Fisheries Act 1996

Registration of transfers, mortgages, caveats, etc - Guarantee of ownership rights

168: Guarantee of ownership rights

You could also call this:

"Proof of who owns a fishing quota"

You can use a certified copy of a record as proof of ownership. This copy must be signed by the chief executive and have their seal. It proves who owned a quota at the time the copy was issued. You can use this copy in court as proof of ownership. But it does not apply if someone's rights were taken away by fraud. It also does not apply to some types of quotas, like provisional individual transferable quota. The rules about certified copies are similar to rules in the 1989 No 148 legislation.

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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=DLM397941.

Topics:

Environment and resources > Farming and fishingMoney and consumer rights > Property rights

167: Registrar not bound to attend court or produce register without court order, or

"The registrar doesn't have to go to court or show records unless the court says so."

169: Purchasers and mortgagees not affected by notice, or

"Buying or lending money for a fishing quota: your rights are protected"

Part 8Registration of transfers, mortgages, caveats, etc
Guarantee of ownership rights

168Guarantee of ownership rights

The production of a certified copy in hard copy form signed by or on behalf of the chief executive, and sealed with the chief executive's seal, of a record in any register kept under this Part as to the ownership of any individual transferable quota, shall be held in every court of law or equity and for all purposes to be conclusive proof that the owner shown in the certified copy was, as at the time of the issue of the certified copy, owner of the quota to which the certified copy relates.
Subsection (1) does not apply in respect of any action brought by any person deprived of rights in relation to any quota or of any rights as mortgagee of any quota, by fraud, as against—
the person registered as owner of the quota through fraud; or
a person deriving otherwise than as a transferee bona fide for value from, or through, a person registered as owner of the quota through fraud.

Subsection (1) does not apply in respect of provisional individual transferable quota, annual catch entitlement, or provisional catch history.

Compare

1989 No 148 s 58(1), (3)

Notes

Section 168(1): amended, on 9 September 1999, pursuant to section 90(2) of the Fisheries Act 1996 Amendment Act 1999 (1999 No 101).