Crayfish case #2: restoring crayfish numbers in Northland
ELI v Minister for Oceans and Fisheries
We challenged the Minister on the Total Allowable Catch decision for crayfish in Northland, and we won.
In February 2025 ELI, Ngāti Kaharau and Ngāti Hau Hapū ki Hokianga won a High Court case challenging the Minister for Oceans and Fisheries’ 2023 crayfish catch decision for the Northland crayfish (CRA1) fishery. The judge found that the Minister’s decision was unlawful and ineffective in addressing the growing kina barren crisis.
The judgment also found that the Minister failed to adequately consult Ngāti Kaharau and Ngāti Hau Hapū, breaching section 12 of the Fisheries Act, which requires active collaboration of Tangata Whenua in fisheries decisions.
What does this win mean?
This is the second successful case brought by ELI against the Minister and Fisheries NZ regarding crayfish catch limits. In both cases, the message is clear. The Minister and Fisheries NZ must set limits based on the best scientific evidence, that support the long-term sustainability of the crayfish population and the wider ecosystem. The scientific evidence is very clear; large scale spatial closures are needed to restore crayfish populations.
What happens next?
The Court has given a strong directive to Fisheries NZ to get it right so that crayfish populations and the coastal ecology will be restored. Justice Boldt urged the Minister to act swiftly, stating, “This case is a sequel. It is important it does not become the second part of a trilogy.”
Case timeline
October 2022 — ELI wins case, court directs the Minister for Oceans and Fisheries to remake the total allowable catch.
August 2023 — ELI and Ngāti Hau me Ngāti Kaharau file proceedings for judicial review of the Minister’s 2022/23 total allowable catch decision for Crayfish in Northland.
August 2024 — Case heard in the Wellington High Court.
February 2025 — High Court Judgement announced. ELI wins case.
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In October 2022, ELI and Te Uri of Hikihiki hapū won a High Court case challenging the 2021 and 2022 total allowable catch decisions for rock lobster in Northland. The Minister for Oceans and Fisheries was ordered to remake the most recent decision basing it on the best available information, considering the wider impacts of crayfishing on the marine environment, and taking a precautionary approach.
In the remade decision, the Minister decreased the total allowable catch for crayfish in Northland by 11 per cent. This reduction falls well short of what is necessary to restore balance to the coastal ecosystems of Northland.
That’s why the Environmental Law Initiative and Ngāti Hau me Ngāti Kaharau returned to the High Court in 2024, challenging the re-made Total Allowable Catch (TAC) decision, in part, on the basis that:
Proposed (and chosen) TAC options do not reflect the Fisheries Act's purpose and principles – particularly the environmental principles and sustainability purpose
In making the decision, the Minister took into account hypothetical future sustainability measures, which were irrelevant considerations
The decision was unreasonable because it was not supported by evidence.
The Minister failed to provide for the input and participation of Ngāti Kaharau me Ngāti Hau
The Minister failed to have particular regard to the kaitiakitanga of Ngāti Kaharau me Ngāti Hau.
Our key concern is that Fisheries New Zealand continues to ignore key parts of the law which demand a more ecosystem-based approach to fisheries management.
Our vision is for lawful, evidence-based decision making. Item description
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Around New Zealand, including in Northland, kelp forests are declining rapidly, with ‘kina barrens’ forming in their place. Kelp forests support a wide range of marine life and their loss has devastating effects on the ecosystem. There is a large body of supporting scientific evidence showing that this decline is occurring because of a reduction in predator numbers, including crayfish. Without crayfish, kina populations explode and eat away the kelp forests on the shallow Northland reefs.
Much of our case was based on the overwhelming scientific evidence which supports closing areas of the Northland east coast to allow crayfish numbers to increase and to allow them to play their ecological role in controlling kina numbers.
