Ocean and Fisheries Minister Shane Jones releases a consultation document on potential fishing regulation reforms. Video / Mark Mitchell
Privacy considerations lie at the heart of the Government’s decision whether to exempt footage captured by cameras on commercial fishing boats from the Official Information Act.
Oceans and Fisheries Minister Shane Jones today released a consultation document on proposed amendments to the Fisheries Act 1996 which included possible options to address industry concerns that footage being able to be obtained by the public risks privacy, revealing commercially sensitive information and threatening the “image of the industry both domestically and abroad”.
Jones, an NZ First MP, spoke of his party’s long-held opposition to cameras on boats but acknowledged his coalition partners, National and Act, believed the practice had become a “permanent feature of the fishing industry”.
His focus now centred on the use of that footage, arguing it should be exempt from the OIA so the footage didn’t “fall into the hands of people that, in my experience, hope to do damage to this valuable industry”.
“That’s the view of a New Zealand First Member of Parliament, it’s not the view of Cabinet, but let’s see what comes out of it,” he said.
“I think it’s fair to say that Mr [David] Seymour, he wants to cede the regulation. I think it’s fair to say as well though that National would be very conscious that somehow I don’t unwittingly fracture the social licence around fishing.
“I think I’m enhancing it, but I accept that my view is only one in a myriad of voices.”
The discussion document, open for consultation until the end of March, cited industry concerns about footage publication including the risk of identifying staff, revealing fishing locations and techniques, and the misinterpretation of bycatch that could be used to “unfairly impact the reputation of fishers and their companies”.
Minister for Oceans and Fisheries Shane Jones doesn't want the footage to negatively impact on the fishing industry. Photo / Mark Mitchell
The Ministry of Primary Industries had responded to 10 OIA requests for footage from on-board cameras, according to the document. It mentioned how some requests had been refused but not how many had been approved.
The document proposed two options: engaging the Ombudsman to ensure its publication practices aligned with the law or making the footage exempt.
The analysis supported the second option when considering privacy and certainty aspects. It did acknowledge a “small reduction of transparency”.
Jones said offences committed by operators should be addressed in court, not “on TikTok” or in the “court of public opinion”.
Asked if the public had a right to the footage, Jones said he didn’t believe in “state surveillance”.
“Does the public have the right to know what’s happening in every cowshed tonight? Does the public have a right to know what’s happening in every egg farm? No, they don’t.”
Prime Minister Christopher Luxon said there was an “issue around privacy” and wanted to hear feedback on the discussion document from stakeholders and the public.
Seymour, Act Party leader, indicated his reluctance to make footage widely available to the public.
“If you want to get to a world where the Government has cameras everywhere and people can then request footage as public information that’s been taken on your private property, I think that there’d be a lot of people who would say, ‘Hang on a minute, I’m not sure we want to go to that world’.”
Labour leader Chris Hipkins said he was open to looking at whether to make the footage exempt, acknowledging the privacy risk.
Another matter set for discussion would be how restrictions on fishing in certain areas conflicted with rights afforded to iwi in Treaty settlements.
Jones spoke of the dynamic in the context of rebuilding fish stocks.
“If we block access from any harvesters to rebuild a fishery, in what circumstances do we leave an entitlement for hapū to continue to access the fishery?
“I don’t want to worsen the debate about Māori Treaty rights, but there are a host of people bringing forward an argument to me, surely a rāhui or a restriction is a restriction for everyone.”
Treaty Negotiations Minister Paul Goldsmith said he understood the argument but wouldn’t speculate on his view, saying he would seek advice on the issue.
Adam Pearse is a political reporter in the NZ Herald Press Gallery team, based at Parliament. He has worked for NZME since 2018, covering sport and health for the Northern Advocate in Whangārei before moving to the NZ Herald in Auckland, covering Covid-19 and crime.
