High Court finds Minister for Oceans and Fisheries must consider wider ecosystem when setting catch limits for fishing

Ecklonia radiata, a kelp species in Northland that is being eaten by kina

The High Court released its decision today on a judicial review brought by the Environmental Law Initiative and Northland hapū Te Uri o Hikihiki concerning the proliferation of kina barrens in Northland.

Kina barrens are rife in North Eastern New Zealand, where the evidence is clear that the removal of predators such as rock lobster and snapper results in high populations of kina, which then decimate kelp forests. These kelp forests are critical to the health of New Zealand's shallow reefs and the biodiverse marine life they support. 

The Court has found that the 2021 and 2022 total allowable catch decisions for rock lobster in Northland were unlawful. The Minister for Oceans and Fisheries has been ordered to remake the most recent decision basing it on the best available information, considering the wider impacts of rock lobster fishing on the marine environment, and taking a precautionary approach.

Speaking about the significance of the decision, ELI's CEO said:

"There is a lot of rhetoric out there about New Zealand's world-leading fisheries system, but this is simply not true.  We hope this case will give New Zealand's fisheries management the push it needs to move on from the outdated idea that you can manage fish stocks in isolation from the ecosystems which support them."

He further noted that  "New Zealand has been given rights to a significant chunk of the world's oceans and we urgently need to start doing a better job of looking after it."