N Z FEDERATION OF COMMERCIAL FISHERMEN INCORPORATED AND ORS V MINISTER OF FISHERIES AND ANOR HC WN CIV-2008-485-2016

N Z FEDERATION OF COMMERCIAL FISHERMEN INCORPORATED AND ORS V MINISTER OF FISHERIES AND ANOR HC WN CIV-2008-485-2016

Joinder refused because the respondents could be expected to robustly defend the Minister (so the court would not be left without adversarial testing), EDS did not participate in the statutory consultation process (a factor weighing heavily against late joinder), joinder would risk delay and prejudice to the urgent timetable and interim relief, and the relief sought would require reconsideration by the Minister so the Court's decision would not be final on underlying scientific issues; therefore EDS's presence is not necessary to adjudicate and settle all questions involved.

Citation
openlaw-334f06a1_10cd_4e6a_98d1_3363fb1939b6.pdf
Parties
First Applicant: NEW ZEALAND FEDERATION OF COMMERCIAL FISHERMEN INCORPORATED; Second Applicant: CHALLENGER FIN FISHERIES MANAGEMENT COMPANY LIMITED; Third Applicant: SOUTH EAST FINFISH MANAGEMENT LIMITED; Fourth Applicant: NORTHERN INSHORE FISHERIES COMPANY LIMITED; First Respondent: MINISTER OF FISHERIES; Second Respondent: CHIEF EXECUTIVE OF MINISTRY OF FISHERIES; Proposed Respondent (sought Joinder): ENVIRONMENTAL DEFENCE SOCIETY INC.
Court
High Court
Jurisdiction
New Zealand
Judgment Date
2 March 2009
Procedural Posture
Judicial Review (fisheries Act Decisions) / Interlocutory Application for Joinder; Reserved Judgment Refusing Joinder
Outcome
Application by Environmental Defence Society Inc. to be joined as a respondent refused
Legal Topics
Joinder, Judicial Review, Best Available Information (s 10), Consultation, Scientific Evidence, Interim Relief
Administrative Law Fisheries Law Environmental Law Civil Procedure Joinder Judicial Review Best Available Information (s 10) Consultation +2 more

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Parties

NEW ZEALAND FEDERATION OF COMMERCIAL FISHERMEN INCORPORATED

First Applicant

CHALLENGER FIN FISHERIES MANAGEMENT COMPANY LIMITED

Second Applicant

SOUTH EAST FINFISH MANAGEMENT LIMITED

Third Applicant

NORTHERN INSHORE FISHERIES COMPANY LIMITED

Fourth Applicant

MINISTER OF FISHERIES

First Respondent

CHIEF EXECUTIVE OF MINISTRY OF FISHERIES

Second Respondent

ENVIRONMENTAL DEFENCE SOCIETY INC.

Proposed Respondent (sought Joinder)

Procedural Posture

Judicial Review (fisheries Act Decisions) / Interlocutory Application for Joinder; Reserved Judgment Refusing Joinder

Legal Issues

  1. 1 Whether Environmental Defence Society should be joined as a respondent
  2. 2 Whether EDS has a sufficient interest to justify joinder
  3. 3 Whether the Court would be assisted by EDS adducing scientific evidence

Ratio Decidendi

Joinder refused because the respondents could be expected to robustly defend the Minister (so the court would not be left without adversarial testing), EDS did not participate in the statutory consultation process (a factor weighing heavily against late joinder), joinder would risk delay and prejudice to the urgent timetable and interim relief, and the relief sought would require reconsideration by the Minister so the Court's decision would not be final on underlying scientific issues; therefore EDS's presence is not necessary to adjudicate and settle all questions involved.

Court Disposition

Application by Environmental Defence Society Inc. to be joined as a respondent refused

Orders

  • Application by Environmental Defence Society Inc. to be joined as a respondent is refused.
  • Costs reserved; preliminary view that applicants and respondents should have costs, applicants on a 2B basis treating EDS application as interlocutory, and respondents to have costs for appearance but not for preparation; parties may file memoranda if unable to agree.