August 07, 2016
Convention blocks court from stepping in to treaty fish grab
A knock back for Te Ohu Kaimoana’s attempt to challenge the creation of the Kermadec ocean sanctuary through the courts.
Justice Simon France has granted an application by Attorney General Christopher Finlayson for a temporary stay on proceedings.
The Maori fisheries settlement trust wanted the court to declare that creation of the sanctuary will breach the crown’s duty of good faith.
Justice France says making that declaration would put the court at the heart of the political debates being carried on in parliament – which breaches the principle of what’s called comity or separation of powers.
He says no further steps were to be taken in the action until the legislative process was complete.
Te Ohu Kaimana says the removal of any future opportunity to develop fisheries in the 620,000 square kilometres covered by the sanctuary reduces the value of the Maori fisheries settlement.
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