Court of Appeal Wellington
CA 73/04
27, 28 May; 30 June 2004
Anderson P, McGrath and Glazebrook JJ
CA 73/04
27, 28 May; 30 June 2004
Anderson P, McGrath and Glazebrook JJ
Administrative law — Judicial review — Treaty of Waitangi Fisheries Commission — Report by commission recommending final distribution of Maori commercial fishing settlement assets — Whether allocation model reasonable — Whether alleged inequities in transitional lease and tender rounds ought to be taken into account in final allocation — Whether consultation with Maori adequate — Whether unreasonable for commission to adopt “juridical bay” formula for measuring coastlines — Approach to judicial review of commission decisions made after extensive consultation and with widespread agreement of iwi — Maori Fisheries Act 1989, ss 5, 6(e), 7, 8, 9(2)(l) and Schedule 1A.
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