23 Dec 2016
CHALLENGER SCALLOP ENHANCEMENT COMPANY LTD v THE DIRECTOR-GENERAL OF THE MINISTRY OF PRIMARY INDUSTRIES [2016] NZHC 3201
- Citation
- [2016] NZHC 3201
- Court
- High Court
The application for review was dismissed because the Director-General lawfully remade the aquaculture decision within the statutory remit of s40 using the best available evidence (including a peer‑reviewed Scallop Model alongside survey and site data), reasonably applied the five per cent UAE benchmark endorsed by higher courts, was not required to treat quota rights as a separate s40 matter, and the statutory s38 time limit did not invalidate the decision given the remittal and excluded information‑gathering periods.