| The much-anticipated Kahawai appeal was heard in the Supreme Court, Wellington, on Thursday 12th February.
A decision from the five judges is not expected for several months.
This landmark court case was initiated in 2005 by the New Zealand Big Game Fishing Council and the New Zealand Recreational Fishing Council, and well supported by option4, Ngapuhi, Ngati Whatua and the mid north iwi fisheries forum, the Hokianga Accord. The 2007 High Court judgment was a ‘win’ for non-commercial fishing interests and the 2008 Court of Appeal decision was a partial ‘win’.
These proceedings are the first time that amateur fishers and Maori have worked together, through the courts, to challenge how all fisheries are managed, not just the kahawai species.
It is a mandatory requirement for the Minister of Fisheries to sustainably manage fisheries to provide for their use. Much of the case has been centred around the utilisation aspect of the legislation because this means conserving, using, enhancing and developing fisheries resources to enable people to provide for their social, economic and cultural well-being.
A common objective for non-commercial interests is to achieve more sustainable use of the fisheries so that future generations inherit abundant fisheries and a healthy marine environment.
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