Fisheries Act 1996

Access to fishery - Fishing permits

94: Right of review against decisions made under delegated authority

You could also call this:

"Checking a decision about your fishing permit"

Illustration for Fisheries Act 1996

If someone makes a decision about your fishing permit under delegated authority, you can ask for it to be reviewed. You can ask the chief executive or a reviewer to look at the decision again. The reviewer must not be the same person who made the original decision. If the decision is about an international fishing permit, the reviewer must make a decision within 40 working days. The reviewer might need to consult with others before making a decision, for example, if it relates to section 113HA(6). In this case, the reviewer must follow the rules in section 113HA(7)(c). The 40-day time limit does not include time spent waiting for more information from you or time spent consulting with others. It also does not include time spent waiting for your comments on a draft decision. The reviewer will let you know what they decide.

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Part 6Access to fishery
Fishing permits

94Right of review against decisions made under delegated authority

  1. If any decision in respect of a fishing permit or an international fishing permit is made under this Part or Part 6A by any person acting under the delegated authority of the chief executive or by any person or organisation acting pursuant to an arrangement or contract with the chief executive, the applicant for the fishing permit or international fishing permit or the holder of the permit, as the case may be, is entitled to have the decision reviewed by the chief executive or by a person designated by the chief executive (the reviewer) who was not involved in the making of the original decision.

  2. A reviewer must make a decision on a review that relates to an international fishing permit by the end of the 40th working day after the chief executive receives the application for review.

  3. If the review also relates to the application of section 113HA(6) (relevant vessels and persons must not be on final IUU vessel list), the reviewer must consult in accordance with section 113HA(7)(c) before making the decision.

  4. The time limit under subsection (2) does not include the following periods (if any):

  5. the period that—
    1. starts when the reviewer requests further information from the applicant; and
      1. ends when the reviewer receives the information:
      2. the period that—
        1. starts when the reviewer starts to consult in accordance with section 113HA(7)(c); and
          1. ends when the consultation is complete:
          2. the period that—
            1. starts when the reviewer provides the applicant with an opportunity to comment on a draft decision; and
              1. ends when the reviewer receives the applicant’s comments on the draft decision.
              Compare
              Notes
              • Section 94(1): amended, on , by section 13(1) of the Fisheries (International Fishing and Other Matters) Amendment Act 2025 (2025 No 18).
              • Section 94(1): amended, on , by section 13(2) of the Fisheries (International Fishing and Other Matters) Amendment Act 2025 (2025 No 18).
              • Section 94(1): amended, on , by section 13(3) of the Fisheries (International Fishing and Other Matters) Amendment Act 2025 (2025 No 18).
              • Section 94(1): amended, on , by section 8(b) of the Fisheries Act 1996 Amendment Act (No 2) 1999 (1999 No 103).
              • Section 94(1): amended, on , by section 8(c) of the Fisheries Act 1996 Amendment Act (No 2) 1999 (1999 No 103).
              • Section 94(2): inserted, on , by section 13(4) of the Fisheries (International Fishing and Other Matters) Amendment Act 2025 (2025 No 18).
              • Section 94(3): inserted, on , by section 13(4) of the Fisheries (International Fishing and Other Matters) Amendment Act 2025 (2025 No 18).
              • Section 94(4): inserted, on , by section 13(4) of the Fisheries (International Fishing and Other Matters) Amendment Act 2025 (2025 No 18).