Amateur
Fishers File High Court Proceedings
Kahawai
Challenge team
September
2005
Kahawai Legal Challenge
Update New Zealand Fishing News
October 2005 edition
The
New Zealand Recreational Fishing Council Inc and the New Zealand
Big Game Fishing Council Inc have lodged judicial review proceedings
in the Auckland High Court which challenge the Minister of Fisheries'
decision-making over the management and allocation of kahawai
under the quota management system. The two Fishing Councils represent
the many hundreds of thousands of amateur and recreational fishers
from around the country. The case is backed by fisheries advocacy
group "option4".
The
proceedings are expected to be a test case, and will be the first
legal proceedings brought by amateur and recreational fishing
interests under New Zealand's fisheries legislation. The Fishing
Councils are taking the case to protect the fishing rights of
the non-commercial fishing sector. The key objectives of the Court
proceedings are to:
New
Zealand adopted a property-rights based approach to commercial
fisheries in 1986. Amateur and recreational fishing was
left out of this property-rights framework. Many key fisheries
were fished down to low levels before they were included in the
quota management system. When combined with Ministry of Fisheries
policy which favours allocation of fishing rights based on recent
catch levels, the Fishing Councils, and their technical and scientific
advisors believe this over-fishing has led to fisheries management
decisions that are unfavourable and prejudicial to the interests
of non-commercial fishers.
Mr
Jeff Romeril, president of the New Zealand Big Game Fishing Council,
says "Fishing is a nationally treasured pastime. It is part
of what sets the quality of life in New Zealand apart from other
countries. Yet, for over two decades, our members have been reporting
a serious decline in many key fish stocks." He cited a survey
conducted in 2004 which showed that it now takes a recreational
fisher 8 boat trips on average to catch a single kahawai in the
Hauraki Gulf. "The decline in the number and size of kahawai
schools has important flow-on effects to other fisheries,"
said Mr Romeril.
The
Fishing Councils attribute the current low numbers of kahawai
schools to past over-fishing by commercial purse seine fishers
before the entry of kahawai to the quota management system.
Mr
Keith Ingram, the president of the New Zealand Recreational Fishing
Council says that amateur and recreational fishing interests have
in the past simply had to accept that the amount of fish left
available for their use is "the leftovers" after commercial
needs are met. "However, this is a fundamentally flawed
situation, which has led to this test case." Mr Ingram
said "there is a strong public interest factor in the Fishing
Councils bringing the case over kahawai. It is not about
our own interests. This is a case for and on behalf of the fishing
public of New Zealand." He said "it is estimated that
1 in 3 New Zealanders fish either recreationally or for food".
Most amateur fishing in New Zealand is "as much about putting
fresh seafood on the family table as it is about recreation."
Keith
Ingram said there was recognition by the Minister of Fisheries
that there was a problem in that the Minister had recently announced
a new policy to manage fish stocks above sustainable levels. However
this policy is not yet firmly established, and at present, existing
case law leaves unanswered questions about how the Minister of
Fisheries is required to make decisions affecting amateur and
recreational fisheries, especially where there is not enough known
about sustainable stock levels.
The
Fishing Councils have decided to bring the proceedings as a test
case to clarify the legal situation, and in the hope that the
proceedings will result in future decision-making which will improve
catch rates for non-commercial fishers.
Fund
Raising
The
fund raising team are buoyed by the support flowing in. Every
booklet returned has its own unique personality – some are
filled with orders for T- shirts, people asking for their own
booklets and generous donations. Others have modest contributions
and messages of support – every investment counts. Barry
Kearney has done it again with the assembly and sale of bags of
goodies. His latest $3000 result brings his result to just over
$5000 for the Kahawai Legal Challenge. This is a huge result from
a man who set himself a goal and went about delivering. “Utter
Chaos” charters are THE way to go – give Barry a call
on 027 297 3141.
Remember,
if you would like to get stuck in and help raise the money to
support this challenge simply call 0800 KAHAWAI (52 42 92) and
the booklet, T-shirts and bracelets can be on their way to you
that day.
Alternatively
a call to 0900 KAHAWAI (52 42 92) will see $20 effortlessly contributed
through your phone account. Every dollar counts.
How
You Can Help
If you have not received
a campaign booklet please give the kahawai team a call on
0800 KAHAWAI (52 42 92).
Order your Support Pack
including campaign booklet online at https://www.kahawai.co.nz/book_form.php
To make an automatic
$20 donation please dial 0900 KAHAWAI (52 42 92). This will be
billed to your telephone account.
Email the team at contact@kahawai.co.nz
