Background As you may recall, in October of 2023 Te Ohu Kaimoana filed a declaratory judgment proceeding against the Crown (Attorney General) to address its failing under the Fisheries Settlement and Te Tiriti o Waitangi to address the 28N rights issue. Since then, Te Ohu Kaimoana has had hearings in the Wellington High Court in July, and subsequently applied for interim orders to protect potential loss of settlement quota as a result of the [...]
6 Whiringa-ā-nuku 2023 On Monday 2 October, Te Ohu Kaimoana filed a declaratory judgement proceeding against the Crown (Attorney General and Minister of Oceans and Fisheries) to address its failing under Te Tiriti o Waitangi to address the 28N rights issue. The proceeding, filed at the High Court, claims that loss of settlement quota through 28N rights amounts to confiscation, and seeks a declaration that the Crown is in breach of the Fisheries Settlement. [...]
We are pleased to advise that Te Ohu Kaimoana and Ngāi Tahu were successful in gaining interim orders to prevent the proposed increase in the PAU 5B TAC and TACC, and reallocation of settlement rights. The matter was considered by His Honour Justice Churchman on late Friday afternoon with interim orders being made at approximately 4.30pm. We note that the Crown consented to the application and did not seek to oppose us on this [...]
A collaborative effort has seen a successful result in the High Court for iwi and the environment this week. The High Court has quashed the Environmental Protection Authority’s Decision-Making Committee’s (DMC) decision allowing Trans Tasman Resources Limited (TTR) to mine 50 million tonnes of iron sand from the deep sea floor, off the coast of Pātea in Taranaki. The activity would have seen 45 million tonnes of waste sediment discharged into 65 km² [...]
