Judicial Review of Regulations for Geospatial Position Reporting

In a 30 May 2019 Judgment of the New Zealand High Court by his Honour Judge Dobson, the Court denied an application for judicial review of the updated fisheries reporting regulations which seek to update reporting requirements for commercial fishing activities to require geospatial position reporting and to facilitate electronic monitoring of fishing activities. 

The applicant, Commercial Fishers Whanau Inc (CFW), claimed that these regulations impinge on the property and privacy rights of fishers in a manner that the Act does not permit.  The challenge extended to certain circulars issued in relation to the regulations.

The Court dismissed the application, finding that the regulations did not lead to an erosion of the fishermen’s intangible property rights in regard to their secret fishing marks, and finding that there was no “taking” of their rights.  The regulations were seeking to impose more stringent reporting requirements and as such could not be declared ultra vires because “they involve the taking of, or interference with, intangible property rights.”  Further, the Court found that the regulations were not ultra vires the empowering provision of the Fisheries Act and they did not comprise a breach of privacy rights.

Comment: This matter is likely to rumble on, as the underlying question of whether the underlying purposes of the introduction of electronic catch and position reporting (IEMRS) is for monitoring and management purpose or for compliance purposes has not been explored.