Te Ohu Kai Moana v Attorney-General - [2025] NZHC 657

Date of Judgment

27 March 2025

Media releases

Decision

Te Ohu Kai Moana v Attorney-General (PDF 480 KB)

Summary

High Court declared Crown was in breach of its obligations under the 1992 fisheries settlement. Māori received fishing quota as part of 1992 settlement. The breach arose from Crown's failure to offset losses caused by the mandatory confiscation of settlement quota under s 23 Fisheries Act 1996. High Court found Crown and Māori intended transfers of settlement quota would be permanent and not subject to reappropriation without compensation. Obligations under settlement have ongoing legal force. Crown's affirmative defences rejected.