12 Oct 2009
SANFORD LIMITED V THE CHIEF EXECUTIVE OF THE MINISTRY OF FISHERIES AND ANOR HC WN CIV-2009-485-379
- Citation
- openlaw-cae7208c_0752_469a_bdfd_a194c537cf68.pdf
- Court
- High Court
The Chief Executive lawfully exercised his powers under the Fisheries Act 1983 by approving part of the application (a 3,800 ha area) and imposing a condition limiting development to stage one (256 longlines); that assessment of undue adverse effects may be confined to the approved activity, staging conditions were lawful under s67J(10)(c), the decision was not irrational on the evidence, and consideration of the practical effect of the Transitional/New Regime did not render the decision unlawful.