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Appeal
Court Challenge Brings Enthusiastic Support
Kahawai Challenge team
March
2008
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Kahawai
Legal Challenge Update New Zealand Fishing News
April
2008 edition |
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It
was a boost for the team returning from Wellington’s
Appeal Court hearing to learn that several notable contributions
have been received into the Kahawai Challenge Fund. |
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include another contribution from the Marlborough Recreational
Fishers Association, this time $3,500 was raised by selling
raffle tickets.
The
Wanderers Surfcasting and Angling Club of Henderson, Auckland,
has sent $100 collected from their members.
Glenfield
resident David Casey took a bundle of kahawai t-shirts to
the recent Browns Bay fishing competion and sold the lot!
This
effort is uplifting the people committed to defending the
High Court’s Kahawai Challenge decision.
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Hesketh
Henry Lawyers and Alan Galbraith QC have been representing
this ‘public good’ case for over two years.
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Commercial
fishers heard in Court of Appeal
Three
Court of Appeal judges heard the commercial fishers’
appeal on February 26th and 27th.
The
Court has reserved it’s decision.
From
an amateur fisher’s view it was very interesting
to sit in the back of the Court and witness the interplay
between the judges and the lawyers presenting the legal
arguments for the appellants, amateur fishers and Crown
Law.
"At
times the two-day hearing felt like a roller-coaster ride,"
said Scott Macindoe of the Challenge team.
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In a surprise move before the hearing, the Crown Law office acknowledged
the Minister’s original decisions for kahawai in 2004 and
2005 were wrong, and that allowing for amateur interests needed
to take into account a wider range of considerations than just
catch history. This was hotly contested by the commercial fishers
represented by Sanford’s and Sealord’s.
The KLC team argued that the Minister has a legislative requirement
to manage fisheries sustainably, to enable people to provide for
their social, economic and cultural wellbeing.
Hauraki
Gulf
Submissions
from the NZ Big Game and Recreational Fishing Councils addressed
the Hauraki Gulf Marine Park Act 2000. This Act has to be taken
into account when making decisions under the Fisheries legislation.
The Gulf is within Kahawai Management Area 1 (KAH1).
Both Councils have made numerous submissions since the early 1990’s
about the degradation of the kahawai fishery.
NIWA surveys have indicated the lowest catch rates of kahawai
in the Gulf since 1991. Kahawai is generally taken as a bycatch
of the snapper fishery, but these days only one kahawai is caught
for every eight boat trips. It takes 100 fisher hours to catch
one kahawai in the Gulf!
In addition to poor size and catch rates, environmental concerns
have been raised in relation to inter-dependent species. The loss
of kahawai schools has deprived many people the thrill of watching
fish boiling on the surface attracting ‘kahawai birds’
from seemingly all corners of the sky.
The final outcome in terms of the legal principles applied by
the Ministry is very important for clarifying the nature of the
amateur fishing right, and how this applies to fisheries of significant
interest to recreational fishers. Fisheries in this category include
kahawai, snapper, blue cod, kingfish, crayfish and paua.
The Appeal Court decision is eagerly awaited and may be out by
the end of April.
Watch
this space!
Protecting
your fishing rights
Your
ongoing access to kahawai, snapper, blue cod, kingfish, crayfish
and paua could all be influenced by the outcome of the Appeal.
If you want to contribute to the defence please:
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Dial 0900 KAHAWAI (0900 52 42 92) to automatically donate $20
via your phone account
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Contact Jo Harris on 0800 KAHAWAI (0800 52 42 92) for larger
amounts.
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Cheques
to the ‘Kahawai Challenge Fund’ can be sent to New
Zealand Fishing News, PO Box 12-965, Penrose, Auckland.
Thank
you to all previous contributors, the team appreciates your ongoing
support.
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