Friday 08.02.2002
NZ
Herald
NZPA.
Foreign companies
would face no legal barrier if they wanted to buy all of New Zealand's
fishing quota, a High Court judge has ruled. Justice Ronald Young
found that the Government's policy of "New Zealandising"
the industry was not enshrined in law. Changes were made to the
law in 1999 with the intent of tightening sales of quota to foreigners.
A national-interest test had to be applied by the Overseas Investment
Commission (OIC) and ministers when approving such sales.
But Justice
Young said it was still possible for foreign companies to buy quota.
It was an error to assume "New Zealandisation equates with
the natural interest" and wrong to argue that "New Zealand
ownership of all quota, no matter what the circumstances, will automatically
be in the national interest". "This is misconceived. The
OIC and ministers have far broader questions.
"Parliament
could have prohibited overseas ownership absolutely. It did not
do so. "While I imagine no Government would allow it to happen,
all quota could be controlled by overseas companies."
To fulfil Justice
Young's hypothetical scenario of 100 per cent overseas ownership,
all New Zealand owners of quota would have to want to sell and the
OIC and the Government would have to approve those sales.
Justice Young
had been asked to rule on a dispute between Talleys Fisheries and
its Japanese partner, Mahura. The two companies have a stake in
Ceebay Holdings. Ceebay, a quota leasing company, has been in business
for a decade with some component of foreign ownership.
Talleys went
to court to see whether Ceebay could legally hold quota after the
1999 law changes. In his judgment, Justice Young upheld the approvals
of the OIC and the Government to grant Ceebay 8500 tonnes of hoki
quota in 2000. Talleys argued that the quota decision was contrary
to the law and the "New Zealandisation" policy.
The company
also contended that there had been a lack of consultation and the
decisions were based on flawed advice about the company and its
record. Justice Young rejected the complaint.
The general
manager of the Seafood Industry Council, Alistair Macfarlane, said
he could not comment on the judgment or its implications until he
had seen it.
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