18 May 2009
MINISTRY OF FISHERIES V SMERDON AND ANOR HC WN CIV 2005-485-2503
- Citation
- openlaw-9f9b9601_3fb7_4b80_b0a6_926d52c774e5.pdf
- Court
- High Court
The Review Committee had no jurisdiction to accept or take into account late catch returns for the purpose of calculating provisional catch history because ss 32 and 34 of the Fisheries Act 1996 expressly define 'eligible returns' and 'eligible catch' to require timely, lawfully completed returns and there is no express or implied discretion inconsistent with those provisions; allowing late returns would undermine statutory certainty and finality.