Crown appeals High Court decision on s 28N rights

Despite an overwhelmingly clear judgement from the High Court in March, we were advised that the Attorney-General filed notice last Tuesday that the Crown is appealing the decision of the High Court in Te Ohu Kai Moana Trustee Ltd v Attorney-General.

As you are likely aware, the decision found in favour of Te Ohu Kaimoana in its litigation related to 28N rights under the Fisheries Act, and the enforceability of the Deed of Settlement. Among other declarations, the High Court ruled that the Crown has been in breach of the Fisheries Settlement by confiscating settlement quota without compensation, and that it must remedy that breach.

Our legal counsel are currently working through the Crown’s submission, and we are taking the time to consider next steps. While news of the appeal was unsurprising, it is still very disappointing news. We will continue to update you on upon our next steps.