21 Mar 2007
NZ RECREATIONAL FISHING COUNCIL INC AND ANOR V MINISTER OF FISHERIES AND ORS HC AK CIV-2005-404-4495
- Citation
- openlaw-9d885b63_8e9d_4844_b82a_496675d0620c.pdf
- Court
- High Court
Court held TAC levels set by the Minister were within discretion and not unlawful, but the Minister acted unlawfully in fixing TACCs without properly taking into account the mandatory utilisation requirement to allow for recreational social, economic and cultural wellbeing (s8/s21), failed to have proper regard to ss7 and 8 of the Hauraki Gulf Marine Park Act when setting the TAC for KAH 1, and acted irrationally by rejecting MFish advice to consider recreational bag limit controls without reasons; remedy is declaratory relief and a direction to reconsider the 2005 decision accordingly.