78 Power to revoke and replace determinations

(1)

Despite anything in section 77(7) or (8), the Minister may (but is not required to) reconsider, revoke, and replace a determination made under section 77(7) with a new determination if—

(a)

the allocation plan under which the determination was made is amended; or

(b)

in the Minister’s opinion, the determination has resulted, or would otherwise result, in a person receiving an incorrect allocation because—

(i)

of an error in the application of the criteria specified in the applicable allocation plan; or

(ii)

a person has provided altered, false, incomplete, or misleading information in response to a notice given under section 77(1) or (6) or 86E.

(2)

Before revoking and replacing a determination that would affect the number of units allocated to a person, the Minister must—

(a)

make a preliminary determination of the matters specified in section 77(5); and

(b)

give notice to the person of—

(i)

the ground specified in subsection (1) and any information that led the Minister to reconsider the person’s allocation under the relevant allocation plan; and

(ii)

the Minister’s preliminary determination made under paragraph (a); and

(c)

follow the procedure in section 77(6) to (8), which apply, with any necessary modifications, to the new determination.

(3)

The Minister may not revoke or replace a determination under this section after the expiry of 4 years from the date of notification of the Minister’s first determination under section 77(7) if the new determination would decrease the number of units allocated to a person.

(4)

Despite subsection (3), if the Minister is satisfied that an application for an allocation under an allocation plan, or any other document submitted in respect of the application, was submitted with the intention to deceive, then the Minister may revoke and replace any determination that resulted from the application at any time so as to decrease the number of units allocated to the applicant (including decreasing that number to zero).

(5)

Subsections (6) and (7) apply if—

(a)

the Minister has made a determination under section 77 that Te Ohu Kai Moana Trustee Limited is entitled to receive New Zealand units under a fishing allocation plan; and

(b)

New Zealand units have been transferred to Te Ohu Kai Moana Trustee Limited under the determination in respect of unallocated quota; and

(c)

Te Ohu Kai Moana Trustee Limited has allocated and transferred unallocated quota together with New Zealand units associated with that quota to any iwi or mandated iwi organisation in accordance with section 138A(2) of the Maori Fisheries Act 2004; and

(d)

the Minister reconsiders the determination.

(6)

In reconsidering the determination of Te Ohu Kai Moana Trustee Limited’s entitlement, the Minister must treat an iwi or a mandated iwi organisation which has received unallocated quota from Te Ohu Kai Moana Trustee Limited as if it owned that quota on 24 September 2009.

(7)

If the Minister decides that the determination of Te Ohu Kai Moana Trustee Limited’s entitlement to New Zealand units should be revoked, the Minister must make a new determination of—

(a)

Te Ohu Kai Moana Trustee Limited’s entitlement to be allocated New Zealand units under the fishing allocation plan as if the unallocated quota that Te Ohu Kai Moana Trustee Limited owns on the date of the new determination were all the unallocated quota it owned on 24 September 2009; and

(b)

the entitlement of an iwi or a mandated iwi organisation that has received unallocated quota to be allocated New Zealand units under the fishing allocation plan as if that iwi or mandated iwi organisation owned the unallocated quota it received on 24 September 2009.

(8)

In subsections (5) to (7) and section 79(4),—

iwi has the same meaning as in section 5 of the Maori Fisheries Act 2004

mandated iwi organisation has the same meaning as in section 5 of the Maori Fisheries Act 2004

unallocated quota means quota held by Te Ohu Kai Moana Trustee Limited on 24 September 2009 and that had not been allocated under section 130(1), 135, or 151 of the Maori Fisheries Act 2004 at that date.

Section 78: substituted, on 8 December 2009, by section 32 of the Climate Change Response (Moderated Emissions Trading) Amendment Act 2009 (2009 No 57).