Paku v Ministry of Agriculture and Fisheries - [1992] 2 NZLR 223

Fishing and fisheries — Offences — Obstruction of a fishery officer in execution of her lawful duties — Whether someone claiming customary fishing rights must stop their vehicle and allow a fishery officer to inspect it when requested to do so — Whether a claim to rights under the Treaty of Waitangi or as a citizen prevented a fishery officer from doing more than making an initial inquiry — Fisheries Act 1983, ss 79(1)(b), 95(1)(a) and 88(2).

Constitutional law — Treaty of Waitangi — Maori fishing rights — Whether the power of a fishery officer to stop and inspect a vehicle belonging to someone asserting customary fishing rights derogated from that person's rights under the Treaty of Waitangi — Fisheries Act 1983, ss 79(1)(b) and 88(2).

Constitutional law — Treaty of Waitangi — Maori fishing rights — Assertion of claim to customary rights when an inquiry made by a fishery officer — Observations on appropriate responses by an officer making an inquiry under Fisheries Act 1983 s 79(1)(b).