Landmark case filed against the New Zealand Government for not using laws that would protect thousands of marine animals
MEDIA RELEASE: 27/05/2022
Following an investigation by the Environmental Law Initiative (ELI), legal proceedings have been filed against the New Zealand Government for failing to properly apply bycatch prevention laws and protect marine biodiversity.
The case concerns the Fisheries Act 1996, the Wildlife Act 1953 and the Marine Mammals Protection Act 1978. Information released to ELI under the OIA, has found crucial aspects of the government’s management of protected species may be unlawful. These include:
Delegating to industry-owned FishServe its duty to receive reports on the bycatch of protected species by commercial fishers.
Requiring commercial fishers to only report bycatch of certain species under the Fisheries Act, meaning the broader reporting requirements of the Wildlife Act and Marine Mammals Protection Act are not being met or enforced.
The Department of Conservation’s systematic failure to investigate and prosecute offences under the Wildlife Act and the Marine Mammals Protection Act connected to bycatch.
The Department of Conservation’s failure to put in place, or to consider putting in place, Population Management Plans (as defined in section 14F of the Wildlife Act) to protect threatened species from the impacts of fishing.
“Our investigation found the current reporting regime clouds the responsibilities of the government to protect marine species and pushes the Department of Conservation out of its guardianship responsibilities under the Wildlife Act and Marine Mammals Protection Act,” says Ingrid O’Sullivan, Environmental Law Initiative Senior Policy Advisor – Oceans and Coasts.
‘Our Marine Environment 2019’ the Ministry for the Environment’s most recent report on marine species protection acknowledges that marine animals and their habitats are in serious trouble and yet the government is not using powers it already has to turn this around.
“The government is not doing enough to act on its own report which found 22% of all assessed marine mammals, 90% of all seabirds and 80% of shore birds are threatened or at risk of extinction. It’s frustrating that we already have the laws to protect these species, but that successive government’s haven’t applied them,” says Ingrid O’Sullivan.
Approximately 30% of Aotearoa New Zealand’s biodiversity is in our marine life and experts project that marine species will continue declining. With such severe threats to our marine environment, just maintaining the status quo is no longer tenable.
For further comment or to arrange an interview please contact:
Molly Robson, Communications Manager molly.robson@eli.org.nz
Ingrid O’Sullivan, Senior Policy Advisor – Oceans and Coasts ingrid.osullivan@eli.org.nz