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Fisheries Act 1996

Performance of services by approved organisations - Transfer of property, rights, and obligations to chief executive

296L: Date on which transfer of property takes effect

You could also call this:

"When property is transferred to the government, this is when it officially happens"

Illustration for Fisheries Act 1996

When a notice is given under section 296H, it takes effect on a certain date. You need to know this date is either the one stated in the notice or the date an application to the District Court is dismissed. The notice is given when property, rights, and obligations are being transferred to the chief executive. When the notice takes effect, the property specified in it becomes the property of the chief executive. The chief executive also gets the rights and obligations that were previously held by another organisation. This happens as if the chief executive had originally entered into an agreement or arrangement with the specified person. This rule applies even if there are other agreements or arrangements that say something different.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM399537.

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"Appealing to the District Court about property transfers"

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296M: Compensation for transfer of property, or

"Getting paid if the government takes your property"

Part 15APerformance of services by approved organisations
Transfer of property, rights, and obligations to chief executive

296LDate on which transfer of property takes effect

  1. A notice under section 296H takes effect,—

  2. if the specified person does not apply to the District Court under section 296K, on the date stated in the notice as the date on which it takes effect; or
    1. if the specified person applies to the District Court and the person's application is dismissed, on the date the application is dismissed.

      1. On the date that the notice takes effect—

      2. the property specified in the notice becomes the property of the chief executive; and
        1. the rights and obligations of the approved service delivery organisation under any agreement or arrangement specified in the notice become rights and obligations of the chief executive as if the chief executive, and not the organisation, had entered into the agreement or arrangement with the specified person.

          1. This section applies despite anything in any agreement or arrangement.

          Notes
          • Section 296L: inserted, on , by section 65 of the Fisheries Act 1996 Amendment Act 1999 (1999 No 101).
          • Section 296L(1)(a): amended, on , by section 261 of the District Court Act 2016 (2016 No 49).
          • Section 296L(1)(b): amended, on , by section 261 of the District Court Act 2016 (2016 No 49).