Supreme Court decision |
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Supreme Court media statement
Press summary
A majority of the Supreme Court has dismissed an appeal brought by two associations of recreational fishers against decisions of the Minister of Fisheries in the administration of the kahawai fisheries.............. |
28 May
09
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Supreme Court Decision
Judgment from the five Supreme Court judges was released on 28 May 2009. The majority dismissed the appeal. The Chief Justice dissented and delivered a separate, minority decision. The majority decision stands................ |
28
May 09
(120Kb)
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Supreme Court documents and process |
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Supreme Court - hearing transcript
A transcript of the discussions held during February 12th Supreme Court hearing of the Kahawai Legal Challenge appeal. Transcript delivered to the legal parties on 11 March 2009. |
12 Feb 09
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Supreme Court - hearing
The Supreme Court hearing of the Kahawai Legal Challenge appeal was held on Thursday 12th February 2009. |
12 Feb 09 |
Submission - Crown
Submission by the Crown made on behalf of the Second and Third Respondents, the Minister and Ministry of Fisheries, to the Supreme Court. |
14
Jan 09
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Submission - Commercial interests
Submission for First Respondents, the commercial parties of Sanford Limited, Sealord Group Limited, and Pelagic & Tuna New Zealand Limited, to the Supreme Court. |
23
Dec 08
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Submission schedule - Commercial interests
Submission schedule from First Respondents, the commercial parties of Sanford Limited, Sealord Group Limited, and Pelagic & Tuna New Zealand Limited, to the Supreme Court. This schedule highlights various paragraphs of legislation and sections of earlier MFish advice papers. |
23
Dec 08
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Submission - Recreational interests
Legal submission of Appellants, the New Zealand Big Game and Recreational Fishing Councils, to the Supreme Court. |
1
Dec 08
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Supreme Court - Case on Appeal
A table of references for the Supreme Court judges outlining the various documents, affidavits and exhibits noted in the Appellant's submissions. |
1
Dec 08
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Supreme Court - timetable
Joint memorandum of counsel in relation to the Court timetable, from the Appellants, the New Zealand Big Game and Recreational Fishing Councils. |
20 Nov 08
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Notice of Fixture
The Supreme Court notified all parties that the appeal hearing date had been set for Thursday 12th February 2009. The hearing would be held in the Supreme Court Courtroom, Wellington. Five judges would preside and a transcript of the hearing would be taken and distributed to counsel after the event. |
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Appellant's media release
A milestone decision by the Supreme Court to accept an application to review the 2008 Appeal Court kahawai decisions has been welcomed by amateur fishing organisations............ |
3 Oct 08
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Supreme Court - Appeal decision granted
The Supreme Court grants the leave application from the fishing councils to appeal against the 2008 kahawai judgment of the Court of Appeal. |
2
Oct 08
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Reply submissions application - Commercial opposition
Memorandum of counsel for First Respondents (commercial parties) in response to applicant's application to file reply submissions.............. |
4
Sep 08
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Leave application - Recreational interests
Notice to the Supreme Court applying for leave to appeal to the Court against the decision of the Court of Appeal in regards to kahawai, decision dated 11 June 2008. |
3
Sep 08
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Leave application - Recreational reply submissions
Reply submissions on behalf of First and Second Appellants (recreational interests) in support of the application for leave to appeal the Court of Appeal's earlier kahawai decision, dated 11 June 2008. |
3
Sep 08
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Leave application - Commercial opposition
Submission of First Respondents (commercial interests) in opposition to the recreational parties' application for leave to appeal the Court of Appeal's June 2008 kahawai decision. |
27
Aug 08
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Leave application - Crown opposition
Submission by the Crown on behalf of the First and Second Respondents (the Minister and Ministry of Fisheries) opposing the recreational parties' application for leave to appeal against the June 2008 Court of Appeal kahawai decision. |
27
Aug 08
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Leave application - Recreational submissions
Legal submissions of the Applicant, the New Zealand Big Game Fishing Council (NZ Recreational Fishing Council joins later), in support of the application for leave to appeal against the earlier Court of Appeal kahawai decision. |
6
Aug 08
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Appellant's media release
Recreational fishers have lodged an application for a hearing in New Zealand's Supreme Court following the recent Appeal Court judgment on kahawai..... |
10
Jul 08
(30Kb)
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Leave application - Recreational
The application by the New Zealand Big Game Fishing Council (NZ Recreational Fishing Council joins later), seeking the leave of the Supreme Court to appeal against the 2008 Court of Appeal kahawai decision. |
9
Jul 08
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Supreme Court media |
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Kahawai Challenge Update #54
A dwindling bunch of bottom feeders
Final Kahawai Legal Challenge Update - We need abundance of kahawai for conservation and sustenance............. |
Nov 2009
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Kahawai Challenge Update #53
The silver lining of the Kahawai Challenge
Some of the most encouraging outcomes of the Kahawai Legal Challenge have been the new relationships forged during the proceedings and the clarity provided by the Courts about allocation......... |
Oct 2009
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Kahawai Challenge Update #52
Good news for Kahawai Challenge
Thanks to the vision and generosity of New Zealand Fishing News readers the Challenge team are slowing gnawing away at the Kahawai Fund deficit........ |
Sep 2009
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Kahawai Challenge Update #51
More fish in the water or corporate profits?
