Hunters win initial victory in legal battle to save Fiordland’s Wapiti – But the threat remains

Hunting and Wildlife Magazine - Issue 225 - Winter 2024

Words By: Don Rood

Hunters have won an important initial victory to save Fiordland’s highly-valued wapiti herd. Forest & Bird and the Fiordland Wapiti Foundation have agreed to pause legal proceedings over how the herd is managed, but the Wapiti Foundation is warning that the win is only the first in what could be a lengthy campaign to safeguard the herd and its future.

The crisis erupted in late March when Forest & Bird asked the courts for a judicial review of the present Wapiti Management Agreement between the Department of Conservation (DOC) and the Fiordland Wapiti Foundation. The agreement allows the Wapiti Foundation to control deer numbers, manage the Wapiti herd, and conduct other pest-control and conservation work in Fiordland National Park. However, Forest & Bird says that the agreement does not comply with the National Parks Act 1980, which prioritises the protection of indigenous ecosystems over introduced species.

The judicial review was due to begin on 6 May, but following behind-the-scenes talks involving Forest & Bird, the Wapiti Foundation and their lawyers, both parties agreed to ask the High Court to temporarily adjourn the proceedings until a later date. The adjournment was granted, and the pause will allow the parties and DOC to investigate a way of managing wapiti that meets both organisations’ interests.

The Fiordland Wapiti are the only herd in the Southern Hemisphere and were introduced more than 120 years ago thanks to the donation of a nucleus herd by then United States President Theodore Roosevelt. Since then, they have become established over 175,000 hectares of the National Park and are highly prized by hunters. The herd is now managed by the Wapiti Foundation under an agreement with DOC, and, importantly for hunters and wapiti, that agreement will remain in force during the adjournment.

In a joint media statement issued after the High Court granted the temporary adjournment, Forest & Bird and the Wapiti Foundation both stated that they were pleased with the decision to pause legal action.

“Forest & Bird welcomes the opportunity to work with the Wapiti Foundation and DOC on this critical issue,” Forest & Bird Chief Executive Nicola Toki said.

“Rather than going to court, we now want to discuss the issue with the Wapiti Foundation and DOC to agree on a solution that protects our precious native biodiversity and maintains the integrity of Fiordland National Park.”

Importantly for hunters, both organisations agree the adjournment will also allow them to explore the possibility of designating the Wapiti herd as a ‘Herd of Special interest’ as defined under the Game Animal Council Act 2013.

Wapiti Foundation spokesman Roy Sloan says the decision to pause legal action is good news, “The Wapiti Foundation stands for both conservation and hunting. It would be disappointing for two conservation groups to end up in court arguing over who has the best solution to protecting our precious environment.”

“A judicial review would waste Forest & Bird, the Wapiti Foundation and DOC’s money and time, diverting funding and key personnel from the front line where all three organisations are doing much-needed conservation work,” Roy Sloan said.

“The Foundation’s work is a great example of hunters giving back to conservation and the wider community.

“What we do in Fiordland has proven the most effective way of reducing and managing deer numbers, as well as trapping predators and maintaining tracks and huts for all park visitors.

“This is both protecting Fiordland’s ecosystem and saving DOC significant amounts of money, which is important when the department is facing hefty budget cuts and hundreds of job cuts.

“We look forward to finding a solution that not only meets the needs of both organisations but, more importantly, safeguards our precious wildlife and flora,” Mr Sloan said.

It is understood that Forest & Bird’s decision to ask for an adjournment came after the organisation’s head office faced a significant backlash over its decision to legally challenge the Wapiti Management Agreement.

The backlash came not only from the hunting community and politicians but also from rank-and-file Forest & Bird members and the public, who pointed out the valuable conservation work carried out by the Wapiti Foundation and questioned why Forest & Bird would try to stop it.

In the joint media release with the Wapiti Foundation announcing the adjournment, Forest & Bird Chief Executive Nicola Toki denied that her organisation wanted to exterminate wapiti.

“There have been inaccurate suggestions that Forest & Bird’s legal action is aimed at exterminating wapiti, with speculation the judicial review could even mean the end for all game animals,” Ms Toki said.

“I want to say now that these suggestions are incorrect. Forest & Bird initiated legal action to clarify the legality of the Wapiti management agreement.

“We expect the herd will continue to provide an important hunting opportunity, and the Fiordland Wapiti Foundation would continue its valuable conservation work.”

When Forest & Bird first announced its intention to ask for a judicial review, the hunting community was quick to rally around and support the Wapiti Foundation and its work.

Individual hunters, including NZDA members, took to social media to alert others to what was happening and the threat to the prized wapiti herd. The Game Animal Council, the statutory organisation that looks after the interests of hunters and the country’s game herds, also leapt to the defence of the wapiti, expressing its disappointment with Forest & Bird’s decision to mount legal action.

“The work the Fiordland Wapiti Foundation does is truly world-class, particularly given the rugged and remote nature of the environment it works in, and the outstanding outcomes being achieved,” New Zealand Game Animal Council (GAC) General Manager Tim Gale said.

