Te Ohu Kai Moana Trustee Limited v Minister for Primary Industries

[2018] NZHC 2561

IN THE HIGH COURT OF NEW ZEALAND WELLINGTON REGISTRY

I TE KŌTI MATUA O AOTEAROA TE WHANGANUI-A-TARA ROHE

CIV-2018-485-729

[2018] NZHC 2561

BETWEEN

TE OHU KAI MOANA TRUSTEE LIMITED

Applicant

TE RUNANGA O NGAI TAHU
Second Applicant

AND

MINISTER FOR PRIMARY INDUSTRIES

Respondent

CHIEF EXECUTIVE OF MINISTRY FOR PRIMARY INDUSTRIES

Second Respondent

On the papers:
Counsel:	J P Ferguson for the Applicants N Anderson for Respondents
Judgment:	1 October 2018

JUDGMENT OF CHURCHMAN J

[1]                   By statement of claim filed on 28 September 2018, Te Ohu Kai Moana Trustee Ltd and Te Rūnanga o Ngāi Tahu (the applicants) sought a judicial review of a decision of the first respondent in relation to the Total Allowable Catch and Total Allowable Commercial Catch for the PAU 5B fish stock under ss 13 and 20 of the Fisheries Act 1996.

[2]The relief sought in the statement of claim was:

TE OHU KAI MOANA TRUSTEE LIMITED & ANOR v MINISTER FOR PRIMARY INDUSTRIES & ANOR [2018] NZHC 2561 [28 September 2018]

(a)a declaration that the Minister’s decision to set TAC and TACC that results in a proportional decrease in the share of the settlement quota held by the second applicant is unlawful;

(b)an order setting aside the line item headed “PAU 5B” in the Schedule 1 to the Fisheries (Total Allowable Catch, Total Allowable Commercial Catch, and Deemed Value Rates) Amendment Notice (No 2) 2018;

(c)a declaration that the Minister reconsider his decision to set a TAC and TACC that results in a proportional decrease in the share of the settlement quota held by the second applicant and giving such directions as to that reconsideration in terms of s 17 of the Judicial Review Procedure Act 2016 as the Court thinks just.

[3]                   Contemporaneously with filing the statement of claim, the applicants sought interim orders. The interim orders sought were:

(a)a declaration that, pending the determination of this application for judicial review, the first and second respondents ought not:

(i)take any further action that his or would be consequential upon setting or varying the Total Allowable Catch for the PAU 5B fish stock under s 13 of the Fisheries Act 1996; and

(ii)take any further action that his or would be consequential upon setting or va5rying the Total Allowable Commercial Catch for the PAU 5B fish stock under s 20 of the Fisheries Act 1996;

(b)an order reserving costs and reserving leave for any party to apply for further orders on five days’ notice.

[4]                   The parties have filed a joint memorandum consenting to the making of the interim orders sought and indicating that the parties will agree a timetable to enable the orderly process and disposal of the proceedings.

[5]                   Accordingly, by consent, I make an order granting the interim orders set out in paragraph 1 of the interlocutory application by the applicants for interim orders dated 28 September 2018, such orders to last until further order of the Court.

Churchman J

Solicitors:

Kahui Legal, Wellington for Applicants Crown Law, Wellington for Respondents