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A
Time for Reflection
Kahawai Challenge team
May
2008
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Kahawai
Legal Challenge Update New Zealand Fishing News
June
2008 edition |
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As
summer fades and another ANZAC day passes it is timely to
reflect on what the Kahawai Legal Challenge was about,
what
it sought to achieve and why the KLC team is sitting on
the edge of their seats waiting for the Appeal Court to
deliver its findings in relation to the commercial fishers’
challenge against the 2007 High Court decision.
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The NZ Big Game
Fishing Council, the NZ Recreational Fishing Council, option4
and Ngapuhi are expecting the Appeal Court’s judgment
soon.
The
Objective
Although
the KLC sought to achieve a rapid rebuild of the kahawai
fishery it was not just about kahawai.
The objective was
to seek High Court directions on how the Minister of Fisheries
should make decisions on all fisheries of importance to
non-commercial fishers, including snapper, blue cod, kingfish,
crayfish, paua and scallops. |
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Significance
of the case
Kahawai
is one of the last inshore fisheries to enter the Quota
Management System and nationally significant due to its
ecological value and universal distribution.
After
twenty years of mismanagement, continued depletion through
industrial-scale purse seining and losing access to abundant
schools of the “people’s fish” amateur
fishers of this country finally said enough!
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| 2005 was the
first time amateur fishing organisations joined together
to take legal action to protect the public's right to fish.
Legal proceedings were lodged with the High Court challenging
the Minister's 2004 and 2005 kahawai management decisions.
Sanford Ltd, Sealord Group Ltd and one other commercial
fishing company lodged a counterclaim which sought to reduce
the recreational kahawai allowance and increase their share.
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Outcome
In
late 2006 the High Court heard arguments from amateur and
commercial fishers and also Crown Law, on behalf of
the Minister and Ministry of Fisheries.
Justice
Harrison's judgment was released in March 2007 giving the
amateur fishing organisations much hope in finally achieving
sustainable fisheries management. |
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“On
plain reading of s8 [section 8 of the Fisheries Act 1996] the
bottom line is sustainability. That must be the Minister’s
ultimate objective. Without it, there will eventually be no utilisation.”
The High Court also confirmed that the Minister could set commercial
catch levels at zero but not the allowance for recreational fishers.
Within a month commercial fishers had appealed the High Court’s
decision. The appeal against some aspects of that judgment was
heard in Wellington at the end of February 2008.
As judgment day approaches the KLC team continue to work with
Ngapuhi, Ngati Whatua and other non-commercial fishing representatives
through the Hokianga Accord to achieve the purpose of the Fisheries
Act, as set out in section 8.
That
is, sustainable utilisation of fisheries to meet the needs of
future generations, avoiding adverse environmental impacts and
providing for people’s wellbeing.
Justice
Harrison described wellbeing as, “the state of people’s
health or physical welfare”.
And as the summer sun sets our responsibility to look after the
environment, ensure sustainability and protect every New Zealander’s
common law right to fish does not diminish. It’s a freedom
that our forebears fought to protect.
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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