New Zealand Legislation: Acts

19 Matters to be included in notice under section 18

• (1) Any notice given under section 18 of this Act shall—

  • (a) define the quota management area to which the notice relates by reference to an area or areas defined in Schedule 1 to this Act or in any other manner:

  • (b) state the fishing year in respect of the stock, which year shall be a 12-month period commencing on either the 1st day of April or the 1st day of October:

  • (c) state whether, for the stock concerned, the total allowable commercial catch is, and annual catch entitlements are, to be expressed in meatweight or greenweight:

  • (d) make provision for such other matters as may be contemplated by this Act.

  (2) In defining the quota management area, the Minister shall, as far as practicable, maintain the same quota management areas for different species.

  (2A) In the case of a stock or species listed in Schedule 4C, the notice must amend that schedule by removing the stock or species concerned (and may make any amendments consequential on that removal) with effect on and from the date on which the stock becomes subject to the quota management system.

  (3) If the Minister is satisfied that any species in the waters around the Chatham Islands can, for fisheries management purposes, be managed effectively as a unit, a notice under section 18 of this Act may create around the Chatham Islands a separate quota management area for that species.

  (4) Subject to subsections (5), (5A), and (6),—

  • (a) no declaration made under section 18 of this Act shall be revoked; and

  • (b) no species or class of fish, aquatic life, or seaweed that was immediately before the commencement of this Part of this Act, subject to Part 2A of the Fisheries Act 1983, may be removed from the quota management system; and

  • (c) no quota management area shall be altered—

  except by Act of Parliament.

  (5) Subsection (4) of this section does not prevent—

  • (a) the Minister varying, by notice in the Gazette, any date set under section 18 of this Act, if the variation is published before that date; or

  • (b) any alteration under section 25 of this Act; or

  • (c) any amendment to a notice under section 18 of this Act that involves a minor or technical correction only.

  (5A) Without limiting subsection (5)(c), the Minister may amend a declaration under section 18 at any time before the allocation of provisional catch history under section 36, if the declaration was made on the basis of incorrect or misleading information, or as a result of a mistake.

  (6) A provision in a regulation made under this Act, or in a notice given under section 15 or section 16 or a regulation made under section 186(2)(b) of this Act, shall not be construed as altering a quota management area merely because it prohibits, limits, or restricts fishing in the quota management area.

  (7) Before making a declaration under section 18 or amending a declaration under subsection (5A), the Minister must consult the persons or organisations considered by the Minister to be representative of those classes of persons having an interest in the matters referred to in subsection (1).

  (8) [Repealed]

  Compare: 1983 No 14 s 28B(1), (3), (5), (6); 1986 No 34 s 10

  Section 19(2A): inserted, on 1 October 2004, by section 6(1) of the Fisheries Amendment Act (No 3) 2004 (2004 No 76).

  Section 19(3): amended, on 1 May 2001, by section 9(1) of the Fisheries Act 1996 Amendment Act 1999 (1999 No 101).

  Section 19(4): amended, on 1 May 2001, by section 9(2) of the Fisheries Act 1996 Amendment Act 1999 (1999 No 101).

  Section 19(5)(b): amended, on 1 May 2001, by section 9(3) of the Fisheries Act 1996 Amendment Act 1999 (1999 No 101).

  Section 19(5A): inserted, on 1 May 2001, by section 9(4) of the Fisheries Act 1996 Amendment Act 1999 (1999 No 101).

  Section 19(5A): amended, on 27 March 2008, by section 5 of the Fisheries Amendment Act 2008 (2008 No 11).

  Section 19(7): substituted, on 1 May 2001, by section 9(5) of the Fisheries Act 1996 Amendment Act 1999 (1999 No 101).

  Section 19(8): repealed, on 1 October 2004, by section 6(2) of the Fisheries Amendment Act (No 3) 2004 (2004 No 76).