Plain language law

New Zealand law explained for everyone

Fisheries Act 1996

Registration of transfers, mortgages, caveats, etc - Correction of registers

165: Correction of register

You could also call this:

"Fixing mistakes in the fisheries register"

Illustration for Fisheries Act 1996

You can ask for a correction to the register under section 164. The chief executive checks if the register is correct. If it is not, they correct it and record the change. They also tell you and others who might be affected. The chief executive can correct the register on their own if it is wrong. They tell people who might be affected before making the change. They record the correction and the time it was made. No correction can be made if it hurts someone who bought something in good faith. That person must agree to the correction before it can be made.

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 It might be out of date or be missing some parts.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=DLM397933.

Topics:
Environment and resources > Farming and fishing
Previous

164: Application for correction of register, or

"Fixing mistakes in the fisheries register"

Next

166: Certified copies of register to be evidence, or

"A certified copy of a record is proof that the details are correct."

Part 8Registration of transfers, mortgages, caveats, etc
Correction of registers

165Correction of register

  1. If, upon receipt of an application under section 164, the chief executive is satisfied that the register does not record accurately the particulars set out in the instrument to which the application relates or is incorrect for any other reason specified for the purpose in any regulations made under section 297, the chief executive shall correct the register accordingly and—

  2. record on the register the nature of the correction and the time at which the correction was made; and
    1. notify the person who made the application under section 164, and any other person whom the chief executive considers will be affected, of the correction.

      1. If the chief executive is satisfied that the register does not record accurately the particulars set out in the instrument to which the record on the register relates or, subject to any regulations made under section 297, is for any other reason incorrect, the chief executive may, of the chief executive's own motion, after notifying those persons whom the chief executive considers will be affected, correct the register accordingly and record on the register the nature of the correction and the time at which the correction was made.

      2. Without limiting the generality of subsection (2), the power conferred by that subsection is exercisable if—

      3. a registration notice has been issued in error or an entry or endorsement has been made in error:
        1. a misdescription has occurred in any entry in the register or any registration notice issued under section 159(1)(b):
          1. an instrument has been obtained fraudulently or wrongfully, or retained fraudulently or wrongfully.

            1. No correction may be made under this section to the extent that the correction prejudices any bona fide purchaser for value, or any mortgagee for valuable consideration, unless that person makes a statutory declaration confirming his or her consent to the correction of the register.

            Compare
            Notes
            • Section 165(1): amended, on , pursuant to section 90(2) of the Fisheries Act 1996 Amendment Act 1999 (1999 No 101).
            • Section 165(1)(b): amended, on , pursuant to section 90(2) of the Fisheries Act 1996 Amendment Act 1999 (1999 No 101).
            • Section 165(2): amended, on , pursuant to section 90(2) of the Fisheries Act 1996 Amendment Act 1999 (1999 No 101).