16 Jun 2021
ROYAL FOREST AND BIRD PROTECTION SOCIETY OF NEW ZEALAND INCORPORATED v MINISTER OF FISHERIES [2021] NZHC 1427
- Citation
- [2021] NZHC 1427
- Court
- High Court
The Court held the Minister erred in law by failing to identify and assess the period appropriate to the East Coast tarakihi stock under s 13(2)(b)(ii) before applying social, cultural and economic factors to determine way and rate; the Minister also failed to have regard to the HSS guidance on acceptable rebuild probability (70%) and took into account an irrelevant consideration (the Industry Rebuild Plan) in determining the period appropriate to the stock; however adopting measures modelled at approximately a 50% probability was not, in itself, held to be unlawful.