Fisheries (Deemed Value and Notification of Balances) Regulations 2001

Reprint
as at 21 September 2001

Crest

Fisheries (Deemed Value and Notification of Balances) Regulations 2001

(SR 2001/259)

Silvia Cartwright, Governor-General

Order in Council

At Wellington this 17th day of September 2001

Present:
Her Excellency the Governor-General in Council


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.

These regulations are administered by the Ministry of Fisheries.


Pursuant to section 297 of the Fisheries Act 1996, Her Excellency the Governor-General, acting on the advice and with the consent of the Executive Council, makes the following regulations.

Regulations

1 Title
  • These regulations are the Fisheries (Deemed Value and Notification of Balances) Regulations 2001.

2 Commencement
  • These regulations come into force on 1 October 2001.

3 Interpretation
  • In these regulations, unless the context otherwise requires,—

    Act means the Fisheries Act 1996

    commercial fisher has the same meaning as in section 76(1) of the Act

    liability, in relation to a person's liability to pay a deemed value amount, includes the situation where the fisher is in credit in relation to deemed value amounts, or is in balance (with no liability and no credit)

    reported catch, in relation to a commercial fisher, means—

    • (b) in any case where there is a conviction under section 230 or section 231 of the Act, or any regulations made under the Act, relating to a failure to furnish returns or the furnishing of false or misleading returns, the catch as assessed by the chief executive for the relevant period.

4 Chief executive to give commercial fishers monthly notice of their reported catch
  • (1) As soon as practicable after the 15th day of each month, the chief executive must, for each stock for which a commercial fisher owns an annual catch entitlement or has reported catch during the current fishing year, notify the commercial fisher in writing of the following matters:

    • (a) the reported catch recorded by the chief executive against the commercial fisher for the stock for the previous month:

    • (b) any amended reported catch recorded by the chief executive for any earlier month in the same fishing year (if applicable):

    • (c) the total reported catch recorded by the chief executive against the commercial fisher for the stock for the current fishing year to the end of the previous month.

    (2) References in subclause (1) to the current fishing year and the same fishing year are to the fishing year in which the month specified in subclause (1)(a) falls.

5 Monthly balancing of catch against annual catch entitlement
  • (1) For the purpose of determining a commercial fisher's liability or otherwise for interim deemed value amounts for any fishing year, the chief executive must calculate on a monthly basis whether the commercial fisher's annual catch entitlement for a stock exceeds the commercial fisher's reported catch for that stock in accordance with the following formula:

    a – b = c

    where—

    a
    is the annual catch entitlement owned by the commercial fisher at the close of the 15th day of the month following the month in respect of which the calculation is made
    b
    is the commercial fisher's reported catch for the stock for the fishing year up to the end of the month in respect of which the calculation is made
    c
    is the difference between the commercial fisher's annual catch entitlement for the stock and the commercial fisher's reported catch for the stock.

    (2) This regulation does not require a calculation for the last month of a fishing year, when an annual balancing and calculation of annual deemed value liability is required under regulations 7 and 8.

6 Monthly calculation of interim deemed value liability
  • (1) If, under the calculation under regulation 5(1), the commercial fisher's annual catch entitlement for the stock exceeds or is equal to the commercial fisher's reported catch for the fishing year to the end of the month,—

    • (a) the commercial fisher is not liable for any interim deemed value amount; and

    • (b) any interim deemed value liability previously demanded from the commercial fisher for the stock for the fishing year must be remitted to the commercial fisher (if not earlier remitted).

    (2) If, under the calculation under regulation 5(1), the commercial fisher's reported catch for the stock for the fishing year to the end of the month exceeds the commercial fisher's annual catch entitlement for the stock, the chief executive must calculate the amount of interim deemed value to be demanded from or remitted to the commercial fisher to obtain the result given by the following formula:

    (c × d) – e = f

    where—

    c
    is the amount by which the commercial fisher's reported catch exceeds the commercial fisher's annual catch entitlement (as determined under regulation 5(1))
    d
    is the interim deemed value rate set for the stock by notice in the Gazette made under section 75 of the Act
    e
    is the amount of interim deemed value already demanded from the commercial fisher for the stock for the fishing year, and not earlier remitted
    f
    is the amount of interim deemed value that is to be demanded from (if f is positive) or remitted to (if f is negative) the commercial fisher in respect of the stock.
7 Annual balancing of catch against annual catch entitlement
  • For the purposes of determining a commercial fisher's liability or otherwise for an annual deemed value amount for any fishing year, the chief executive must calculate whether the commercial fisher's annual catch entitlement for a stock exceeds the commercial fisher's reported catch for that stock in accordance with the following formula:

    g – h = i

    where—

    g
    is the annual catch entitlement owned by the commercial fisher for that stock and that fishing year as at the close of the 15th day following the end of the fishing year
    h
    is the commercial fisher's reported catch for the stock for the fishing year
    i
    is the difference between the commercial fisher's annual catch entitlement for the stock and the commercial fisher's reported catch for the stock.
8 Calculation of annual deemed value liability
  • (1) If under the calculation under regulation 7 the commercial fisher's annual catch entitlement for the stock exceeds or is equal to the commercial fisher's reported catch for the fishing year,—

