By ANNE BESTON environment reporter
The High Court has overturned a decision by Fisheries Minister Pete Hodgson aimed at protecting New Zealand's most endangered dolphin.
The minister wanted to ban set-netting along the North Island's west coast, from Dargaville to New Plymouth, to save the North Island hectors dolphin, two of which
were killed by set nets last month.
But the ban was successfully challenged by the fishing industry.
Justice Ronald Young said in the High Court at Auckland that the minister got his facts wrong and failed to find out what financial effect the ban would have, as required under the Fisheries Act.
He said scientists had estimated that the North Island hectors dolphin could probably survive with one death every five years.
The minister had interpreted that as meaning one death in five years would result in extinction and therefore based his decision on an error of fact, Justice Young said.
The minister should also have investigated whether his decision would result in bankruptcies.
Northern Inshore Fisheries chairman Bruce Young welcomed the decision.
"We asked the minister to pick the option that would leave us fishing instead of going for green votes, and he chose total closure," Mr Young said. "We would like him to just adopt our proposal."
The fishing industry had proposed a ban on set-netting from the Manukau Harbour to Kawhia as well as gear restrictions, acoustic warning devices or "pingers" on nets and a logbook system when dolphins were sighted.
Mr Young said the set-netting fishery was worth $2-3 million a year and between 16 and 25 people relied on it.
Conservation group WWF called the High Court decision a "disaster".
Chief executive Jo Breese said the ban proposed by the minister should immediately be imposed, using emergency powers under the Fisheries Act if necessary.
Green Party co-leader Jeanette Fitzsimons said the minister's decision had been overturned on a technicality.
"When the minister has reconsidered the ban, he should make the same decision again, unless he wants to condemn the North Island hectors dolphin to extinction."
Mr Hodgson said he would review the options for protecting the dolphin and announce a new decision within two months.
North Island hectors dolphins are the world's most endangered marine mammal. Their number is estimated at between 80 and 100.
nzherald.co.nz/environment
