Environmentalists are urging the Government to stop challenging the protection of a fragile marine area.
The Bay of Plenty Council was given the power to implement fishing controls on the Astrolabe and Oraiti reefs last year under the Resource Management Act - but the Government is appealing that decision, made in the Environment Court.
Prior to this, the Resource Management Act had only been applied to land.
Forest and Bird chief executive Kevin Hague says a successful appeal would destroy the area.
"We know that communities want to be able to protect and keep our natural state for their children and their grandchildren," the former Green MP told Newshub. "Under the Fisheries Act, it's actually really hard for communities to be involved in protecting them."
A fishing ban was put on the area following the Rena disaster in 2011, which allowed marine life to flourish. The Ministry of Primary Industries lifted the ban in 2016. The Environment Court ruled last year the council was allowed to put its own ban in, a decision which is being challenged by the ministry.
Mr Hague says delays on putting in controls are putting ocean life in serious threat.
"We actually need to take action urgently and desperately to protect those species."
He's confident the Government will lose any court bid to stop fishing controls.
"The problem is nature in New Zealand is in crisis. We have nearly 4000 species that are moving towards extinction."
Fisheries Minister Stuart Nash told Stuff the point of the appeal is to clarify the law.
"There are significant implications. I think this is an issue that we need to understand the implications of and I would have no problems seeing this go all the way to the Supreme Court.
"It comes to the primacy of the Resource Management Act over fisheries legislation, in terms of managing our marine areas. I'm not saying one is more important than the other, but what I do think is we need to get this right."
Solicitor-General Una Jagose will make the final call, which Mr Nash says he will accept - whichever way it goes.
Newshub.
