The Otago Rock Lobster Industry Association (Orlia) has filed a judicial review in the Wellington High Court, challenging decisions made last year by the former Minister of Conservation, Minister of Transport and Minister for Oceans and Fisheries establishing six marine reserves off Otago’s coast.
In particular, the establishment of Te Umukōau Marine Reserve - off the East Otago coast between Pleasant River and Stony Creek - was flawed, the Orlia application for judicial review said.
Yesterday, Orlia executive officer Chanel Gardner said the court was the only remaining avenue to address the association’s concerns about how the reserves came to be.
"Unfortunately, we believe there were missed opportunities to effectively address problems that arose during the decision-making processes.
"As these processes are now complete, the problems that remain can only be addressed through the courts.
"We remain committed to finding a principled and sustainable approach to safeguarding our marine environment."
The creation of six new marine reserves along Otago’s coast, from the Waitaki River to Watsons Beach, near Milton, was announced in Dunedin by former Conservation Minister Willow-Jean Prime and former Oceans and Fisheries Minister Rachel Brooking in October last year.
In February, the Department of Conservation (Doc) said the marine reserves would come into force following an Order in Council and gazettal process, likely to be completed by the middle of this year.
However, last month Doc said there had been delays because of the complexity of the process under way.
Doc regulatory systems performance director Siobhan Quayle, at the time, rejected Orlia claims mapping errors were made during the decision-making process and that the process was flawed.
Yesterday, given the court filing, she said Doc could not comment further as the matter was before the court.
Forest & Bird Otago-Southland regional conservation manager Chelsea McGaw said the organisation was deciding whether to join in opposition of the judicial review.
"It is disappointing to see a ... [judicial review] at the end of a process which has been over a decade in the making, nearly a year after ministers’ decision to formalise the ... [marine protected areas].
"Mainland hoiho are nearly extinct and other species such as pakake/New Zealand sea lion, brittle stars, squat lobster, kōura, shrimps, crabs, sponges, sea squirts and reef fishes deserve a chance to flourish."
The marine protected areas were the result of a 10-year process "collaboratively informed" through a forum made up of Kāi Tahu, industry, recreational and community representatives that met regularly.
There had also been two public submission processes, she said.
The Orlia application for judicial review highlights several steps in the process to create the reserves the association believed were out of step with the Marine Reserves Act.
Among them, the site, now known as Te Umukōau Marine Reserve, was amended to avoid reefs, and thereby avoid undue interference with the commercial rock lobster industry.
However, the change was made as a result of engagement with Kāi Tahu and not Orlia.
Orlia had a right to be consulted on the "substitute" reserve, the application said.
