28N Rights Proceedings

Updates on 28N Rights Proceeding

9 February 2024

The declaratory judgment proceedings filed by Te Ohu Kaimoana last October have been set down for hearing, on 8 to 11 July 2024 in the Wellington High Court.

The Court has also set a timetable for the exchange of evidence:  Te Ohu Kaimoana’s evidence was filed in December, and the Crown’s evidence is due to be filed in March.  The Court has not given permission for the evidence to be published ahead of the hearing so this can’t be distributed at this time.

6 October 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.  It also seeks a declaration that the Crown must compensate for settlement quota lost as a result of 28N rights.

28N rights confiscations have been recognised as occurring since the early 2000s.

Since 2018, Te Ohu Kaimoana has issued proceedings to injunct and judicially review regulatory decisions made by the Minister that have triggered 28N rights issues through increases to TACCs (Total Allowable Commercial Catch) for a number of different stocks (species).

The Court has granted us permission to publish the following documents:

Pānui | Notices

Below you will find all pānui from Te Ohu Kaimoana relating to 28N rights