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Legislative reform is necessary to protect marine ecosystems
High Court gives Akaroa Marine Reserve a second chance but legislative reform is necessary to protect marine ecosystems
The Environmental Defence Society is pleased a High Court decision will require an application for a marine reserve in Akaroa Harbour to be reconsidered by the Minister of Conservation.
The application, made by the Akaroa Harbour Marine Protection Society, sought a 530ha marine reserve in Akaroa Harbour, habitat for many marine species including Hectors Dolphin.
The Minister of Conservation, Hon Kate Wilkinson, considered the Society's application under the Marine Reserves Act 1971, but declined it in August 2010, on the grounds that it would interfere with recreational fishing.
The Akaroa Society sought judicial review of the Minister's decision in the High Court on the basis that she failed to weigh the effects on recreational fishing against the full merits of the proposed reserve.
The High Court found the Minister made an error of law in excluding the wider countervailing benefits of the reserve in her determination of whether the reserve would unduly interfere with or adversely affect any existing use of the area for recreational purposes.
Yesterday's decision by Justice Whata quashed the Minister's decision and ordered her to reconsider the application taking into account the wider benefits of the proposed marine reserve.
"While the decision is welcome, it also highlights the many inadequacies of the Marine Reserves Act 1971," said EDS chairman Gary Taylor.
"The Act does not explicitly recognise the value of a marine reserve for purposes other than scientific study. This is highly unsatisfactory and indicates how outdated the statute is.
"The procedural elements of the Act also need robust review. There is a very broad discretion afforded to the Minister, no informational requirements, requirement for consultation, or for the provision of reasons.
"This decision is timely, as the Government is currently reviewing the Act.
"EDS will shortly release a substantive policy paper that makes the case for fundamental reform of marine protected areas legislation in New Zealand," concluded Mr Taylor.
Akaroa Harbour Marine Protection Society was represented by counsel Robert Makgill and Robert Enright. The Environmental Defence Society and Forest and Bird provided support.
ends
Environmental Defence Society
EDS speaks for the environment. It has influence.
Since 1971, EDS has been driving environmental protection in Aotearoa New Zealand
through law and policy change. That's why it's one of this country's most influential non-
profit organisations when it comes to achieving better environmental outcomes.
EDS has expertise in key disciplines including law, planning, landscape and science. It
operates as a policy think-tank, a litigation advocate, and a collaborator – bringing together
the private and public sectors for constructive engagement.
EDS runs conferences and seminars on topical issues, including an annual Environmental
Summit and the Climate Change and Business Conference.
EDS is a registered charity and donations to it are tax-deductible.
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