It has been interesting to read the different reactions to the Supreme Court's judgment of the kahawai appeal brought by the New Zealand Big Game and Recreational Fishing Councils............... |
Aug 2009
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Kahawai Challenge Update #50
Supreme Court ruling sets scene for 2010 kahawai decisions
After four years of successive court hearings the Supreme Court, in dismissing the kahawai appeal brought by the New Zealand Big Game and Recreational Fishing Councils, has delivered what maybe termed a mixed bag........ |
Jul 2009
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Kahawai Challenge Update #49
Supreme Court decision - a loss for non-commercial fishing interests
The Supreme Court kahawai appeal brought by the New Zealand Big Game and Recreational Fishing Councils has been dismissed by a majority decision delivered on May 28th................ |
Jun 2009
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Supreme Court media statement
Press summary
A majority of the Supreme Court has dismissed an appeal brought by two associations of recreational fishers against decisions of the Minister of Fisheries in the administration of the kahawai fisheries.............. |
28 May
09
(190Kb)
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Kahawai Challenge Update #48
Kahawai Challenge an expensive battle
The Kahawai Legal Challenge has been a five-year battle to defend the right of every man, woman and child to fish for food in the sea...... |
May 2009
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Kahawai Challenge Update #47
Skewed priorities in kahawai management
Late summer runs of kahawai can provide an exciting day's fishing so it is encouraging to hear that some people have been enjoying recent opportunities to test their angling skills and take home a few for the smoker......... |
Apr 2009
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Kahawai Challenge Update #46
The much-anticipated hearing completed
The much-anticipated Kahawai appeal was heard in the Supreme Court, Wellington, on Thursday 12th February. A decision from the five judges is not expected for several months............ |
Mar 2009
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Kahawai Challenge Update #45
Now the waiting begins
By the time you read this update the Kahawai Legal Challenge the Supreme Court appeal hearing will have been heard. Now it's a matter of waiting for the five learned judges to deliver their decision, which could take several months.............. |
Feb 2009
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Kahawai Challenge Update #44
Golden summers and more fish
Preparation of the Kahawai Legal Challenge appeal case to be heard in the Supreme Court at Wellington on 12 February is well underway................ |
Jan 2009
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Kahawai Challenge Update #43
A big climax expected to kahawai proceedings
The Kahawai Legal Challenge team are celebrating the lodging of legal submissions in advance of the Supreme Court hearing, scheduled for February 12th 2009........... |
Dec 2008
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Kahawai Challenge Update #42
Anticipation builds as Supreme Court hearing nears
The Supreme Court has allowed the Kahawai Legal Challenge team's leave application to challenge some aspects of the 2008 Appeal Court's decision...... |
Nov 2008
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Kahawai Challenge Update #41
Godzone to Gonezone?
Living in 'Godzone' has many advantages: one of which is the common law right to go down to the sea and catch fish...................... |
Oct 2008
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Appellant's media release
A milestone decision by the Supreme Court to accept an application to review the 2008 Appeal Court kahawai decisions has been welcomed by amateur fishing organisations............ |
3 Oct 08
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Kahawai Challenge Update #40
Purse seines and spotter planes
It's not surprising that the deployment of purse seiners and even spotter planes became the norm for a handful of commercial fishers hunting catch history...... |
Sep 2008
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Kahawai Challenge Update #39
Three years of Kahawai Challenge
By August 27th the Olympic Games will be a memory and we will either be basking in the glory of our fine athletes' achievements or dreaming of what could have been. For the Kahawai Challenge team the action continues.......... |
Aug 2008
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Kahawai Challenge - Hesketh Henry Lawyers Winter issue 08
Fishing in the Supreme Court
Hesketh Henry's Stuart Ryan acted on behalf of the New Zealand Big Game and Recreational Fishing Councils throughout the High Court and Court of Appeal kahawai challenge. He will continue to work with Alan Galbraith QC during the Supreme Court proceedings. |
Jul 2008
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Appellant's media release
Recreational fishers have lodged an application for a hearing in New Zealand's Supreme Court following the recent Appeal Court judgment on kahawai..... |
10
Jul 08
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Kahawai Challenge Update #38
Kahawai application made to the Supreme Court
On July 9th the Kahawai Legal Challenge team lodged an application with the Supreme Court challenging some aspects of the recently released Appeal Court ruling. There is no automatic right to appeal so........... |
Jul 2008
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Earlier Kahawai Challenge Updates
Follow the development of the Kahawai Legal Challenge by reading these earlier Kahawai and option4 Updates. Some of these were written before the Legal Challenge had even been confirmed! |
2004....
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