“All of this is done through funding provided by hunters and at zero cost to the taxpayer. We will continue to advise the Minister of Hunting and Fishing and liaise with stakeholders to work towards a positive resolution,” he said.

The popular TV hunting shows ‘NZ Hunter Adventures’ and ‘Red Stag Hunters’ Club’ also threw their support behind the Wapiti Foundation with video, social media and magazine articles highlighting what was happening. In the corporate world, Hunting & Fishing asked the Wapiti Foundation for information about what was happening to post on its website and highlight the Foundation’s efforts to raise money to cover its legal costs.

The issue also gained widespread coverage in mainstream media, with articles appearing in the Southland Times, The Press, and on the Stuff, TVNZ and RNZ websites. Forest & Bird’s decision to request a judicial review did not go unnoticed at Parliament either. The Minister for Hunting and Fishing, Todd McClay, told the Southland Times that DOC takes its legislative responsibilities seriously and works to ensure public conservation land is managed in accordance with the law. Mr McClay also praised the work of the Wapiti Foundation.

“The environmental outcomes for Fiordland National Park as a result of the work of the Wapiti Foundation are commendable,” Mr McClay said.

“It’s disappointing that Forest & Bird has decided to initiate a judicial review rather than continuing to engage with the department on this matter. However, it’s now important that this process follows its due course.’’

In an online post, another member of the coalition government, ACT Party Conservation Spokesperson Cameron Luxton, was also critical of Forest & Bird.

Forest & Bird’s self-defeating, purist stance aims for an impossible standard while alienating potential allies.

“Hunters are natural champions of nature and the land and would happily join the campaign against real threats like the rats and stoats wreaking havoc on native birdlife. Yet Forest & Bird is picking a fight with them. It’s just madness,” Mr Luxton said.

The Southland community benefits significantly from the wapiti herd thanks to spending by visiting hunters and the jobs provided to process animals culled during the Wapiti Foundation’s deer control operations.

The Member of Parliament representing the Southland electorate, Joseph Mooney, used his social media account to question Forest & Bird’s actions and to praise the Wapiti Foundation.

“The volunteer-led Fiordland Wapiti Foundation runs what is almost certainly the most successful and consistent deer management programme in NZ across a 175,000-hectare area known as the Wapiti Area of the Fiordland National Park,” Joseph Mooney said.

“The Wapiti Foundation also invests a significant amount of voluntary time and money into native bird protection, working closely with DOC, conservation-minded groups like the Kea Conservation Trust, the Southland community, and the wider New Zealand public.

“You’ve got to ask, if Forest & Bird is worried about pressure being placed on volunteer-led community groups, why are they filing a judicial review?”

The Wapiti Foundation has launched a fundraising campaign to fund what is shaping up to be an expensive legal battle. A ‘Save The Wapiti’ donations page has been set up on the foundation’s website and has already raised thousands of dollars. Roy Sloan is impressed with people’s willingness to help.

“This fight is vital for the future of both the wapiti herd in Fiordland and the work of the Wapiti Foundation. It is important that we are involved in the frontline, but it is inevitable that there will be substantial legal costs.

“Donations are flowing in, and we have been blown away by the level of support from hunters, not just in New Zealand, but overseas, including the United States where people have an interest in how their wapiti are doing down under,” Roy Sloan said.

“While Forest & Bird’s concession to work with the Wapiti Foundation on declaring Fiordland’s Wapiti a Herd of Special Interest is an important step forward in New Zealand game management history, that process too will cost money.

“It is going to be a complex and challenging job, and we need to be as thorough as we can and put up a watertight case to decision-makers.

“That will require hiring lawyers, some of the world’s best ecologists and other professionals to build a solid, compelling argument to support declaring wapiti a herd of special interest,” Sloan said.

Sloan also says that because this is the first application to have a game herd declared a Herd of Special Interest in a National Park, it has to be done right.

“Establishing Herds of Special Interest was an election promise the National Party made and we will be using this to win recognition for our wapiti.

“This is important not just for wapiti but because the process will set a precedent that can be used to apply for other valued game species in specific locations also to be declared Herds of Special Interest.

“We cannot fail. But that means we now have a mountain of work to do in a small space of time, and we need all hunters’ help, financial and moral, to achieve our goal,” Roy Sloan said.

“Our driving focus is to ensure that any solution ensures that wapiti continue to roam their area in Fiordland and that hunters will still be able to experience the thrill of stalking them in the rugged wilderness that is our largest national park.”

Don Rood is the Fiordland Wapiti Foundation’s communications consultant and an NZDA member belonging to the organisation’s Nelson branch.

Electronic or print copies

Members receive an electronic version by email but printed copies can be ordered (for a print and postage fee) which will be delivered to your home.

To order printed copies visit our NZDA Shop at www.nzda.shop

Read Previous Editions Online

Read the historic editions online for free now. Browse here.

Write for Hunting and Wildlife

Join NZDA To Help Us Advocate on Your Behalf