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Fisheries Act 1996

Access to fishery - Fishing vessel registration

107: Cancellation of registration of fishing vessel

You could also call this:

"How to cancel the registration of a fishing boat"

Illustration for Fisheries Act 1996

You can ask the chief executive to cancel the registration of your fishing vessel. You must send the certificate of registration with your request. The registration will stop being valid once it is cancelled. If your vessel is lost or destroyed, you must tell the chief executive right away. They will then cancel the registration of your vessel. If you die or your company is dissolved, your successors must tell the chief executive. The chief executive will cancel the registration of your vessel. The chief executive can cancel the registration of a vessel if it is forfeit to the Crown. They can also cancel it if they think a law has been broken, after getting advice from the Secretary of Labour, about a breach referred to in section 103A(7). You must tell the chief executive if you change the ownership of your vessel. If you do not tell them, you can get in trouble and have to pay a penalty, as set out in section 252(5).

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM396987.

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Part 6Access to fishery
Fishing vessel registration

107Cancellation of registration of fishing vessel

  1. Repealed

  2. Repealed

  3. A person may request the chief executive to cancel the registration of any vessel registered in that person's name and shall enclose the certificate of registration and any duplicates with the request; and, upon cancellation, the registration shall cease to have any effect for the purpose of this Act.

  4. If a vessel is lost or destroyed, the operator shall immediately notify the chief executive of that occurrence and the chief executive shall immediately cancel the registration of that vessel.

  5. If,—

  6. in the case of an operator who is an individual, the operator dies; or
    1. in the case of an operator who is an incorporated company, the operator is dissolved,—
        1. the operator's successors, representatives, or assigns shall, as soon as practicable, notify the chief executive of that occurrence and the chief executive shall immediately cancel the registration of that vessel.

      1. The chief executive must, as soon as practicable, ensure that the registration of a vessel is cancelled if—

      2. the vessel is forfeit to the Crown; or
        1. the chief executive has decided, on reasonable grounds and after receipt of advice from the Secretary of Labour, that a breach of any statutory provision referred to in section 103A(7) has occurred.

          1. For the purposes of subsection (6), reasonable grounds for a belief that a breach has occurred includes—

          2. advice from the Secretary of Labour that a decision or order of the Employment Relations Authority or Employment Court has been made to that effect:
            1. advice from the Secretary of Labour to the effect that any information or records requested, whether from an authorised agent in accordance with section 103A(7)(d) or from the employer, have not been provided.

              1. If the ownership of any vessel registered under this Act changes to such an extent that the consent of the chief executive under section 103 or section 105 would be required to register that vessel, the operator shall immediately notify the chief executive of that occurrence and the chief executive shall immediately cancel the registration of the vessel.

              2. Every person commits an offence and is liable to the penalty set out in section 252(5) who contravenes any requirement to notify the chief executive of any matter under subsection (4) or subsection (5) or subsection (8).

              Compare
              • 1983 No 14 s 59
              • 1986 No 34 s 13(1)
              Notes
              • Section 107(1): repealed (without coming into force), on , by section 39(1) of the Fisheries Act 1996 Amendment Act 1999 (1999 No 101).
              • Section 107(2): repealed (without coming into force), on , by section 39(1) of the Fisheries Act 1996 Amendment Act 1999 (1999 No 101).
              • Section 107(3): amended, on , pursuant to section 90(2) of the Fisheries Act 1996 Amendment Act 1999 (1999 No 101).
              • Section 107(4): amended, on , pursuant to section 90(2) of the Fisheries Act 1996 Amendment Act 1999 (1999 No 101).
              • Section 107(5): amended, on , pursuant to section 90(2) of the Fisheries Act 1996 Amendment Act 1999 (1999 No 101).
              • Section 106(6): substituted, on , by section 39(2) of the Fisheries Act 1996 Amendment Act 1999 (1999 No 101).
              • Section 107(6)(b): editorial change made by the PCO, on , under sections 86(1) and 87(l)(iii) and (iv) of the Legislation Act 2019 (2019 No 58).
              • Section 107(7)(a): amended, on , by section 240 of the Employment Relations Act 2000 (2000 No 24).
              • Section 107(7)(b): editorial change made by the PCO, on , under sections 86(1) and 87(l)(iii) and (iv) of the Legislation Act 2019 (2019 No 58).
              • Section 107(8): amended, on , pursuant to section 90(2) of the Fisheries Act 1996 Amendment Act 1999 (1999 No 101).
              • Section 107(9): amended, on , pursuant to section 90(2) of the Fisheries Act 1996 Amendment Act 1999 (1999 No 101).