Scoop has an Ethical Paywall
Shark cage diving operations closed down by Court of Appeal
September 5, 2018
In a major victory for pāua divers
and the local Stewart Island community, the Court of Appeal
has ruled that shark cage diving constitutes “hunting or
killing” great white sharks and is therefore an offence
under the Wildlife Act.
The Court found that the Director General of Conservation has no power to authorise the activity under the Wildlife Act, effectively putting shark cage diving operations out of business for now.
Storm Stanley, chairman of pāua industry organisation PauaMAC5, reacted with relief. “We’ve been arguing for many years that shark cage diving creates a risk for other users of the marine environment and that it needs to be properly regulated by the Department of Conservation. Our original case was all about protecting public safety.
Because the Court found that shark cage diving is essentially illegal, the judgement did not directly address public safety. However, the judge said that if shark cage diving were able to be regulated under the Wildlife Act, the Director General must give consideration to the possible effects of shark cage diving on local pāua divers. We’re very happy with that outcome.”
The judgement also raises some fundamental policy issues around New Zealand’s conservation legislation.
“We’re interested to see what the Department does now. They have received a clear signal from the Court that the Wildlife Act, which was enacted 65 years ago, is not fit for purpose in relation to controlling activities such as shark cage diving. We look forward to a broad public discussion to help develop a new law that protects species such as great white sharks, while recognising that the range of ways in which New Zealanders and tourists interact with protected wildlife has changed over time and will continue to evolve.”
“In the meantime, Stewart Islanders and pāua divers can look forward to a summer where they feel safer in the water.”
ends
Stats NZ: Petrol And Diesel Prices Continue To Rise In April 2026
Priority one: Regional Deal Strengthens Confidence In The Western Bay Of Plenty
REINZ: Buyer Activity Softens As Living Costs Remain A Consideration Across Key Regions
Better Taxes for a Better Future: Tax Policy Welcome Contribution, But Missed Opportunity To Tackle Wealth Inequality
Google Threat Intelligence Group - GTIG: Google Threat Report Warns AI-Driven Cyber Operations Are Scaling Across Global Threat Landscape
Commerce Commission: Baseline Research Report On The State Of Competition In New Zealand
