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Fisheries Act 1996

Registration of transfers, mortgages, caveats, etc - Compensation

172: Notice of action to be served on Attorney-General and Registrar

You could also call this:

"Telling the Government About a Lawsuit"

Illustration for Fisheries Act 1996

You need to tell the Attorney-General and the Registrar in writing if you are taking action against the Crown under section 171(1A)(a). You must include the reason for the action and the amount of money you are claiming. You have to do this at least 20 working days before you start the action. If the officers agree that your claim is valid, they can certify this and you can be paid from public money. The amount you get will be based on their certificate. If you get notice that your claim is admitted, but you still go to court and do not get more than the admitted amount, you will not get any costs from the Crown. You will also have to pay the Crown's costs for defending the action.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM397953.

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171: Compensation for mistake or wrongdoing in keeping Quota Register, or

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

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173: Recovery of compensation paid and costs in case of fraud, or

"Getting back money paid out because of fraud"

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

172Notice of action to be served on Attorney-General and Registrar

  1. Notice in writing of—

  2. every action against the Crown under section 171(1A)(a); and
    1. the cause of the action; and
      1. the amount claimed—
          1. shall be served upon the Attorney-General, and also upon the Registrar, at least 20 working days before the commencement of the action, and the Registrar shall notify the chief executive of any such action served on the Registrar.

        1. If those officers concur that the claim ought to be admitted, as to the whole or any part of the claim, without suit or action, and jointly certify to that effect, the amount of the claim may, without further appropriation than this section, be paid, out of public money appropriated by Parliament, in whole or in part to the person entitled to that amount in accordance with the certificate.

        2. If, after notice of the admission has been served on the claimant, or the solicitor or agent of the claimant, the claimant proceeds with the action, and recovers no more than the amount admitted, the claimant—

        3. shall not be entitled to recover any costs as against the Crown; and
          1. shall be liable to the Crown for the costs of defending the action in the same manner as if judgment had been given for the defendant in the action.

            Compare
            Notes
            • Section 172(1)(a): amended, on , by section 49 of the Fisheries Act 1996 Amendment Act 1999 (1999 No 101).