23 Feb 2010
THE NEW ZEALAND FEDERATION OF COMMERCIAL FISHERMEN INCORPORATED AND ORS V THE MINISTER OF FISHERIES AND ANOR HC WN CIV-2008-485-2016
- Citation
- openlaw-5e1737eb_f074_4252_9fe0_6b46d8aa92fe.pdf
- Court
- High Court
Court held Minister received materially inaccurate or incomplete advice in two respects—reliability of a single 7 nm Maui's dolphin sighting and characterization of commercial butterfish operations—such that he could not be said to have acted with the best available information or properly assessed necessity under s15(2); those aspects must be referred back for reconsideration; other challenged measures were within Ministerial discretion and upheld; regulations as drafted unintentionally captured ring netting.