Westhaven Shellfish Limited v Chief Executive of Ministry of Fisheries CA52/03

In the Court of Appeal of New Zealand, Westhaven Shellfish Limited appealed against the Chief Executive of the Ministry of Fisheries over the Ministry's proposal to introduce two additional species into the Quota Management System. The High Court had previously refused to make an interim declaration to protect Westhaven's position. Westhaven sought to delay the issue of the notice to allow time to receive a judgment in the High Court in judicial review proceedings relating to attempts to secure fishing permits for the species concerned. The Court of Appeal found that there was a position to be preserved, and it was characterised as an opportunity for Westhaven to pursue the permit applications if successful in the High Court proceedings. The Court of Appeal allowed the appeal and made an interim declaration, stating that the respondents should not take any further action that is consequential on the exercise of the Minister’s decision to introduce Geoducs and Whelks in the QMS until further order of the High Court. The Court of Appeal also noted that the parties could come to some arrangement to enable the notice to be given yet protect the position of the appellant. The order for costs in the High Court was reversed and stood in favour of the present appellant. Westhaven was awarded $3,000 together with disbursements in respect of this appeal.