106ASuspension of consent to registration

1. The chief executive may, after complying with subsections (4) and (5), suspend his or her consent to the registration of any foreign-owned New Zealand fishing vessel for any reasonable period determined by him or her if satisfied on reasonable grounds that there has been a breach of any condition of consent to its registration.

2. If any person, department, or agency in the course of performing or exercising functions, duties, or powers under any Act obtains any information that is relevant for the purposes of subsection (1), the person, department, or agency may provide the information to the chief executive.

3. For the purposes of subsection (1), the chief executive may take into account information provided by any person, department, or agency.

4. The chief executive must notify the operator of the vessel in writing stating—

5. that he or she is satisfied on reasonable grounds that there has been a breach of any condition of consent to registration; and
6. the grounds on which the chief executive has based his or her belief; and
7. the actions the chief executive requires the operator to undertake or cease; and
8. the period within which the actions must be undertaken or cease (which must not be less than 72 hours from the date on which the operator is notified).

9. If the actions specified in the notice given under subsection (4) have not been undertaken or have not ceased (as the case may be) within the period required by the notice, the chief executive must do the following if he or she decides to proceed with suspension of consent to the vessel's registration:

10. give the operator not less than 7 days’ notice in writing of the intention to suspend consent to registration; and
11. give the operator a reasonable opportunity to make submissions to the chief executive; and
12. consider any submissions made to the chief executive by the operator.

13. The chief executive may impose conditions and requirements in respect of the implementation and operation of a suspension under this section.

14. If the chief executive suspends consent to a vessel's registration,—

15. he or she must notify the operator in writing that consent to the vessel's registration has been suspended; and
16. the notification must state—
    1. the reasons for the suspension of the chief executive's consent to the vessel's registration; and
    2. the period of the suspension; and
    3. the conditions and requirements imposed under subsection (6) (if any); and
    4. the rights of review and appeal available to a person directly affected under section 106B.

17. A period of suspension may be extended by the chief executive from time to time if he or she is satisfied that any conditions and requirements referred to in subsection (7)(b)(iii) have not been met, and subsection (7) (except paragraph (b)(iv)) (with the necessary modifications) applies to any extension of the suspension.

18. The chief executive may lift the suspension of consent if satisfied that suspension conditions and requirements referred to in subsection (7)(b)(iii) have been met.

19. A person commits an offence and is liable to the penalty set out in section 252(5) if the person uses a fishing vessel, or any tender of that fishing vessel, to take fish, aquatic life, or seaweed for sale while the chief executive's consent to registration of the vessel is suspended.

20. Nothing in this section requires the chief executive to remit or refund any fees, charges, or levies paid or payable by the operator under this Act for the period from the date of registration to the close of the period of suspension.

21. For the purposes of section 103(1), a vessel must be treated as being not registered while the chief executive's consent to its registration is suspended under this section.