11 Oct 2019
SHARK EXPERIENCE LIMITED v PAUAMAC5 INCORPORATED [2019] NZSC 111
- Citation
- [2019] 1 NZLR791
- Court
- Supreme Court
The Supreme Court held that the Wildlife Act's defined phrase 'hunt or kill' extends beyond the common-usage meaning of hunting or killing to include pursuing, disturbing and molesting protected wildlife irrespective of an ordinary hunting purpose, but on the material before the Court there was insufficient and contested factual foundation to sustain a declaratory judgment that shark cage diving using attractants is an offence under s 63A; accordingly the Court of Appeal declaration was set aside and the application to adduce further evidence was dismissed.