2 Mar 2009
N Z FEDERATION OF COMMERCIAL FISHERMEN INCORPORATED AND ORS V MINISTER OF FISHERIES AND ANOR HC WN CIV-2008-485-2016
- Citation
- openlaw-334f06a1_10cd_4e6a_98d1_3363fb1939b6.pdf
- Court
- High Court
Joinder refused because the respondents could be expected to robustly defend the Minister (so the court would not be left without adversarial testing), EDS did not participate in the statutory consultation process (a factor weighing heavily against late joinder), joinder would risk delay and prejudice to the urgent timetable and interim relief, and the relief sought would require reconsideration by the Minister so the Court's decision would not be final on underlying scientific issues; therefore EDS's presence is not necessary to adjudicate and settle all questions involved.