The High Court has issued a ruling over the Government quota management plan for Northland's cray-fishing zone.
The High Court has issued a ruling over the Government quota management plan for Northland's cray-fishing zone.
Northland’s cray-fishing zone is likely to be divided into at least two parts after the High Court rejected a revised government quota management plan.
In a decision released this week, Justice David Boldt found the updated Ministry for Oceans and Fisheries proposal did not address an urgent marine crisis in the eastern part of the CRA1 zone, which extends from the Kaipara Harbour on the west coast around North Cape and then south to Te Arai Point.
The court, in November 2022, directed the ministry to revisit its original plan closely focussing on the eastern side of the zone where kina have exploded in numbers because of depleted crayfish stocks and have decimated kelp forests.
Kelp forests are recognised as important nurseries for other sea species.
Justice Boldt, in his decision, said he expected a third version of the plan - due out shortly - would be more nuanced and effective, incorporating a range of options including the division of the overall fishery into parts with different rules.
“It’s an obvious solution, fully supported by experts.
“The ministry has been working diligently to map the kina barrens, making it viable for the minister [Shane Jones] to consider closing particular areas within the fishery entirely. Other steps, such as the targeted removal of kina, are also under consideration,” the judge said.
The court’s decision is a second win on the issue for the Environmental Law Initiative and Northland hapū Te Uri O Hikihiki, Ngāti Hau and Ngāti Kaharau Hapū ki Hokianga.
The revised plan, released in March 2023, resulted from the law initiative and hapu representatives obtaining a judicial review of the total allowable catch limits then-Minister David Parker set for the 2021/22 and 2022/23 fishing years.
In those earlier proceedings, Justice Peter Churchman criticised the minister at the time (“or, more accurately, the officials advising him”) for mis-stating the devastating effect the loss of crayfish off the east coast had on the once-abundant kelp forests on the sea floor.
The judge found Parker had acted unlawfully by breaching his duty under the Fisheries Act 1996 to maintain or restore fish stock at sustainable levels.
The revised March 2023 plan, released by newly incumbent minister Stuart Nash (who took over from Parker, who left in February that year), tried to address the deficits Justice Churchman identified by further reducing the total catch limit from 193 tonnes to 172 tonnes, or 11%, for recreational fishers and from 105 tonnes to 89 tonnes for commercial operations.
However, those cuts still could not address the need for urgent action over the widespread kina barrens in eastern Northland, the law initiative submitted in the latest proceedings. The minister had chosen a response that would make no material difference to the problem, it said.
Kina barrens are a sure sign that marine life is badly out of balance. The Ministry for Oceans and Fisheries is introducing new tools to help restore kelp forests decimated by an explosion in the kina population. Photo / Supplied
Justice Boldt agreed.
Expert evidence showed an 11 per cent total allow catch (TAC) limit reduction would do nothing to reverse kelp forest loss.
“Overall TAC reduction is less important than measures that ensure crayfish populations increase significantly in areas where kelp has been lost or kelp forests are under particular stress. Other parts of the fishery - notably the areas of Northland’s west coast- are under little or no pressure. A reduction in TAC is a blunt tool, and there was ample information to indicate it would have little effect where it was needed,” Justice Boldt said.
However, the judge acknowledged the minister had not been presented with the best available information.
“The minister’s advisers offered him four options, none of them based on the best available information, and none of them capable of achieving the objective he had set for himself. The option he chose damaged the interests of commercial operators (90% of who fish on the zone’s western coast) without delivering any environmental benefit,” Justice Boldt said.
The judge said it was important this case didn’t become a trilogy for the court.
“In 2023, the former minister correctly recorded that a suite of measures will be required to address the problem of kina barrens, and it appears there is every reason to be confident the (current) minister will adopt a more effective and nuanced approach this year,” Justice Boldt said.
The judge ruled the revised 2023 plan would remain until the new plan “due out shortly” was introduced.
Asked on Friday when that might be, Fisheries New Zealand (FNZ) director of fisheries management Emma Taylor said: “A formal stock assessment of the Northland rock lobster fishery (CRA 1) is due later this year. If this results in a review of the catch settings, it will be undertaken as part of our regular sustainability review for the April 1, 2026 fishing year. Any proposed changes would go through the usual process including public consultation.”
Taylor confirmed FNZ had been doing work to address kina barrens in CRA1.
“We will be seeking ministerial direction in March (2025) on which measures will be progressed.”
Sarah Curtis is a news reporter for the Northern Advocate, focusing on a range of issues. She has nearly 20 years’ experience in journalism, much of which she spent court reporting in Gisborne and on the East Coast. She is passionate about covering stories that make a difference, especially involving environmental issues.
