10 Aug 2023
FISHERIES INSHORE NEW ZEALAND LIMITED v ROYAL FOREST & BIRD PROTECTION SOCIETY OF NEW ZEALAND INCORPORATED [2023] NZCA 359
- Citation
- [2023] NZCA 359
- Court
- Court of Appeal
Majority: s 13(2)(b) must be read as a coherent whole but the 'period appropriate to the stock' in s 13(2)(b)(ii) is constrained to consideration of biological characteristics and environmental conditions and functions as the outer limit for rebuilding; social, cultural and economic factors in s 13(3) are relevant to determining the way and rate of rebuilding (and thus the practical TAC) but are not a basis to redefine the stock-appropriate period under s 13(2)(b)(ii); the IRP was an irrelevant consideration for the s 13(2)(b)(ii) period inquiry; HSS specifies a default 70% probability standa…