Fisheries (Quota Operations Validation) Act 1997

Reprint
as at 25 August 1997

Crest

Fisheries (Quota Operations Validation) Act 1997

Public Act1997 No 31
Date of assent14 July 1997
Commencement14 July 1997

Note

Changes authorised by section 17C of the Acts and Regulations Publication Act 1989 have been made in this reprint.

A general outline of these changes is set out in the notes at the end of this reprint, together with other explanatory material about this reprint.

This Act is administered by the Ministry of Fisheries.


An Act to confirm and validate certain matters in relation to the quota management system

1 Short Title
  • This Act may be cited as the Fisheries (Quota Operations Validation) Act 1997, and is part of the Fisheries Act 1983 (the Act).

2 Purpose
  • The purpose of this Act is to confirm and validate—

    • (a) the manner in which, in relation to the matters referred to in sections 4 to 6 of this Act,—

      • (i) matters have been recorded in the quota registers kept under the Fisheries Act 1983; and

      • (ii) landed catch has been allocated against quota or established underfishing entitlements or overfishing rights; and

    • (b) any advice given on quota balances to fishers and others, and any other advice given and actions taken (including the assessment and collection of deemed value amounts), in reliance on the matters recorded in quota registers and on the manner in which landed catch has been allocated against quota or established underfishing entitlements or overfishing rights.

3 Interpretation
  • (1) In this Act, unless the context otherwise requires,—

    appointed date means either—

    • (a) 31 December 1997; or

    • (b) such earlier date as may be appointed under subsection (3)

    Regulations means the Fisheries (Catch Against Quota) Regulations 1993.

    (2) The terms core catch rights, deemed value, established underfishing entitlement, landed catch, overfishing right, quota, quota register, and underfishing right have the same meanings as in the Regulations.

    (3) The Governor-General may by Order in Council declare an appointed date earlier than 31 December 1997 for the purposes of sections 5 and 6.

    Section 3(3): appointed date fixed as 31 August 1997, on 25 August 1997, by the Fisheries (Quota Operations Validation Appointed Date) Order 1997 (SR 1997/172).

4 Overfishing and underfishing rights and entitlements
  • (1) For the avoidance of doubt, section 28V of the Fisheries Act 1983 is to be treated for all purposes of that Act, and of the Fisheries Act 1996, as authorising, and having since 1 August 1986 authorised,—

    • (a) the utilisation by an owner (but not lessee) of quota of an established underfishing entitlement arising from the preceding year’s underfishing of that quota, to the extent permitted by section 28V(6) and (8) or by the Regulations, notwithstanding that the quota may have been owned by another person during that preceding year; and

    • (b) in relation to any established underfishing entitlement, the allocation during a fishing year of any landed catch against that entitlement before catch is allocated or fully allocated against the core catch rights of the quota to which the entitlement relates; and

    • (c) the transfer (otherwise than by way of lease or sublease) of an established underfishing entitlement along with the quota to which it relates, to the extent that landed catch has not already been allocated against that entitlement under the Act or the Regulations; and

    • (d) the treating of any overfishing right as arising other than at the end of a fishing year; and

    • (e) the transfer (otherwise than by way of lease or sublease) of any overfishing right along with the quota to which it relates; and

    • (f) the allocation of landed catch against quota and established underfishing entitlements and overfishing rights, and the assessment of deemed values, under the Act and the Regulations accordingly.

    (2) In the case of a lease of quota that was registered before 1 April 1990, section 28V of the Fisheries Act 1983 is to be treated for all purposes of that Act, and of the Fisheries Act 1996, as authorising, and having since 1 August 1986 authorised,—

    • (a) the utilisation by the lessee of an established underfishing entitlement arising from the preceding year’s underfishing of that quota, to the extent permitted by section 22 of the Fisheries Amendment Act 1990 and section 28V of the Act as formerly in force, notwithstanding that the quota may have been owned or leased or subleased by another person during that preceding year; and

    • (b) the transfer by the lessee of any overfishing right or established underfishing entitlement (to the extent that landed catch has not already been allocated against that entitlement under the Act or the Regulations) along with the transfer or granting of an interest in the lease; and

    • (c) the allocation of landed catch against quota and established underfishing entitlements and overfishing rights, and the assessment of deemed values, under the Act and the Regulations accordingly.

