Section 13 Timeline of Events

Maori customary interests' in s13 process

An outline of Maori customary interests' involvement in the Ministry of Fisheries' process to amend section 13 of the Fisheries Act 1996.

Supreme Court grants application

The Supreme Court grants leave for the Kahawai Challenge appeal to be heard however, the amendment to section 13 has already been passed into law. The Supreme Court hearing is likely to be in February 2009.

New Fisheries Act takes effect

The Fisheries Act 1996 Amendment Act 2008 is effective as of 28 September.

Royal assent for Bill

Amendment Bill receives Royal assent and is now the Fisheries Act 1996 Amendment Act 2008 (08/96).

Minister's Official Information Act reply

Ministerial approval of some OIA documents. Completion of supply of documents in response to OIA825. Any appeal against the decision to withhold some documents needs to go through the Ombudsman's office.

MFish Official Information Act reply

MFish supply a list of documents in response to the August OIA request. MFish will not supply a Briefing Paper, implications of the ORH1 High Court decision, and four drafts of the section 13 amendment.

Second and Third Reading of Bill

The Fisheries Act 1996 Amendment Bill (No.2) receives its second and third reading in Parliament on September 23rd, essentially the end of the Parliamentary process for the Bill.

option4 Alert #14 - Survey feedback

A selection of comments received in response to the Alert #14 survey. Well worth a read. Then have your say too!

Alert #14 - Sea's bounty at risk from unsustainable practices

Lowering sustainability thresholds in fisheries management is risky because of the potential to increase commercial fishing at the expense of healthy fisheries and the public's access to food......

Media Release

Future fisheries Ministers below sustainability threshold

Non-commercial fishing representatives, both amateur and customary, are adamant the Minister of Fisheries, Jim Anderton, has been thrown a 'hospital pass' with the heavily influenced section 13 advice from MFish........

Dissection and Rebuttal

An analysis of the Minister of Fisheries' media statement in response to the joint non-commercial statement (below), expressing concerns about the Fisheries Act 1996 Amendment Bill (No.2). The Minister's comments are in black. Blue text represents non-commercial's view.

Media Release

Fisheries Ministry Motives Questioned Amidst Sustainability Risks

Non-commercial fishing representatives, both amateur and customary, are raising concerns about the Ministry of Fisheries' motives in rushing legislation through Parliament before the election................

Important questions raised and answered

Sustainable fishing put further at risk?

Why are non-commercial fishers so concerned about the proposed amendment to section 13 of the Fisheries Act 1996?

Who will be affected by the amendment?     Answers here....................

SeaFIC analysis of Amendment Bill

Amendment update by Seafood NZ, a fishing industry magazine. A different spin on what actually happened at the Select Committee hearing.

MFish Official Information Act reply

MFish send three Cabinet Papers in response to the OIA request from the joint non-commercial submitters, the Hokianga Accord, the NZ Big Game Fishing Council and option4. CAB446, 454 & 456 are below. More information to follow.

Official Information Act response

MFish email response advising some OIA information is being sent by post. Some papers need Ministerial approval before release.

Kahawai Supreme Court objections

Industry and MFish/the Minister lodge objections with the Supreme Court opposing the non-commercial application for leave to appeal the Court of Appeal's kahawai judgment. This, despite MFish and the Minister previously accepting the High Court kahawai judgment and paying costs.

Select Committee Report

The Primary Production Committee recommends to Parliament that the Amendment Bill be passed with a few, minor amendments to the text. The major focus on maximum justifiable catch, as opposed to achieving the purpose of the Act, remains intact.

Media Release

Undemocratic collusion of industry and Ministry undermines sustainable fisheries. Media release concerning the proposed section 13 amendment from the Hokianga Accord, the NZ Big Game Fishing Council and option4.

Frequently Asked Questions

What is the issue with the proposed section 13 amendment?

Why are MFish and the Minister advocating urgency to amend the legislation when none exists?

Answers to these and many other questions are available here.............

Official Information Act request

Urgent Official Information Act request from non-commercial fishing representatives sent to MFish Chief Executive, Wayne McNee, asking for a number of documents relating to the development of the section 13 amendment.

MFish report to Committee

MFish departmental report to Select Committee, including analysis of all submissions. MFish rejected most suggestions to amend the draft section 13. Only one submission (Hokianga Accord) raised concerns about the Transitional Provision in clause 5. Most submissions focussed on Clause 4. Report filed after the 11th and prior to August 22nd.

(Caution: Large file 2.1 MB)

Briefing Paper

MFish response to a request from the Primary Production Committee for a briefing on managing stocks above a level that can produce maximum sustainable yield (MSY).

Briefing Paper

MFish clarification of Orange Roughy management, ORH1 and Anton's Seafood Ltd's oral submission to Committee. MFish recommend the Committee do not change the Amendment in response to Anton's submission.

