MEETING REPORT
FIORDLAND MARINE CONSERVATION STRATEGY
PRESENTATION

Venue: Holiday Inn, Te Anau

Date: Saturday 6 th September 2003

Chair: John Steffens, Commercial CRA8 fisherman

Duration: 2.0 hours

Attendance: approx 60 people

Most of the audience were commercial fishermen and their representatives (fishing council). The Strategy presentation was sponsored by the Department of Conservation (DoC), Fiordland Lobster and Real Journeys (Fiordland Travel). option4 requested an invitation to attend. David Craze 111 and David Ryan represented option4 at the meeting.

John Steffens, a commercial CRA8 fisherman and chairman of the Guardians of Fiordland's Fisheries (GOFF), opened the presentation. Ngai Tahu and GOFF member Stewart Bull opened with a greeting to all attending. Minister of Fisheries, Pete Hodgson was introduced to the audience. He spoke long and strongly about Laurel Tierney, he described how she contacted, wrote and organised the Guardians.

Mention was made of a meeting held with Environment Minister Marion Hobbs earlier in the day and how they had discussed if special legislation would be required, as they did not know how to implement this strategy released by GOFF. They eventually decided that they, Fisheries and Environment Ministers and their Ministries intention was to implement this strategy with relatively few changes , within two years, that is September 2005.

Pete Hodgson was vehement, he said this GOFF document should be embraced and used by all New Zealanders as a model for fisheries throughout New Zealand .

John Steffens returned to the podium and told those attending that they, GOFF, would not had got to where they are now without Peter Hodgson's help.

Marion Hobbs, Minister of the Environment spoke next. She was last in Te Anau a year ago for the release of the draft. She thanked Laurel Tierney, gave a glowing reference of her work, telling how her Ministry helped fund GOFF. She apologised for the absence of Chris Carter, Minister of Conservation, adding that he and his Ministry is behind, alongside and supporting GOFF.

Ms Hobbs spoke of her attendance at the Reo Conference and how attendees were told to 'Act globally, think regionally' and this is what GOFF had done. Holding up the Strategy Document Marion Hobbs, Minister of the Environment, then categorically stated "it ain't going to be compromised" adding "if necessary it will be secured by legislation"

John Steffens returned to the podium and explained how the term Guardians came from Ngai Tahu and GOFF member Stewart Bull. He spoke further on the Guardian conservation strategy.

Mahara Okeroa MP for Te Tai Tonga spoke. Mark Solomon, Kaiwhakahaere, Ngai Tahu spoke on how he would take the GOFF strategy back to his people of Kaikoura so they too could use it as a model and implement it to protect their fishery.

Southland Regional Council (SRC) chairman Ted Loose, thanked John Steffens and Laurel Tierney, giving Laurel a glowing reference. He spoke of how the SRC had supported GOFF for three years and they were prepared to be the agency to supervise the implementation of the strategy.

Frana Cardno, Mayor of Southland District Council at the podium asked both Marion Hobbs and Peter Hodgson, as Ministers, for support and for the power to implement this strategy and if they could ensure it was implemented sooner than the two years they spoke of.

John Steffens returned to the podium and apologised for the absence of Peter Young, CRA8 fisherman and GOFF member, stating that as this was one of the best years for crayfishing in Fiordland waters he was out there doing it. He spoke further of the increase in crayfish numbers and how both GOFF and CRA8 had achieved this.

Summary.

• GOFF has identified areas, china shops, that could/should become marine reserves.
• Fiordland could become a marine park sometime in the future.
• GOFF have changed nothing in relation to non-commercial fishing rights from the draft.
• GOFF proposed reduction of no-commercial bag limits is suggested by fisheries regulation changes.
• Commercial quota, TACC, is to remain the same. No reduction/change.
• There will be changes to non-commercial methods - no change to commercial fishing methods. Commercial will remain status quo under QMS
• The same incident that has been mentioned at previous meetings is being used in the strategy as an example of what charter/ syndicate boats are doing in Fiordland. A charter vessel returned to land with the passengers having their full quota on board. All catch was checked and verified as being within legal limits. This story is being used as an example of what happens in the area and why the non - commercial limits should be reduced. This incident is no different to a commercial fisher being entitled to and taking his legal quota.
• GOFF and CRA8 state crayfish stocks are improving; the stocks are the best they have been for 10 to 20 years. If this is so, why do non-commercial have to reduce their right?

