As
Committed As Ever
Kahawai Challenge team
October
2007
|
Kahawai
Legal Challenge Update New Zealand Fishing News
November 2007
edition |
|
As we count down to the February 2008 Appeal Court hearing the
NZ Big Game Fishing Council and other non-commercial fishing representative
groups are 100 percent committed to defending, on behalf of all
New Zealanders, the appeal by the commercial fishers against the
High Court kahawai decision.
As a contribution towards the cost of the appeal over $450.00
was raised at the recent NZBGFC Annual General Meeting at the
Whakatane Sportfishing Club.
On top of that the Whakatane Club contributed $1,000.00 to the
final evening’s function and asked that the NZBGFC’s
Presidential sponsorship of $800.00 go directly to the Kahawai
Challenge Fund.
These funds will go towards paying the legal costs associated
with the Appeal, which are expected to be around $80,000.00.
Court
hearings
The High
Court judicial review of the Minister of Fisheries’s 2004
and 2005 kahawai decisions was strongly supported by option4 and
Te Runanga A Iwi O Ngapuhi (TRAION), in recognition of the significance
of the ‘test case’ to all non-commercial fishers.
option4 has spearheaded the fundraising campaign and the affidavit
from TRAION’s Chairman, Raniera (Sonny) Tau has proved
to be a pivotal document. It is one of the most sought-after records
online.
After
considering the evidence and legal argument put before the High
Court in late 2006, Justice Rhys Harrison released his decision
in March this year. He found that the Ministry of Fisheries (MFish)
had not properly advised their Minister which led to the Minister’s
decisions for kahawai not taking into account manadatory considerations
- sustainability comes first, and decisions that enable people
to provide for their wellbeing.
The Court directed the Fisheries Minister to make fresh decisions
taking into account the matters raised by the High Court.
Although the Minister and MFish accepted the Court’s decision,
Sanford Limited, Sealord Group Limited and Pelagic & Tuna
New Zealand Limited appealed against the ruling. At the request
of the Court the appellants, Sanford Limited and others, refined
their points of appeal.
Both the NZBGFC and NZRFC have lodged a cross-appeal concerning
the relationship between Fisheries Act and the Hauraki Gulf Marine
Park Act to obtain further guidance from the Court on fisheries
management processes in the Fisheries Act for kahawai and other
fish species.
The Appeal Court hearing is set down for the 26th and 27th February
2008.
Legal
representation
Amateur
fishers have been fortunate to have had the services of two Queen’s
Counsel. Firstly Lyn Stevens QC now Mr Justice Stevens after his
appointment to the High Court, and more recently Alan Galbraith
QC. Both have been supported by David Connor (initially) and Stuart
Ryan of Hesketh Henry Lawyers.
The Kahawai Legal Challenge team are grateful to all legal counsel
and their teams who have worked diligently and generously in this
‘public good’ case.
Kia kaha to you all.
