Industry
Appeal Against Public's Win
Kahawai Challenge team
May
2007
|
Kahawai
Legal Challenge Update New Zealand Fishing News
June 2007
edition |
|
Euphoria
over an emphatic win for more conservative fisheries management
and the public's fishing rights has quietened with the realisation
that further legal proceedings will continue for some time. The
fishing companies involved in the Kahawai Legal Challenge have
filed a notice to appeal the High Court ruling with the Court
of Appeal.
Sanford
Ltd, Sealord Group Ltd and Pelagic & Tuna NZ Ltd have six
months to decide if they will continue with their legal action.
It is understood the Ministry of Fisheries has expressed
some disappointment with the industry's action.
Cross
Appeal
The New
Zealand Big Game Fishing Council and the New Zealand Recreational
Fishing Council have lodged a cross-appeal on a narrow point concerning
the relationship between the fisheries legislation and the Hauraki
Gulf Marine Park Act in response, for the Appeal Court judges
to consider.
In responding
to the appeal, the fishing councils' lawyers will be able to seek
further guidance from the Appeal Court to confirm the legal principles
found for kahawai, and that these principles are applicable to
other species.
One downside
is the costs associated with engaging the legal team and QC for
another six to eight months minimum. Costs to continue involvement
in the Appeal Court process have been conservatively estimated
at $80,000.00.
The fishing
councils could have chosen not to participate. But this would
have left the commercial companies to argue their case with the
Appeal Court. However, it was considered important to support
Justice Harrison's High Court decision that sustainability comes
first and providing for people's wellbeing is a mandatory requirement
when the Minister sets commercial catch limits.
Reaction
to Latest Moves
Richard
Baker of the NZ Big Game Fishing Council said that the appeal
to the Court of Appeal by commercial fishers wasn't surprising
when you consider that the industry parties have had it all their
own way for the last 20 years of the quota management system.
He said
that for the first time non-commercial fishers have had a win
and will need to support the High Court decision - that the Minister
of Fisheries must make decisions which take into account their
social, economic and cultural wellbeing as the starting point,
before there is any allocation to the fishing industry, as specified
by Justice Harrison in the High Court.
“The appeal
is a tactical move by the fishing industry who have benefited
from the quota system, often at the expense of the public's fishing
rights. Unfortunately the appeal will cost both the fishing
councils and taxpayers, as the Minister will need to be represented.
“It is
certainly a David and Goliath battle for our organisations but
one we believe is important to pursue for all New Zealanders,
no matter what the cost. This is because the decision affects
many fisheries that are important to us, including snapper.”
Meetings
are being held by all the groups involved including option4 and
Te Runanga A Iwi O Ngapuhi, who have been supporting the ‘test
case' in recognition of its significance to all non-commercial
fishers.
Baker continued,
“It's back to the cake stalls for us. We cannot keep relying on
the same people to support our work. We would prefer to be spending
our time on more constructive measures to achieve our goal of
more fish in the water but will do whatever needs to be done to
reaffirm the judge's decision, that 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.”
To
Contribute
Please
help the team fund the Appeal Court action by making a contribution.
Every dollar counts and your assistance will be gratefully received.
You can
use the secure online facility
or post a cheque to the Kahawai Challenge Fund, c/o NZ Fishing
News, PO Box 12-965, Penrose, Auckland.
