Affidavits

Judgment

21 Mar 07

(Pdf 190Kb)

Plaintiff's reply statement

Including details of commercial kahawai catch. Around 78% of kahawai catch is taken by the Tauranga based purse seine fleet. 80% of Sanford's catch is exported mainly as bait/petfood. (para 1.1)

Plaintiff's legal submissions

This case has been brought by the plaintiffs as a test case seeking directions as to the nature and extent of the public's recreational fishing rights when setting TACs and TACCs. (para 1.2)          Caution: Large file

Reply Affidavit - John Holdsworth

Any bag limit reductions would have no effect unless they are set very low, and even then, they may be ineffectual. (para 31)       Caution: Large file

Reply Affidavit - Rick Boyd

The effect of using catch history across the board risks entrenching any depletion of stocks that may exist in a particular QMA. (para 35)

Caution: Large file

Reply Affidavit - Paul Barnes

The QMS was introduced along with promises from the government that there would be an improvement in the recreational catch. Rather than the QMS leading to an improvement in the recreational catch, the experience with kahawai has seen the reverse occurring. (para 15)

Caution: Large file

Reply Affidavit - Kevin Rintoul

The absence of schools of kahawai means that sport and game fishers can never rely on kahawai being available.  (para 1.7)

Application for adjournment

The legal team apply for an adjournment for a number of reasons not of their making such as the agreed timetable not being adhered to by other parties, the lack of evidence supplied from the Crown, only one to this date.

Supporting Affidavit - Rick Boyd

No consideration appears to have been given by the Ministry of Fisheries in the FAP or by the Minister to the possibility that the status of kahawai stocks in different areas may not be the same, in spite of the submissions of some sector groups. (para 5.1)

Amended Statement of Claim

Plaintiffs seek a declaration that the Minister's 2004 and 2005 decisions on kahawai TACCs are invalid and of no effect. (para 6.3(a))

Affidavit - Rick Boyd

It is not only the present that needs to be considered, but also the future.   In New Zealand, it appears that not enough consideration was given to the future when the rights-based approach was adopted in the commercial fishery. (para 5.2)                                                     Caution: Large file

Affidavit - John Holdsworth

Using catch history alone is a crude management tool for ensuring fishery sustainability especially for fisheries with a high non-commercial component. (para 22.5)                                             Caution: Large file

Affidavit - Kim Walshe

The Minister's decision based on MFish advice does not seriously recognise or seek to address the effects of sustained purse seine fishing upon non-commercial catch rates over the last two and half decades. (para 14.3) 

                                                              Caution: Large file

Affidavit - Jeff Romeril

The NZBGFC seeks to have a determination of what "recreational interests" are to be allowed for, and a determination of what matters should be taken into account on entry of a fish species to the QMS. (para 14.3) 

                                                              Caution: Large file

Affidavit - Keith Ingram

There is a broad consensus within the recreational fishing sector that all too often the recreation sector has seen its fishing entitlements eroded by the priority needs predetermined by the QMS "catch history" approach. (para 43)                                                                          Caution: Large file

Statement of Claim

Claim filed in the Auckland High Court setting out the grounds for review, errors of law and the relief sought in relation to the Minister's 2004 and 2005 kahawai decisions.                                            Caution: Large file

Affidavit - Raniera (Sonny) Tau

Quite simply if there is to be a cut to a fishery, then our board [Te Runanga A Iwi O Ngapuhi] wants to see food put on the tables of our people, ahead of it being sent to foreign tables or wasted as pet food or Australian Cray bait. (para 43)                     

Ngapuhi process

Process for writing and ratification of Ngapuhi affidavit, by Raniera TeiTinga (Sonny) Tau, in support of the application for review of the Minister's kahawai decisions - the Kahawai Legal Challenge.