In regulation 6(3), replace “After consulting the applicant, the chief executive may” with “The chief executive may, by written notice to the applicant,”.

(2)

In regulation 6(4), replace “After consulting the holder of a fish receiver’s licence, the chief executive may, by notice in writing to the holder” with “The chief executive may, by written notice to the holder of a fish receiver’s licence”.

5 New regulations 6A and 6B inserted

After regulation 6, insert:

6A Right of review of decision to impose, amend, or revoke conditions

(1)

A holder of a fish receiver’s licence may apply for a review of the chief executive’s decision to impose, amend, or revoke conditions on the licence.

(2)

An application for a review must—

(a)

be in writing; and

(b)

state the grounds on which the applicant believes that the decision was inappropriate; and

(c)

be provided to the chief executive within 30 days after the decision was notified to the applicant.

6B Conduct of review

(1)

If the chief executive receives an application for a review under regulation 6A, they must—

(a)

conduct the review; or

(b)

designate a person who was not involved in making the decision to conduct the review, and ensure that the application is forwarded to that person.

(2)

The chief executive or designated person must conduct the review within—

(a)

60 days; or

(b)

a further extended period of no more than 30 days specified by the chief executive or designated person by notice in writing to the applicant.

(3)

The decision being reviewed remains valid unless and until altered by the chief executive or designated person.

(4)

The chief executive or designated person must, as soon as practicable after completing the review, notify the applicant in writing of—

(a)

the decision on the review; and

(b)

the reasons for the decision.

(5)

A decision by the chief executive or a designated person under this regulation is final, unless determined otherwise by a court of law of competent jurisdiction.

6 Regulation 8 amended (Obligations on licence holders)

After regulation 8(2), insert:

(3)

The holder of a fish receiver’s licence must comply with any conditions imposed on the licence.

7 New regulation 23A inserted (Offence relating to failure to comply with conditions on fish receiver’s licence)

After regulation 23, insert:

23A Offence relating to failure to comply with conditions on fish receiver’s licence

(1)

A person commits an offence if they contravene, or fail to comply with, regulation 8(3).

(2)

A person who commits an offence against subclause (1) is liable on conviction to a fine not exceeding $20,000.

Rachel Hayward,
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 10 April 2025, amend the Fisheries (Licensed Fish Receivers) Regulations 1997.

These regulations replace the requirement for the chief executive to consult the applicant for a fish receiver’s licence with a power for the chief executive to impose, amend, or revoke conditions by written notice to the holder of the licence. They also allow the holder of a fish receiver’s licence to apply for a review of the chief executive’s decision to impose, amend, or revoke conditions on their licence, and insert a new offence of failing to comply with the conditions on a licence. The new offence has a corresponding penalty of a fine not exceeding $20,000.

Regulatory impact statement

The Ministry for Primary Industries produced a regulatory impact statement on 25 May 2023 to help inform the decisions taken by the Government relating to the contents of this instrument.

A copy of this regulatory impact statement can be found at—

Issued under the authority of the Legislation Act 2019.

Date of notification in Gazette: 13 March 2025.

These regulations are administered by the Ministry for Primary Industries.

Fisheries (Licensed Fish Receivers) Amendment Regulations 2025