Fisheries Act 1996

Registration of transfers, mortgages, caveats, etc - Acquisitions by operation of law

162: Procedure on application

You could also call this:

"What happens when you apply to own a fishing quota"

If you apply under section 161, the chief executive will register you as the owner if they are satisfied with your application. You will be registered as the owner, mortgagee, or caveator of any quota or annual catch entitlement. The quota or annual catch entitlement will still be subject to any registered caveat or mortgage after registration. If the chief executive registers you, the quota or annual catch entitlement remains subject to any registered caveat or mortgage. This means that even after you are registered, there may be some conditions that still apply. This section overrides some other parts of the Act, including sections 132(1)(b), 133(1)(b), 136(2), and 148(1). You can find more information about these sections in the Act.

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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=DLM397921.

Topics:

Environment and resources > Farming and fishingBusiness > Industry rules

161: Person claiming under operation of law may apply to have interest registered, or

"Apply to register your interest in something you own by law"

163: Chief executive may transfer quota or annual catch entitlement, or

"The boss of fisheries can give quota to someone else or the government."

Part 8Registration of transfers, mortgages, caveats, etc
Acquisitions by operation of law

162Procedure on application

If, on any application under section 161, the chief executive is satisfied that the requirements of this Act for registration are met, the chief executive shall register under section 159 the applicant as the owner, mortgagee, or caveator of any quota, or as the holder of any provisional catch history, or as the owner or caveator of any annual catch entitlement, as the case may be.
After registration under subsection (1), the quota or annual catch entitlement remains subject to any registered caveat or mortgage.
This section overrides sections 132(1)(b), 133(1)(b), 136(2), and 148(1).

Compare

1989 No 148 s 88

Notes

Section 162(1): amended, on 1 October 2001, by section 47 of the Fisheries Act 1996 Amendment Act 1999 (1999 No 101).
Section 162(1): amended, on 9 September 1999, pursuant to section 90(2) of the Fisheries Act 1996 Amendment Act 1999 (1999 No 101).
Section 162(2): added, on 1 October 2001, by section 19 of the Fisheries (Remedial Issues) Amendment Act 2001 (2001 No 33).
Section 162(3): added, on 1 October 2001, by section 19 of the Fisheries (Remedial Issues) Amendment Act 2001 (2001 No 33).