29 Aug 2008
PACIFIC TRAWLING LIMITED AND INDEPENDENT FISHERIES LIMITED V THE MINISTER OF FISHERIES HC NAP CIV 2007-441-1016
- Citation
- openlaw-d2d47bee_ac7b_466f_a31b_562ed9e87229.pdf
- Court
- High Court
The Notice was lawful in general and the Minister acted within the scope of s75 for most stocks, but specific DV increases were invalid where the Minister failed to apply the mandatory s75(2)(a) incentive consideration to those discrete areas or relied on impermissible factors (protecting quota value or extending reasoning from a different area without evidence); accordingly BAR7 and SPD1, SPD3, SPD4, SPD5, SPD7 and SPD8 DVs were set aside.