22 Nov 2018
SAJO OYANG CORPORATION AND RUDI HARTONO AND 29 OTHERS v THE MINISTRY FOR PRIMARY INDUSTRIES [2018] NZHC 3041
- Citation
- [2018] NZHC 3041
- Court
- High Court
Relief from forfeiture was granted because, on balance of statutory s256(7) factors, the environmental and fishery management effects were limited (TACC under‑caught and increased next year), economic benefit to owner was quantified and addressed in settlement, no corporate prosecution or prior offending by officers was established, and the negotiated settlement provided payments to crew and the Ministry thereby avoiding manifest injustice and meeting statutory objectives.