SHARK EXPERIENCE LIMITED v PAUAMAC5 INCORPORATED [2018] NZSC 121
The Supreme Court granted an extension of time and leave to appeal because the question whether shark cage diving constitutes an offence under s63A of the Wildlife Act 1953 raises an arguable point of law of public and legal importance warranting further appellate consideration of the Court of Appeal's interpretation.
Source-derived case information.
- Citation
- [2018] NZSC 121
- Parties
- Applicant: Shark Experience Limited; First Respondent: PauaMAC5 Incorporated; Second Respondent: Director-General of Conservation; Third Respondent: Shark Experience Limited
- Court
- Supreme Court
- Jurisdiction
- New Zealand
- Judgment Date
- 11 December 2018
- Procedural Posture
- Application for Leave to Appeal to the Supreme Court / Application for Extension of Time and Leave to Appeal; Extension and Leave Granted
- Outcome
- Extension of time granted; leave to appeal to the Supreme Court granted on an approved ground
- Legal Topics
- Wildlife Act 1953 S63 a, Shark Cage Diving, Statutory Interpretation, Extension of Time, Leave to Appeal
Source-derived case record
Summary, issues, holding and outcome
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Parties
Shark Experience Limited
Applicant
PauaMAC5 Incorporated
First Respondent
Director-General of Conservation
Second Respondent
Shark Experience Limited
Third Respondent
Procedural Posture
Application for Leave to Appeal to the Supreme Court / Application for Extension of Time and Leave to Appeal; Extension and Leave Granted
Legal Issues
- 1 Whether the Court of Appeal was correct to hold shark cage diving is an offence under s63A of the Wildlife Act 1953
- 2 Whether an extension of time to apply for leave to appeal should be granted
- 3 Whether the point raised is of sufficient public and legal importance to justify leave
Ratio Decidendi
The Supreme Court granted an extension of time and leave to appeal because the question whether shark cage diving constitutes an offence under s63A of the Wildlife Act 1953 raises an arguable point of law of public and legal importance warranting further appellate consideration of the Court of Appeal's interpretation.
Court Disposition
Extension of time granted; leave to appeal to the Supreme Court granted on an approved ground
Orders
- Extension of time is granted.
- Leave to appeal is granted (PauaMAC5 v Director-General of Conservation [2018] NZCA 328).
Full Case Text
Judgment text and source record
1 paragraphs
SHARK EXPERIENCE LIMITED v PAUAMAC5 INCORPORATED [2018] NZSC 121 [11 December 2018]IN THE SUPREME COURT OF NEW ZEALANDI TE KŌTI MANA NUISC 86/2018[2018] NZSC 121BETWEEN SHARK EXPERIENCE LIMITEDApplicantAND PAUAMAC5 INCORPORATEDFirst RespondentAND DIRECTOR-GENERAL OFCONSERVATIONSecond RespondentAND SHARK EXPERIENCE LIMITEDThird RespondentCourt: William Young, Glazebrook and Ellen France JJCounsel: S J Grey for ApplicantB Scott and S Roberts for the First RespondentJ Prebble and D Watson for the Second RespondentJudgment: 11 December 2018JUDGMENT OF THE COURTA The application for an extension of time is granted.B The application for leave to appeal is granted (PauaMAC5v Director-General of Conservation [2018] NZCA 328).C The approved ground of appeal is whether the Court ofAppeal was correct to hold that shark cage diving is anoffence under s 63A of the Wildlife Act 1953.____________________________________________________________________Solicitors:Chapman Tripp, Wellington for First RespondentCrown Law, Wellington for Second Respondent