Cage fight
Teeth bared over shark tourism
A tourism group says a court ruling to ban shark cage diving in New Zealand was disappointing and based on outdated law.
Paua divers off Stewart Island say cage diving companies were disturbing sharks and it posed a risk to those diving for the shellfish nearby. The paua industry said cage operations were modifying the behaviour of the 100-strong great white colony by making them expect food when swimming near humans or boats.
The Court of Appeal ruling came after a legal stoush between the paua divers, the Department of Conservation and shark diving companies, Shark Experience and Shark Dive New Zealand.
“Shark cage diving is undertaken safely in many locations around ethe world, and there is international evidence that shark cage diving, when well-managed, does not change the behaviour of sharks. Sharks were not harmed in this activity,” says Tourism Industry Aotearoa chief executive Chris Roberts.
He said the 65-year- old Act needed to be clarified. The Court found the definition of “hunting and killing” as used in the act extends to pursuing, disturbing and molesting, even when there is no intention to hunt and kill, and that the activity of cage diving amounts to disturbing the sharks.
“It is disappointing to see an activity previously approved by the Department of Conservation can no longer exist,” he said.
“Shark cage diving activity should then be managed by a permit system to ensure safe operations. It should not be banned outright.”
He said the Court of Appeal noted that this ruling placed the two shark cage diving business operators “in a very difficult position through no fault of their own” and concluded that is ”up to Parliament to consider whether these activities should be permitted by amending legislation that provides for authorisation with the clarity of modern drafting norms”.