Part 6Access to fishery
Fishing vessel registration
106BRights of review and appeal relating to suspension of consent to registration of vessel
A person directly affected by the chief executive's decision under section 106A(1) to suspend his or her consent to a vessel's registration may, within 7 days after the date on which the decision was notified, apply to the chief executive for a review of that decision.
The chief executive must, within 14 days after the date of receipt of an application under subsection (1), confirm, reverse, or modify the decision under review.
If the applicant is dissatisfied with the chief executive's decision under subsection (2), the applicant may appeal to the District Court against the decision.
The District Court may confirm, reverse, or modify the decision appealed against.
If any party to any proceedings before the District Court under this section is dissatisfied with any determination of the court as being erroneous in point of law, the party may appeal to the High Court by way of case stated for the opinion of the court on a question of law only.
On an appeal under subsection (5), the High Court may confirm, reverse, or modify the decision appealed against.
Appeals under this section must be heard and determined in accordance with any applicable rules of court.
The operation of a decision to suspend the chief executive's consent to a vessel's registration continues in force pending the determination of a review or appeal under this section, except where the chief executive (in the case of a review) or the court hearing the appeal (in any other case) otherwise directs.
This section confers no right of review or appeal in relation to a decision under section 106A(8) to extend a suspension.
Notes
- Section 106B: inserted, on , by section 5 of the Fisheries (Foreign Charter Vessels and Other Matters) Amendment Act 2014 (2014 No 60).
- Section 106B(3): amended, on , by section 261 of the District Court Act 2016 (2016 No 49).


