30 May 2019
COMMERCIAL FISHERS WHANAU INC v ATTORNEY-GENERAL [2019] NZHC 1204
- Citation
- [2019] NZHC 1204
- Court
- High Court
The Court held the Reporting and GPR Regulations and, as promulgated, the EM Regulations are within the scope of the enabling provisions in the Fisheries Act 1996 (ss297, 304 and s227A); although the Regulations impose a credible risk of diminution in value of fishers' intangible property and raise privacy concerns, those consequences do not amount to unlawful expropriation or a per se NZBORA s21 breach and do not render the Regulations ultra vires; uncertainty challenge in respect of EM Regulations is reserved pending promulgation of the promised circular and may be renewed thereafter.