Fisheries Act 1996

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

296V: Demerit points recorded where objection made

You could also call this:

"What happens if you disagree with getting demerit points"

Illustration for Fisheries Act 1996

You can object to demerit points being recorded against you. If you do this, the Minister will look at your objection. The Minister can then ask the District Court to make a decision. If the Minister thinks you have not followed the rules, they can ask the District Court to order the demerit points to be recorded. The District Court will make this order if the Minister can prove you have not followed the rules. This is done under section 296S, which you can read about by following the link to section 296S. The court can also decide who pays the costs, like in a criminal case, and this can be related to a notice under section 296T.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM399560.


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

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


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296W: Civil penalty imposed where demerit points recorded, or

"Paying a fine when you get demerit points for breaking fishing rules"

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

296VDemerit points recorded where objection made

  1. This section applies if—

  2. an objection to the recording of demerit points, accompanied by a statement of reasons, is received from the approved service delivery organisation within the stated 20-day period; and
    1. the Minister does not accept the objection.
      1. The Minister may apply to the District Court for an order that the Minister may record the demerit points.

      2. The District Court must order the Minister to record the demerit points under section 296S if the Minister establishes on the balance of probabilities that the organisation has not complied with the standards and specifications or the direction to which the notice under section 296T relates.

      3. The court may award costs as if the matter were a criminal matter.

      Notes
      • Section 296V: inserted, on , by section 65 of the Fisheries Act 1996 Amendment Act 1999 (1999 No 101).
      • Section 296V(2): amended, on , by section 261 of the District Court Act 2016 (2016 No 49).