Court dismisses fairer fishing appeal

The case was started when kahawai was brought into the quota management system. Photo / Glenn Jeffrey

The Supreme Court today dismissed an appeal by recreational fishers seeking a fairer division of fish in the quota system.

The judgment ends a landmark court case started by the anglers -- and supported by some Maori interests -- four years ago after kahawai was brought into the quota management system.

Recreational groups argued for a fairer allocation of "shared fisheries", where they compete with commercial trawlers for the same species.

They said the process should take into account the social, economic, and cultural well-being of recreational and Maori anglers.

A majority of the court's five judges ruled that law covering catch allocation levels does not give recreational anglers any priority over commercial fishers in this exercise.

Those judges said the allowance for recreational fishing must be reasonable, but the interests of commercial fishers affected must also be kept in mind.

A dissenting opinion by the Chief Justice, Dame Sian Elias, said the Fisheries Act does not provide for specific allocations of parts of the fish resource among the interested groups, and the Fisheries Minister should deduct an estimate of the non-commercial catch and other fish mortality, from the total allowable catch and then set an appropriate total allowable commercial catch.

- NZPA