10 Apr 2013
SMW CONSORTIUM (GOLDEN BAY) LIMITED v THE CHIEF EXECUTIVE OF THE MINISTRY OF FISHERIES COA CA431/2011
- Citation
- COA CA431/2011
- Court
- Court of Appeal
Court upheld High Court: s40 confines matters decision-maker may consider; 'satisfied' requires positive certainty so where reasonable doubt exists a reservation is appropriate; a 5% average catch loss threshold was a permissible exercise of judgment in context; s40(d) requires assessment of exclusion of fishing by reference to the area likely to be occupied by aquaculture structures not simply the whole AMA area; s40(g) requires factual assessment of cumulative effects of previous aquaculture activities and allows consideration of other interim AMAs when multiple AMAs are decided concurrentl…