Fisheries decision shows Fish Act is 'hopeless'

A decision that stopped a fishery being closed in 2008 risked judicial extinction of a species of dolphin, Progressive leader and Wigram MP Jim Anderton says.

A High Court judge has today decided a case brought by the fishing industry against Jim Anderton’s decision, as fisheries minister, to close some fisheries to protect rare and endangered species of dolphin.

The fishing industry won an injunction in 2008 against the closure in some parts of the coastline. The judge has taken until now to decide the case.

The injunction meant the fishery remained open in spite of the fact that an acknowledged risk to the species existed from continued fishing.

“Since the injunction was granted I understand at least one more dolphins has been caught. Big fishing companies, through their court action, risked judicial extinction of an entire species of dolphin,” Jim Anderton said.

The High Court today upheld the original decision in the Manukau harbour, West Coast of the South island, Te Waewae Bay and Bluff.

“It’s too easy for self-interested applicants to get an injunction that threatens a species’ survival.

“I couldn’t change the Act to ensure sustainability because of the influence of big fishing money on political parties.

“Two years have gone by while the dolphins were at risk, only for it to turn out that the judge found the original decisions were justified.

“A ministerial decision to close the fishery can only be made after substantial scientific evidence is compiled and enormous amounts of evidence and advice weighed. It’s hopeless for a Judge to be able to come in and substitute his decision for the original one. Decisions to close the fishery should only be set aside when the minister’s decision is manifestly unreasonable.

“In 2008 I tried to change the law to ensure the sustainability of our fisheries. Those efforts were thwarted by NZ First, National and the Maori Party. It later emerged that NZ First had taken $9990 secret ‘donations’ from big fishing. I believe the Maori Party and the National party need to disclose whether they have accepted donations from those interests as well.

“The fishing industry’s behaviour is grotesque and selfish. Enormous damage would be done to New Zealand’s exports if a species went extinct on our watch, but those who took the injunction were clearly putting their own interests first,” Jim Anderton said.

ENDS

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