Kahawai Challenge NZFW Update Feb 2006              Kahawai Challenge team              16th February 2006

This update was originally published in the March/April edition of the NZ Fishing World magazine

At a time of year when many Kiwis are enjoying their fishing, a legal showdown is shaping up off the water in the form of a test case brought by the NZ Recreational Fishing Council and the NZ Big Game Fishing Council. They hope to obtain a High Court decision, which will better define the public’s right to fish. The case is backed by option4 and supported by Ngapuhi. In a move that is expected to “up the ante”, the commercial fishing industry have issued a counterclaim against the Minister of Fisheries.

 

This case is very important because it is the first time recreational fishers have sought a declaratory judgment. The main goal is to clarify how fisheries are allocated between commercial and non-commercial fishers. It is expected the outcome will have an impact well beyond kahawai and strike at the core issue of allocation and who has what rights to our fisheries.

 

Mr. Keith Ingram, President of the New Zealand Recreational Fishing Council said “this case is not just about the humble kahawai, it is about how the Minister takes into account the public’s right to fish under the fisheries legislation”.

 

Mr. Jeff Romeril, President of the New Zealand Big Game Fishing Council, says “our club members have reported a huge decline in the availability of kahawai from the late 1980's.  I believe it is unfair that recreational fishers are made to suffer because commercial companies continually fish to extract the maximum possible yield in shared fisheries”. 

 

option4 project leader Paul Barnes says “when fisheries need rebuilding the commercial sector demand proportional cuts are also made to recreational catches or they want compensation. These proportional cuts are often unfair because recreational fishers are being ‘punished’ for problems caused by excessive commercial fishing”.

 

Mr. Sonny Tau, chairman of Ngapuhi, said, “the vast majority of the time Maori go fishing, it is to feed our whanau (families). When we do this we are categorised as recreational fishers. This is why we have joined the legal action”.

 

Both Fishing Councils believe excessive commercial fishing has obviously caused the decline of kahawai. The Councils have decided to bring the proceedings as a test case to clarify the legal situation, and in the hope that the proceedings will result in fairer decision-making process in future.

 

The Kahawai Legal Challenge is a worthy cause. If you would like to help win this critical case please get involved, there are many ways you can help.