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Fisheries Act 1996

Aquaculture - Aquaculture agreements and compensation declarations - Compensation

186ZQ: Determination of compensation

You could also call this:

"How much money quota owners get to make up for changes to fishing areas"

Illustration for Fisheries Act 1996

When an arbitrator decides how much compensation to give to quota owners, they must follow the rules set out in regulations made under section 186ZR(1)(b). You can think of compensation like money paid to make up for something. The arbitrator looks at proposals from the holder of the coastal permit and quota owners to decide how the site can be used. The compensation is the same for each quota share. The compensation is paid to the people who hold quota for the fish stock, but only to quota owners as defined in section 186ZN(3). If the holder of the coastal permit decides not to go ahead with the aquaculture activities after the arbitrator makes a decision, they must pay the quota owners' costs. The arbitrator determines what these costs are.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM4075837.

Topics:
Environment and resources > Farming and fishingMoney and consumer rights > Compensation
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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"

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186ZR: Regulations relating to compensation, or

"Rules for Paying People Affected by Fish Farming"

Part 9AAquaculture
Aquaculture agreements and compensation declarations: Compensation

186ZQDetermination of compensation

  1. In determining the compensation to be awarded to quota owners, an arbitrator must follow the methodology specified in any regulations made under section 186ZR(1)(b).

  2. For the purposes of section 186ZR(3)(a)(ii), the holder of the coastal permit and quota owners may submit proposals to the arbitrator that set out the maximum extent to which complementary use may be made of the site concerned for particular quota stocks and aquaculture activities.

  3. The level of compensation provided under subsection (1) must be the same for each quota share for each quota stock.

  4. The compensation awarded under subsection (1) must—

  5. be provided to the persons holding quota for the fish stock subject to the reservation; and
    1. be provided only to quota owners as defined in section 186ZN(3).

      1. If, after the arbitrator has made an award, the holder of the coastal permit decides not to proceed with the aquaculture activities, then the holder of the permit must pay the quota owners' reasonable costs and expenses, as determined by the arbitrator, for participating in the arbitration.

      2. Repealed
      Notes
      • Section 186ZQ: inserted, on , by section 24 of the Fisheries Amendment Act 2011 (2011 No 68).
      • Section 186ZQ(2): 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 186ZQ(6): repealed, 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).