The New Zealand High Court has ordered the Department of Conservation (“DOC”) to reconsider its controversial tahr cull programme for the next season.

The High Court in Wellington heard the New Zealand Tahr Foundation’s (“the Foundation”) request for a judicial review of the DOC’s tahr cull programme on the basis that it was “indiscriminate” and that there had been a lack of consultation. The decision says that DOC is to “reconsider its decision to proceed with the 2020-2021 plan after consulting with interests represented by the Foundation and other stakeholders”.

The judicial review centered on DOC’s consultation leading up to this year’s control plan for the year, starting July 1, and provision for 250 hours of helicopter time for culling in 2020-21, as opposed to 80 hours the previous year.

In the judgment, Justice Dobson commented: -

“Until consultation and a further decision have been contemplated, DOC is not to undertake more than one half of the 250 hours provided for in the 2020-21 plan.”

The decision noted that in recent decades, a niche tourist trade has developed for visitors prepared to pay substantial sums to be taken on guided hunting tours to shoot tahr. Recent projections of the value of this tourist trade put it close to NZD$100 million (HKD$517 million) per annum.

Tahr Foundation Spokesman Willie Duley is welcoming the decision as a victory for common sense: -

“This is a landmark decision. It recognised the considerable gaps in DOC’s process, the lack of consideration for stakeholders affected and will stop the decimation of the tahr herd and save jobs. Just as importantly, Justice Dobson recognised that the recreational hunters are legitimate stakeholders and have the right to not only be properly consulted by DOC, but also have their views properly considered.”

The Himalayan Tahr Control Plan, which became active in 1993, stipulated a limit of the tahr population to 10,000 in what is known as the feral range, which includes 706,000 ha of private land, Crown pastoral leases and public conservation land. However, Justice Dobson noted “the tension inherent in the relationship between the interests represented by the Foundation and DOC is that, as the commercial hunting industry has grown, it perceives a need for a herd larger than the 10,000 maximum to which DOC is committed.

The tahr, or Himalayan mountain goat, was introduced to New Zealand more than a century ago and is sought after by hunters as a trophy animal. However, they are also known to eat and disturb several native plant species.