Under-wharf whitebaiting banned over liability issue

Photo / Mark Mitchell

Under-wharf whitebaiting in Westport will stay banned after legal advice that ratepayers could face fines of up to $3 million.

Westport Harbour Ltd introduced the under-wharf whitebaiting ban last season, citing health and safety risks.

The Buller District Council recently sought further legal advice after talks with the whitebaiters.

Mayor Garry Howard said yesterday that the council had wanted to see if there was any way it could allow whitebaiting at the wharf.

"I'm very disappointed that we can't find a solution that removes the liability from the ratepayers and allows people to get on with things."

The legal advice was that council controlled the whitebaiting stations, which were places of work under the Health and Safety Act.

In those circumstances liability was easily found, Mr Howard said. Even if no harm occurred, the council could be prosecuted for a failure to take all practical steps to keep whitebaiters safe.

The potential penalties were significant.

"Organisations such as the council can face fines of up to $3 million and individuals face up to five years imprisonment and/or $600,000 fines," Mr Howard said.

"These penalties cannot be insured against and any cost would fall straight to ratepayers."