(Caution: Large file 1.4 MB)

Minister's response to SeaFIC legal letter

Minister's response to a request from SeaFIC, via Chapmann Tripp lawyers, for copies of various Cabinet Papers. Papers 446, 454 and 456 supplied.

Select Committee hearing

Primary Production Select Committee hearing in Wellington. A team of five from the joint non-commercial submitters - the Hokianga Accord, option4 and the NZ Big Game Fishing Council - attended the hearing and spoke with the various politicians.

Submissions on the Amendment Bill

Ten parties submitted their responses to the Amendment Bill. The joint non-commercial submitters also provided a supplementary submission following the Select Committee hearing on August 7th. Copies of seven submissions are available here.......

Briefing Paper

MFish response to a question from Primary Production Committee member, Phil Heatley, about whether the Amendment will require increased inforimation not less, and what effect the change will have on the Minister.

SeaFIC analysis of Amendment Bill

Analysis of the Fisheries Act 1996 Amendment Bill (No.2) by Seafood NZ, a fishing industry magazine.

Amendment Bill

Fisheries Act 1996 Amendment Bill (No.2) as introduced to Parlament on 24th July.

MFish letter to option4

Invitation to option4 from the Primary Production Committee, to give evidence to the Select Committee at the hearing scheduled for 7th August. option4 responded confirming its attendance as joint submitters with the Hokianga Accord and the NZ Big Game Fishing Council.

MFish letter to Tangata Whenua

Two-page letter advising tangata whenua the section 13 amendment process is underway, consultation period is short and submissions requested. Page two not supplied by MFish through the Official Information Act request.

Committee Meeting

Meeting of the Primary Production Select Committee, discussion includes the MFish Briefing Paper and the proposal to amend section 13 of the Fisheries Act 1996.

Briefing Paper

MFish Briefing Paper for the Primary Production Select Committee, providing background information on Amendment and its impacts. MFish assure the Committee there will be no change to the balance of the Act. Prepared for Committee meeting on 31st July.

(Caution: Large file 1.0 MB)

MFish letter for approval

MFish recommend the Minister approve and forward the Briefing Paper on the impacts of the section 13 amendment, dated 30th July, to the Primary Production Committee. Anderton approval given 30th July.

First Reading of Amendment Bill continued.....

The first reading of the Amendment Bill continues in Parliament a week after its first introduction. This Hansard record of Parliamentary discussion contains highlighted text, for reference only.

MFish advice of Bill's introduction

Email from Terry Lynch, MFish's Policy Manager, advising six amateur fishing representatives the section 13 Amendment Bill had been introduced into the House, would be referred to the Primary Production Committee and reported back by 25 August.

First Reading of Amendment Bill

Jim Anderton introduces the Fisheries Act 1996 Amendment Bill (No.2) to Parliament on 24th July 2008. The Bill gets the immediate support of the National Party and later the Greens and Maori Party. Hansard record of Parliamentary discussion.

Fisheries Act Amendment Bill

Fisheries Act 1996 Amendment Bill (No.2). This Bill seeks to amend section 13 of the Act and alter the way the Minister of Fisheries sets the total allowable catch (TAC).

MFish section 13 advice

Email from MFish's Policy Manager advising the section 13 amendment proposal is progressing and that a Bill would be introduced into Parliament the following week.

MFish letter to stakeholders

MFish letter to all stakeholders updating information on the proposal to amend section 13 of the Fisheries Act 1996 before the end of the current parliamentary term. Sent by email with the message dated 18 July (above).

Cabinet Meeting

Cabinet Business Committee approve Cabinet Paper 456 and the introduction of the section 13 amendment into the House.

Brief to Minister

MFish paper seeking approval from the Minister to discuss the Amendment Bill drafting and explanatory note wording with SeaFIC. Approved by the Minister 10th July.

Appeal Court application

Application for leave to appeal the Court of Appeal's kahawai decision lodged with the Supreme Court. The Minister, MFish and industry all informed and sent copies of the application.

Cabinet Paper 456

Cabinet Paper 456 from the Minister to the Cabinet Business Committee asking for their approval for the attached Fisheries Amendment Bill to be submitted to Cabinet and introduced into the House (Parliament). Considered by Cabinet Business Committee on 14 July 08.

Cabinet 100

MFish confirmation that both SeaFIC and TOKM had been consulted on the proposed amendment. Signed off by the Minister on July 10th.

MFish letter to Minister

MFish brief to Minister about Cabinet paper 456, which seeks approval from Cabinet to introduce the s13 Amendment Bill into Parliament.

Cabinet Meeting

Minister refers to Talking Points paper in discussions with Cabinet Policy Committee (POL).

'Talking Points' paper

An MFish paper provided to the Minister for an oral item due to be discussed at the Cabinet Policy Committee meeting on 9th July. The paper discusses both the proposed section 13 amendment and that industry support for the amendment was conditional on the withdrawal of the section 10 amendment.

