Michael Sean Sullivan v Ministry of Fisheries

[2001] NZCA 265

IN THE COURT OF APPEAL OF NEW ZEALAND CA230/01

BETWEEN	MICHAEL SEAN SULLIVAN
Appellant

AND	MINISTRY OF FISHERIES
Respondent

Hearing:	29 August 2001
Coram:	Blanchard J Tipping J McGrath J
Appearances:	C R Carruthers QC and F M R Cooke for Appellant C A McVeigh QC for Respondent
Judgment:	29 August 2001

JUDGMENT OF THE COURT DELIVERED BY BLANCHARD J

1. Leave to appeal is granted in respect of the following further question:

   Was the finding that the fact that the appellant encouraged an obstruction in itself rendered the statutory defence under s105 Fisheries Act 1983 unavailable, correct in the circumstances of the case?

2. Leave to appeal is refused in respect of the other additional question.

Solicitors:

S J Grey, Nelson, for appellant
Crown Solicitor, Christchurch