Appeal Court decision |
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Minister's media release
Kahawai appeal - statement from the Minister of Fisheries. |
11 Jun
08
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Background Information
Background information from the non-commercial Kahawai Challenge team. Handy information and a timeline of events leading up to the Appeal Court process. |
11 Jun
08
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Appeal Court Decision
Judgment from the three Appeal Court judges was released on 11 June 2008. The appeal from commercial fishers and cross appeal from recreational fishers were both allowed in part. The High Court declaration was also amended. Read the full decision here......... |
11
Jun 08
(160Kb)
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Appeal Court documents and process |
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Appeal Court - hearing
The Court of Appeal hearing of the Kahawai Legal Challenge was held on Tuesday 26th and Wednesday 27th February 2008. |
26 & 27 Feb 2008 |
Submission - Recreational interests
Submission of First Respondents, the New Zealand Big Game and Recreational Fishing Councils, to the Court of Appeal. |
15
Feb 08
(190Kb)
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Submission - Crown
Submission of Second and Third Respondents, the Minister and Ministry of Fisheries, to the Court of Appeal. |
12
Feb 08
(1.4MB)
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Submission - Commercial interests
Submission for appellants, the commercial parties of Sanford Limited, Sealord Group Limited, and Pelagic & Tuna New Zealand Limited. |
31
Jan 08
(1.8MB)
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Submission - Recreational interests
Legal submission of First Respondents, the New Zealand Big Game and Recreational Fishing Councils, in support of notice of Cross Appeal and to support decision appealed on another ground.......... |
29
Jan 08
(150Kb)
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Decision - High Court Stay Application
Judgment of Harrison J regarding the Stay Application by the Third Respondents, the commercial parties, to stay the High Court decision pending determination of the appeal against the High Court decision. |
11
Jul 07
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Stay Application - Commercial argument
Memorandum of counsel for Third Respondents, Sanford Limited, Sealord Group Limited, and Pelagic & Tuna New Zealand Limited, as to grounds of appeal. |
9
Jul 07
(200Kb)
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Stay Application - Wilkinson affidavit
Affidavit of Vaughan Wilkinson in support of the Third Respondents' application for stay pending determination of appeal. |
8
Jun 07
(190Kb)
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Stay Application - Wilkinson affidavit Annex
Affidavit Annex "VW3-A", of Vaughan Wilkinson, in support of the Third Respondents' application for stay pending determination of appeal. |
8
Jun 07
(310Kb)
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Stay Application - Gibbs affidavit
Affidavit of Vaughan Wilkinson in support of the Third Respondents' application for stay pending determination of appeal. |
8
Jun 07
(190Kb)
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Stay Application - Commercial interests
Application of the Third Respondents for stay pending determination of appeal. |
8
Jun 07
(70Kb)
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Stay Application - Walshe affidavit
Affidavit of Kim Walshe in support of notice of opposition by Plaintiffs to Respondent's' application for stay pending determination of appeal. |
6
Jun 07
(1.8MB)
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Stay Application - Notice of Opposition
Notice of Opposition by Plaintiffs to First and Second Respondents' application for stay. |
6
Jun 07
(60Kb)
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Notice of Fixture
The Court of Appeal notified all parties that the appeal hearing dates had been confirmed as Tuesday 26th and Wednesday 27th February 2008. Hearing would be held in the Court of Appeal, Wellington. Three judges would preside. |
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Stay Application - High Court Minute
Minute of Harrison J, the High Court judge who presided over the original kahawai proceedings, and arbiter for the stay application. |
31
May 07
(30Kb)
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Stay Application - Chatterton affidavit
Affidavit of Tom Chatterton in support of the application for stay pending determination of appeal. |
23
May 07
(1.3MB)
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Stay Application - Crown application
Application of First and Second Respondents, the Minister and Ministry of Fisheries, for a stay of the High Court decision pending the appeal. |
23
May 07
(120Kb)
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Notice of Cross Appeal - Recreational interests
Notice of Cross Appeal by First Respondents and Memorandum of Counsel to support decision appealed on other grounds............ |
4
May 07
(30Kb)
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Compensation - High Court Minute
Minute of Harrison J, in response to a joint memorandum from the First, Second and Third Respondents (Commercials and Crown), seeking declarations in the proceedings regarding compensation. Justice Harrison did not agree to make any such declarations on the compensation issue. |
24
Apr 07
(20Kb)
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Notice of Appeal - Commercial interests
Notice of Appeal by the commercial parties of Sanford Limited, Sealord Group Limited, and Pelagic & Tuna New Zealand Limited. The appeal relates to specific parts of the earlier High Court decision by Justice Rhys Harrison. Notice received by counsel for recreational parties on 20 April 2007. |
19
Apr 07
(130Kb)
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Compensation - Joint Memorandum
