Fisheries Act 1996

Dispute resolution - Fisheries Dispute Commissioners

118: Inquiries

You could also call this:

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

Illustration for Fisheries Act 1996

When you are part of a fisheries dispute, a Commissioner will decide how to run the inquiry. They will choose a procedure that is fair and suitable for the situation. The Commissioner will listen to what you and other parties have to say. The Commissioner can hear from anyone they think can help resolve the dispute. They can look at any information that might help them make a decision, even if it's not normally allowed in court. The Commissioner can ask you or others to answer questions, either with or without promising to tell the truth. If the Commissioner is not sure the dispute is something they can deal with, they will send it back to the Minister and explain why. The Commissioner has the power to do what is necessary to carry out their job. You and the other people involved in the dispute are the ones who take part in the inquiry.

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117: Minister may appoint Fisheries Dispute Commissioner to resolve dispute, or

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


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119: Secretarial services, or

"Help for Fisheries Dispute Commissioners with office tasks"

Part 7Dispute resolution
Fisheries Dispute Commissioners

118Inquiries

  1. For each inquiry, a Commissioner shall determine the procedure that he or she considers appropriate and fair in the circumstances.

  2. The Commissioner shall seek and consider—

  3. submissions from parties to the inquiry; and
    1. submissions from such other persons or organisations as the Commissioner considers appropriate.
      1. The Commissioner may receive in evidence any statement, document, information, or matter, that may, in the Commissioner's opinion, assist the Commissioner to deal effectively with the dispute before him or her, whether or not the same would otherwise be admissible in a court of law.

      2. The Commissioner may—

      3. examine, on oath or otherwise, 1 or more of the parties, or any person whose evidence has been received by the Commissioner under subsection (3):
        1. require any person to verify by statutory declaration any statement made by that person with respect to the dispute.
          1. If the Commissioner is not satisfied that the dispute is one to which this Part applies, he or she shall refer the dispute back to the Minister and give reasons for doing so.

          2. Without limiting any other provision in this Part, every Commissioner shall have, and may exercise, such powers as are reasonably necessary or expedient to enable the Commissioner to carry out his or her functions.

          3. The parties to the dispute are the parties to the inquiry.