26 Jun 2017
ATTORNEY-GENERAL v THE TRUSTEES OF THE MOTITI ROHE MOANA TRUST AND NZMC [2017] NZHC 1429
- Citation
- (2017) 20ELRNZ 1
- Court
- High Court
Section 30(2) of the RMA prohibits a regional council and the Minister of Conservation from exercising the s 30(1)(d)(i),(ii) and (vii) functions in the CMA for the object of managing the utilisation of fisheries resources or the effects of fishing on the biological sustainability of the aquatic environment (those matters are within the Fisheries Act regime); however regional councils retain power under the RMA to manage other effects or externalities of fishing (including indigenous biodiversity and Māori-related values) to the extent strictly necessary and provided such controls do not dupl…