New Zealand Legislation: Acts

75 Allocation to fishing vessel operators

• (1) The Minister must exercise his or her powers under this subpart to ensure that an allocation plan that provides for the matters in this section and section 78(2) is in force for the period from 1 January 2011 to 31 December 2013.

  (2) The matters that an allocation plan must provide for are—

  • (a) an allocation of New Zealand units free of charge to persons who—

    • (i) are or were fishing vessel operators in any year or years specified in the allocation plan; and

    • (ii) meet any tests or thresholds that are specified in the allocation plan; and

  • (b) a total number of New Zealand units available for allocation under the allocation plan calculated in accordance with the following formula:

    A = 0.5 × B × 3

    where—

    A

    is the total number of New Zealand units available for allocation under the allocation plan

    B

    is the total number of tonnes of emissions that the Minister is satisfied resulted in 2005 from the consumption of obligation fuel by fishing vessels—

    • (a) required to be registered under section 103 of the Fisheries Act 1996; and

    • (b) registered under that section in 2005.

  (3) For the purposes of this section,—

  fishing vessel has the same meaning as in section 2(1) of the Fisheries Act 1996

  fishing vessel operator means the operator of a fishing vessel that is required to be registered under section 103 of the Fisheries Act 1996

  operator, in relation to a fishing vessel, means the person who, by virtue of ownership, a lease, a sublease, a charter, a subcharter, or otherwise, for the time being has lawful possession and control of the fishing vessel.

  Section 75: added, on 26 September 2008, by section 50 of the Climate Change Response (Emissions Trading) Amendment Act 2008 (2008 No 85).