The New Zealand government has denied an Australian newspaper report, it has given up a plan to fight Japan in the international court over whaling in the Southern Ocean.

Our New Zealand correspondent, Kerri Ritchie, says New Zealand's conservation minister, Steve Chadwick, has issued a statement saying the country's position on whaling is unchanged.

Ms Chadwick says after carefully looking at legal options, some obstacles have been identified.

But she says New Zealand is keeping an open mind about launching a case against Japan if diplomatic efforts fail to resolve the whaling stand-off.

Australian foreign minister Stephen Smith also hasn't ruled out legal action against Japan.

Mr Smith is in Tokyo for a meeting with the Japanese foreign minister.

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