Friday, February 8, 2013

Green Party told to Serve on all Right Holders First

The Green Party's Judith Sole was told for a second time that her application to review and set aside the decision by the Minister of Fisheries to allocate a TAC for the current 2013 lobster season was defective as she failed to serve the application on each of the more than 1200 right holders and 1500 interim relief exemption holders.

The Deputy Judge President instructed Ms Sole that she is obliged to serve her papers on each and every one of these interested parties and that the Department of Fisheries could make available to her contact details for each of these parties. Alternatively, Ms Sole could approach the court for an order granting her an alternative or substituted form of service such as advertising her application in newspapers and placing copies of the application in fishery control officers along the coast. But a court order is required first.

Feike had previously stated that Ms Sole's application was fatally flawed on this basis alone. It is unclear if Ms Sole will persist with her application.

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