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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