28 May 2009
NEW ZEALAND RECREATIONAL FISHING COUNCIL INC AND ANOR V SANFORD LIMITED AND ORS SC 40/2008
- Citation
- NEW ZEALAND RECREATIONAL FISHING COUNCIL INC AND ANOR V SANFORD LIMITED AND ORS SC 40/2008
- Court
- Supreme Court
Majority held that s21 requires the Minister to quantify allowances for non‑commercial fishing (an estimate of what those sectors will catch, subject to regulatory controls), consult interested groups, and apportion the TAC by deducting those allowances so that the TACC is the TAC minus those quantified allowances; s20/s21 do not give a substantive statutory priority to recreational interests and the Minister retains discretion (including setting TACC to zero) to determine allocations consistent with the Act's purpose and principles.