MATTOO wrote: Uncle, Are we sure this is the right thing to do. I assume you've spent the time reviewing what it means and your still sure there approach is wrong. Is the petition just against it or proposing alternates. Kindly. M |
Monday 4 November 2019
In an Appeal Court judgment issued today, it was determined that regional councils are precluded from undertaking actions for Fisheries Act purposes.
Such purposes include conserving, using, enhancing, developing or allocating fisheries resources, and also any actions to avoid, remedy or mitigate the effects of fishing on the wider aquatic environment.
Fisheries Inshore New Zealand chief executive, Dr Jeremy Helson, said: “We are pleased the Court has confirmed that fisheries management remains the concern of the Fisheries Act.
“However, regional councils have some jurisdiction in managing marine activities for other purposes. When exercising such functions, the Court has provided some useful guidance that confirms Councils’ management capacity is subject to various constraints and that interventions must be carefully considered on a case-by-case basis,” said Helson.
What this means is that interested parties must now be involved whenever a regional council attempts to make a decision that affects fishing.
“It is not ideal, but we are grateful that the Appeal Court recognised that regional councils are constrained in the extent to which they can restrict commercial, recreational and customary fishing.
“While, overall, this decision did not go as far as we would have liked in providing clarity, it confirms that regional councils are restricted in the extent to which they can manage fishing in the coastal marine environment – including when exercising their functions ‘to maintain indigenous biodiversity’,” said Helson.
Industry parties are still examining the detail of the Court’s decision and it is too early to comment on whether an appeal would be appropriate.
ENDS
Note: This Appeal was brought by Ministry for Primary Industries, Fisheries Inshore New Zealand, The New Zealand Rock Lobster Industry Council and Paua Industry Council.
Dr Jeremy Helson
Chief executive Fisheries Inshore New Zealand
021 272 8727
Chief executive Rock Lobster Industry Council
022 430 4347
Alan L wrote: "We are told that the ruling cannot be overturned. But the Petition is still worth a crack, we won't get what we don't ask for." I am not trying to throw a wet blanket over those who want to challenge the decision . It seems like a slippery slope with that one. But the Q has to be asked (as Mattoo is doing), as to how effective such a petition may be. Whether this is the right approach. Who said the ruling cannot be overturned? The court process is a very regimented one and the higher up the ladder you go, the narrower the window of opportunity to overturn what has already been debated. If it is a legal slam dunk, another approach may be a better option (election coming up). If there is a clear legal avenue to follow it may be helpful to spell out what it is. Regards Alan |
Alan L wrote: "There is no slippery slope here in terms of trying other things like petitions etc." My response is misconstrued - too much brevity of words. I mean the original decision is a slippery slope -as to where it takes us. Just querying the likelyhood of a petition succeeding in a legal arena. "Our Lawyers acting for NZSFC and LegaSea have provided the advice that this ruling is full and final. Can only be appealed on points of law by parties to the original case. i.e New parties cannot show up and contest the ruling." That is the norm - the field to overturn a legal decision gets narrower the further up the legal ladder you climb. So why would we assume a petition would have weight - other than politically. It would seem to me a Judicial review would be the only avenue open. ie asking whether the courts up to this point have screwed up. Regards Alan " |
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