“(1) This section applies where, following the calculation referred to in section 76(1A),—
“(b) that excess is equal to or greater than the over-fishing threshold for the stock, and, where a tolerance level applies to the stock, is greater than that tolerance level.
“(2) In such a case the current fishing permit of the commercial fisher and of any person included with the commercial fisher under subsection (10), and also any permit subsequently issued to the commercial fisher or included person, are each to be treated as containing a condition prohibiting the taking of any fish, aquatic life, or seaweed in the geographic area that is the quota management area for the stock concerned.
“(3) The condition takes effect as from the close of the month in which the calculation referred to in section 76(1A) is done.
“(4) The chief executive must—
“(5) A commercial fisher who has requested a review under section 80(2) or lodged an appeal under section 80(6) may, pending determination of the review or appeal, apply to a District Court for an order removing or amending a condition imposed under this section, and the Court may make such an order subject to such sureties and conditions as the Court may specify.
“(6) Despite subsection (2), the chief executive may—
“(7) Conditions imposed under subsection (6) may relate to stocks, area, quantities, methods, the use or non-use of vessels, the specific vessel or types of vessels that may be used, and types and amounts of fishing gear, or otherwise.
“(8) No person may take any fish, aquatic life, or seaweed in contravention of a condition imposed by subsection (2) unless—
“(9) Conditions imposed by subsection (2) or under subsection (6) cease to apply—
“(10) If a person takes any fish, aquatic life, or seaweed in contravention of any conditions imposed by subsection (2) or under subsection (6), the person commits an offence and is liable to the penalty set out in section 252(3).
“(11) For the purposes of subsection (2), a person or entity is to be treated as a person included with the commercial fisher if the person or entity is—
“(c) a partnership or unincorporated joint venture that would be a subsidiary of the commercial fisher, or of which the commercial fisher would be a subsidiary, if the partnership or joint venture were incorporated as a company with shareholdings corresponding to the interests, including returns, of the partners in the partnership or participants in the joint venture.
“(12) Despite subsection (11)—
“(c) No bank registered under the Reserve Bank of New Zealand Act 1989 is to be regarded as being included with any other person merely because the bank has, in the ordinary course of its business as a financier, been granted any interest in quota owned by that person.