Thompson v Treaty of Waitangi Fisheries Commission - [2005] 2 NZLR 9

Administrative law — Judicial review — Settlement of Treaty of Waitangi fisheries claims — Standard of review — Whether rights of individuals at stake — Whether heightened judicial scrutiny required — Reasonableness of allocation proposals of Treaty of Waitangi Fisheries Commission in “He Kawai Amokura” — Whether putea fund adequate to fulfil requirement that assets of settlement ultimately for benefit of all Maori — Whether security of fund adequately protected for future — Treaty of Waitangi (Fisheries Claims) Settlement Act 1992, preamble and ss 3 and 9.

Fishing and fisheries — Settlement of Treaty of Waitangi fisheries claims — Meaning and intention of deed of settlement — Recommendations of Treaty of Waitangi Fisheries Commission in “He Kawai Amokura” — Putea fund — Whether fund adequate to fulfil requirement that assets of settlement ultimately for benefit of all Maori — Whether application of putea unfair to urban Maori — Whether security of fund adequately protected for future — Treaty of Waitangi (Fisheries Claims) Settlement Act 1992, preamble and ss 3 and 9.