Taking legal action for hoiho

Taking legal action for hoiho

Environmental Law Initiative holding Ministers to account

In December 2024, a high court ruling found systematic failings over two decades with the management and reporting of protected species bycatch in commercial fisheries. The case was brought by the Environmental Law Initiative (ELI) and found that the Department of Conservation failed or unlawfully refused to use powers to set limits on the bycatch of protected species using conservation legislation. ELI’s Director of Research and Legal, Dr Matt Hall said “DOC has failed to fulfil its role in protecting vulnerable marine species. It has taken a hands-off approach, deferring to Fisheries NZ and the Fisheries Act. The Court has made it clear that the protective and conservation focus of the Wildlife Act and MMPA are more suitable for the management of vulnerable marine species.”

Following the high court ruling, ELI wrote to the government in June 2025 seeking immediate intervention on the fate of the hoiho. Conservation Minister Tama Potaka was asked to produce a population management plan for hoiho, including setting allowable fishing-related mortality to zero. ELI also called upon Oceans and Fisheries Minister Shane Jones to set a fishing-related mortality rate for hoiho to zero and to prohibit set-net fishing within the habitat of the northern population, southeast coast of the South Island and Rakiura Stewart Island.

Ministers responded in mid-July, saying they were expecting further advice from officials (both Fisheries NZ and DOC) on the range of tools available to manage threats to hoiho. Minister Jones said the advice will be informed by “a new scientific multi-threat risk assessment”. This is due in August.

A Newsroom article by Andrew Bevin in July 2025 revealed that the latest Ministry for Primary Industries data, between October 2019 and March 2025, showed fourteen hoiho were killed. Twelve were caught in set nets, while two died from deck strike. Bevin’s article also brought to light an additional three penguins were killed in fisheries incidents between April and June of this year according to industry body Seafood New Zealand.

In August 2025, in light of the additional deaths caused by set nets, ELI wrote to Oceans and Fisheries Minister Shane Jones again calling for temporary emergency closure of the Fisheries around the hoiho habitats in time for the breeding season this spring. They also asked the Minister to address the indirect effects of fishing on the hoiho. For example, blue cod, a key prey species of the northern population of hoiho, are showing a decline in abundance in the habitat area.

ELI’s work continues in this space.