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Fisheries Act 1996

Miscellaneous provisions

304: Circulars

You could also call this:

"Rules made by the chief executive to help you follow the law"

Illustration for Fisheries Act 1996

The chief executive can make circulars that set out general rules for things like plans or proposals. You can follow these rules to make sure you are doing things correctly. If you follow the rules in a circular, it is like you have been approved by the chief executive or a fishery officer. The chief executive or a fishery officer can still make their own decisions about things, even if a circular says something different. They are not limited by what a circular says. You can find more information about this by looking at the Fisheries Act 1983. The chief executive's powers are not affected by circulars, so they can still make decisions as they see fit. This means that even if a circular says something, the chief executive or a fishery officer can still choose to do things their own way. You should be aware of this when following the rules in a circular.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM399935.

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Environment and resources > Fishing and fishing regulationsGovernment and voting > Government departments
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Part 16Miscellaneous provisions

304Circulars

  1. Regulations under this Act may provide for the promulgation from time to time by the chief executive of circulars specifying general criteria for the drawing up, accomplishment, demonstration, carrying on, or provision for any act, plan, proposal, matter, system, process, or thing.

  2. Where any act, plan, proposal, matter, system, process, or thing must be—

  3. approved by the chief executive or a fishery officer, it shall be deemed so to have been approved if it is in conformity with general criteria relating to it specified in a circular or circulars for the time being in force:
    1. accomplished, demonstrated, carried on, or provided for to the satisfaction of the chief executive or a fishery officer, it shall be deemed so to have been accomplished, demonstrated, carried on, or provided for if it is in conformity with general criteria relating to it specified in a circular or circulars for the time being in force:
      1. accomplished, demonstrated, carried on, or provided for to an extent that, in the opinion of the chief executive or a fishery officer, meets or tends to meet some particular result, it shall be deemed so to have been accomplished, demonstrated, carried on, or provided for if it is in conformity with general criteria relating to it specified in a circular or circulars for the time being in force.

        1. The powers of the chief executive or a fishery officer to approve or be satisfied of, or to take any action in relation to (a prerequisite to the taking of which action is that he or she may have a particular opinion about), any act, plan, proposal, matter, system, process, or thing shall not be limited or affected by any matter contained in a circular.

        Compare
        Notes
        • Section 304(2): amended, on , by section 68(1)(a) of the Fisheries Act 1996 Amendment Act 1999 (1999 No 101).
        • Section 304(2)(a): amended, on , by section 68(1)(b) of the Fisheries Act 1996 Amendment Act 1999 (1999 No 101).
        • Section 304(2)(b): amended, on , by section 68(1)(b) of the Fisheries Act 1996 Amendment Act 1999 (1999 No 101).
        • Section 304(2)(c): amended, on , by section 68(1)(b) of the Fisheries Act 1996 Amendment Act 1999 (1999 No 101).
        • Section 304(3): amended, on , by section 68(2) of the Fisheries Act 1996 Amendment Act 1999 (1999 No 101).