Kahawai
Legal Challenge Delayed but not Derailed
New
Zealand Big Game Fishing Council
26
May 2006
(This notice was
sent to members of the NZBGFC on 26th May 2006 by their President,
Jeff Romeril)
Dear Members
This is to advise that
the judicial review on kahawai has been delayed due to the Crown
not presenting its evidence (affidavits) in a timely manner for
us to respond to before the hearing date June 6th. A new date
will be advised, it will be after the 1st August. It could be
several months as the court does not have an immediate opening
for a four day hearing unless another case of similar length is
also delayed allowing us to take that slot.
Over the last month the possibility of an adjournment of our judicial
review on kahawai had arisen as the time table of events decided
in December was not adhered to by Commercial and the Crown. We
filed our evidence 8 months ago, Commercial were two months late
and we have yet to receive any evidence from the Crown which was
initially due in March.
The time table was compressed
to allow Crown an extension to get their evidence to us by 19th
May. A time we believed we could still respond to for the 6th
June hearing. However we still have not received it. On the 24th
May we notified the court that we had not received the Crowns
evidence and accordingly asked for an adjournment. By coincidence
one of our presenting legal team lawyers has used the opportunity
of the delay to take leave to attend to a serious family illness.
We have done our very best to comply with the timetable schedule
and accommodate the lateness of both Commercial and Crown. It
is disappointing that we have sought an adjournment but had little
choice.
It is not clear how the
judge presiding will view the delay and the reason for it as they
too have plenty of preparation (reading) to do prior to the hearing
but we have made sure that any fault cannot be laid on us. We
have specified a further deadline for the Crown to present its
evidence of the 6th June — the original hearing date and
allowed ourselves three weeks to respond so we are ready for any
opportunity for a court hearing from the 1st August onwards. I
will advise as soon as a fixed date is known.
I appreciate the frustration that all must feel over this delay
as this case is now 2 years old in the making. We must persevere
as the importance of this case and its affect on all fisheries
management decisions has not changed.
We have been advised
that the Minister is not making any further decisions on kahawai
this coming October so this will not further affect the legal
case.
Our fund raising is still
on going and we very much appreciate the effort clubs have individually
shown to assist in the costs of taking the case. We are as convinced
as ever we are on the right track and will not be derailed by
this delay.
Kind regards
Jeff Romeril
PRESIDENT
