A hoiho or yellow-eyed penguin. Photo: Supplied / Catlins Tours
Lawyers representing a charity calling for more protection for the hoiho, or yellow-eyed penguin, have criticised advice on set net fishing given to the fisheries minister.
In October the Environmental Law Initiative (ELI) filed High Court proceedings against the Minister for Oceans and Fisheries Shane Jones over the set net ban, which it said failed to protect hoiho from the risk of extinction.
Jones announced in mid-September the set net fishery around the Otago Peninsula would close for three months, with public consultation on long-term bycatch measures to protect hoiho carried out during the closure period.
The three-month emergency closure extended the existing four nautical mile set net ban, which was in place to protect dolphins, out to eight nautical miles.
However, the extension only applied to waters surrounding the Otago Peninsula, leaving other key hoiho habitats unprotected, ELI argued.
Those habitats included North Otago and Stewart Island.
Monday's judicial review at the High Court in Wellington came in the wake of a hoiho being caught near Stewart Island over the weekend.
David Bullock, representing the charity, said the nub of his case was that the minister was not told about limitations with the studies given to him by officials when considering the September ban.
Minister for Oceans and Fisheries Shane Jones. Photo: RNZ / Samuel Rillstone
Bullock made the argument officials could have told Jones that whilst they had focused on the Otago Peninsula, he may wish to consider a wider area due to a lack of data and given it was known the hoiho had been caught in other areas.
Justice David Boldt noted the government workers had to give their advice in a condensed time period and the minister made the decision when he did in September because it was the hoiho's breeding season.
The crown was represented by Nicholai Anderson, who told the court that the ban was put in place in a hurry and was a temporary measure while a long-term solution was sorted out.
He said the modelling the minister did recieve was highly sophisticated and was limited only because it related to adult penguins and not juvenile birds.
The hearing continues.
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