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Fisheries Act 1996

Miscellaneous provisions

305A: Powers of chief executive when false or misleading information given

You could also call this:

"What happens if you give false information to get a fishing permit or licence?"

Illustration for Fisheries Act 1996

The chief executive can change or cancel an approval, authority, licence, permission, or permit if you gave false or misleading information. You must have given this information to get the approval, authority, licence, permission, or permit. The chief executive will tell you in writing that they want to change or cancel it and give you a reason. The chief executive will give you a chance to say something about the proposed change or cancellation. They will think about what you say before making a decision. If the chief executive decides to change or cancel it, they will tell you in writing. You can be the holder of the approval, authority, licence, permission, or permit, or the person affected by the decision or registration. The chief executive will consider your thoughts before making a decision, as per the Fisheries Act 1996 Amendment Act 1999. The chief executive's decision will be final.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM399941.

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Part 16Miscellaneous provisions

305APowers of chief executive when false or misleading information given

  1. The chief executive may amend or revoke all or any part of an approval, authority, licence, permission, or permit given under this Act, or a decision made under this Act, or a registration completed under this Act, (the specified action) if—

  2. the chief executive is satisfied that the specified action was given, made, or completed on the basis of false or misleading information; and
    1. the false or misleading information was material to the giving, making, or completion of the specified action; and
      1. the chief executive gives notice in writing of his or her intention to amend or revoke the specified action to the appropriate one of the following:
        1. the holder of the approval, authority, licence, permission, or permit; or
          1. the person in relation to whom the decision was made or the registration was completed; and
          2. the notice is accompanied by a statement of the chief executive's reasons for the proposed revocation or amendment; and
            1. the chief executive gives the person to whom the notice is given a reasonable opportunity to make submissions in relation to the proposed revocation or amendment; and
              1. the chief executive considers any submissions made by that person.

                1. An amendment or revocation under subsection (1) is made by giving notice in writing to the appropriate one of the following:

                2. the holder of the approval, authority, licence, permission, or permit; or
                  1. the person in relation to whom the decision was made or the registration was completed.

                    Notes
                    • Section 305A: inserted, on , by section 70 of the Fisheries Act 1996 Amendment Act 1999 (1999 No 101).