    • (a) the commercial fisher is not liable for any annual deemed value amount; and

    • (b) any interim deemed value liability previously demanded from the commercial fisher for the stock for the fishing year must be remitted to the commercial fisher (if not earlier remitted).

    (2) If under the calculation under regulation 7 the commercial fisher's reported catch for the stock for the fishing year exceeds the commercial fisher's annual catch entitlement for the stock, the chief executive must calculate the amount of annual deemed value to be demanded from or remitted to the commercial fisher to obtain the result given by the following formula:

    (i × j) – k = m

    where, subject to subclause (4),—

    i
    is the amount by which the commercial fisher's reported catch for the fishing year exceeds the commercial fisher's annual catch entitlement (as determined under regulation 7)
    j
    is the annual deemed value rate set for the stock by notice in the Gazette made under section 75 of the Act
    k
    is the amount of interim deemed value already demanded from the commercial fisher for the stock for the fishing year, and not earlier remitted
    m
    is the amount of annual deemed value—
    • (a) to be demanded from the commercial fisher in respect of the stock, if m is positive; or

    • (b) to be remitted to the commercial fisher in respect of previous interim deemed value amounts demanded, if m is negative.

    (4) If the stock concerned is one for which the Minister, under section 75(4) of the Act, has set different deemed value rates for different levels of catch in excess of annual catch entitlement, the amount represented by the expression (i × j) is to be determined by—

    • (a) multiplying the amount of catch in excess in each relevant band by the appropriate deemed value rate; and

    • (b) adding the results together.

9 Adjustment where reported catch or annual catch entitlement amended or corrected
  • (1) Subclause (2) applies where—

    • (a) the chief executive determines that a commercial fisher's reported catch or annual catch entitlement for any stock for a previous fishing year has changed; and

    • (b) the commercial fisher's liability (if any) for any annual deemed value amount for that fishing year has already been determined under regulation 8.

    (2) In such a case, the chief executive may recalculate the commercial fisher's liability or otherwise for an annual deemed value amount under regulation 8, and—

    • (a) if the recalculated liability exceeds that previously calculated, the chief executive must demand the difference from the commercial fisher:

    • (b) if the recalculated liability is less than that previously calculated, the difference must be remitted to the commercial fisher.

    (3) If the chief executive determines that a commercial fisher's reported catch for any stock has changed for a previous fishing year, the chief executive may issue a revised notification under section 80 of the Act. The notification must include—

    • (a) the amended reported catch for any month affected by the change; and

    • (b) the amended total reported catch for the fishing year.

10 Revocations
  • (1) The following regulations are revoked:

    • (a) the Fisheries (Catch Against Quota) Regulations 1993 (SR 1993/28):

    • (b) the Fisheries (Form of Transfer or Lease of Quota) Regulations 1997 (SR 1997/173).

    (2) The regulations revoked by subclause (1)(a) continue to have effect on and after 1 October 2001 to the extent specified in sections 344(2) and 351 of the Act.

    (3) The regulations revoked by subclause (1)(b) continue to have effect in respect of leases of quota for the purposes of any of sections 28ZF, 28ZG, and 105A(2) of the Fisheries Act 1983, to the extent that they are expressed to take effect in the fishing year ending 30 September 2001.

Martin Bell,
Acting for Clerk of the Executive Council.


Explanatory note

This note is not part of the regulations, but is intended to indicate their general effect.

These regulations, which come into force on 1 October 2001, provide for—

  • monthly notification to commercial fishers of their reported catch:

  • a monthly balancing of reported catch against annual catch entitlement, with calculation of a fisher's interim deemed value liability where catch exceeds entitlement:

  • an annual balancing of catch against quota at the end of each fishing year, with calculation of a fisher's final liability to pay deemed value amounts where reported catch exceeds annual catch entitlement.


Issued under the authority of the Acts and Regulations Publication Act 1989.

Date of notification in Gazette: 20 September 2001.


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 (Deemed Value and Notification of Balances) Regulations 2001. The reprint incorporates all the amendments to the regulations as at 21 September 2001, as specified in the list of amendments at the end of these notes.

    Relevant provisions of any amending enactments that have yet to come into force or that contain relevant transitional or savings provisions are also included, after the principal enactment, in chronological order.

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)