Northern Territory Chief Minister Natasha Fyles has apologised to the ABC after the government threatened the media outlet with legal action over leaked draft documents.
The documents relate to ongoing negotiations over future fishing rights in Aboriginal waters across the Top End.
They were drafted by a government department and sent to Fisheries Minister Paul Kirby in the lead up to a December 31 deadline, when an existing access agreement with the Northern Land Council expires.
The draft documents describe that agreement as "flawed", "lacking in transparency", and "heavily skewed" in favour of traditional owners, with "no consideration" of recreational fishers and the commercial seafood industry.
After the ABC sent questions to the minister on Monday, it instead received a letter from the office of the Solicitor for the NT.
It said that unless the ABC immediately agreed not to disclose allegedly confidential material, it would seek an urgent court injunction to prevent publication.
But 24 hours later, the government's lawyers wrote again to say they were now instructed not to seek an injunction.
"That letter should never have been sent," Chief Minister Natasha Fyles said on Wednesday.
"And I apologise to you as a journalist and to the ABC."
Probe underway into 'serious breach'
Ms Fyles said investigations are now underway to find the source of the leak and to understand why the legal threat was issued.
"The leaking of that document is a serious breach that is being investigated," she said.
"But that document was not a final version and that's not the view of the cabinet and the ministers."
While Ms Fyles would not disclose why the government backflipped on the threat of a court injunction, Mr Kirby told the ABC's Country Hour there had been "confusion" over a request for legal advice.
"Given the legalities around cabinet documentations, I had to get some legal advice around what was and wasn't able to be discussed in the public domain," Mr Kirby said.
"And then there was some confusion around whether that advice was just to be sought, or was to be passed on."
Mr Kirby also confirmed he had issued his own apology to the ABC.
"I rang the journo involved and apologised for any misunderstanding," he said.
"Accidents happen, and it absolutely was an accident."
Government 'secretive and defensive': Opposition
But the NT Opposition Leader, Lia Finocchiaro, said it showed the government was afraid of scrutiny.
"I know this government goes to great lengths to avoid transparency and scrutiny," she said.
"But the fact that it was coming after the ABC for writing a very valid story just shows how secretive and defensive this government is."
The story about the government's legal threat broke amid ongoing negotiations with the NLC about fishing access arrangements in Aboriginal waters from next year.
Mr Kirby revealed he had contacted the NLC's chief executive to alert him about the impending story.
"I spoke to Joe Martin-Jard just yesterday to explain there had been some information that had not been sanctioned by our office, and was not a government document in any way, shape, or form, that was going to make its way into the public realm.
"And in no way (did it) tarnish our relationship with the land council."
In a statement, the NLC said it was continuing to "engage positively" with the NT government ahead of the December 31 deadline, when permit-free access is set to end.
The Amateur Fishermen's Association of the NT (AFANT) said traditional owners have the right to decide who enters their waters, but it remained concerned about the lack of clarity over future fishing access.
"What we haven't seen is any progress on certainty of access for other fishery stakeholders like recreational fishers, and with two months to go, it appears like there is unlikely that any progress will be made," AFANT CEO David Ciaravolo said.
