Is the Government legally obliged to ensure there are enough fish for the people?

May 21, 2020

Yes. Under section 8 of the Fisheries Act the Minister of Fisheries has a legal obligation to ensure fish stocks are sufficiently maintained so people can provide for their social, economic and cultural well-being from fishing. That is, to manage fish stocks so Māori customary and recreational fishing interests are provided for, that environmental interests are satisfied, and so commercial fishing is economically viable.

The Minister also has an obligation to manage fisheries to provide for the foreseeable needs of future generations. Under section 12 of the Fisheries Act the Minister must have particular regard to kaitiakitanga, that is guardianship of the resource and people, when making decisions.