Fisheries Act 1996

Access to fishery - Fishing vessel registration

106B: Rights of review and appeal relating to suspension of consent to registration of vessel

You could also call this:

"What to do if your boat's registration is suspended and you want to appeal"

Illustration for Fisheries Act 1996

If the chief executive decides to suspend their consent to register your vessel under section 106A(1), you can ask them to review this decision within 7 days. The chief executive must then confirm, reverse, or modify their decision within 14 days. You can appeal to the District Court if you are not happy with the chief executive's decision. If you are not happy with the District Court's decision, you can appeal to the High Court. The High Court can confirm, reverse, or modify the decision. Any appeals must follow the rules of court. The suspension of the vessel's registration will stay in place until a review or appeal is decided, unless the chief executive or the court says otherwise. You cannot appeal a decision to extend a suspension under section 106A(8). The court's decision will be final.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM6241306.


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Part 6Access to fishery
Fishing vessel registration

106BRights of review and appeal relating to suspension of consent to registration of vessel

  1. 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.

  2. 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.

  3. 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.

  4. The District Court may confirm, reverse, or modify the decision appealed against.

  5. 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.

  6. On an appeal under subsection (5), the High Court may confirm, reverse, or modify the decision appealed against.

  7. Appeals under this section must be heard and determined in accordance with any applicable rules of court.

  8. 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.

  9. 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).