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Fisheries Act 1996

Registration of transfers, mortgages, caveats, etc - Caveats

151: Procedure for removal of caveat

You could also call this:

"How to remove a caveat from your fishing quota"

Illustration for Fisheries Act 1996

You can ask a court to remove a caveat from your quota or annual catch entitlement. You must tell the person who lodged the caveat that you are making this application. The court can then decide what to do with the caveat. You can ask the court to remove the caveat completely or just for a specific transaction. The court can also decide to impose conditions or require a guarantee before making a decision. It can make other orders about the caveat as well. This rule does not apply if the caveat was imposed under section 58, section 61, or section 214.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM397686.

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Environment and resources > Farming and fishingCrime and justice > Courts and legal help
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150: Caveat may be withdrawn, or

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

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152: Person entering or maintaining caveat without due cause liable for damages, or

"You can be liable for damages if you wrongly lodge or keep a caveat."

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

151Procedure for removal of caveat

  1. The owner of quota or annual catch entitlement against which a caveat has been lodged may apply to any court for an order that the caveat be removed.

  2. The court, upon proof that notice of the application has been served on the caveator or the person on whose behalf the caveat has been lodged, may—

  3. order that the caveat be removed entirely:
    1. order that the caveat be removed in part or in respect of any particular transaction:
      1. impose such sureties and conditions as it thinks fit:
        1. make such other orders in respect of the caveat as it thinks fit.

          1. This section does not apply to caveats imposed under section 58 or section 61 or section 214.

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