Whangārei Man Banned from Customary Fishing for Three Years

Key Takeaways

• Jonathan Moon, a 47-year-old man, has been banned from collecting seafood for three years due to misusing his customary authority to issue permits and taking unauthorized catches of seafood.
• Moon had been issuing permits and taking seafood from areas outside of his designated rohe, including the Matapōuri area in Northland.
• The Ministry for Primary Industries (MPI) prosecuted Moon for obstructing fisheries officers and possession of an underwater breathing apparatus.
• Moon claimed he was acting within his authority and following tikanga principles, but the court found that he had exceeded his authority and ignored local customary rights.
• The case highlights the importance of respecting local customary rights and the need for strict enforcement of fisheries regulations to protect New Zealand’s marine resources.

Introduction to the Case
The case of Jonathan Moon, a 47-year-old man who has been issuing customary permits and taking unauthorized catches of seafood from around the Matapōuri area in Northland, has sparked controversy and raised concerns about the misuse of customary authority. Moon, who was formally registered by the Ministry for Primary Industries (MPI) as a customary permit issuer in 2013, had been found guilty of obstructing fisheries officers and possession of an underwater breathing apparatus. The MPI pressed its case to strip him of the right to take seafood in any form, and a formal hearing was set down to determine the outcome.

Background and History
Moon’s history as a customary permit issuer dates back to 2013, when he was nominated by his kaumātua following a hui at Te Aranga Marae in Hastings. He was recognized as a tangata kaitiaki, or permit issuer, by the MPI, and was authorized to issue permits for the Te Tai Rāwhiti and Te Tai Hauāuru areas, commonly known as the Gisborne and Taranaki West Coast area. However, over the past 10 years, Moon was found to have issued permits for a Kaikohe marae and taken seafood from the Matapōuri areas, which were outside of his designated rohe. Despite a successful prosecution by the MPI in 2017, Moon continued to issue permits and take seafood from unauthorized areas, leading to his most recent conviction.

The Trial and Hearing
During the trial, Moon claimed that he was acting within his authority and following tikanga principles. He argued that his understanding of the rohe for his permit was the entire east and west coast, and that he was only provided with formal boundary disclosure a few weeks ago. However, the court heard that Moon had been provided with all the details of his rohe from the time he was registered and was significantly trained by the MPI. The court also heard evidence from Ngātiwai leader Kris MacDonald, who provided a detailed affidavit specifying the customary rights along the Tūtūkākā coast. MacDonald’s evidence highlighted the stark difference between his interpretation of customary rights and Moon’s generalized interpretation.

The Court’s Decision
Judge Peter Davey found that Moon had exceeded his authority and ignored local customary rights. He issued a prohibition order against Moon for three years, effectively forfeiting any existing authority for Moon to issue permits. Moon is also not to engage in any fishing activity associated with taking fish, aquatic life, seaweed, or shellfish. The court’s decision was welcomed by the MPI and local iwi, who emphasized the importance of respecting local customary rights and protecting New Zealand’s marine resources. As Aperahama Edwards, chairman of Te Poari o Ngātiwai, noted, "We’re pretty aware of where our pāua are, and looking after them and making sure we don’t take, if they get a little bit thin or a little bit small."

Conclusion and Implications
The case of Jonathan Moon highlights the importance of strict enforcement of fisheries regulations and the need to respect local customary rights. The MPI’s prosecution of Moon demonstrates the organization’s commitment to protecting New Zealand’s marine resources and ensuring that they are sustainable for future generations. The case also underscores the importance of cultural and customary monitoring, as emphasized by Kris MacDonald, who noted that his iwi’s kaitiaki constantly monitor the coast’s kai moana resource to ensure its sustainability. As Fisheries New Zealand district manager Swazi Lal noted, "The rules are there for a reason – to protect our shared fishery resources and ensure they’re sustainable into the future."