Following a judicial review, the High Court at Wellington this month resolved to proceed with the creation of five out of six proposed marine reserves between Oamaru and the Catlins.
The Hakinikini, Okaihae, Orau, Papanui, Te Umukoau and Waitaki marine reserves were first announced in Dunedin by the then-Labour government in 2023 and were due to come into force in mid-2024.
However, the Otago Rock Lobster Industry Association took the matter to court over the decision-making for the new reserves.
The court has now confirmed Te Umukoau, between Moeraki and Waikouaiti, will be subject to limited reconsideration over the potential impact it could have on commercial rock lobster fishing.
The other five marine reserves "are no longer affected by this proceeding and any remaining steps needed for their finalisation can now be taken", its decision said.
She was "pretty disappointed" the reserves were even taken to judicial review in the first place.
"Throughout all the consultation process, we compromised and compromised and compromised to make sure that we left as much area for fishing as we thought reasonable from our perspective," she said.
"But, of course, the fishing industry didn't agree with us, and they've done a lot of lobbying since."
Ms Maturin, a member of the South-East Marine Protection Forum which first proposed the reserves in 2018, said New Zealand’s international reputation for marine protection had "taken a dive".
The reserves would help, in part, to restore its reputation but much more needed to be done.
A network of five type two marine protected areas and one kelp protection area was also proposed, which were still to be progressed under the Fisheries Act.
Those areas were deliberately designed to provide a "buffer" around the marine reserves and would add an extra layer of protection, particularly for yellow-eyed penguins (hoiho), Ms Maturin said.
Each of the five reserves should benefit the habitats they protected on their own.
"But in terms of being representative of all the habitats and making sure that you've got protected areas for the full range of species that we would expect on this coast, then you really need all six."
Te Umukoau was one of the few marine reserves that would protect shore-based foraging zones for hoiho and would have been one of the places where rock lobsters could recover, she said.
Upoko o Ōtākou Rūnaka Edward Ellison, the forum’s deputy chair, said it was "a reasonable outcome".
There had been an effort to get marine reserves on the Otago coast for more than 30 years and he was "hopeful" about the negotiations with regard to the Te Umukoau reserve.
Ngāi Tahu entered the process in good faith and had worked assiduously with all parties to help achieve the outcome, Mr Ellison said.
"We do have some views on locking up marine areas and the impact it has on customary interests and commercial, but we worked through this internally as well and that's been quite a big exercise."
The marine reserves and associated marine protected area network were announced by then Conservation Minister Willow-Jean Prime and Oceans and Fisheries Minister Rachel Brooking.
Overlooking Orau marine reserve, which extends from St Clair Beach to Sandfly Bay, the ministers dubbed the reserves "national parks of the sea".
Ms Brooking said yesterday the five new marine reserves were "a step in the right direction" and had confidence Te Umukoau should be protected.
The Department of Conservation said the gazettal process for the five marine reserves was likely to be completed in the first half of next year.
