4 Nov 2019
ATTORNEY-GENERAL v THE TRUSTEES OF THE MOTITI ROHE MOANA TRUST & ORS [2019] NZCA 532
- Citation
- [2019] 3 NZLR876
- Court
- Court of Appeal
A regional council may exercise its s 30 functions in the coastal marine area, including controls that affect fishing, provided it does not do so for purposes of managing fisheries resources under the Fisheries Act (i.e. for Fisheries Act purposes); s 30(1)(ga) is not itself made subject to s 30(2) and is not limited to cases of 'strict necessity', but any s 30(1)(d) controls invoked are subject to the s 30(2) prohibition; where statutes overlap the Fisheries Act prevails to the extent decisionmaking is for Fisheries Act purposes.
- Indigenous biodiversity
- Coastal marine area
- Statutory interpretation
- Jurisdictional overlap
- S 30(2) rma
- Taiapure and customary fishing