4 Sept 2018
PAUAMAC5 INCORPORATED v DIRECTOR-GENERAL OF CONSERVATION [2018] NZCA 348 [4 September 2018]
- Citation
- [2018] NZCA 348
- Court
- Court of Appeal
Shark cage diving, when berley and bait are used to draw great white sharks to submerged cages, constitutes 'pursuing' or 'disturbing' and therefore falls within the extended statutory definition of 'hunt or kill' under s 63A; however s 53(1) authorisation is limited to activities described as 'catch alive or kill', a narrower, purpose‑oriented concept consistent with the Act's protective purpose, and does not extend to authorising shark cage diving, so the Director‑General had no power under s 53(1) to authorise that activity; public safety is not a mandatory consideration in every s 53(1) a…