Fisheries Act 1996

If you need more information about this Act, please contact the administering agency: Ministry for Primary Industries and Overseas Investment Office
91 Issue of fishing permit

(1)

Subject to subsections (2) to (6) and to sections 93 and 93A, the chief executive must issue to every person who applies for a fishing permit under this Act an appropriate fishing permit in the approved form for a period not exceeding 5 years.

(2)

A fishing permit may, but is not required to, be issued to any person who owes the Crown any levy payable under Part 14.

(3)

A fishing permit authorises the taking of—

(a)

any stocks that are subject to the quota management system; and

(b)

any stocks or species that are neither subject to the quota management system nor listed in Schedule 4C; and

(c)

any stocks or species listed in Schedule 4C that are listed on a fishing permit held by the commercial fisher.

(4)

Despite section 93 but subject to section 306 of the Ngāi Tahu Claims Settlement Act 1998, the chief executive may issue a fishing permit under this section for any beach cast seaweed, except seaweed to which section 89(2)(f) applies.

(5)

Before issuing a fishing permit to an applicant, the chief executive may require the applicant to provide a suitable third party guarantee, or bond, in an amount specified by the chief executive.

(6)

No fishing permit may be issued to any person who—

(a)

is a person who has unpaid deemed value amounts in excess of $1,000 that are overdue, or is a person who is treated by section 79(5) as included with that person; or

(b)

is a person whose fishing permit is suspended under section 79A; or

(c)

the chief executive believes, on reasonable grounds, is a person whose fishing permit, if they had one, would be suspended under section 79A(1).

Compare: 1983 No 14 s 63(2), (4), (6), (8), (9); 1986 No 34 s 13(1)

Section 91(1): substituted, on 1 October 2001, by section 32(1) of the Fisheries Act 1996 Amendment Act 1999 (1999 No 101).

Section 91(3): substituted, on 1 October 2004, by section 36 of the Fisheries Amendment Act (No 3) 2004 (2004 No 76).

Section 91(4): substituted, on 1 October 2001, by section 32(2) of the Fisheries Act 1996 Amendment Act 1999 (1999 No 101).

Section 91(5): substituted, on 1 October 2001, by section 32(2) of the Fisheries Act 1996 Amendment Act 1999 (1999 No 101).

Section 91(6): substituted, on 1 October 2001, by section 17 of the Fisheries Amendment Act 2001 (2001 No 65).