ELI & Ngāti Kaharau me Ngāti Hau challenge crayfish catch limit set by Minister in High Court

In August, in the Wellington High Court, ELI & Ngāti Kaharau me Ngāti Hau challenged the Minister for Oceans and Fisheries’ Total Allowable Catch decision for crayfish in Northland.  

This is the second judicial review proceeding ELI has taken on this issue.  

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 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. 

In October 2022, ELI and Te Uri of Hikihiki hapū won the first 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 second case at the High Court in August, ELI & Ngāti Kaharau me Ngāti Hau challenged 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 (FNZ) continues to ignore key parts of the law which demand a more ecosystem-based approach to fisheries management.  

These cases have highlighted the role of crayfish in coastal ecosystems and the link between the overfishing of crayfish and the presence of kina barrens in the Northeast of New Zealand. 

Our vision is for lawful, evidence-based decision making. 

Photo credit: Rexness via Wikimedia Commons.