Tragedy at sea: Another rare hoiho drowns as High Court battle begins
Monday, 1 December 2025
A northern yellow-eyed penguin, one of the world’s rarest seabirds, was killed by a set net off Rakiura Stewart Island on Saturday, days before a High Court hearing over emergency protections for the species got underway.
Lawyers for the Minister for Oceans and Fisheries Shane Jones told the court of the death, highlighting the stakes in the Environmental Law Initiative’s (ELI) challenge.
The case argues that Jones’ emergency set-net closure, limited to the Otago Peninsula, fails to protect hoiho in critical habitats further afield, including Rakiura Stewart Island, Banks Peninsula, and the Catlins.
“Silence fell across the court as the death of yet another hoiho was announced,” said ELI’s senior legal advisor Megan Cornforth-Camden. “It was a potent reminder of why we are here. We want to see hoiho stand a chance of surviving.
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“When the population is down to such a small number, we need to do all we can to protect hoiho. It really is better to be safe than sorry.”
Northern hoiho numbers have plummeted by 80% since 2008, with just 143 breeding pairs remaining on the mainland and Rakiura.
Experts say even a single additional death can threaten the species’ survival, and that makes the court case a critical test of the Government’s use of emergency powers under the Fisheries Act.
The emergency closure, imposed in September, extends from the Taieri River mouth to Karitāne and out eight nautical miles, protecting only part of the penguins’ range.
Conservation groups, including ELI, the Yellow-Eyed Penguin Trust (YEPT) and WWF-NZ, argue that set-netting remains a major risk and are pushing for stronger, broader, and longer-term protections.
“This tragic death shows the stakes couldn’t be higher,” said Wenna Yeo, YEPT programme manager. “We cannot afford to lose another bird. Every single hoiho matters. Set nets and hoiho cannot coexist.”
Emma Taylor, FNZ director of fisheries management, confirmed the capture and said the incident occurred outside the emergency closure area.
“The fisher reported the capture as required, and the vessel’s onboard camera footage will be reviewed to verify the facts,” she said.
“The Department of Conservation has been notified, and we are liaising with them. This capture will be considered as part of ongoing consultation on long-term measures to protect hoiho.”
Earlier this month, new scientific advice revealed the northern hoiho population is collapsing across its entire range.
A major threat assessment by Fisheries New Zealand (FNZ) shows persistent decline in all sub-populations between 1991 and 2023, with commercial set-net entanglements a major cause of mortality. Malnutrition, disease, predation, and climate-driven changes to prey are compounding the crisis.
The temporary Otago Peninsula closure expires on December 16. Officials have asked Jones to roll it over while consultation on long-term protections continues. Submissions on long-term measures are open until December 12.