Living Marine Resources Management Act 1995

In this section – approved user, of a licence, means a person who is allowed to use the licence pursuant to an approval under section 87.

The Secretary may, by notice in writing, cancel a licence, or suspend it for a period of up to 5 years, if – the licence holder, or a supervisor or an approved user, of the licence is convicted of an offence, against this Act, another Act or a corresponding law, being an offence of a kind that is – relevant to the holding, supervision or use of the licence; and of such character as to merit the cancellation or suspension of the licence; or the holder, or a supervisor or approved user, of the licence is convicted of an offence, against a corresponding law or a law of New Zealand, that is the equivalent of an offence under this Act; or the holder, or a supervisor or approved user, of the licence contravenes a condition of the licence; or the holder, or a supervisor or approved user, of the licence contravenes a provision of this Act relating to the keeping or supply of any records, accounts or other information; or a fee or charge or other money payable in respect of the licence is not paid by the due date.

The authority conferred by a licence is of no effect while it is suspended.

The Secretary may not cancel or suspend a licence under subsection (2) unless the Secretary has – at least 14 days before the cancellation or suspension, issued a notice to the holder of the licence – advising that the Secretary intends to cancel or suspend the licence; and specifying the grounds on which the Secretary intends to cancel or suspend the licence; and inviting the person to provide to the Secretary within 14 days after receiving the notice, written reasons as to why the licence ought not to be cancelled or suspended; and considered any written reasons provided to the Secretary under subsection (5).

The holder of a licence to whom a notice has been issued under subsection (4)(a) may provide to the Secretary, within 14 days after receiving the notice, written reasons as to why the licence should not be cancelled or suspended as proposed in the notice.

The cancellation or suspension of a licence under this section takes effect as soon as the licence holder has been given notification of the cancellation or suspension under subsection (2).