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Fisheries Act 1996

Taiapure-local fisheries and customary fishing

181: Inquiry by tribunal

You could also call this:

"A special court looks into your concerns about a fishing proposal"

Illustration for Fisheries Act 1996

When you make an objection or submission about a proposal under section 180, a public inquiry will be held to look into it. You will have the right to be present and be heard at every inquiry, and you can be represented by a lawyer or another authorised person. The inquiry will be conducted by a tribunal, which is like a special court, and it will make a report and recommendations to the Minister. The tribunal will be helped by a Judge from the Maori Land Court, and the Chief Judge can appoint one or more assessors to help with the inquiry. The assessors will be chosen because they have knowledge and experience in the areas that the inquiry will be looking at. The tribunal will follow the rules of the Commissions of Inquiry Act 1908, except for sections 10 to 12. After the inquiry is finished, the tribunal will make a report and recommendations to the Minister, and the Minister will consider these and make a decision. The Minister will also consult with the Minister of Maori Affairs and publish the report and decision in the Gazette. You can find more information about the Commissions of Inquiry Act 1908 by looking at the Commissions of Inquiry Act 1908 and the sections 10 to 12 that do not apply. The Minister's decision can be about accepting or declining the recommendations, and it will be published in the Gazette along with the report and recommendations. If you want to know more about the proposal and the inquiry, you can look at section 180 and section 176(2). There is no appeal from the report, recommendation, or decision made under this section, except as provided in section 182.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM397965.

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Part 9Taiapure-local fisheries and customary fishing

181Inquiry by tribunal

  1. A public inquiry shall be conducted into all objections and submissions received under section 180.

  2. The inquiry shall be conducted by a tribunal consisting of a Judge of the Maori Land Court appointed by the Chief Judge of the Maori Land Court.

  3. The Chief Judge of the Maori Land Court may direct that the tribunal conducting the inquiry conduct it with the assistance of 1 or more assessors to be appointed by the Chief Judge for the purpose of the inquiry.

  4. In considering the suitability of any person for appointment as an assessor, the Chief Judge of the Maori Land Court shall have regard not only to that person's personal attributes but also to that person's knowledge of and experience in the different aspects of matters likely to be the subject matter of the inquiry.

  5. The tribunal shall be deemed to be a Commission of Inquiry under the Commissions of Inquiry Act 1908 and, subject to the provisions of this Act, all the provisions of that Act, except sections 10 to 12, shall apply accordingly.

  6. The person who submitted the proposal to the chief executive, the Minister, any regional council or local authority whose region or district is affected by the proposal, and every body and person which or who made submissions on or objected to the proposal under section 180, shall have the right to be present and be heard at every inquiry conducted by the tribunal under this section, and may be represented by counsel or other duly authorised representative.

  7. A tribunal appointed under this section may, if the Chief Judge of the Maori Land Court so directs, conduct any 2 or more inquiries together notwithstanding that they relate to different areas or different parts of any area.

  8. On completion of the inquiry, the tribunal shall, having regard to the provisions of section 176(2),—

  9. make a report and recommendations to the Minister on the objections and submissions made to it, which report and recommendations may include recommended amendments to the proposal; or
    1. recommend to the Minister that no action be taken as a result of the objections and submissions made to it.

      1. The Minister, after taking into account the report and recommendations of the tribunal and after having regard to the provisions of section 176(2), and after consultation with the Minister of Maori Affairs,—

      2. may—
        1. accept those recommendations; or
          1. decline to accept all or any of those recommendations; and
          2. shall publish in the Gazette—
            1. the report and recommendations of the tribunal; and
              1. the decision of the Minister on the report and recommendations of the tribunal.

              2. Subject to section 182, no appeal shall lie from any report or recommendation or decision made under this section.

              Compare
              • 1983 No 14 s 54G
              • 1989 No 159 s 74