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Fisheries Act 1996

Registration of transfers, mortgages, caveats, etc - Registration procedure

159: Registration procedure

You could also call this:

"How to Register Something Under the Fisheries Act"

Illustration for Fisheries Act 1996

When you apply to register something under the Fisheries Act 1996 and your application meets the requirements of section 157, the chief executive will record the details in a register. The chief executive will then give you a registration notice with the recorded details. The chief executive will also send a copy of the notice to the other parties involved in the transaction. When you are involved in a transaction that includes quota shares or an annual catch entitlement with a caveat, the chief executive will notify the owner and any other relevant parties. The chief executive will send notices to the people who need to know about the caveat. You will get a notice if you are a party to the transaction. If you are a mortgagor, you are treated as a party to the transaction when it comes to assignments. This means you will get notices about the transaction. The chief executive will make sure you are informed about what is happening with your transaction.

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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=DLM397908.

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

159Registration procedure

  1. On receipt of an application that complies with section 157 and is completed to the satisfaction of the chief executive, the chief executive shall—

  2. record in the appropriate register the particulars set out in the instrument required by this Act to be registered and the time at which the particulars are so recorded; and
    1. issue a registration notice as to the particulars recorded under paragraph (a); and
      1. forward the registration notice to the person who presented the instrument for registration and forward duplicates of the notice to each of the other parties to the transaction; and
        1. if a caveat is registered over any quota shares, give notice of the registration of the caveat to the owner (if not otherwise notified) and any mortgagee of those shares and to any other caveator of those shares; and
          1. if a caveat is registered over any annual catch entitlement, give notice of the registration of the caveat to the owner (if not otherwise notified) and any other caveator of that annual catch entitlement.

            1. For the purposes of subsection (1)(c), the mortgagor is treated as a party to a transaction that is an assignment.

            Compare
            Notes
            • Section 159(1): amended, on , pursuant to section 90(2) of the Fisheries Act 1996 Amendment Act 1999 (1999 No 101).
            • Section 159(1)(b): amended, on , by section 45 of the Fisheries Act 1996 Amendment Act 1999 (1999 No 101).
            • Section 159(2): added, on , by section 18 of the Fisheries (Remedial Issues) Amendment Act 2001 (2001 No 33).