At the close of a four-day High Court hearing challenging the government’s under-levying of the fishing industry, the Environmental Law Initiative (ELI) says more science, research and observer coverage is needed to protect marine wildlife and ecosystems from the impacts of fishing.

The Environmental Law Initiative will challenge the Ministers for Oceans and Fisheries and the Minister of Conservation in the Wellington High Court from 15 - 18 June over cuts to the fisheries observer programme and the undersized levy charged to the fishing industry.

The proposed changes substantially expand ministerial and executive discretion, weaken precautionary and ecosystem‑based protections, and reduce opportunities for public scrutiny and legal challenge.

In ELI’s view, there are significant issues with the proposals and their underpinning analysis.

The most significant issue is the lack of a proper justification for the proposal that the Crown bear the proposed $3.76 million in annual costs associated with the on-board camera programme.

The legal and policy analysis underpinning this proposal is seriously deficient.

The Environmental Law Initiative (ELI) has filed High Court proceedings against the Minister for Oceans and Fisheries, challenging a recent decision to close a portion of northern hoiho habitat to setnet fishing.

The Environmental Law Initiative (ELI) says today’s announcement of an emergency three-month closure of set-net fishing around the Otago Peninsula by Minister for Oceans and Fisheries Shane Jones will protect some hoiho, while leaving others unprotected.

The support of Otago set-net fishers for emergency closures of set-net fishing shows action to urgently protect hoiho has broad backing, and it is time for Ministers to act.  

A US Court has ruled that New Zealand fish exports fail to meet the United States Marine Mammal Protection Act – because New Zealand is not sufficiently protecting the critically endangered Māui dolphins from fishing related-deaths. 

The Environmental Law Initiative welcomes Fisheries New Zealand’s proposals to close crayfish fisheries along the east coast of Northland, the Hauraki Gulf, and the Bay of Plenty, to allow recovery of crayfish populations and ecosystems. 

Hoiho are in serious trouble, especially the mainland population, which is in rapid decline and at risk of extinction. We’ve written to Ministers calling for urgent action to protect hoiho.

ELI’s director of legal and research, Dr Matt Hall says, “Any restrictions on judicial review under the Fisheries Act will mean that when unlawful decisions are made, they may be unchallengeable. This would undermine the rule of law.”

The Environmental Law Initiative says the Government is under-levying the fishing industry by millions of dollars, which is contributing to the insufficient resourcing of marine conservation research and the decreasing deployment of fishery observers.  

From the shallows to the deep, the oceans surrounding Aotearoa are among the most biodiverse on Earth. They are a taonga — and caring for them is essential. 
 
We’re taking the Minister for Oceans and Fisheries to the Wellington High Court for failing to uphold the law in managing orange roughy fisheries.

High Court victory for Environmental Law Initiative and Northland hapū in fisheries case. 

ELI’s submission to Fisheries NZ’s review of sustainability measures for spiny rock lobster (crayfish) for the area known as CRA 2, which covers the Hauraki Gulf.

Fisheries New Zealand (FNZ) has consulted on a range of changes to the bycatch reporting requirements for commercial fishers.

Populations of many protected species that inhabit New Zealand’s waters are declining. ELI recently submitted its feedback on DOC’s draft plan for the Conservation Services Programme, which serves as the government’s primary mechanism for understanding and tackling fishing-related risks to protected species. In light of the alarming decline in marine biodiversity and the precarious state of our marine environment, formulating an effective plan to thoroughly investigate and address the effects of fishing on our taonga marine species is critical. Here are our recommendations for improving the draft plan.

ELI has submitted comprehensive feedback for the government on the Natural Built and Environment Bill (NBEB) and the Spatial Planning Bill (SPB), both of which are set to replace the Resource Management Act (RMA). The RMA is one of NZ’s most important pieces of legislation – governing what can be built, when, where and how.