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Fisheries Act 1996

Dispute resolution - Fisheries Dispute Commissioners

123: Minister to determine dispute

You could also call this:

"The Minister helps solve fishing disputes by making a fair decision."

Illustration for Fisheries Act 1996

You can have a dispute about fishing. The Minister helps solve it. The Minister looks at a report from a Commissioner or checks if the dispute was solved using the proper procedure under section 122 or section 115. The Minister makes a decision as soon as possible. The Minister can decide not to take any action. The Minister must not make a decision that hurts someone's fishing activities if they follow the law. You get a reason for the Minister's decision. The Minister tells you about the decision in writing and puts it in a newspaper. The Minister follows the rules when making a decision, like those under section 297.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM397618.

Topics:
Environment and resources > Farming and fishingGovernment and voting > Government departments
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122: Commissioner to report to Minister within 60 working days, or

"The Commissioner must write a report to the Minister within 60 working days to help solve a fishing dispute."

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124: Registers, or

"Records of Fishing Quotas and Catch Limits"

Part 7Dispute resolution
Fisheries Dispute Commissioners

123Minister to determine dispute

  1. If there is a dispute to which this Part applies, the Minister shall,—

  2. in the case of a dispute referred to a Commissioner, determine the dispute as soon as practicable after receiving and considering the Commissioner's report under section 122:
    1. in any other case, if the Minister is satisfied that the dispute could not be resolved in accordance with the approved statement of procedure under section 115, determine the dispute as soon as practicable after being advised of that outcome.

      1. Without limiting the Minister's power to make a determination under subsection (1), the Minister may determine in any case that no action be taken.

      2. The Minister shall not make a determination under subsection (1) that is likely to have a significant adverse effect on the fishing activities of any person who has any current fishing interests provided for or authorised by or under this Act.

      3. The Minister shall give reasons for every determination made under subsection (1).

      4. The Minister shall—

      5. give each of the parties to the dispute notice in writing of the determination; and
        1. give notice of the determination in at least 1 newspaper circulating in the area concerned.

          1. Without limiting the generality of section 297, regulations under that section may make such provision as may be necessary or expedient for the purpose of giving effect to any determination made under this section.