Fisheries Act 1996

91 Issue of fishing permit

  • (1) Subject to subsections (2) to (6) and to sections 93 and 93A, the chief executive must issue to every person who applies for a fishing permit under this Act an appropriate fishing permit in the approved form for a period not exceeding 5 years.

    (2) A fishing permit may, but is not required to, be issued to any person who owes the Crown any levy payable under Part 14.

    (3) A fishing permit authorises the taking of—

    • (a) any stocks that are subject to the quota management system; and

    • (b) any stocks or species that are neither subject to the quota management system nor listed in Schedule 4C; and

    • (c) any stocks or species listed in Schedule 4C that are listed on a fishing permit held by the commercial fisher.

    (4) Despite section 93 but subject to section 306 of the Ngāi Tahu Claims Settlement Act 1998, the chief executive may issue a fishing permit under this section for any beach cast seaweed, except seaweed to which section 89(2)(f) applies.

    (5) Before issuing a fishing permit to an applicant, the chief executive may require the applicant to provide a suitable third party guarantee, or bond, in an amount specified by the chief executive.

    (6) No fishing permit may be issued to any person who—

    • (a) is a person who has unpaid deemed value amounts in excess of $1,000 that are overdue, or is a person who is treated by section 79(5) as included with that person; or

    • (b) is a person whose fishing permit is suspended under section 79A; or

    • (c) the chief executive believes, on reasonable grounds, is a person whose fishing permit, if they had one, would be suspended under section 79A(1).

    Compare: 1983 No 14 s 63(2), (4), (6), (8), (9); 1986 No 34 s 13(1)

    Section 91(1): substituted, on 1 October 2001, by section 32(1) of the Fisheries Act 1996 Amendment Act 1999 (1999 No 101).

    Section 91(3): substituted, on 1 October 2004, by section 36 of the Fisheries Amendment Act (No 3) 2004 (2004 No 76).

    Section 91(4): substituted, on 1 October 2001, by section 32(2) of the Fisheries Act 1996 Amendment Act 1999 (1999 No 101).

    Section 91(5): substituted, on 1 October 2001, by section 32(2) of the Fisheries Act 1996 Amendment Act 1999 (1999 No 101).

    Section 91(6): substituted, on 1 October 2001, by section 17 of the Fisheries Amendment Act 2001 (2001 No 65).