued to the date of revocation.