Kahawai Challenge Supreme Court hearing

Media note

February 2009

Kahawai Challenge Supreme Court hearing

The much-anticipated Kahawai Supreme Court appeal hearing is scheduled for this Thursday 12th February, 10 am to 4pm at the Supreme Court in Wellington.

This appeal against the 2008 Court of Appeal decision is the culmination of the challenge to the Minister of Fisheries earlier decisions when kahawai were introduced into the quota management system.

Recreational fishing groups initiated this landmark court case in 2005. They gained a win in the 2007 High Court and a partial win with the Appeal Court’s 2008 judgment.

It is the first time that recreational fishers and Maori have worked together, through the courts, to challenge how all fisheries are managed, not just the kahawai species.

The challenge is being spearheaded by the New Zealand Big Game Fishing Council and the New Zealand Recreational Fishing Council and is widely supported by lobby group option4, Ngapuhi. Ngati Whatua and the Hokianga Accord - the mid north iwi fisheries forum.

The common objective is to achieve more sustainable use of the fisheries so that future generations inherit abundant fisheries and a healthy marine environment. Also have proper regard to the social, economic and cultural wellbeing of the people - a mandatory consideration in the Fisheries Act 1996.

The non-commercial fishing groups consider this Supreme Court hearing as a last-ditch effort to save the fisheries and environment for future generations of New Zealanders.

Date: 12 February 2009
Time: 10am to 4pm
Venue: Supreme Court, 2 Molesworth Street, Wellington, basement level.

Background to Kahawai Legal Challenge

In March 2007 the High Court found that the Minister of Fisheries decisions on entry of the kahawai species to the quota management system in 2004 and 2005 were unlawful.

This was an important win for recreational fishers who brought the case known as the Kahawai Legal Challenge.

The findings against the Minister included the fact that a total allowable commercial catch for kahawai had been set without having proper regard to the social, economic and cultural wellbeing of the people - a mandatory consideration in the Fisheries Act 1996.

The judicial review proceedings were lodged as a test case. The case is the first legal proceedings by recreational fishing interests since the introduction of the quota management system.

In April 2007 three of New Zealand’s largest commercial fishing companies Sanford Limited, Sealord Group Limited and Pelagic & Tuna NZ Limited appealed the historic High Court decision made by Justice Harrison.

The Court of Appeal judgment was released in June 2008. The Appeal Court’s decision was mixed, with a win for both the commercial appellants and the respondents. Some aspects of the Appeal Court’s interpretation of the relationship between different sections of the Fisheries Act 1996 forms part of the Supreme Court challenge.

ENDS

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