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Fowler & Roderique Ltd v Attorney-General - [1987] 2 NZLR 56


Court of Appeal Wellington
22 October 1986; 25 September 1987
Cooke P, Somers and Casey JJ
Administrative law — Judicial review — Exercise of discretion — Minister by notice made an order declaring part of Foveaux Strait to be a controlled fishery for oyster dredging and limiting the number of licences to 23, and then gave a policy direction to the Fisheries Licensing Authority that the 23 existing licensees should be issued those licences — Whether Minister should have afforded appellant an opportunity to be heard before making order and giving policy direction — Whether Minister had failed to specify the method by which Authority was to allocate the licences Whether the decision of the Minister was the result of an unfair exercise of discretion — Whether declaration of invalidity should be made as law had subsequently changed — Controlled Fisheries (Foveaux Strait Dredge Oyster Fishery) Notice 1979 — Fisheries Act 1908, ss 118, 119 and 120(1).

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