Recreational hunters win court battle with DoC

Helicopters were banned from flying over 81 per cent of Rimutaka Forest Park before the changes in 2015. They were then allowed to fly over 84 per cent. Photo / File

The High Court has declared a decision to allow helicopter hunting over large swathes of forest parks unfair.

A group of recreational hunters took the Minister of Conservation to court over changes in zoning for commercial hunters operating from helicopters in several forest parks.

The Lower North Island Red Deer Foundation, representing local recreational hunters, said the Department of Conservation's consultation process was inadequate.

Justice Simon France ruled that the department had a duty to consult the Lower North Island Red Deer Foundation over what he called "significant changes" to helicopter zoning.

Ruahine, Tararua and Rimutaka Forest Parks were affected by these changes, allowing helicopters to fly over significantly more of the park areas.

"There is undoubtedly a level of unfairness created here," the judge said in his decision.

The helicopter operators were consulted on the changes but recreational hunters were not.

"Consideration also needed to be given to affording a similar opportunity to the recreational hunters who would be most affected by any changes," the judge said.

"I am satisfied this has been an unfair process caused by a failure to consult with the applicant."

The judge ruled the decision "was invalid due to a failure of natural justice."

He did not, however, quash the concessions made to helicopter hunters following the 2015 decision.

He awarded court costs to the hunters, but no monetary award or immediate alteration of the decision.

Lower North Island Red Deer Foundation president Gordon George said the Department of Conservation had wasted time and money by insisting the matter go to court.

"The whole process has been time-consuming and costly and DoC has wasted taxpayer dollars," George said.

"In the end we had no choice but to go to court ... we hope the department will now start consulting properly with recreational hunters as it is required to do."

A spokesman for the Department of Conservation, Jay Eden, said DoC was "still considering" whether to appeal the decision.

"While the Court was clear DoC should have consulted LNI recreational hunters in this case, no other relief was ordered.

"The High Court decision does provide guidance for DoC on how to undertake the next WARO permit round, which DoC will consider."