WELLINGTON, New Zealand (22 July 2004) -- A marine reserve on Wellington's south coast – already approved by the conservation minister – has been held up for two years by the threat of legal action. A proposal for a 969-hectare reserve covering the coast from Owhiro Bay to Te Raekaihau Point between Houghton and Lyall bays, was opened for public submissions in October 2000. Despite opposition from recreational fishing groups, conservation minister Sandra Lee approved the reserve in May 2002. Yet two years later, the reserve appears no closer to becoming a reality. The delays started when tangata whenua Ngati Toa lodged papers in the High Court indicating it was considering whether to lodge an application for a judicial review of Ms Lee's decision. It claimed marine reserves violated the tribe's Treaty of Waitangi rights to collect seafood while it had not been properly consulted over the proposal. At the same time Ngati Toa lodged an application for an interim injunction designed to prevent any action to formalise the reserve while it decided whether to proceed with its judicial review. Conservation Department lawyer Jonty Somers said the department and Ngati Toa agreed on a consent order which was signed in September 2002. In it, the department agreed to delay further action while Ngati Toa decided whether to pursue its case. However, though the order required Ngati Toa to act "expeditiously", 22 months later it has yet to proceed with its judicial review. Chief executive Matiu Rei said the delay was not Ngati Toa's fault. "It's not us holding it up. It's been held up by a review of the Marine Reserves Act." However, Mr Somers said the review of the Marine Reserves Act had nothing to do with the delay. Three marine reserve applications elsewhere in the country were going through the approval process. He would not comment on whether Ngati Toa had acted "expeditiously" or whether the department could have done more to keep the matter moving. | | Mr Somers said the department was still bound by the consent order, meaning it was unable to take any action to make the reserve a reality. The delay has frustrated Island Bay Divers owner Tim Walshe who, in 1988, put forward the first submission to the Conservation Department in favour of a south coast reserve. Later he became a committee member of South Coast Marine Reserve Coalition which put forward the marine reserve proposal four years ago. But he has since resigned, dispirited at the lack of progress. "I know why the department is sometimes called the Department of Conversation." Mr Walshe said politicians also had to be held accountable for the inaction. "It's a political hot potato. The general public wants it, the city council wants it. But there's no leadership – there's just a vacuum." The reserve still requires approval from Fisheries Minister David Benson-Pope but that cannot happen till the consent order is lifted. Mr Somers said the department would now write to Ngati Toa asking it to spell out its intentions. The department would then consider Ngati Toa's response before deciding whether to ask the court to revoke the consent order. But even if that happens, the reserve is far from a done deal. Wellington Recreational Fishing Council secretary Max Hetherington said his organisation intended lodging its own High Court challenge. Mr Hetherington said the action would claim Ms Lee failed to consider the impact of the reserve on recreational fishing, though she was required to do so by the act. SOURCE - Stuff |
