Shark cage diving now classed an offence

The Court of Appeal has ruled shark cage diving an offence under the Wildlife Act, a move being welcomed by pa¯ ua divers.

Paua Industry Council chief executive Jeremy Cooper said shark cage diving ‘‘should never have been allowed to happen from day one’’.

‘‘It makes absolute sense, you know, people’s safety and changing shark behaviour has been well documented now so let’s hope that’s the end of it,’’ Cooper said.

The decision ends a long legal battle between a group of pa¯ ua divers from Stewart Island, the Department of Conservation (DOC) and shark diving companies, Shark Experience Ltd and Shark Dive New Zealand Ltd.

The Court of Appeal decision also found that the director-general of conservation had no power to authorise shark cage diving, according to RNZ.

Shark diving began near Stewart Island in late 2007 in waters where great white sharks are common because of the large number of fur seal colonies.

As it became more popular, it caused issues, with some people worried the sharks were becoming more dangerous.

On the other hand, one shark-diving operator said he received death threats and began carrying a rifle on his boat.

The pa¯ua divers from Stewart Island, PauaMAC5, called for a moratorium on shark cage dive operations, Stuff reported in late 2014.

At the time, DOC was considering applications for cage dive operations in the waters around Stewart Island.

PauaMAC5 said applications should be issued with the safety of other water users in mind, but DOC refused, saying public safety was outside its obligations under the Wildlife Act, RNZ reported.

In October 2016, PauaMAC5 was in the High Court at Wellington making a bid to have DOC consider public safety when licensing cage diving.

PauaMAC5 argued the cage diving, whose operators used bait such as berley or chum to attract the sharks, had deterred swimmers and fishers from entering the water because of a fear of attacks.

The group also argued regular cage diving was potentially having a behavioural effect on sharks in the area, resulting in a risk to human life.

By late 2016, DOC was under fire from both sides of the issue as it reissued temporary permits for operators off Stewart Island.

Cage dive operators were unhappy with confusion over the permits while a member of PauaMAC5 claimed the permits were ‘‘simply legitimising illegal activity’’.

The issue over DOC granting permits went to the High Court in 2017 when Justice Karen Clark found DOC had no basis to give permits in the first place.

PauaMAC5 did not get what it wanted – a declaration that DOC had to account for people’s safety when granting permits.