•  Paua are again mentioned in the strategy release. The comment was made that non-commercial fishermen do generally not take them, as most have dive tanks with them. If this is so, we must ask why GOFF seeks to take away the non-commercial right of accumulation from a few who do wish to take paua in Fiordland. This seems to be a repeat of the aims/goal that commercial PAU5 commercial fishermen tried to introduce in the southern area PAU5. For more information on the PAU5 changes go here »

October 29 th 2003

Thank you for the opportunity to speak with you again today.

option4 have spoken to the Board three times this year with the intention of informing you of what the public are saying regarding marine reserves and marine protection in general. As an independent body representing community interests in their rights to fish for food and marine protection it is only fair we make this effort to share with you what feedback we are getting.

Great Barrier Island marine reserve

I note with interest the comment in the unconfirmed minutes of the August Board meeting that the analysis of the submissions would be available to the public by the end of September. I understand this has been delayed and would like some indication of when the analysis will be available. There is a huge amount of interest in this proposal and in particular the process undertaken by DoC to gather support for the reserve, the process and basis of their analysis of the public feedback.

Public Meetings

Also noted is the comment that the ‘Drop In' meeting held at the Marine Rescue Centre was “ in effect a public meeting”. In no way can that meeting be considered a public meeting in consultation terms. If we look at the definition on effective consultation in the Court of Appeal decision arising from the case between International Airport Ltd and Air New Zealand (CA 23/92, 73/92[1993] 1 NZLR 671). The relevant section of the decision is as follows:

‘Consultation must allow sufficient time, and a genuine effort must be made. It is a reality not a charade. To consult is not merely to tell or present. Nor, at the other extreme is it to agree. Consultation does not necessarily involve negotiation towards an agreement, although the latter not uncommonly can follow, as the tendency in consultation is to seek at least consensus. Consultation is an intermediate situation involving meaningful discussion. Despite its somewhat impromptu nature I cannot improve on the attempt at description, which I made in West Coast United Council v Prebble at p. 405:

‘Consulting involves the statement of a proposal not yet fully decided upon, listening to what others have to say, considering their responses and then deciding what will be done.'

Implicit in the concept is a requirement that the party consulted will be (or will be made) adequately informed so as to be able to make intelligent and useful responses. It is also implicit that the party obliged to consult, while quite entitled to have working plan in mind, must keep its mind open and be ready to change and even start afresh. Beyond that, there are no universal requirements as to form. Any matter of oral or written interchange which allows adequate expression and consideration of views will suffice. Nor is there any universal requirement as to duration. In some situations adequate consultation could take place in one telephone call. In other contexts it might require years of formal meetings. Generalities are not helpful.'

While the Department may consider their obligations to consult less due to the non – statutory phase of the Great Barrier Island marine reserve proposal option4 consider any attempts at consultation should at least meet the requirements of the above legal definition. It is also very important to note that the statutory phase of the marine reserve establishment process does not include consultation with the wider public. For many, what consultation will occur has occurred. We remain firm in our opinion that the Department's efforts to inform the public of their opportunities to be consulted were inadequate.

‘Drop In' Meetings

At the 'Drop In' meetings the public were offered the opportunity to talk to staff on a one-on-one basis and have their opinions recorded. Where have those opinions been recorded and would the Board have access to the records? option4 would like to have a copy of those opinions for our records with any obvious personal information removed.

Marine Reserves

It was very encouraging to listen to the Conservator, Rob McCallum address the Hauraki Gulf Forum on September 17 th and acknowledge the concerns raised regarding the ad hoc nature of marine reserve creation, the lack of strategic approach to marine reserve proposals and concerns around public consultation. The fact that DoC has decided to take a leading role in talking to all of those agencies and the public about how we want biodiversity protected is a great step forward and option4 want to be part of that process. There is a lot more that can be gained by a cooperative approach than any process we have been involved with to date. We look forward to being actively involved and using our networks to engage with the public in a meaningful and consultative manner.

Thank you for your time today

Trish Rea