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Fisheries Act 1996

Dispute resolution - Fisheries Dispute Commissioners

117: Minister may appoint Fisheries Dispute Commissioner to resolve dispute

You could also call this:

"The Minister can appoint a special helper to solve a fishing dispute."

Illustration for Fisheries Act 1996

The Minister can choose a Fisheries Dispute Commissioner to help solve a dispute. You can ask the Minister to do this, or they can decide to do it on their own. The Minister will only do this if the people involved in the dispute cannot solve it using the approved procedure outlined in section 115. The Minister must be satisfied that the dispute is one that this part of the law applies to. They must also think that the people involved will not be able to come to an agreement. The dispute must be about something that is having a big negative effect on someone's fishing activities. If you ask the Minister to appoint a Commissioner, you must tell all the other people involved in the dispute as soon as possible. The Minister will then decide whether or not to appoint a Commissioner within 40 working days. They will tell you their decision and explain why they made it. The Minister can extend this 40-day period if they need more time. They will tell you if they do this and explain why. When the Minister appoints a Commissioner, they will tell the Commissioner what the dispute is about.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM397612.

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118: Inquiries, or

"How a Commissioner helps solve fisheries disputes by listening and making a fair decision"

Part 7Dispute resolution
Fisheries Dispute Commissioners

117Minister may appoint Fisheries Dispute Commissioner to resolve dispute

  1. The Minister may, on the Minister's own motion or at the request of any party to the dispute, appoint a Fisheries Dispute Commissioner to inquire into a dispute, if—

  2. the parties to the dispute are unable to resolve the dispute in accordance with the approved statement of procedure under section 115; and
    1. the Minister is satisfied that—
      1. the dispute is a dispute to which this Part applies; and
        1. there is no reasonable prospect of a negotiated solution being reached; and
          1. the dispute relates to a matter that has a significant adverse effect on the fishing activities of 1 or more persons.

          2. Any party making a request to the Minister under this section shall, as soon as practicable after making the request, notify every other party to the dispute that such a request has been made.

          3. Subject to subsection (4), the Minister shall, within 40 working days after any party to a dispute requests the appointment of a Commissioner,—

          4. decide whether or not to appoint a Commissioner; and
            1. notify any party of either—
              1. the name of the Commissioner; or
                1. the reasons for deciding not to appoint a Commissioner.

                2. The Minister may, at any time before the expiration of the 40-day period referred to in subsection (3), from time to time extend that period by such further period not exceeding 80 working days as he or she considers necessary; and, in such case, the Minister shall, as soon as practicable, notify the parties of the extension and of the reasons for that extension.

                3. When appointing a Commissioner, the Minister shall specify to the Commissioner the nature of the dispute that is subject to the inquiry.