Fisheries Act 1996

Performance of services by approved organisations - Information disclosure requirements

296ZE: Disclosure of information to Minister

You could also call this:

"Telling the Minister about serious problems with a fishing organisation"

You must tell the Minister about any serious problems with an approved service delivery organisation. This is if you are the auditor and you find a serious problem while doing your job. A serious problem means the organisation is not following the rules or is likely to run out of money. You have to disclose this information even if it is not part of your normal job as an auditor. The Minister needs to know about serious problems with the organisation. This rule applies even if there are other laws or contracts that say something different. If you are auditing an organisation, you must tell the Minister if you think there is a serious problem. This includes if the organisation is not following the rules of the Fisheries Act 1996 or a direction under section 296Q. You must report this to the Minister, it is part of your job as an auditor.

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This page was last updated on 12 November 2025

View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM399587.

Topics:

Environment and resources > Farming and fishingBusiness > Industry rules

296ZD: Requirement that information be audited, or

"The Minister can ask groups to have their information checked by an approved auditor."

296ZF: Auditor to inform approved service delivery organisation of intention to disclose, or

"Auditor must tell organisation before sharing information"

Part 15APerformance of services by approved organisations
Information disclosure requirements

296ZEDisclosure of information to Minister

Any person must disclose to the Minister information relating to the affairs of an approved service delivery organisation if, in the course of or in connection with performing the role of auditor of the organisation, the person forms an opinion that there is a serious problem with the organisation.
For the purposes of this Part, a serious problem means the organisation—
is not operating, or is likely not to operate, in any material respect in accordance with—
1. the provisions of this Act under which the organisation performs or exercises its functions, duties, or powers; or
2. any applicable standards and specifications; or
3. an applicable direction under section 296Q; or
is insolvent or likely to become insolvent.

For the avoidance of doubt, subsection (1) does not require a person who is an auditor of an approved service delivery organisation to perform or exercise functions, duties, or powers additional to those functions, duties, or powers that the person would ordinarily perform or exercise in the course of performing that role, other than to make disclosure to the Minister as required by subsection (1).
This section applies despite any enactment or rule of law, or anything in a contract.

Notes

Section 296ZE: inserted, on 9 September 1999, by section 65 of the Fisheries Act 1996 Amendment Act 1999 (1999 No 101).
Section 296ZE(2)(a)(i): amended, on 1 November 2022, by section 23 of the Fisheries Amendment Act 2022 (2022 No 56).