13 Jun 2011
MARLBOROUGH AQUACULTURE LIMITED AND ORS v THE CHIEF EXECUTIVE OF THE MINISTRY OF FISHERIES HC WN CIV-2009-485-500
- Citation
- openlaw-9b2ef163_a7d2_41c7_bbec_f419f49cf904.pdf
- Court
- High Court
The Chief Executive's choice of a 5% average annual catch-loss threshold for identifying an undue adverse effect was a lawful exercise of judgment and the correct legal standard of 'satisfied' was applied; however the Aquaculture Decision was materially flawed because the Chief Executive misapplied the Scallop Model by using its outputs to rank subzones, by assessing interim AMAs by whole-area exclusion rather than by likely occupied area, and by treating other interim AMAs under simultaneous consideration as "previous aquaculture activities" for cumulative effects; pre-1992 marine farms that…