    (3) Nothing in subsection (1) of this section or section 28V of the Act authorises, or is deemed ever to have authorised, a quota owner to utilise an established underfishing entitlement or overfishing right in any fishing year in respect of quota acquired by the owner during that year if a prior owner of the quota has leased out all that prior owner’s quota at any time during that year.

    (4) Amendment(s) incorporated in the Act(s).

5 Lessee acquiring ownership of quota, etc
  • (1) If during the term of a registered lease of quota the lessee acquires ownership of the quota, then, notwithstanding that the rights and obligations under the lease may have ceased to exist by virtue of the subsequent ownership of the quota by the lessee,—

    • (a) the quota is nevertheless deemed for the purposes of the Act to have always been and to be still subject to that lease until the earlier of—

      • (i) the expiry of the term of the lease; and

      • (ii) the close of the appointed date; and

    • (b) the lease is accordingly deemed to be and to have always been validly recorded against the quota in the quota register until the relevant date determined under paragraph (a); and

    • (c) the allocation of landed catch against the quota or established underfishing entitlements or overfishing rights, and the assessment of deemed values, are to be determined under the Act and the Regulations accordingly.

    (2) Similarly, where the status, rights, or obligations of any party to a registered lease or sublease of quota changes by virtue of a novation or the acquisition of any different interest within the chain of interests in the quota,—

    • (a) the quota is nevertheless deemed for the purposes of the Act to have always been and to be still subject to the relevant lease or sublease, notwithstanding that the rights or obligations under the lease or sublease may have changed or ceased to exist by virtue of the novation or the acquisition of the different interest, until the earlier of—

      • (i) the expiry of the term of the relevant lease or sublease; and

      • (ii) the close of the appointed date; and

    • (b) the lease or sublease is accordingly deemed to be and to have always been validly recorded against the quota in the quota register until the relevant date determined under paragraph (a); and

    • (c) the allocation of landed catch against the quota or established underfishing entitlements or overfishing rights, and the assessment of deemed values, are to be determined under the Act and the Regulations accordingly.

    (3) This section applies throughout the period from 1 August 1986 to the appointed date (both dates inclusive) to any lease or sublease registered on the quota register at any time during that period.

    (4) Subsections (1) and (2) also apply on and after the appointed date in respect of any quota and any lease or sublease (whenever registered) for so long as the quota or lease or sublease is held by the Crown as forfeit quota under section 107B of the Act, but as if subsections (1)(a)(ii) and (2)(a)(ii) were omitted.

6 Retrospective treatment of variation of leases, etc
  • (1) Where a variation to a lease or other transaction recorded in the quota register has been notified to the Ministry and registered, the treatment of the lease or transaction as if the variation had been part of the original lease or transaction is deemed to be and to have always been valid for all purposes of the Act, and—

    • (a) the lease or other transaction as varied is deemed to have been always validly recorded in the quota register; and

    • (b) the allocation of landed catch against quota or established underfishing entitlements or overfishing rights, and the assessment of deemed values, are to be determined under the Act and the Regulations accordingly.

    (2) This section applies to all variations notified at any time during the period from 1 August 1986 to the appointed date (both dates inclusive).

7 Advice given and other actions taken in reliance on matters specified in sections 4 to 6
  • All advice given on quota balances to fishers and others, and any other advice given and actions taken (including the assessment and collection of deemed value amounts), in reliance on the matters confirmed and validated by sections 4 to 6, are for all purposes deemed to the extent of that reliance to have been validly given and taken.

8 Proceedings commenced on or after 22 April 1997
  • This Act has effect for the purpose of determining any proceedings commenced on or after 22 April 1997, whether or not completed before the date on which this Act receives the Royal assent.

9 Regulations may be made in relation to resolution with fishing industry of issues relating to matters dealt with in this Act
  • (1) The Governor-General may from time to time, on the recommendation of the Minister made after consultation with such persons or organisations as the Minister considers are representative of the commercial fishing industry and after having regard to the interests of affected persons who by reason of having left the industry are no longer represented by such persons or organisations, by Order in Council make regulations setting rules or providing a framework for the manner in which any issues relating to or arising directly or indirectly from the matters dealt with in this Act may be addressed having regard to the interests of persons affected and of the fishing industry generally.

