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Shark Experience Limited v Pauamac5 Incorporated, Director-General of Conservation and Shark Dive New Zealand Limited - SC 86/2018

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Summary

Civil Appeal – Whether the Court of Appeal erred in its interpretation of the Wildlife Act 1953.

Result

A The application for an extension of time is granted.
B The application for leave to appeal is granted (PauaMAC5 Inc v Director-General of Conservation [2018] NZCA 348).
C The approved ground of appeal is whether the Court of Appeal was correct to hold that shark cage diving is an offence under s 63A of the Wildlife Act 1953.
11 December 2018
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A The application for leave to adduce further evidence is dismissed.  
B The appeal is allowed.
C The Court of Appeal’s declaration that “Shark cage diving is an offence under s 63A Wildlife Act 1953” is set aside.   
D There is no order as to costs.   
11 October 2019

Hearing Transcripts

Related Documents

High Court decision — PAUAMAC5 INCORPORATED v DIRECTOR-GENERAL OF CONSERVATION [2017] NZHC 1182 [2 June 2017]

Court of Appeal decision — PAUAMAC5 INCORPORATED v DIRECTOR-GENERAL OF CONSERVATION [2018] NZCA 348 [4 September 2018]

Leave judgment - leave granted — SHARK EXPERIENCE LIMITED v PAUAMAC5 INCORPORATED [2018] NZSC 121 [11 December 2018] (PDF 185 KB)

Substantive judgment — SHARK EXPERIENCE LIMITED v PAUAMAC5 INCORPORATED [2019] NZSC 111 [11 October 2019] (PDF 254 KB)

Supreme court decision — Cost judgment: DOUGLAS CRAIG SCHMUCK v OPUA COASTAL PRESERVATION INCORPORATED [2019] NZSC 155 [23 December 2019] (PDF 160 KB)