Submission: October 2026 round of consultation on sustainability measures under the Fisheries Act
ELI has submitted on the October 2026 round of consultation on sustainability measures under the Fisheries Act.
ELI is concerned to see many stocks in the current consultation round are showing significant signs of decline or collapse, yet options proposed are not always sufficient to enable recovery. In particular, some of the consultation papers present status quo options even where the material indicates that existing catch settings are causing decline. Fisheries New Zealand (FNZ) has not provided a detailed analysis of why status quo options continue to be presented even where sustainability issues have been flagged. Where the evidence indicates that current settings are not achieving the sustainability outcomes required under the Act, maintaining those settings is not a lawful or acceptable management response.
ELI submits that where the materials identify sustainability concern or stock decline, the Minister should prefer the option that delivers the largest reduction in total allowable catch (TAC), rather than a status quo or more modest reduction. This is consistent with the purpose of the Fisheries Act 1996, the requirement in s 13(2)(b) of the Act, and the approach set out by the Supreme Court in New Zealand Recreational Fishing Council v Sanford [2009] NZSC 54 (known as the Kahawai case).
In addition, where TAC reductions may not be sufficient to address sustainability issues, a more detailed analysis of other measures should be included in the consultation materials. This approach should be standard, rather than only applying when the fishery is showing significant signs of decline (such as tarakihi). Alongside this analysis, consultation materials should set out how proposed TAC changes would achieve statutory requirements to rebuild fish stocks to sustainable levels. Options should not be presented for consultation if they fall short of statutory requirements to ensure fisheries can recover and to remedy the adverse effects of overfishing.
The current consultation round also demonstrates the need for more frequent stock assessments (which can be cost recovered from the fishing industry). This would allow declining stocks to be identified earlier, when a more modest reduction in TAC is sufficient to achieve sustainability. It is particularly concerning that there is a pattern of stock assessments revealing a decline; and that many stocks have not been assessed in the last decade. However, in the face of incomplete information, the principles in s 10 of the Act are clear that a precautionary approach should be taken. As a general point across all the stocks being consulted on, ELI is concerned that the options presented do not demonstrate this approach.