SeaFIC support

Letter from SeaFIC supporting the proposed amendment. Attached to the letter was wording for the amendment, as approved by the SeaFIC Board. SeaFIC also sought the withdrawal of the earlier section 10 proposed amendment.

Cabinet Meeting

Cabinet Policy Committee meet, consider and approve Cabinet Paper 454, from the Minister of Fisheries.

Cabinet Paper 454

Cabinet Paper 454 from the Minister to the Cabinet Policy Committee. In the Minister's opinion, the "proposed amendment is consistent with the recent judgment of the Court of Appeal on kahawai...."

Only new subsection 13(2A) remains, the earlier reference to achieving the purpose of the Act has been deleted from this draft amendment.

(Caution: Large file 1.1MB)

Ministerial approval

The Minister approves Cabinet Paper 454 to be sent to the Cabinet Policy Committee and notes that TOKM and SeaFIC have been consulted on the wording of the section 13 amendment. Also notes the need for urgency due to limited parliamentary days left.

MFish letter to Minister

MFish requesting the Minister's approval of Cabinet Paper 454 to be sent to the Cabinet Policy Committee for their consideration on 2 July 08, regarding the proposal to amend section 13.

Court of Appeal kahawai decision

Court of Appeal kahawai decision released. The Appeal Court takes a ‘global approach’ to the purpose of the Fisheries Act 1996. The Court found that the lack of express reference to social, economic and cultural factors (‘the purpose’) in section 21 (unlike section 13) was relevant to the approach to statutory interpretation of section 21.

Ministerial information request

Nick Churchouse of the Dominion Post sends the Minister a list of 13 questions. MFish provided answers on 21st May. Self governance by the fishing sectors is one topic.

(Caution: Large file 1.4MB)

Meeting with industry

Jim Anderton meeting with Eric Barratt, Peter Talley and Graham Stuart on current fisheries issues, including how to address issues raised by the High Court ORH1 decision.

Briefing note

In-confidence MFish briefing note and material for the Minister prior to meeting with fishing industry representatives on 29/4/08. Discussion points include s13 amendment, bottom trawling methods and cost recovery review.

Briefing Paper

Notes for James Palmer, adviser to the Minister, prior his meeting with Parliamentary parties, outlining the problem with the Fisheries Act and suggested approach to amendment. A draft of two new subsections was included.

Letter to Minister

The Hokianga Accord, in conjunction with the NZ Big Game Fishing Council and option4, write to the Minister of Fisheries and offer to assist in the development of an alternative approach to enable TACs to be set to achieve both the purpose of the Act and more fish in the water.

18 Apr 08

(Pdf 30Kb)

Meeting report

An overview, by non-commercial fishing representatives, of the discussion held during the April 10th meeting with MFish, commercial fishers, environmental and non-commercial fishing interest group representatives.

Joint Wellington meeting

Ten fishing representatives attend urgent meeting in Wellington to discuss a section 13 amendment with four MFish staff. Non-commercial environmental, customary and amateur fishing representatives seemed to have a common desire of increasing the biomass of fish stocks for sustainability and utilisation, as defined in section 8 of the Fisheries Act.

Meeting invitation

MFish invitation to an urgent meeting in Wellington, to discuss the effects of the High Court judgment, the necessity for urgency and the potential form of an amendment to section 13. Included was a discussion document (dated 2/4/08) about proposed changes to section 13.

Discussion document

MFish discussion document describing the background issues and setting out the options to amend section 13 of the Fisheries Act 1996.

Departmental advice

Email from MFish to the Department of the Prime Minister and Cabinet. Advising of issues surrounding the High Court ruling, providing the Briefing note (20/3) and a request to keep the discussions to "relevant government agencies".

Departmental advice

Email from MFish to the Department of Conservation, Ministry for the Environment and Te Puni Kokiri. Advising of issues surrounding the High Court ruling, providing the Briefing note (20/3) and a request to keep the discussions to the email group.

Briefing note

A Briefing note from MFish to other government departments giving a summary of the issues and process for an urgent amendment to section 13 of the Fisheries Act 1996.

Cabinet Paper 446

Cabinet Paper 446 outlining the Minister of Fisheries' proposal to amend section 13 of the Fisheries Act 1996. Initial analysis by the Ministry of Fisheries suggests about 20% of fish stocks are compliant with the High Court judgment.

High Court Orange Roughy 1 decision

High Court judgment in favour of Antons Trawling Ltd, ruling the Minister of Fisheries acted unlawfully when he used section 13(2) of the Fisheries Act to reduce the Total Allowable Catch in Orange Roughy 1.

(Caution: Large file 2.4MB)

Appeal Court decision

Interim Order from the Appeal Court in relation to the challenge from Antons Trawling Ltd to the Minister of Fisheries’ decision to reduce the Total Allowable Catch and Total Allowable Commercial Catch in Orange Roughy 1.

(Caution: Large file 900Kb)