Fisheries Act 1996

Fisheries administration - Catch History Review Committee

293: Decision of Committee

You could also call this:

"How the Committee Makes a Decision"

Illustration for Fisheries Act 1996

When you are on the Catch History Review Committee, you must only look at the evidence and submissions given to you. You must not use any personal knowledge you have about the matter. The Committee's decisions must be in writing and explain why they made that decision. The Committee will tell the parties and the chief executive about their decision. They will also make the decision available to the public, but they might remove some information if it is commercially sensitive. You can get a copy of the decision if you pay a reasonable charge. The Committee keeps a record of all their decisions. If you do not agree with a decision, you can challenge it under the Judicial Review Procedure Act 2016. You must do this within 90 days of the decision being made. The Committee's decision will tell you about your right to challenge it and the time limit for doing so. If you want to challenge a decision, you must do it within the time limit or a court will not hear your case.

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Part 15Fisheries administration
Catch History Review Committee

293Decision of Committee

  1. In considering any matter before it, the Catch History Review Committee shall—

  2. confine itself to the evidence, written submissions received under section 291(3), submissions presented by the parties, and its own expertise and knowledge; and
    1. exclude any member's personal knowledge of the matter gained otherwise than through the hearing of the matter before the Committee.
      1. Every decision of the Committee shall—

      2. be in writing; and
        1. state the reasons for the decision; and
          1. be notified to the parties, and the chief executive; and
            1. be available to the public, except that the Committee may—
              1. delete information that it considers commercially sensitive:
                1. make copies of the decision available on payment of a reasonable charge.
                2. The Committee shall record its decisions in a register.

                3. Every decision of the Committee shall be final unless challenged by an application for review under the Judicial Review Procedure Act 2016.

                4. Notwithstanding any other enactment or rule of law, a court shall not hear or determine, and no person shall make or commence, any application or other proceedings whatever in respect of a decision or purported decision of the Committee unless the application is, or the proceedings are, made or commenced within 90 days after the date of the decision or purported decision.

                5. Every decision of the Committee shall contain a statement as to the effect of subsections (4) and (5).

                Compare
                • 1983 No 14 s 28I
                • 1986 No 34 s 10
                • 1989 No 159 s 55
                • 1992 No 137 s 2
                Notes
                • Section 293(2)(c): amended, on , pursuant to section 90(2) of the Fisheries Act 1996 Amendment Act 1999 (1999 No 101).
                • Section 293(4): amended, on , by section 24 of the Judicial Review Procedure Act 2016 (2016 No 50).
                • Section 293(5): amended, on , by section 29 of the Fisheries Amendment Act 2001 (2001 No 65).