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Akaroa Marine Reserve decision quashed

The Akaroa Harbour Marine Protection Society are the applicants of a small marine reserve (530ha) on the East Coast of the South Island of New Zealand. The application was made in 1996.
On the 20th August 2010 the Hon Kate Wilkinson, Minister of Conservation declined the Akaroa marine reserve on the grounds that it will “adversely affect recreational fishing”.

The High Court of New Zealand has since told the Government to reconsider its decision to reject a proposal for a marine reserve in Akaroa.
The Akaroa Harbour Marine Protection Society applied for a marine reserve near Dan Rogers’ Bluff in Akaroa Harbour in 1995.
The Conservation Minister declined the application because a reserve would interfere with recreational fishing.
The society appealed to the High Court saying the minister did not weigh up the positives of the proposed reserve and the effects on recreational fishing.
Judge Nathanial Whata found that the application must be reconsidered.The Akaroa Marine Reserve proposal will now go back to the minister.

View the court decision document and news release

Past discussions about the Akaroa Marine Reserve proposal journey:
Opinion of MarineNZ editorial Team The undue effect on rec fishers appears far from being justified. The interesting twist here is the ruling the judge gave in the Maori Land Court for the Taiapure hearing. He ruled that the MR would compliment the taiapure and the benefits were substantial. It seems incredulous that the MOC would ignore this significant ruling.

Another interesting twist in the rec fisher impact argument is that the Akaroa application (14years of documents) cover a time period in which the local shallow water fishery has all but collapsed. There is now no commercial fishing in Akaroa! This truly is a fight over the last fish. This is the backdrop to this decision - shallow habitats and fish communities in a state of decline/collapse. How can an impact on fishing then be an argument if fishing is buggered?

The Minister recognises that any marine reserve will adversely affect fishing (in the immediate area of the reserve of course), but fails to recognise that the Marine Reserve would ultimately improve fishing in the general area. Dr Roger Grace comments that where she goes wrong is her understanding of what "undue" may mean in this context. All other marine reserves (perhaps with exception of some of the Fiordland ones) affect recreational fishing, and if you take her logic to its foreseeable conclusion NONE of the existing Marine Reserves north of Akaroa would have ever been established!! Opinion of MarineNZ editorial Team

To come to your own decisions on this, review the following documents and to get involved:

Green party MP Gareth Hughes questions the Minister of Conservation

http://www.greens.org.nz/oralquestions/gareth-hughes-minister-conservation-akaroa-marine-reserve

http://www.radionz.co.nz/news/political/60650/government-accused-of-using-misleading-marine-figures
Join the Forest and Bird Web blog http://blog.forestandbird.org.nz/sea-change-yeah-right/#more-1804

See Wade Doak's discussion forum - most recent blogs on top

http:// http://www.wadedoak.com/_disc1/0000106d.htm

http://www.wadedoak.com/_disc1/0000105e.htm

Fish Forever - Bay Of Islands Maritime Park Inc blog:

Why was Akaroa declined?

Community Disappointment - media coverage:

Fight for Marine Sanctuaries - Bay Chronicle

Documents:

Judicial Review

MPA status letter