The boundaries for the Kermadec Island Marine Sanctuary. (Map: The Pew Charitable Trust)

Seafood companies sue Govt over marine sanctuary proposal

NEW ZEALAND
Friday, April 29, 2016, 23:50 (GMT + 9)

The country’s leading seafood companies have jointly filed a statement of claim in the High Court in response to the New Zealand Government’s unilateral move to establish the Kermadec Ocean Sanctuary. The firms argue that this initiative disregards existing rights and does not respect international obligations under United Nations Convention on the Law of the Sea (UNCLOS).

The legal action, led by the Fishing Industry Association (FIA), has been filed by Sealord, Talley's, Sanford, Solander, Aotearoa Fisheries, Independent Fisheries, Ngai Tahu Seafood Resources, Vela Fishing and KPF Investments (United). These companies represent about 80 per cent of seafood quota and fully support marine conservation but consider that any new measures must be taken with full consultation with all affected stakeholders.

The companies are seeking the Government’s recognition that the proposed Bill will undermine the integrity of New Zealand’s 30-year-old world-leading quota management system (QMS) and the Maori Fisheries Settlement Act, "as a direct result of the inadequate advice and flawed processes underpinning policy that will be enshrined in the Bill,” FIA president Steve Bishop pointed out.

From the government, Environment Minister Nick Smith, who has driven the proposal, said he was disappointed by the court challenge to the right of Parliament to create the sanctuary.

"It is effectively challenging the right of Government to provide marine protected areas in New Zealand's oceans and I think that is a big stretch of the QMS. It would be a huge setback for marine protection if such action was successful, Smith stressed.

In the minister’s view, the industry was missing an opportunity to secure a premium for New Zealand seafood exports from having an ocean environment where special areas were set aside for protection.

"The Government retains determined to proceed with the Kermadec Ocean Sanctuary. New Zealand does not need to fish, drill and mine every corner of its oceans," Smith highlighted.

Meanwhile, the Green Party said the fishing industry had overstepped the mark with a "self-serving attempt" to override the ability to regulate and protect the oceans.

This is the second legal challenge to the proposed sanctuary as it follows action lodged in the High Court at the end of March by the Maori fisheries body, Te Ohu Kaimoana, based on concerns that the proposal breaches the 1992 Deed of Settlement between Maori and the Crown.

Bishop clarified that the companies filing the proceedings are concerned that the Government has been improperly advised, particularly on New Zealand’s international obligations, under the Convention on Biological Diversity (CBD) and UNCLOS.

"This is poor policy and poor process. Both this and the Marine Protected Areas proposal announced by Government in January are underpinned by the rationale for the need for further sustainability and biodiversity measures,” Bishop pointed out.

The firms believe that ocean conservation measures must be grounded in good policy, sound science and full and robust dialogue with affected parties.

The proposed sanctuary has been backed by The Greens, WWF-New Zealand and the Environmental Defence Society (EDS), who condemned the seafood firm’s move.

editorial@seafood.media
www.seafood.media

Print