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Fisheries Act 1996

Repeals, amendments, validations, savings, and transitional provisions - Savings and transitional provisions

345: Transitional Register

You could also call this:

"A list of fishing quota transfers and leases that happened after a certain date"

Illustration for Fisheries Act 1996

You need to know about the Transitional Register. It is a record of certain fishing quota transfers and leases. The register was set up under section 28P of the Fisheries Act 1983, which you can find on the New Zealand legislation website. You can reduce the term of a lease recorded in the Transitional Register if all parties agree. A lease recorded in the Transitional Register cannot be assigned to someone else. If the total allowable commercial catch for a fish stock is reduced, the amount of quota for that stock will also be reduced. If a quota holder's quota is reduced, the amount of quota they can transfer or lease will also be reduced. The chief executive must notify parties to a transfer or lease if it is cancelled. A lease includes a sublease, which means a lease of a lease. The Transitional Register is used to record transfers and leases of fishing quota that happened after a certain date. It is also used to record leases that started or ended after that date. You can find more information about the Fisheries Act 1983 on the New Zealand legislation website.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM400448.

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Part 17Repeals, amendments, validations, savings, and transitional provisions
Savings and transitional provisions

345Transitional Register

  1. For the purposes of this Part, notwithstanding the repeal of Part 2A of the Fisheries Act 1983 by section 314, the register established under section 28P of that Act shall continue to have effect in respect of—

  2. transfers of individual transferable quota that take effect on or after 1 October in the year in which Part 8 comes into force and are notified to the chief executive before the date notified in the Gazette under section 341(5); and
    1. every lease of individual transferable quota that begins or ends on or after that 1 October in the year in which Part 8 comes into force and is notified to the chief executive before the date notified in the Gazette under section 341(5).

      1. The register established under section 28P of the Fisheries Act 1983 shall hereafter be known as the Transitional Register of Leases and Forward Transfers of Quota (or the Transitional Register).

      2. Any party to any lease recorded in the Transitional Register of Leases and Forward Transfers of Quota may, with the consent of the other parties to that lease, reduce the term of that lease.

      3. A lease recorded in the Transitional Register, or any rights, interests, or obligations in respect of that lease, cannot be assigned.

      4. A reduction of term under subsection (3) has no effect until it is registered by the chief executive on the Transitional Register.

      5. A reduction of term under subsection (3) must not be registered on the Transitional Register unless a party to the lease applies in the approved form (if any) to the chief executive and the application is accompanied by the prescribed fee (if any).

      6. In the case of any transfer or lease registered on the Transitional Register,—

      7. if the total allowable commercial catch for the stock concerned is reduced under section 20, the amount of quota to which the transfer or lease relates shall be reduced in the same proportion as the reduction in the total allowable commercial catch for the stock bears to the total allowable catch for the stock immediately before the reduction; but
        1. no transferee or lessee of the individual transferable quota for the stock that is subject to the transfer or lease is entitled to any additional individual transferable quota or annual catch entitlements under this Act merely because the total allowable commercial catch for that stock has been increased under section 20.

          1. A transfer or lease registered on the Transitional Register is cancelled if—

          2. the total allowable commercial catch for the stock concerned is reduced to zero under section 20; or
            1. the quota for the stock concerned is cancelled because of an alteration of a quota management area under section 25.

              1. The chief executive must notify the parties to a transfer or lease registered on the Transitional Register if the lease or transfer is cancelled under this Part.

              2. If—

              3. any determination of an appeal under section 336 necessitates a deduction of quota shares from any person in accordance with subsection (1)(d) of that section; and
                1. that person has entered into any lease or any other arrangement in relation to quota that is recorded on the Transitional Register whereby any other person is or may become entitled to acquire from that person any amount of quota shares under section 348 or annual catch entitlement under section 347,—
                    1. the amount of quota or annual catch entitlement which that other person is entitled to acquire, as recorded on that register, shall be reduced in the same proportion that the deduction of quota shares of the holder of the quota bears to the total quota shares of the holder immediately before the deduction.

                  1. The amount of quota or annual catch entitlement to which a lease or other arrangement relates must be reduced in the same proportion as the reduction in the quota holder's quota bears to the total quota shares of the holder immediately before the reduction.

                  2. Subsection (8A) applies if—

                  3. a quota holder's quota is reduced under section 52; and
                    1. that person has entered into a lease or other arrangement recorded on the Transitional Register in relation to that quota; and
                      1. by virtue of that lease or other arrangement, another person is, or may become, entitled to acquire an amount of quota shares outright under section 348 or annual catch entitlement under section 347.

                        1. For the purposes of this section, the term lease includes a sublease.

                        Notes
                        • Section 345(4): substituted, on , by section 33(1) of the Fisheries (Remedial Issues) Amendment Act 2001 (2001 No 33).
                        • Section 345(5): substituted, on , by section 33(2) of the Fisheries (Remedial Issues) Amendment Act 2001 (2001 No 33).
                        • Section 345(6): substituted, on , by section 33(2) of the Fisheries (Remedial Issues) Amendment Act 2001 (2001 No 33).
                        • Section 345(7A): inserted, on , by section 33(3) of the Fisheries (Remedial Issues) Amendment Act 2001 (2001 No 33).
                        • Section 345(7B): inserted, on , by section 33(3) of the Fisheries (Remedial Issues) Amendment Act 2001 (2001 No 33).
                        • Section 345(8A): inserted, on , by section 33(4) of the Fisheries (Remedial Issues) Amendment Act 2001 (2001 No 33).
                        • Section 345(8B): inserted, on , by section 33(4) of the Fisheries (Remedial Issues) Amendment Act 2001 (2001 No 33).