My Account
Set netting in Arkles Bay is again on Auckland Council’s agenda, and residents are anxiously awaiting a decision on whether the permanent ban on the practice in their bay will remain.
That decision will be made this month by Council’s Regulatory and Bylaws Committee as part of a review of all legacy bylaws, which must be completed by October 31.
Retaining the year-round ban was expected to be straightforward after residents presented strong evidence of harm from the practice, both historical and recent. In response to this, the Hibiscus & Bays Local Board recommended that the bylaw preventing set netting taking place in Arkles Bay, which was enacted in March 2007, be replaced by a year-round control under the Public Safety & Nuisance Bylaw. If a year-round control were to be put in place, it would be unique in Auckland.
However, Maori customary rights, which are guaranteed under the Marine and Coastal Area Act, may mean that such a ban is would meet stiff opposition. This Act replaced the Foreshore & Seabed Act in 2011 and, according to Council’s social policy and bylaws manager Michael Sinclair, feedback from iwi is that those rights must be preserved.
With this in mind, Council staff plan to put five options in front of the Regulatory and Bylaws Committee at its October 13 meeting.
The options include a year-round ban, a summer-only ban, and no ban at all with the use of existing legislation to control any illegal or anti-social activities.
Set netting is a legal food gathering activity that involves the positioning of a weighted net in the water, however Arkles Bay Action Group chair Alan Sayers says the way it was carried out in Arkles, before the ban was put in place, was not lawful.
Residents consider that one reason set netting is popular in the bay is because it is adjacent to the Long Bay-Okura Marine Reserve, so fish are plentiful.
“It was a year-round activity and the amount of fish plundered was disgraceful. It was common for three large vehicles full of fish to be taken away each weekday,” Mr Sayers says. “They were not being stopped by Fisheries officers.”
Evidence was presented that residents were abused by angry set netters and Mr Sayers says there was even an attempt to run him over after he took a look at a float on one of the nets.
He says the ban needs to be permanent, as swimmers and boaties use the bay year-round and their safety should be paramount.
Despite the existing ban, there were two complaints logged with Council last summer and Arkles Bay resident and Whale Oil blogger Cameron Slater had threats made against him last December after he removed a set net from the water.
The final decision rests with the councillors on the Regulatory and Bylaws committee, which includes local Cr John Watson.
Cr Watson says it is clear from the information and options [1MB PDF] presented to the local board last week that staff favour a summer-only ban.
“Council staff have shown their hand. When it comes to the vote, I can see that all the dominoes have been put in place to get the result that the staff think is best, which goes against the community’s wishes,” Cr Watson says.
Final chance to have a say
Before the decision goes to the committee on October 13, local board feedback on the options has been obtained and the public is being offered a final opportunity to have a say.
Anyone can email Council on setnet@aucklandcouncil.govt.nz right up to the day before the meeting (October 12) and that feedback will be put before the committee along with a response from Council staff.
