| Dear
{FIRST_NAME}
Non-Commercial
Fishing Interests Come First, Commercial Last
Months
of waiting are over!
The
Court of Appeal has confirmed the 2007 High Court ruling, that the
Minister of Fisheries must first allow for the non-commercial fishing
interests of Maori customary and recreational fishers and make an
allowance for fishing-related mortality, before he sets the commercial
catch limit in any fishery.
Interestingly, the three Appeal Court judges did not agree that
it was mandatory for the Minister to provide for the social, economic
and cultural wellbeing of people when setting allowances. In summary
they said:
“As
with most aspects of the decision-making role played by the Minister,
the consideration of the wellbeing factor requires a balance of
competing interests, especially in the case of a shared fishery
such as kahawai.”
This
was one of many statements made in the 40-page judgment delivered
on June 11th. The judges agreed with some of the claims made by
both the commercial appellants and amateur fishers, so the ruling
was a mixed result for both.
The commercial claim that the Minister should be required to monitor
and assess the recreational kahawai catch was turned down by the
Court.
The claim by non-commercial fishers that the Minister must have
“particular regard” to the national significance of
natural resources in the Hauraki Gulf Maritime Park, when setting
allowances, was upheld by the Court.
| A
copy of the full Court decision is online, as is an overview
of the decision from our legal team. Visit the Kahawai
website. |
|
Analysis
before next step
The
NZ Big Game Fishing Council, the NZ Recreational Fishing Council,
option4, Ngapuhi and other non-commercial fishing organisations
who supported the legal challenge are eagerly awaiting a full analysis
by Alan Galbraith QC and Hesketh Henry Lawyers before deciding the
next step. There is no automatic right of appeal. Leave to appeal
must be obtained from the Supreme Court by July 9th.
An interesting question remains unanswered,
How
will the Minister comply with earlier decisions to reduce the
public’s catch of kahawai by 25 percent when we catch so
few fish?
This
issue and many others were discussed during an enlightening
interview KiwiFM’s Wammo had with Scott Macindoe, the
Kahawai Challenge’s spokesperson, after the decision’s
release.
Thank you to all the heroes who have supported the Kahawai Legal
Challenge. We will keep you updated on further developments as they
occur.
Regards
From the KLC team.
Fundraising
Dial:
0900 KAHAWAI (0900 52 42 92) to contribute $20 via your phone account.
Online:
Secure
online donation facility here
Post:
Cheques to ‘Kahawai Challenge Fund', c/o New Zealand Fishing News,
PO Box 12-965, Penrose, Auckland.
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