Fisheries Act 1996

Registration of transfers, mortgages, caveats, etc - Mortgages of quota

145: Transfer by mortgagee

You could also call this:

"What happens when a mortgagee sells you quota shares"

Illustration for Fisheries Act 1996

When a mortgagee sells quota shares, you become the owner of those shares once the transfer is registered. You get the shares free from any mortgage debt. The chief executive will update the register to show the mortgage has been discharged. If you buy quota shares from a mortgagee, any caveats over those shares will lapse. The mortgagee's interests in the shares will pass to you, and you will not have to worry about the caveator's claims. If a mortgagee gives you a written receipt for money paid, you do not have to check if any money is still owed under the mortgage. The receipt is enough to show the money or securities have been paid. The chief executive must update the register to show the mortgage has been discharged and any caveats have lapsed. This happens when the transfer of quota shares is registered.

This text is automatically generated. It might be out of date or be missing some parts. Find out more about how we do this.

This page was last updated on

View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM397672.


Previous

144: Application of purchase money, or

"What happens to the money when a mortgagee sells quota shares?"


Next

146: Discharge of mortgage, or

"What happens when you pay off a mortgage on your fishing quota shares"

Part 8Registration of transfers, mortgages, caveats, etc
Mortgages of quota

145Transfer by mortgagee

  1. Notwithstanding section 148, upon the registration of any transfer executed by a mortgagee for the purpose of the sale of any quota shares by the mortgagee, ownership of the quota shares passes to and vests in the purchaser, freed and discharged from all liability on account of the mortgage.

  2. Subsection (1) does not limit section 152B(3) and (4).

  3. Upon registration of such a transfer, every caveat over the quota shares being transferred lapses in respect of those shares, and the interests of the mortgagor expressed in that transfer to be transferred pass to and vest in the purchaser, freed and discharged of the interest claimed by the caveator.

  4. The chief executive shall make on the register any entry necessary to show that the mortgage has been discharged and that all caveats over the quota have lapsed, in respect of the shares so transferred.

  5. If a mortgagee gives a receipt in writing in respect of any money arising under an exercise of the power of sale conferred by this Part, or any money or securities comprised in the mortgagee's mortgage or arising under the mortgage, the receipt is a sufficient discharge for that money or those securities, and a person paying or transferring the money or securities to the mortgagee shall not be concerned to inquire whether any money remains due under the mortgage or to see to the application of the money or securities so paid or transferred.

Compare
Notes
  • Section 145(1A): inserted, on , by section 214 of the Maori Fisheries Act 2004 (2004 No 78).
  • Section 145(3): amended, on , pursuant to section 90(2) of the Fisheries Act 1996 Amendment Act 1999 (1999 No 101).