Together with Te Rawhiti hapu Ngati Kuta, Fish Forever have been working with the Northland Regional Council to get meaningful marine protection put in place in the Bay of Islands through the new Northland Regional Plan.
In a recent landmark case in the Bay of Plenty, the Court of Appeal ruled that under the Resource Management Act (RMA), Regional Councils can control some fishing activities to protect marine biodiversity.
Protections sought:
An extension of the wonderful Maunganui Bay Rahui (a temporary closure, established 2010, no-fishing allowed except for gathering kina) down to include Oke Bay, (red boundary in diagram below) This would create a no-take area of approx 2% of the enclosed waters of the Bay of Islands.
A one kilometre buffer zone, (gold boundary in diagram below) along the western side of the no-take area, that prohibits the following fishing methods:
- hand fishing with more than one line and with multiple hooks
- use of scuba equipment
- use of implements (spades, machetes, cray-hooks)
An area protected from bottom trawling and purse seining (purple boundary in diagram below). This area excludes the existing Te Puna Mataitai and Waikare Inlet Taiapure.
A no dredging area (red boundary) in the Eastern Bay of Islands (Ipiriri).
Recreational, commercial and iwi fishing interests are opposing these protections for the Bay of Islands. This means we have to take our case to have them implemented to the Environment Court in July.
These are the organisations that will be opposing the protection measures in court:
- Nga Puhi Asset Holdings
- Te Ohu Kai Moana
- Ngāti Wai Trust Boad
- Inshore Fishing Group
- Rock Lobster Council
- NZ Sportfishing Council (including Legasea)
- Minister of Fisheries (represented by Crown Law)
FAQ
An extract from the Bay of Plenty Regional Council's website:
"The use of the RMA to protect a marine environment, compared with the Fisheries Act 1986, was eventually debated in the High Court and later the Court of Appeal. The Court of Appeal released its landmark decisions in relation to this case on 4 November 2019. The decisions provide clarification to regional councils on their ability to manage indigenous biodiversity.
In summary the court found:
- Regional Council can include rules in its Regional Coastal Environment Plan to manage the effects of fishing if it is for the purpose of maintaining indigenous biodiversity or other resource management purposes where there is evidence of adverse effects on values from fishing;
- The ability of Council to apply controls is based on the maintaining of indigenous biodiversity and cultural values; and
- In maintaining indigenous biodiversity, an objective assessment is required that includes consideration of necessity, type, scope, scale and location.
This means Council will only be able to apply controls in certain areas. It also means any new rules to protect indigenous marine biodiversity would require a considered approach, using research, include consultation with mana whenua and likely be run through a public plan process.
You can view the Court of Appeal decision here (PDF 715.13KB) ."
Motiti Island residents from the Bay of Plenty paved the way in 2019 with groundbreaking court cases to establish regional councils can use the Resource Management Act to control fishing to protect biodiversity.
"Motiti residents win 'significant' battle to protect the waters around their island
Six elderly kuia and kaumātua from Motiti Island took on the combined might of the Crown, local government, powerful iwi and the commercial fishing industry.
The tiny hapū won, backed by Forest and Bird "groundbreaking" rulings in the Environment and High courts in 2017 that gave local councils powers to regulate fishing to protect native species. But the Government appealed the decision. Now the Court of Appeal has ruled regional councils can use the Resource Management Act to control fishing to protect biodiversity." Andrea Vance Stuff News Nov 04 2019
The Maunganui Bay Temporary Closure (Rahui) is the only full no-take area (except for gathering kina) making up just 0.5% of the enclosed waters of the Bay of Islands, if successful, the new area would be approx 2% for the 10 years plus term of the Northland Regional Plan.
Purse seining takes out whole schools of fish while they are feeding on the surface.
Motu Kokako / Cape Brett is an extremely special area. The upwelling of currents here brings nutrients from deep water to the surface making it a very productive feeding area for marine and seabird life. Removing purse seining from the area would ensure the large schools that used to be common in the area are undisturbed by bulk fishing methods.
The adverse effects of bottom trawling on marine habitat are well documented. This Legasea article contains more detail.
Bay of Islands Maritime Park Inc and Royal Forest and Bird Protection Society initiated the Regional Plan appeal, the following parties joined in support:
- Ngāti Kuta
- Te Uri o Hikihiki
- Patukarakeke
- Minister of Conservation
BOIMP originally appealed against:
- Inadequate controls on mangrove removals,
- No controls over vehicles on beaches to protect wildlife,
- Inadequate provisions to facilitate landward migration of coastal ecosystems experiencing sea-level rise and natural hazards,
- The lack of provisions to enable restoration of form and function to floodplains to trap sediment and nutrients that would otherwise pollute coastal waters.
In addition, BOIMP also joined the appeals of the Minister of Conservation and Forest & Bird Protection Society in supporting:
- Stock exclusion from wetlands, controls on stock access to other waterbodies,
- Management of diffuse discharges of contaminants from landuse
- Better control of earthworks and land preparation activities, and better provisions for some aquaculture activities.
While most of these issues have been resolved by formal mediation, some appeals are the subject of recent and impending hearings (such as mangrove removal controls), while others have not yet progressed to either stage (such as vehicles on beaches).
Fish Forever and sister riparian restoration group Living Waters are subgroups of Bay of Islands Maritime Park Inc.
2016
- August - Northland Regional Council Draft Regional Plan released for public feedback
- September - Bay of Islands Maritime Park Inc appeal the plan requesting additional protection measures be included for, marine areas, vehicles on beaches, mangrove removal and floodplane restorations.
2018
- May - Environment Court released an interim decision that found the outstanding attributes and values of reef systems off the coast of Motiti Island in the Bay of Plenty needed better protection.
2019
- November The Court of Appeal released its landmark decisions. The decisions provide clarification to regional councils on their ability to manage indigenous biodiversity.
2020
- April - the Environment Court released its final decision which directs Bay of Plenty Regional Council to implement new rules within its Regional Coastal Environment Plan to protect three reef systems near Motiti Island and complete scientific monitoring to inform future integrated marine management solutions.
- July - Arbitration for Northland Regional Council 10 year plan appeals held between opposing parties. We were unable to reach agreement by arbitration on the measures we sought.
- August - Northland Regional Council release "Draft Regional Plan Appeals Version"
2021
- July - Environment Court Case to be held
Help us get these protections put in place.
Here's how to donate
This is an excellent chance to get meaningful long term marine protection in the Bay of Islands. We need your financial assistance.
Our target is $20,000 to cover the legal costs of defending the proposed measures in the Environment Court.
We will keep you up to date with progress as the legal process plays out.
- Pay by direct credit to 12 3091 0191482 00 (ASB Kerikeri) using your name as a reference.
- Account name: Bay of Islands Maritime Park Inc. Please put NRC plan in particulars.
- Email your payment details to
This email address is being protected from spambots. You need JavaScript enabled to view it. we will send you a receipt, donations over $5 are tax deductible.
Donate by credit card
All of us with an interest and love of Tangaroa, let's work together and take on the challenge of marine protection for the Bay.