Govt. to appeal Environment Court ruling

The Government will challenge an Environment Court ruling which allows regional councils to use the Resource Management Act to put limited controls on fishing to provide for marine protection. Photo: Daryl Torckler

The Government has been slammed for its decision to appeal an Environment Court ruling made last year which followed in the wake of the 2011 Rena disaster.

In December 2016 the court ruled New Zealand's regional councils would be able to use the Resource Management Act to protect native species by controlling fishing-related activities.

But it's reported the Ministry for Primary Industries will now challenge the Environment Court ruling in the High Court.

Last year the Motiti Rohe Moana Trust, backed by Forest & Bird, sought a rahui (temporary closure over the reef under the Fisheries Act, to depleted fish stocks and taonga species to recover from the damage caused by the Rena grounding.

The Bay of Plenty Regional Council believed it did not have power to prevent fishing around the reef, however, the Environment Court ruled it did.

Green Party environment spokesperson Eugenie Sage says the decision to challenge what was hailed as a ‘landmark decision' shows the Government's more interested in plundering the environment than protecting.

'National appears determined to stop local communities protecting their own big blue backyard. Obviously National prioritises plundering the marine environment over protecting it.

'The Rena grounding had a major impact on the Otaiti (Astrolabe) Reef. The reef needs time to recover and a rest from fishing pressure but MPI appears determined to prevent that.”

Eugenie says if the MPI won't use its powers to protect the Otaiti Reef or other significant marine areas from fishing pressure, then hapu, iwi and community organisations should be able to ask their regional councils to use the RMA and regional coastal plans for help.

'Now having failed the local community, MPI wants to block off that option too.”

Forest & Bird spokesperson Geoff Keey says to date, the National Government has failed to reign in the plunder of New Zealand's marine environment.

He says from illegal fishing practices and out of control by-catch issues, to oil exploration and seismic testing, the Government has failed in nearly every aspect of marine protection.

'The Environment Court offered our oceans some hope last year, by confirming that regional councils can regulate fishing and marine activity to protect New Zealand's underwater ecosystems.

Geoff says the Government's decision to appeal the Environment Court ruling will be disappointing to anyone who values a healthy ocean, and many regional councils who could have used the decision to balance commercial and environmental interests on the sea.

'Given that the Government is frequently seen to promote fishing and mineral interests at the expense of our oceans, it is perhaps not surprising they are opposed to this court ruling.

'Forest and Bird was a party to the original application by the Motiti Rohe Moana Trust, and we are considering our legal options in relation to this appeal.”

The Original Environment Court decision can be found here.


The Rena. File Photo.

2 comments

Government spends double

Posted on 21-01-2017 16:30 | By begesch

So do I understand that right? The Government's agency rules, the Government's other agency challenges the first one's decision. And who pays for all of this, the Government. That's a clever way to make more money, isn't it? And besides, why on earth - or better on water - would they challenge that decision. I'm sure regional councils are clever enough to decide that, whenever it pleases the government, they say the regional councils have to decide. No Way!


A really sad decision.

Posted on 22-01-2017 13:25 | By morepork

In a Democracy, the Government should reflect the will of the people. It is blindingly obvious that New Zealanders want our environment protected and commercial interests balanced as part of that protection. This is a sad move by some Civil Servants who have lost perspective and are not used to having their will gainsaid by anybody, let alone the common population. The commercial interests they represent will be lobbying them to restore access. I hope they lose the Appeal, even though the whole process ends up costing all of us money.


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