The Environmental Law Initiative is taking the Government to the High Court over cuts to fisheries observer coverage and reduced levies charged to the commercial fishing industry.
The case is being heard in the Wellington High Court from June 15 to 18. It challenges decisions by the Minister for Oceans and Fisheries and the Minister of Conservation over how fisheries monitoring, science and conservation work are funded.
ELI argues the Government has failed to properly recover costs from the fishing industry, leaving key conservation and research programmes under-resourced. The group says fisheries observers are essential for checking what is happening on commercial vessels, including impacts on seabirds, dolphins, turtles and other protected species.
The case also raises concerns about reduced observer days in high-risk inshore fisheries. ELI says that without enough independent monitoring, officials are left with major gaps in information about fish stocks and damage to marine ecosystems.
Under the Fisheries Act, some monitoring, research and conservation services can be paid for through levies on the commercial fishing industry. ELI argues those levies have been set too low, shifting costs away from industry and weakening protection of the marine environment.
The legal challenge comes amid wider debate about fisheries management, sustainability and the balance between commercial interests and the protection of taonga species.
For many Māori coastal communities, the case will be closely watched because fisheries are tied to kai, whakapapa, customary rights and the health of the moana.
A decision is expected to clarify how far the Government must go in making industry pay for monitoring and conservation work linked to commercial fishing.
