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Fisheries Act 1996

Performance of services by approved organisations - Termination of orders transferring functions, duties, or powers

296E: Revocation of order transferring functions, duties, or powers to approved service delivery organisation

You could also call this:

"The Governor-General can cancel an order that gives jobs to an organisation."

Illustration for Fisheries Act 1996

The Governor-General can revoke or amend an order that transfers functions, duties, or powers to an approved service delivery organisation. You need to know that this can happen if the organisation agrees to it or if certain requirements are met. The Minister must be satisfied that the organisation has failed to comply with standards or directions, or has a serious problem. The Minister must give the organisation notice and a chance to make submissions before making a recommendation. The Minister must consider any submissions made by the organisation. An order under this section is secondary legislation, which has its own publication requirements, as outlined in the Legislation Act 2019. The Governor-General makes the order on the recommendation of the Minister. You can find more information about the requirements for the Minister's recommendation in section 296B, section 296Q, section 296D, and section 296ZE. The Minister's decision is important for the organisation and its functions.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM399518.

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Part 15APerformance of services by approved organisations
Termination of orders transferring functions, duties, or powers

296ERevocation of order transferring functions, duties, or powers to approved service delivery organisation

  1. The Governor-General may from time to time, by Order in Council made on the recommendation of the Minister, revoke or amend an order made under section 296B.

  2. The Minister may not make a recommendation under subsection (1) unless—

  3. the approved service delivery organisation named in the order has agreed to the recommendation by notice in writing to the Minister; or
    1. the requirements of subsection (3) have been satisfied and the Minister has complied with the requirements set out in subsection (4).

      1. The requirements of this subsection are that the Minister must be satisfied that—

      2. the approved service delivery organisation has—
        1. failed to comply with any applicable standards and specifications; or
          1. failed to comply with an applicable direction under section 296Q; or
            1. failed to maintain an alternative arrangement under section 296D(1)(b); or
              1. failed to comply with a requirement under section 296D(3) to increase the amount of a monetary deposit or bond; or
              2. there is a serious problem with the organisation within the meaning of section 296ZE(2).

                1. The Minister must—

                2. give the approved service delivery organisation notice in writing of the Minister's intention to make the recommendation, accompanied by a statement of the Minister's reasons for the proposed recommendation; and
                  1. give the approved service delivery organisation a reasonable opportunity to make submissions to the Minister in relation to the proposed recommendation; and
                    1. consider any submissions made by the approved service delivery organisation.

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

                      Notes
                      • Section 296E: inserted, on , by section 65 of the Fisheries Act 1996 Amendment Act 1999 (1999 No 101).
                      • Section 296E(5): inserted, on , by section 3 of the Secondary Legislation Act 2021 (2021 No 7).