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Fisheries Act 1996

Aquaculture - Aquaculture agreements and compensation declarations - Compensation

186ZO: Submission to arbitration

You could also call this:

"Asking someone to decide your compensation"

Illustration for Fisheries Act 1996

You can ask an arbitrator to decide how much compensation you should get under section 186ZN. The Arbitration Act 1996 rules apply to this process. You need to appoint an arbitrator to make this decision. This can be done by agreement between you and the quota owners, or if you cannot agree, the President of the Arbitrators and Mediators Institute of New Zealand Incorporated can appoint one.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM4075835.

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186ZNA: Compensation to be provided by negotiator if aquaculture agreement not lodged in respect of aquaculture area, or

"Paying back money if an aquaculture agreement is not made"

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186ZP: Arbitrator to determine preliminary question about economic value of proposed aquaculture activities, or

"Arbitrator decides if new aquaculture activities are more valuable than existing fishing"

Part 9AAquaculture
Aquaculture agreements and compensation declarations: Compensation

186ZOSubmission to arbitration

  1. The holder of a coastal permit may submit to an arbitrator a request to determine the amount of compensation to be provided under section 186ZN and the provisions of the Arbitration Act 1996 (other than those relating to the appointment of an arbitrator) apply as if this section were an arbitration agreement.

  2. For the purposes of the arbitration, an arbitrator is to be appointed—

  3. by agreement between the holder of the coastal permit and all the quota owners; but
    1. if they cannot agree, then by the President of the Arbitrators and Mediators Institute of New Zealand Incorporated or a person authorised by the President.

      Notes
      • Section 186ZO: inserted, on , by section 24 of the Fisheries Amendment Act 2011 (2011 No 68).
      • Section 186ZO(1): replaced, on , by section 6 of the Resource Management (Natural and Built Environment and Spatial Planning Repeal and Interim Fast-track Consenting) Act 2023 (2023 No 68).
      • Section 186ZO(2)(a): replaced, on , by section 6 of the Resource Management (Natural and Built Environment and Spatial Planning Repeal and Interim Fast-track Consenting) Act 2023 (2023 No 68).