12. GARETH HUGHES (Green) Link to this
to the Minister of Conservation
Why did she decline the proposed Dan Rogers Marine Reserve in Akaroa Harbour on the grounds that it would adversely affect recreational fishing?
Hon KATE WILKINSON (Minister of Conservation) Link to this
I am required by law to uphold an objection if I consider that establishing a marine reserve would unduly interfere or adversely affect existing recreational purposes or is contrary to the public interest. I considered that it did, and the decision was made public in August. Further to that, I feel I should alert the member that I have been informed through the media that Brian and Kathleen Reid, who disagree with this decision, intend to challenge it through a judicial review. I therefore do not consider it prudent to comment any further on the matter.
I raise a point of order, Mr Speaker. I refer you to Standing Order 112(1)(b), whereby a judicial order prohibition on the Minister answering the question comes into effect “from the time when proceedings have been initiated by the filing of the appropriate document in the registry or office of the court.”, not by virtue of seeing it in the media.
Mr SPEAKERThe member makes a valid point in terms of the prohibition of reference to matters awaiting judicial decision. The member is at liberty to ask his questions, but the Minister may well invoke the issue of public interest in the way she answers them. I have not ruled out the member asking any further supplementary questions, but I think we have to accept that the Minister may invoke the public interest issue in the way she answers them.
Why does she think a marine reserve would be bad for recreational fishing when according to the Department of Conservation, fish size in the area are so depleted it is hard to catch a legally sized blue cod, which is the fishers’ main target in the Akaroa area?
Hon KATE WILKINSON Link to this
I am aware of all of the advice, and I refer the member to my previous answer. It would be irresponsible for me to comment publicly about an issue when I have been informed that it is intended—and, indeed, the proceedings may have been filed—to be heard in court.
In general, what would the benefits be to recreational fishers in the remaining 88 percent of the Akaroa Harbour if the Dan Rogers Marine Reserve had proceeded?
Hon KATE WILKINSON Link to this
That is a bit of a hypothetical question, and, again, it would be irresponsible of me to comment when it may prejudice or jeopardise judicial review proceedings.
What proportion of New Zealand’s waters are protected today, given our commitment to have 10 percent of our waters in a marine protected area by 2010?
It was a specific question. The question was not in regard to the territorial sea, which is what the Minister has answered, it was in regard to New Zealand waters, which are the exclusive economic zone and the territorial sea.
The member has a further supplementary question if he feels the answer was not adequate. The Minister gave an answer—there is no question about that. If it is not the answer the member was seeking, he does have further supplementary questions.
Given that only 0.77 percent of our marine area is currently protected, what are New Zealand’s chances of reaching the 10 percent target in the next 3 months, given that her Government has a moratorium on marine reserves in the exclusive economic zone, has instructed the Department of Conservation to not apply for the marine reserves, and has declined the Akaroa marine reserve application?
Hon KATE WILKINSON Link to this
The member is making some accusations and allegations that are just plainly incorrect. The Government is committed to progressing the amount of our marine environment that is protected. Currently there are two proposals to be considered by me and the Minister of Fisheries and Aquaculture. They feature significant areas on the West Coast and in the Subantarctic Islands.
Will her decision to uphold the absolute right of recreational fishers potentially create a precedent and a disincentive to any future marine reserve applications?
Hon KATE WILKINSON Link to this
Marine reserve applications are, and will be, considered on a case by case basis.
Hon KATE WILKINSON Link to this
That is a hypothetical question. The rūnanga, as the member well knows, did not support the proposal; the Reids did. I heard both parties, and I came to a decision using the legislative process under the Act.