Subpart 5—Shellfish quota and oyster reserves

99 Consent to excess holding of quota

(1)

The Minister is to be treated as having consented under section 60(1) of the Fisheries Act 1996 or section 28W(3) of the Fisheries Act 1983, as the case may be, to Te Uri o Hau governance entity owning excess shellfish quota.

(2)

If subsection (1) applies, the Minister is to be treated as complying with the requirements of section 60 of the Fisheries Act 1996 or section 28W of the Fisheries Act 1983, as the case may be.

(3)

In this section,—

excess shellfish quota is the following aggregate shellfish quota that exceeds the quota permitted by section 59 of the Fisheries Act 1996 or section 28W of the Fisheries Act 1983, as the case may be:

(a)

shellfish quota purchased by Te Uri o Hau under the deed granting a right of first refusal over shellfish quota that is to be delivered by the Crown to Te Uri o Hau and executed by Te Uri o Hau under clauses 5.8.2 and 5.8.5 of the deed of settlement:

(b)

shellfish quota received by Te Uri o Hau governance entity from the Treaty of Waitangi Fisheries Commission

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

shellfish quota has the same meaning as in the deed granting a right of first refusal over shellfish quota referred to in subsection (3)(a)(i).