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Fisheries Act 1996

Performance of services by approved organisations

296B: Transfer of specified functions, duties, or powers to approved service delivery organisations

You could also call this:

"The Government can give some jobs to approved organisations that can do them well."

Illustration for Fisheries Act 1996

The Governor-General can transfer some jobs to an approved service delivery organisation. You need to know the Minister must recommend this after talking to the Minister responsible for the Environment Act 1986. The organisation must be a company and have enough resources to do the jobs. The Minister must be sure the organisation is representative of people with an interest in the jobs. The organisation must also have a monetary deposit or bond as stated in section 296D. Standards and specifications must be issued for the jobs. An order can state who owns the information and data related to the jobs. If someone falsifies this information, they can commit an offence and get a penalty as stated in section 252(1). An order under this section is secondary legislation, which has publication requirements as stated in Part 3 of the Legislation Act 2019. You can find more information about the Environment Act 1986 at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM98974 and the Companies Act 1993 at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM319569.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM399509.

Topics:
Government and voting > Government departmentsEnvironment and resources > ConservationBusiness > Industry rules
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296A: Interpretation, or

"What the boss of fisheries is in charge of"

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296C: Effect of transfer of specified functions, duties, or powers, or

"What happens when tasks are given to another organisation to do"

Part 15APerformance of services by approved organisations

296BTransfer of specified functions, duties, or powers to approved service delivery organisations

  1. The Governor-General may from time to time, by Order in Council made on the recommendation of the Minister after consultation with the Minister responsible for the administration of the Environment Act 1986, transfer any specified function, duty, or power to an approved service delivery organisation.

  2. An order transferring specified functions, duties, or powers to an approved service delivery organisation must—

  3. declare a person to be an approved service delivery organisation for such period as may be specified in the order; and
    1. state which functions, duties, or powers are transferred to the approved service delivery organisation.

      1. The Minister must not make a recommendation under subsection (1) unless the Minister is satisfied that—

      2. the proposed approved service delivery organisation is representative of quota owners who have an interest in those functions, duties, or powers; and
        1. if the recommendation relates to a function, duty, or power associated with the administration of fish farming, the proposed approved service delivery organisation is representative of fish farmers who have an interest in the function, duty, or power; and
          1. the proposed approved service delivery organisation is a company incorporated under the Companies Act 1993; and
            1. the proposed approved service delivery organisation has the financial, management, and other resources to enable it to—
              1. assume responsibility for the carrying out of the functions, duties, or powers that are specified in the order; and
                1. ensure that those functions, duties, or powers are carried out; and
                2. the proposed approved service delivery organisation—
                  1. has provided the chief executive with a monetary deposit or bond in accordance with section 296D; or
                    1. has established and is maintaining an alternative arrangement in accordance with section 296D; and
                    2. standards and specifications have been issued in relation to the functions, duties, or powers.

                      1. An order under subsection (1) may—

                      2. specify the rights of the Crown in relation to information and data received, held, or generated in relation to the performance or exercise of the functions, duties, or powers; and
                        1. provide that the information and data specified in the order is the property of the Crown.

                          1. An approved service delivery organisation or other person who knowingly falsifies information or data to which an order under subsection (4) relates commits an offence and is liable on conviction to the penalty set out in section 252(1).

                          2. An order under this section is secondary legislation (see Part 3 of the Legislation Act 2019 for publication requirements).

                          Notes
                          • Section 296B: inserted, on , by section 65 of the Fisheries Act 1996 Amendment Act 1999 (1999 No 101).
                          • Section 296B(3)(ab): inserted, on , by section 15 of the Fisheries Amendment Act (No 3) 2004 (2004 No 104).
                          • Section 296B(6): inserted, on , by section 3 of the Secondary Legislation Act 2021 (2021 No 7).