NZ Big Game Fishing Council v Sanford Limited

[2008] NZSC 74

IN THE SUPREME COURT OF NEW ZEALAND

SC 40/2008
[2008] NZSC 74

BETWEENNEW ZEALAND BIG GAME FISHING COUNCIL INC

First Appellant

ANDTHE NEW ZEALAND RECREATIONAL FISHING COUNCIL INC

Second Appellant

ANDSANFORD LIMITED, SEALORD GROUP LIMITED AND PELAGIC & TUNA NEW ZEALAND LIMITED

First Respondents

ANDMINISTER OF FISHERIES

Second Respondent

ANDTHE CHIEF EXECUTIVE OF THE MINISTRY OF FISHERIES

Third Respondent

Court:Elias CJ and McGrath J

Counsel:A R Galbraith QC and S Ryan for Appellants

B A Scott and G T Carter for First Respondent
A E L Ivory and P A McCarthy for Second and Third Respondents

Judgment:2 October 2008 

JUDGMENT OF THE COURT

AThe application for leave to appeal against the judgment of the Court of Appeal in Sanford Ltd v The New Zealand Recreational Fishing Council Inc [2008] NZCA 160 is granted.

BThe approved ground of appeal is:

Did the Minister of Fisheries, when setting the total allowable commercial catch for Kahawai under s 21 of the Fisheries Act 1996 in 2004 and 2005, act in accordance with statutory requirements?

CThe appellants’ application for leave to respond to the submissions of the respondents on the leave application is consequentially dismissed.

REASONS

[1]       The application for leave to appeal is granted on the basis of the first appellant’s submissions of 6 August 2008 in support of granting leave.   Having considered those submissions, along with submissions from the respondents each dated 27 August 2008, it was not necessary for the Court to address the further “factual context” submissions made for the appellants dated 3 September 2008.  The appellants’ application for leave to file the further submissions in reply to those of the respondents is accordingly dismissed.

Solicitors:
Hesketh Henry, Auckland for Appellants
Chapman Tripp , Wellington for First Respondents
Crown Law Office, Wellington for Second and Third Respondents