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Fisheries Act 1996

Registration of transfers, mortgages, caveats, etc - Compensation

171: Compensation for mistake or wrongdoing in keeping Quota Register

You could also call this:

"Getting paid back if someone makes a mistake with your fishing quota"

Illustration for Fisheries Act 1996

If you suffer loss or damage because of a mistake made by the chief executive or an approved service delivery organisation when keeping the Quota Register, you may be able to get compensation. You can bring an action for recovery of damages against the Crown or the approved service delivery organisation, depending on who was keeping the register at the time. This section does not apply to transfers or entries made before it came into effect, or to provisional individual transferable quota, annual catch entitlement, or provisional catch history, and you can refer to section 168 or section 170 for more information.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM397947.

Topics:
Environment and resources > Farming and fishingMoney and consumer rights > Compensation for losses
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Part 8Registration of transfers, mortgages, caveats, etc
Compensation

171Compensation for mistake or wrongdoing in keeping Quota Register

  1. This section applies to any person who—

  2. sustains loss or damage through any omission, mistake, or wrongdoing of the chief executive or, as the case may be, an approved service delivery organisation who is responsible under this Act for keeping the Quota Register, in the exercise of functions connected with the keeping of the Quota Register; or
    1. is deprived of the rights in respect of which the person is registered as owner or mortgagee of any individual transferable quota—
      1. by the registration of any other person as the owner or as mortgagee, as the case may be; or
        1. by any error, omission, or misdescription in any record in respect of such quota kept by the chief executive or, as the case may be, an approved service delivery organisation who is responsible for keeping the Quota Register, or in any entry or memorial in the Quota Register; or
        2. sustains any loss or damage by the wrongful inclusion in any such record of a statement about ownership or any mortgage of quota,—
            1. and who, by virtue of section 168 or section 170, is unable to bring an action in respect of that quota or that interest as owner or mortgagee, as the case may be.

          1. A person to whom this section applies may bring an action for recovery of damages against—

          2. the Crown, if the register was kept by the chief executive at the relevant time; or
            1. the approved service delivery organisation, if the functions, duties, and powers connected with the keeping of the register were performed or exercised by that organisation under section 296B at the relevant time.

              1. This section does not apply in respect of any transfer of individual transferable quota, or entry or record, effected before the commencement of this section.

              2. This section does not apply in respect of provisional individual transferable quota, annual catch entitlement, or provisional catch history.

              Compare
              Notes
              • Section 171 heading: amended, on , by section 20(1) of the Fisheries (Remedial Issues) Amendment Act 2001 (2001 No 33).
              • Section 171(1): substituted, on , by section 48 of the Fisheries Act 1996 Amendment Act 1999 (1999 No 101).
              • Section 171(1)(a): amended, on , by section 20(2) of the Fisheries (Remedial Issues) Amendment Act 2001 (2001 No 33).
              • Section 171(1A): inserted, on , by section 48 of the Fisheries Act 1996 Amendment Act 1999 (1999 No 101).
              • Section 171(1A)(a): substituted, on , by section 20(3) of the Fisheries (Remedial Issues) Amendment Act 2001 (2001 No 33).
              • Section 171(1A)(b): substituted, on , by section 20(3) of the Fisheries (Remedial Issues) Amendment Act 2001 (2001 No 33).