Independent Fisheries Ltd v Minister for Canterbury Earthquake Recovery

Independent Fisheries Limited and others sought a stay or interim relief against the Minister for Canterbury Earthquake Recovery and others in relation to a decision that had been set aside by the Court. The Regional Council and others sought to stay the execution of the orders pending an appeal to the Court of Appeal. The applicants opposed the application on the basis that there was no jurisdiction to grant it. The court was required to decide whether it had jurisdiction to grant the application. The court considered whether the application could be supported by rule 20.10 of the High Court Rules; section 8 of the Judicature Amendment Act 1972; rule 12 of the Court of Appeal (Civil) Rules; and the Court’s inherent jurisdiction. The court found that there was no jurisdiction to grant the application. The court found that the case of Willowford Family Trust v Christchurch City Council was applicable and that the other cases relied on by the respondents were distinguishable. The court found that the respondents had not made out a compelling case for the orders and that there was no evidence to support the contentions advanced by the respondents about the prejudice that would arise in the meantime. The application for a stay or other form of interim relief was dismissed. The Regional Council was to pay the applicants costs on the 2B scale and the costs of any other parties/interveners involved in the application were to rest where they fell.