Morrison v Treaty of Waitangi Fisheries Commission - [2004] 1 NZLR 419

Administrative law — Judicial review — Whether Court had jurisdiction to determine whether Treaty of Waitangi Fisheries Commission proposals for distribution of quota assets (“PRESA” and “POSA”) substantively and procedurally lawful — “He Kawai Amokura” — Whether interim relief available to restrain commission from further steps or to inhibit Minister of Fisheries’ power to introduce legislation to give effect to commission’s distribution proposals — Treaty of Waitangi Act 1975, s 8.

Constitutional law — Executive powers — Whether judicial review available of report on which proposed legislation based — Whether interim relief available to prevent Minister presenting Bill to Parliament.

Fishing and fisheries — Maori fishing rights — Whether Court had jurisdiction to determine whether Treaty of Waitangi Fisheries Commission proposals for distribution of quota assets (“PRESA” and “POSA”) substantively and procedurally lawful — “He Kawai Amokura” — Whether interim relief available to restrain commission from further steps or to inhibit Minister of Fisheries’ power to introduce legislation to give effect to commission’s distribution proposals — Treaty of Waitangi Act 1975, s 8.