Fisheries Act 1996

Registration of transfers, mortgages, caveats, etc - Caveats

149: Caveat against transfer of quota or annual catch entitlement

You could also call this:

"Stop someone transferring their fishing quota or catch limit"

You can stop someone from transferring their quota or annual catch entitlement. This can happen if you and the owner lodge a caveat together with the chief executive. It can also happen if a court orders it or the chief executive directs it under sections like section 58, section 61, section 214, or section 268. You need to meet the requirements of the Act for the caveat to be registered. The chief executive will register the caveat under section 159 if it meets the requirements. The chief executive will only register the caveat if certain conditions are met. The person who owns the quota shares or annual catch entitlement must own enough to match the caveat. In some cases, the quota shares or annual catch entitlement cannot already have a caveat on them. The chief executive will register the caveat under section 159 if these conditions are met.

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This page was last updated on 12 November 2025

View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM397682.

Topics:

Environment and resources > Farming and fishingBusiness > Industry rules

148: Effect of caveat, or

"What happens when a caveat stops changes to fishing quotas"

150: Caveat may be withdrawn, or

"You can cancel a caveat that protects your fishing rights."

Part 8Registration of transfers, mortgages, caveats, etc
Caveats

149Caveat against transfer of quota or annual catch entitlement

If—
the owner of the quota shares or annual catch entitlement concerned and any other person jointly lodge a caveat in the approved form with the chief executive; or
a court directs or orders that a caveat be lodged; or
the chief executive directs that a caveat be lodged under section 58 or section 61 or section 214 or section 268,—

the chief executive

section 159

Except as otherwise provided by this Act, the chief executive shall register under section 159 a caveat over quota shares or annual catch entitlement, as the case may be, only if—
the person whose quota shares or annual catch entitlement is being caveated owns a number of quota shares or an amount of annual catch entitlement, as the case may be, in the relevant stock equal to or greater than the number of quota shares or amount of annual catch entitlement over which the caveat is to be registered; and
in the case of a caveat lodged under subsection (1)(a), the quota shares or annual catch entitlement to be the subject of the caveat are not already subject to any other caveat registered under this Act.

Compare

1989 No 148 s 89

Notes

Section 149(1): amended, on 9 September 1999, pursuant to section 90(2) of the Fisheries Act 1996 Amendment Act 1999 (1999 No 101).
Section 149(1)(a): amended, on 9 September 1999, pursuant to section 90(2) of the Fisheries Act 1996 Amendment Act 1999 (1999 No 101).
Section 149(1)(c): amended, on 1 October 2001, by section 44 of the Fisheries Act 1996 Amendment Act 1999 (1999 No 101).
Section 149(2): amended, on 9 September 1999, pursuant to section 90(2) of the Fisheries Act 1996 Amendment Act 1999 (1999 No 101).