Kahawai
Legal Challenge Decision - Sweet Success
Kahawai Challenge team
April
2007
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Kahawai
Legal Challenge Update New Zealand Fishing News
May 2007 edition |
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The common law right for
the public to fish under current legislation has been recognised
by the courts in a landmark High Court decision by Justice Rhys
Harrison.
In March Justice Harrison
overturned the Minister of Fisheries' 2004 and 2005 decisions
for kahawai, saying the public right to fish must be ‘allowed
for' by the Minister so as to enable people to provide for their
social, economic and cultural wellbeing.
“After years of having
our rights trampled on the High Court has ruled in favour of claims
by non-commercial fishers that our common law right to fish is
recognised and protected in current fisheries legislation,” says
the Kahawai Legal Challenge team.
They say the High Court
has -
The Minister is now required
to make a new decision for kahawai before October 2007. The status
quo applies until then. Jim Anderton will also need to reconsider
whether there should be a change in bag limits for kahawai.
The court has ruled that
sustainability “must be the Minister's ultimate objective”. For
many of our coastal fisheries this should equate to more conservative
management decisions if information is uncertain and lead to a
rebuild of depleted fisheries, to allow for our children's future
needs.
Aside from more abundant
fisheries, the focus on sustainability and people's wellbeing
should also result in a return to better catch rates. Hopefully
the days of standing on a beach, waiting and hoping one stray
fish goes past maybe numbered.
The High Court's decision
relates to kahawai but it will also be a precedent applicable
to all other species. The decision mentions the loss of access
to other more highly prized species such as snapper.
All parties to the legal
challenge, including the Minister and the fishing industry have
until mid April 2007 to appeal the ruling.
The Court has provisionally
ruled in favour of the New Zealand Big Game Fishing Council and
New Zealand Recreational Fishing Council in awarding a contribution
to costs against the Minister. Full recovery of costs involved
in mounting the challenge is not possible as the award only applies
to a limited scale. All other costs will be met by public and
private contributions to the Kahawai Challenge Fund.
Landmark
case
The judicial review was
a test case to help better define the nature and extent of the
public's right to fish.
This is the first time
the Minister has been challenged in court by amateur fishing groups.
The NZBGFC and the NZRFC took the case to the High Court supported
by option4 and Te Runanga A Iwi O Ngapuhi.
To
Contribute
While this is a huge victory
in the recognition of the public's right to a fair slice of the
fishery, it has come at a big monetary cost.
The challenge was underwritten
primarily by the NZ Big Game Fishing Council, option4.co.nz and
a handful of private backers. If you would like to make a contribution
towards the costs, you can do so via a secure online
facility or by posting your cheque to Kahawai Challenge Fund,
C/- NZ Fishing News, PO Box 12-965, Penrose, Auckland.
For further details phone
0800 KAHAWAI (0800 52 42 92) or email trish@kahawai.co.nz
