A tiny Maori trust board in the eastern Bay of Plenty has won victory over fisheries giant Sanford, which opposed its plans to establish a massive offshore mussel farm.

The High Court in Wellington has cleared the way for New Zealand’s biggest mussel farm – covering 3800ha off the Opotiki coast in the eastern Bay of Plenty.

Fisheries giant Sanford appealed against a Ministry of Fisheries decision to grant Eastern Sea Farms permission to create one of the world’s biggest seafood farms on the grounds it would adversely affect commercial fishing.

After dealing with a number of appeals under the Resource Management Act following its application in 2001, the company asked the Ministry to actively consider its marine farming and spat catching permit applications.

The Ministry approved a 3800ha block of an original application for a 4750ha farm, with mussel growing lines up to 200m long set 10m below the waves, 5.5km out from shore.

Sanford claimed the Ministry made errors in its decision that the farm would not have an undue adverse effect on fishing and sought orders to cancel the permission.

This month Justice Denis Clifford found against Sanford’s claim effectively giving the green light to the mussel farm.

Eastern Sea Farms director Ian Craig said the board of the mostly Maori-owned company now has to consider its next steps.

A directors’ meeting is planned for early November to discuss the next steps.

Ministry of Fisheries aquaculture manager Dan Lees said the high court decision showed the Ministry was on the right track with its decision making processes.

“It shows that we’ve been making decisions correctly and following the law,” he said.

Eastern Sea Farms is owned by the Whakatohea Maori Trust Board with a controlling stake, Sealord and NZ Sea Farms.

Another Maori-driven project for a 2695ha mussel farm at Pegasus Bay in Canterbury is going through the application process.

Mr Lees said it was hoped a decision would be made before Christmas.

The Ministry has also given final approval for the 1783ha Wilson’s Bay Interim Aquaculture Management Area in the Firth of Thames.

The area has 520ha zoned for shellfish farming with the remainder to be used to access the separate farm blocks.