LegaSea exists to highlight the public’s stake in a healthy, abundant ocean. That’s why we’re deeply concerned about proposed changes to the Fisheries Act that would make it harder for the public to challenge fisheries decisions that affect us all.

Shane Jones, the Minister for Oceans and Fisheries, is proposing to cut the time allowed to legally challenge his decisions to just 20 days.

This is not a minor technical change. It’s a significant rollback of public oversight.

Fisheries decisions are complex and often informed by scientific assessments. The decision-maker must take into account iwi/hapū and community input, and individual submissions. These take time to uncover and understand.

A 20-day deadline makes it unrealistic for recreational fishers, iwi/hapū, community groups or environmental organisations to properly analyse decisions, consult experts, or even receive information requested under the Official Information Act.

In practice, this proposal shuts the public out of decisions affecting a shared and finite resource.

Official advice to the Minister and Cabinet warns against such a short timeframe. Officials recommended review periods of three to six months, depending on the type of decision. That’s because a 20-day limit would likely be seen as restricting the public right to judicial review.

The officials’ advice has been ignored.

Why does this matter? Because Court scrutiny has played a critical role in upholding the purpose of the Fisheries Act. The law allows fishing, but only while the Minister can ensure sustainability and protect the wider marine environment.

Recent Court decisions involving crayfish, tarakihi, and the protection of hoiho (yellow-eyed penguins) have all reinforced the Act’s purpose. Ministers must take real, precautionary steps to protect fish stocks and marine ecosystems from overfishing and long-term damage.

These rulings have not stopped commercial fishing. They have helped ensure it has a future.

Rather than learning from these decisions, the Minister now appears intent on changing the law to avoid them.

A Fisheries Act Amendment Bill is expected in March. Early indications suggest the Bill will weaken environmental safeguards, reduce public oversight, and make it easier to prioritise short-term commercial gain over long-term abundance.

New Zealanders collectively own the fisheries resource. Decisions about its use must be transparent, evidence-based, and open to challenge.

Fast-tracking decisions while limiting public scrutiny increases the risk of overfishing, ecosystem damage, and long-term depletion. These outcomes cannot easily be undone.

LegaSea supports responsible commercial fishing that delivers abundance, not depletion.

We support decision-making that protects fish stocks, marine life, food security, and the interests of current and future generations.

Once public interests are wound back they are hard to restore, and the cost of getting this wrong will be borne by our oceans for decades to come.

The Fisheries Act Amendment Bill is coming, including the 20-day limitation on judicial reviews. When it arrives New Zealanders will need to pay attention and speak up, because we must retain the ability of the public to hold decision-makers to account.

Q&A

Q: Isn’t this just about speeding up decision-making?
 A: Speed is not the problem. Cutting public rights and limiting scrutiny is. Fisheries decisions affect shared, finite resources and require careful, evidence-based consideration. Faster is not better if it increases the risk of depletion.

Q: Why should the public be able to challenge fisheries decisions at all?
 A: Because the fisheries resource belongs to all New Zealanders. Judicial review is a basic accountability mechanism that ensures decisions follow the law and properly consider sustainability and environmental impacts.

Q: Don’t court challenges delay fishing activity?
 A: Courts have repeatedly confirmed that fishing can continue, but only in a way that ensures sustainability. These rulings help secure the long-term future of fishing rather than undermine it.

Q: Isn’t LegaSea anti-commercial fishing?
 A: No. LegaSea supports responsible commercial fishing that operates within environmental limits. Sustainable fisheries benefit everyone, including commercial operators.

Q: What happens next?
 A: A Fisheries Act Amendment Bill is expected in March. When it’s released, the public will need to engage, submit, and make their views known before long-standing safeguards are lost.