Chris Carter

Wellington, March 9 NZPA - The Labour Party is accusing the Government of letting Australia down over whaling but Prime Minister John Key says New Zealand could still back a challenge to Japan at the International Court of Justice.

International Whaling Commission (IWC) member nations are struggling to find a way to reduce the number of whales killed each year, but negotiations in Florida are reported to have reached stalemate.

A compromise is still being sought, however, and Mr Key said yesterday New Zealand was working with others to find a diplomatic solution.

"Australia has also made it quite clear that they are not going to take action against Japan in the International Court of Justice until they can see that there is no diplomatic solution to be found," Mr Key said.

"If a diplomatic solution fails, and talks break down, then New Zealand will have to consider joining Australia in a co-action. We will make that call in due course."

Labour's foreign affairs spokesman, Chris Carter, said Australian Prime Minister Kevin Rudd had given Japan a clear choice -- stop killing whales in the Southern Ocean or face the legal consequences.

He did not interpret New Zealand's position as the same thing, and accused Mr Key of buckling under pressure and being "completely at odds" with Australia.

"Without our support, the best Australia's representatives could do in Florida was to bring the IWC meeting to a stalemate," he said.

But Mr Key insisted there was no tension between New Zealand and Australian negotiators, saying ministers had been in regular contact about the progress of the negotiations.

Earlier yesterday Foreign Minister Murray McCully said any diplomatic deal would have to be very attractive to gain New Zealand's support.

"There is no mandate for the New Zealanders who are participating in the discussions to do any deal whatsoever," he said.

"The only mandate they have is to see if they can find a diplomatic solution that the New Zealand Government and then the New Zealand people can consider."

The comprise that is under discussion would bring scientific whaling -- the loophole used by Japan to defy a 1986 moratorium on commercial whaling -- under the auspices of the IWC, and the aim would be to reduce the total catch over the next 10 years.

Critics argue it would legalise commercial whaling.