Green v Ministry of Agriculture and Fisheries - [1990] 1 NZLR 411

Fishing and fisheries — Offences — Possession of toheroa — Defences — Maori fishing rights — Defendants were found in possession of toheroa taken from below high watermark and claimed Maori fishing right based on membership of tribe which claimed exclusive ownership or control of foreshore — Other tribes claimed similar rights — Whether Crown had onus of proving absence of Maori fishing right — Whether exclusive Maori fishing right existed below high watermark — Whether, with disputes as to rights to foreshore, defendants had proved existence and applicability to them of Maori fishing right — Summary Proceedings Act 1957, s 67(8) — Fisheries Act 1983, s 88(2) — Fisheries (Amateur Fishing) Regulations 1986, reg 22.