Joint memorandum of counsel of the First to Third Respondents, Crown and Commercial, seeking certain declarations in the proceedings regarding compensation. Both the Crown and commercial parties reached an agreement, recorded in the First and Second Respondents' submissions to the High Court, dated 8 November 2006. |
16
Apr 07
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Appeal Court media |
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Kahawai Challenge Update #37
Non-commercial fishing interests come first, commercial last
The Court of Appeal has confirmed that the Minister of Fisheries must first allow for the non-commercial fishing interests of Maori customary and recreational fishers before he sets the commercial catch limit in any fishery........... |
Jun 2008
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Kahawai Challenge Update #36
Future fishing investment
From the first meeting in 2004 until now as we await the Appeal Court decision one debate has been nullified, kahawai are truly the people's fish........... |
Jun 2008
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Kahawai Challenge Update #35
A time for reflection
As summer fades and another ANZAC day passes it is timely to reflect on what the Kahawai Legal Challenge was about, what it sought to achieve and………... |
May 2008
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Kahawai Challenge Update #34
Defending our way of life
There is nothing more 'kiwi' than lighting the fire in the backyard smoker and watching the previous day's catch as it is cooking............ |
Apr 2008
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Kahawai Challenge Update #33
Appeal Court Challenge brings enthusiastic support
It was a boost for the team returning from Wellington's Appeal Court hearing to learn that several notable contributions have been received.................. |
Mar 2008
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Kahawai Challenge Update #32
The real test of sustainability
When was the last time you caught four kahawai in a day?
Surveys have proven this is a rare event for people fishing between North Cape and East Cape............... |
Feb 2008
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Kahawai Challenge Update #31
Day of reckoning near
One month out from the Appeal Court hearing and support for the defence of the High Court kahawai decision is encouraging the team to continue. |
Jan 2008
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Kahawai Challenge Update #30
Maintaining fishing access for future generations
Support for the KLC team is encouraging. Contributions are being received from around the country, including Wellington. |
Dec 2007
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Kahawai Challenge Update #29
More good news!
Two recent developments are worth celebrating. Unanimous support from the NZ Big Game Fishing Council club's has enabled the Council to underwrite the 2008 Kahawai Legal Challenge appeal. |
Nov 2007
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Kahawai Challenge Update #28
As committed as ever
As we count down to the February 2008 Appeal Court hearing the NZ Big Game Fishing Council are committed to defending, on behalf of all New Zealanders, the appeal by commercial fishers........ |
Oct 2007
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Kahawai Challenge Update #27
Minister protected from industry claims
It has become obvious that the High Court ruling offers the Minister of Fisheries far more protection from fishing industry claims than was first realised....... |
Sep 2007
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| Kahawai - Our Taonga
Who ever thought that Pakeha fishermen would ever stand up for Maori fishing rights. Article by Ngati Whatua's chairperson, Naida Glavish. |
Aug 2007
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Kahawai Challenge Update #26
Good news!
Welcome news for Kahawai Challenge supporters - the Minister of Fisheries has accepted the High Court's judgment made in March 2007. |
Aug 2007
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Kahawai Challenge Update #25
Industry appeal, Ministry applies for a stay - business as usual
News of the fishing industry's move to appeal the High Court ruling on kahawai has certainly fired up a lot of people. The Kahawai Legal Challenge team is inspired by the commitment to protect the historic High Court judgment...... |
Jul 2007
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We need more fish in the sea
Media comment by NZBGFC President, Jeff Romeril
Time for action, you bet and the Kahawai Legal Challenge (KLC) was a huge step in the right direction.......
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Jun 2007
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Kahawai Challenge Update #24
Industry appeal against public's win
Legal action continues as the fishing industry has decided to appeal against the High Court decision for kahawai. The fishing councils representing recreational fishers have since filed a cross appeal. Find out what all this means here....... |
May 2007
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Media release
Kahawai Legal Challenge supports the Minister of Fisheries and questions the fishing industry's commitment to sustainability. |
24
May 07
(20Kb)
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Letter to the editor
Ken Sims, Research Officer for the NZ Federation of Freshwater Anglers supports the High Court win and challenges the Minister of Fisheries to respect the public's fishing interests. |
11 May 07
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Media release
Fishing industry to challenge historic judgment supporting priority of people's right to fish............. |
10
May 07
(20Kb)
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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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