Data source
Date of text
31 Dec 2006
Original language


Type of text
National - lower court
Reference number
EAP No.4 2008/9
Court name
Environmental Commission
Gift R.

This is an appeal between fishermen and the Environmental Management Authority.

The Environment Management Authority allowed for Seismic Surveys to be conducted without a relevant EIA being conducted. The fishermen claim this has had an adverse impact on fish stocks as it effected the life span of the fish and their nesting grounds.

The original case found that the subcontracted party was responsible for the EIA of the seismic surveys. The environment management authority was also found to have breached their duty under section 16, 36, 37 and 40 of the Environment Management Act 2000. They were found to have acted beyond their legal power.