High Court ruling on dolphins satisfactory

Tuesday, 23 February 2010, 4:51 pm
Press Release: Environmental Defence Society

High Court decision a satisfactory outcome for threatened dolphins

In a decision issued today, the High Court has upheld decisions by the Minister of Fisheries to protect Hector's and Maui's dolphin from set netting. EDS had earlier tried unsuccessfully to enter the proceedings.

"Maui's and Hector's dolphins are threatened and critically endangered so it's a relief to see that the High Court has found largely in their favour," said EDS Chairman Taylor.

"In NZ Federation of Commercial Fishermen v The Minister of Fisheries, the High Court found in favour of the Minister of Fisheries on four points and referred two points back to him for reconsideration.

"The decisions that have been confirmed include:-

• The extension of the set netting prohibition further into the Manukau Harbour;
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• The seasonal 2 nm set net prohibition on the West Coast of the South Island;
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• The 4 nm set net closure outside of Te Waewae Bay on the South Coast of the South Island;
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• The decision not to exempt the targeted fishing of butterfish in the Bluff area.
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Overall, this is a satisfactory decision for Maui's and Hector's dolphins.

"The fishing industry failed to convince the Court that protection was excessive. The Court found that the Minister had properly exercised his powers to protect the dolphins' habitat from set netting.

"However there are two decisions where the Court found the Minister had acted on inaccurate information.

"The Judge found that the proposal to limit set netting between 4 and 7 nautical miles offshore and the decision to not allow butterfish netting at the top of the east coast of the South Island were both based on inaccurate information.

"Both decisions have been referred back to the Minister for reconsideration. EDS will be seeking to discuss the reconsideration with the Minister before he makes his final decision.

"Whilst the decision is on balance good for the dolphins, it's not good to have decisions about them made under the Fisheries Act. We strongly advocate better use of the Marine Mammals Protection Act," Gary Taylor concluded.

ENDS

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Environmental Defence Society

EDS speaks for the environment. It has influence.

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