Plain language law

New Zealand law explained for everyone

Fisheries Act 1996

Performance of services by approved organisations - Sanctions for breach of standards and specifications or directions

296T: Procedure for recording demerit points

You could also call this:

"How demerit points are given to organisations that break fishing rules"

Illustration for Fisheries Act 1996

If the Minister thinks an approved service delivery organisation has failed to meet standards, you are told the Minister must give the organisation a written notice. The notice tells the organisation what they did wrong and how many demerit points the Minister wants to give them. The organisation has 20 working days to object to the Minister's decision. The organisation must say why they are objecting to the demerit points in their objection. If the organisation does not object or does not give a reason, the Minister can record the demerit points. The Minister can also tell the organisation what will happen if they get more demerit points. The Minister can withdraw the notice at any time, and if they do, the organisation will not get demerit points for the failure. You can find more information about the law that allows the Minister to do this in the Fisheries Act 1996 Amendment Act 1999. The Minister follows this process to record demerit points against an organisation.

This text is automatically generated. It might be out of date or be missing some parts. Find out more about how we do this.

This page was last updated on

View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM399555.

Topics:
Environment and resources > Farming and fishingBusiness > Industry rules
Previous

296S: Demerit points to be recorded by Minister, or

"Minister Gives Demerit Points for Not Following Rules"

Next

296U: Demerit points recorded where no objection made, or

"What happens if you don't object to demerit points within 20 days"

Part 15APerformance of services by approved organisations
Sanctions for breach of standards and specifications or directions

296TProcedure for recording demerit points

  1. Before recording any demerit points in respect of an approved service delivery organisation, the Minister must give written notice to the organisation.

  2. The notice must state—

  3. the failure that makes the approved service delivery organisation liable to have the demerit points recorded against the organisation; and
    1. the number of demerit points specified in respect of that failure that the Minister proposes to record against the organisation; and
      1. the right of the organisation to object to the Minister's decision by giving written notice to the Minister within 20 working days after the date of the Minister's notice (the stated 20-day period); and
        1. that an objection must include a statement of the organisation's reasons for objecting; and
          1. the Minister's right to record the demerit points if—
            1. no objection is made within the stated 20-day period; or
              1. an objection is made without a statement of reasons; and
              2. the consequences of further demerit points being recorded against the organisation.

                1. The Minister may withdraw a notice at any time, in which case demerit points will not be recorded against the organisation in respect of the failure specified in the notice.

                Notes
                • Section 296T: inserted, on , by section 65 of the Fisheries Act 1996 Amendment Act 1999 (1999 No 101).