New Zealand Legislation: Acts
Acts are laws made by Parliament
(1) In this section, unless the context otherwise requires,—
forfeit property means any—
(a) quota or interest in quota; or
(b) annual catch entitlement or interest in an annual catch entitlement; or
(c) provisional catch history or interest in provisional catch history—
forfeit to the Crown under section 58 or section 58A 61 of this Act
interest means—
(a) any interest that was recorded on any register kept under this Act at the time the forfeiture occurred:
(b) any other legal or equitable interest in that forfeit property that existed at the time the forfeiture occurred.
(2) The chief executive shall, within 10 working days after the date of any forfeiture under section 58 or section 58A or 61 of this Act, publicly notify the details of the forfeit property and the right of any person to apply under this section.
(3) Any person claiming an interest in any forfeit property may, within 35 working days after the date on which the forfeiture occurred or within such further period before the property has been disposed of as the Court may allow, apply to the Court for relief from the effect of forfeiture on that interest.
(4) Every application under subsection (3) of this section shall contain sufficient information to identify the interest and the property in which it is claimed, and shall include—
(a) a full description of the forfeit property in which the interest is claimed; and
(b) full details of the interest or interests claimed, including,—
(i) whether the interest is legal or equitable; and
(ii) whether the interest is by way of security or otherwise; and
(iii) if the interest is by way of security, details of the security arrangement and any other property included in that arrangement; and
(iv) whether the interest is noted on any register maintained pursuant to statute; and
(v) any other interests in the property known to the applicant; and
(c) a statement as to whether the applicant is an associated person of the person who breached the provisions of section 59 of this Act or any consent given under section 60 of this Act and owned the forfeit property that is the subject of the application; and
(d) the applicant's estimate of both the value of the forfeit property and the value of the claimed interest.
(5) The Court shall hear all applications in respect of the same property together, unless it considers that it would not be in the interests of justice to do so.
(6) The Court shall, in respect of every application made under subsection (3) of this section,—
(a) determine the value of the forfeit property, which value shall be the amount the property would realise if sold at public auction in New Zealand; and
(b) determine the nature, extent, and, if possible, value of any applicant's interest in the property; and
(c) determine whether, in the case of quota that was owned by an associated person before being forfeit under section 61 of this Act, the interest of the associated person was created solely or principally for the purpose of avoiding or defeating the consequences of the application of this Act in respect of forfeiture; and
(d) determine the cost to the Ministry of the holding, and the anticipated cost of disposal, of the forfeit property, including the Court proceedings in respect of that holding and disposal.
(7) Having determined the matters specified in subsection (6) of this section, the Court may, after having regard to—
(a) the purpose of this Act (including the purpose of the overseas investment fishing provisions stated in section 56 or the purpose of section 59 of this Act, as the case may be); and
(b) the social and economic effects on the person who owned the property or quota, and on persons employed by that person, of non-release of the property or quota; and
(c) the economic benefits that accrued or might have accrued to the owners of the property or quota through the commission of the offence; and
(d) the cost to the Ministry of the holding, and the anticipated cost of disposal, of the forfeit property, including the Court proceedings in respect of that holding and disposal,—
make an order or orders providing relief (either in whole or in part) from the effect of forfeiture on any of the interests determined under subsection (6) of this section.
(8) No order shall be made under subsection (7) of this section unless—
(a) it is necessary to avoid manifest injustice; and
(b) the Court is satisfied that, in the case of an order made in respect of an application made by an associated person relating to forfeit quota, the interest was not created solely or principally for the purpose of avoiding or defeating the consequences of the application of this Act in respect of forfeiture.
(9) [Repealed]
(10) [Repealed]
(11) Without limiting subsection (7) of this section, any order under that subsection may include one or more of the following orders:
(a) for the retention of the forfeit property by the Crown:
(b) for the return of some or all of the forfeit property to the owner at the time of forfeiture, with or without the prior payment to the Crown of a sum of money:
(c) for the sale of some or all of the forfeit property, with directions as to the manner of sale and dispersal of proceeds:
(d) for the delivery of some or all of the forfeit property to a person with an interest in the property, with or without directions as to payment of a sum of money to specified persons (including the Crown) prior to such delivery:
(e) for the reinstatement (notwithstanding the forfeiture) of any interest that was forfeit or cancelled as a result of a forfeiture.
(12) This section does not require the Crown to pay, or secure the payment of, any sum of money to any person claiming an interest in forfeit property, other than the net proceeds of sale of forfeit property under a court order made under subsection (7) of this section.
(13) For the purpose of assisting the Court in determining any application for relief, the chief executive and any employee or agent of the Ministry is entitled to appear before the Court and be heard.
(14) Any forfeiture under section 58 or section 58A or 61 of this Act, and any payment of a sum of money or delivery of property under subsection (7) of this section, to persons claiming an interest, shall be in addition to, and not in substitution for, any other penalty that may be imposed by the Court or by this Act (but see section 42(3) for the Overseas Investment Act 2005 in relation to penalties imposed under that section).
(15) In this section, associated person, in relation to a particular person, means a person who is included with the person by virtue of any paragraph of section 59(10) (as subject to section 59(11)).
Compare: 1983 No 14 s 107C; 1990 No 29 s 52(1)
Section 62(1) forfeit property: amended, on 25 August 2005, by section 75 of the Overseas Investment Act 2005 (2005 No 82).
Section 62(2): amended, on 25 August 2005, by section 75 of the Overseas Investment Act 2005 (2005 No 82).
Section 62(3): amended, on 1 October 1999, by section 21(a) of the Fisheries Act 1996 Amendment Act 1999 (1999 No 101).
Section 62(4)(c): amended, on 1 October 2001, by section 12 of the Fisheries Amendment Act 2001 (2001 No 65).
Section 62(7): amended, on 1 October 1999, by section 21(b) of the Fisheries Act 1996 Amendment Act 1999 (1999 No 101).
Section 62(7)(a): amended, on 25 August 2005, by section 75 of the Overseas Investment Act 2005 (2005 No 82).
Section 62(9): repealed, on 1 October 1999, by section 21(c) of the Fisheries Act 1996 Amendment Act 1999 (1999 No 101).
Section 62(10): repealed, on 1 October 1999, by section 21(c) of the Fisheries Act 1996 Amendment Act 1999 (1999 No 101).
Section 62(14): amended, on 25 August 2005, by section 75 of the Overseas Investment Act 2005 (2005 No 82).
Section 62(15): added, on 1 October 2001, by section 12(2) of the Fisheries Amendment Act 2001 (2001 No 65).