An urgent High Court hearing in Wellington concluded today over measures to protect hoiho from by-catch deaths in commercial set-net fisheries. The hearing – brought by Environmental Law Initiative (ELI) – challenged recent government emergency decisions on set-net closures, arguing they fall short of what the endangered penguins need to survive.
Although authorities imposed a short-term closure of set-net fishing around the Otago Peninsula, the ban did not extend to all critical hoiho habitats – including areas around the Catlins, North Otago, and Stewart Island / Rakiura. As a result, penguins in those regions remain vulnerable.
Concern about the adequacy of protections intensified when a hoiho was found drowned in a set net near Stewart Island shortly after the partial ban – underscoring that the current measures may simply shift the risk elsewhere.
In a statement released after the hearing, ELI’s senior legal advisor warned that the long-term proposal from Fisheries NZ is deeply flawed and insufficient to safeguard the hoiho.
Key criticisms include:
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Unacceptably high allowable fatalities: One of the proposed options would allow up to four hoiho deaths per year before triggering “consideration of regulatory response” – a threshold many conservationists say is far too high for a species already on the brink.
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No mitigation tools exist: The consultation document admits that there are currently no effective mitigation measures to prevent by-catch of hoiho in set nets – yet suggests fishers could develop solutions “towards zero”. ELI rejects this as unrealistic.
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Large gaps in spatial protection: Crucial areas such as the Catlins and Stewart Island remain unprotected under the proposals -even though they form part of the known hoiho distribution.
ELI argues that rather than a loosely drafted plan, what is required is a zero-by-catch standard and immediate, comprehensive protection across all known hoiho habitats.
The urgency is real: northern-population estimates show dramatic decline. Breeding numbers dropped from hundreds to only 143 nesting pairs.
Marine-conservation experts note that even a single additional death – especially of a breeding adult – can have a disproportionately large impact on recovery prospects, given low chick survival rates and limited juvenile recruitment.
Furthermore, hoiho are not just wildlife – they are part of Aotearoa’s natural heritage, integral to coastal ecosystems, and of significant value to eco-tourism businesses and coastal communities.
With the court case concluded, the ball is back in Fisheries NZ’s court. ELI and other conservation stakeholders expect:
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A rewritten long-term protection proposal that incorporates zero-bycatch commitments
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Set-net bans or other effective restrictions across all known hoiho habitats – not just partial protection zones
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Comprehensive consultation with iwi, conservation organisations, tourism operators, and affected communities before finalising any plan
As one of the world’s rarest penguin species, the hoiho – if not protected decisively – may edge closer to extinction. The coming weeks will show whether management agencies act with the urgency the crisis demands.