    (2) Any such regulations may set rules for the application of any money that may be set aside by the Crown for the purpose of addressing issues relating to or arising directly or indirectly from the matters dealt with in this Act, including—

    • (a) rules that prescribe circumstances in which payments may be made to persons or classes of persons (including persons who have left the commercial fishing industry) in respect of any matter dealt with in this Act, and the amount or maximum amount or method of assessment of any such payments:

    • (b) rules as to the application of the money towards the development or implementation of any measures relating to or arising directly or indirectly from the matters dealt with in this Act that are agreed between the Minister and such persons or organisations as the Minister considers are representative of the commercial fishing industry:

    • (c) rules that specify the proportion or maximum proportion of the money to be allocated in respect of the resolution of issues or of a particular issue relating to any particular type or class of affected person or measure.


Contents

  • 1General

  • 2Status of reprints

  • 3How reprints are prepared

  • 4Changes made under section 17C of the Acts and Regulations Publication Act 1989

  • 5List of amendments incorporated in this reprint (most recent first)


Notes
1 General
  • This is a reprint of the Fisheries (Quota Operations Validation) Act 1997. The reprint incorporates all the amendments to the Act as at 25 August 1997, as specified in the list of amendments at the end of these notes.

    Relevant provisions of any amending enactments that contain transitional, savings, or application provisions that cannot be compiled in the reprint are also included, after the principal enactment, in chronological order. For more information, see http://www.pco.parliament.govt.nz/reprints/ .

2 Status of reprints
  • Under section 16D of the Acts and Regulations Publication Act 1989, reprints are presumed to correctly state, as at the date of the reprint, the law enacted by the principal enactment and by the amendments to that enactment. This presumption applies even though editorial changes authorised by section 17C of the Acts and Regulations Publication Act 1989 have been made in the reprint.

    This presumption may be rebutted by producing the official volumes of statutes or statutory regulations in which the principal enactment and its amendments are contained.

3 How reprints are prepared
  • A number of editorial conventions are followed in the preparation of reprints. For example, the enacting words are not included in Acts, and provisions that are repealed or revoked are omitted. For a detailed list of the editorial conventions, see http://www.pco.parliament.govt.nz/editorial-conventions/ or Part 8 of the Tables of New Zealand Acts and Ordinances and Statutory Regulations and Deemed Regulations in Force.

4 Changes made under section 17C of the Acts and Regulations Publication Act 1989
  • Section 17C of the Acts and Regulations Publication Act 1989 authorises the making of editorial changes in a reprint as set out in sections 17D and 17E of that Act so that, to the extent permitted, the format and style of the reprinted enactment is consistent with current legislative drafting practice. Changes that would alter the effect of the legislation are not permitted.

    A new format of legislation was introduced on 1 January 2000. Changes to legislative drafting style have also been made since 1997, and are ongoing. To the extent permitted by section 17C of the Acts and Regulations Publication Act 1989, all legislation reprinted after 1 January 2000 is in the new format for legislation and reflects current drafting practice at the time of the reprint.

    In outline, the editorial changes made in reprints under the authority of section 17C of the Acts and Regulations Publication Act 1989 are set out below, and they have been applied, where relevant, in the preparation of this reprint:

    • omission of unnecessary referential words (such as of this section and of this Act)

    • typeface and type size (Times Roman, generally in 11.5 point)

    • layout of provisions, including:

      • indentation

      • position of section headings (eg, the number and heading now appear above the section)

    • format of definitions (eg, the defined term now appears in bold type, without quotation marks)

    • format of dates (eg, a date formerly expressed as the 1st day of January 1999 is now expressed as 1 January 1999)

    • position of the date of assent (it now appears on the front page of each Act)

    • punctuation (eg, colons are not used after definitions)

    • Parts numbered with roman numerals are replaced with arabic numerals, and all cross-references are changed accordingly

    • case and appearance of letters and words, including:

      • format of headings (eg, headings where each word formerly appeared with an initial capital letter followed by small capital letters are amended so that the heading appears in bold, with only the first word (and any proper nouns) appearing with an initial capital letter)

      • small capital letters in section and subsection references are now capital letters

    • schedules are renumbered (eg, Schedule 1 replaces First Schedule), and all cross-references are changed accordingly

    • running heads (the information that appears at the top of each page)

    • format of two-column schedules of consequential amendments, and schedules of repeals (eg, they are rearranged into alphabetical order, rather than chronological).

5 List of amendments incorporated in this reprint (most recent first)