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Kahawai
are truly the "people's fish"
Kahawai Challenge team
June
2008
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Kahawai
Legal Challenge Update New Zealand Fishing News
July
2008 edition |
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| From
the first meeting with Hesketh Henry Lawyers in 2004 until
now, as we await the Appeal Court’s decision on the
commercial fishers’ challenge against the 2007 High
Court kahawai decision, one debate has been nullified:
kahawai
are truly the “people’s fish”.
Support
for the Kahawai Legal Challenge has been nationwide.
People
from the deep south to Northland have sent messages of support
and money to the team committed to defending the public’s
interest in abundant fisheries and a healthy marine environment.
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It
is very heartening to realise there are so many people wanting
to protect their right to fish and that of their children.
The
NZ Big Game and Recreational Fishing Councils have been
strongly supported by their members, option4 and the Hokianga
Accord including Ngapuhi and Ngati Whatua, who all highly
value kahawai.
It
is both humbling and a special privelege to receive a donation
from an 80-year old who remembers ‘when kahawai schools
went as far as the eye could see’, or the contribution
from a five-year old who has saved their month’s pocket
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Campaign
costs
Even
allowing for discounted rates and significant pro bono
contribution by the Queens Counsel and legal team, associated
costs have exceeded half a million dollars to date.
These
combined with the campaign expenses has meant a huge commitment
from all involved. Included in this list are Lyn Stevens
QC and more latterly Alan Galbraith QC, Hesketh Henry’s
legal team, the management committees of the non-commercial
fishing organisations leading the process and the New
Zealand Fishing News team, without whom we would not have
been able to bring you these regular Updates.
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It
is not just about kahawai
While
rebuilding kahawai numbers was a prime objective, the long-term
goal was to have the Court rule 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.
A
bonus
The High Court’s decision, released in March 2007,
not only confirmed that commercial catch limits could be
set at zero but also reinforced the public’s well
settled common law right to fish and provide for their needs.
Justice Harrison went on
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to
say, “That right has particular value in a country where
easy proximity to the sea in a temperate climate contributes to
the popularity of fishing as a recreational pastime”.
So it is a welcome relief to hear recent reports that kahawai
schools are returning, although the numbers and size of fish are
down when compared to previous years. Seasonal factors could also
be an influence on the increased abundance however, these are
encouraging signs.
There is still a notable absence of kahawai birds in many areas,
which is an ongoing concern for the overall health of our marine
environment. Kahawai’s ability to herd bait fish to the
surface and thus attract feeding birds is a well-known fact.
A return of wheeling, screaming flocks of birds over schooling
kahawai will hopefully not be too far away but probably further
in the future than the pending Appeal Court decision.
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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