Shark cage operators given right to appeal Wildlife Act

The Supreme Court has granted a Southland shark cage diving operator the right to appeal a decision, which effectively made their industry illegal.

In September, the Court of Appeal said that under the wildlife act, shark cage diving was deemed to be an offence.

Bluff-based Shark Experience Ltd owner Mike Haines said the decision in September to deem his business’s activity illegal was wrong and the comments by the judge were incorrect.

‘‘The judge made the wrong decision in the appeal,’’ Haines said.

‘‘Making the comment that shark diving was illegal because we were baiting and killing sharks was wrong.’’

The Wildlife Act 1953 was in need of an update and the process to even get to this Supreme Court stage was a ‘‘schmossle’’, Haines said.

‘‘We had three years where we were able to operate under a permit, then we were told what we were doing was illegal.’’

PauaMAC5 chairman Storm Stanley said he was very surprised by the Supreme Court decision and thought the original decision would have been upheld.

‘‘I thought the Court of Appeal had given a clear and reasoned argument that shark cage diving, as it had heard out, is illegal under the Wildlife Act.

‘‘Most reasonable people would see that chumming and baiting apex predators would be illegal.’’

The fight between Haines and PauaMAC5, a pa¯ ua divers lobby, and the Department of Conservation started more than three years ago, with a court battle to determine the legality of their operations.