Update on 28N rights proceedings

In May we advised that the Attorney General filed notice of the Crown’s appeal of the High Court decision in Te Ohu Kai Moana Trustee Limited v Attorney General. That High Court decision found in favour of Te Ohu Kaimoana in our litigation related to 28N rights under the Fisheries Act, and the enforceability of the Deed of Settlement.

What does the appeal mean?

This means we will be back in the court defending the High Court’s decision against the Crown. We also sought a priority fixture, which was granted. However, due to the intensive Court of Appeal schedule, we have been confirmed for a hearing week in June 2026. We have sought for an earlier time if it becomes available.

This appeal does not mean that the High Court decision is stalled

The findings of the High Court in our favour remain active and legally binding on the Crown despite the new legal proceedings in the Court of Appeal. On an important note, the High Court ruled that, It is a breach of the settlement, and by extension the Treaty, for the Chief Executive [of the Ministry for Primary Industries] to appropriate settlement quota from Māori under s 23 of the Fisheries Act 1996without providing redress which preserves the value of the quota Māori acquired as part of the 1992 settlement.

The Court has found the Crown has been in breach of the Fisheries Settlement by way of confiscating settlement quota without compensation and the Court directed that there must be a remedy for that breach by way of redress. The Court did not make any further findings on what should happen in redress discussions, but that they should happen. This means we expect the Crown to work closely with us to remedy the situation.

A project to assess loss is underway

Further to the point above regarding the need to discuss redress, we are currently embarking on a project that will result in a report that will describe, assess and quantify the value of losses incurred by Te Ohu Kaimoana and Māori as a result of the Crown’s breach of the 1992 Fisheries Settlement relating to the operation of 28Nrights.

This report will be intended to be used in negotiations with the Crown for redress for those losses. On this basis, the report should – as much as possible – be based on data and assessments that the Crown and Te Ohu Kaimoana both agree are correct or reliable in order to limit the scope of future disputes. This project is in its early stages, but it is a priority for us, so we are treating this with a sense of urgency.

Alongside the above work, we are committed to ensuring there is no further loss of fisheries settlement assets in the meantime

We have written to Minister Jones and the Attorney-General, including senior Crown officials, to seek urgent clarification as to how the Crown proposes to protect settlement quota and uphold the integrity of the Fisheries Settlement in advance of the upcoming reforms and sustainability rounds quickly approaching. Within this communication, we have reiterated that it is for the Crown, not Māori, to ensure that it does not commit further breaches of the settlement (i.e. through legislative amendment, or through FNZ sustainability rounds).

If you have any questions regarding the 28N rights proceedings, please contact our General Counsel via email at: brianna.boxall@teohukaimoana.nz

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