WHEREAS—

• A The Treaty of Waitangi (Fisheries Claims) Settlement Act 1992 records that—

  • (a) On 26 and 27 August 1992 representatives of the Crown and Maori met to discuss differences with a view to settling outstanding claims and Treaty grievances of Maori in relation to fisheries, and on 27 August 1992 agreed on a proposal for settlement:

  • (b) The Crown and Maori wish to seek to resolve their disputes in relation to fishing rights and interests and the quota management system and seek a just and honourable solution in conformity with the principles of the Treaty of Waitangi:

  • (c) The Crown recognises that traditional fisheries are of importance to Maori and that the Crown's Treaty duty is to help recognise use and management practices and provide protection for and scope for exercise of rangatiratanga in respect of traditional fisheries:

  • (d) On 23 September 1992, the Crown and representatives of Maori entered into a deed to effect the settlement of outstanding Maori claims and Treaty grievances in relation to fisheries:

• B Under the deed of settlement the Crown agreed, among other things, to introduce legislation empowering the making of regulations recognising and providing for customary food gathering and the special relationship between the tangata whenua and places of importance for customary food gathering (including tauranga ika and mahinga mataitai), to the extent that such food gathering is not commercial in any way nor involves commercial gain or trade:

• C In accordance with the Crown's obligations under the deed to introduce the legislation, the Treaty of Waitangi (Fisheries Claims) Settlement Bill was introduced into Parliament, enacted, and came into force on 23 December 1992:

• D The Treaty of Waitangi (Fisheries Claims) Settlement Act 1992 records that non-commercial fishing rights of Maori continue to be subject to the principles of the Treaty of Waitangi (which principles apply to Maori and the Crown) as set out in that Act:

• E Section 10 of the Treaty of Waitangi (Fisheries Claims) Settlement Act 1992 requires the Minister of Fisheries to recommend to the Governor-General in Council the making of regulations pursuant to section 89 of the Fisheries Act 1983 to recognise and provide for customary food gathering by Maori and the special relationship between tangata whenua and those places which are of customary food gathering importance (including tauranga ika and mahinga mataitai), to the extent that such food gathering is neither commercial in any way nor involves commercial gain or trade:

• F Section 186 of the Fisheries Act 1996 re-enacts the regulation-making provisions of section 89 of the Fisheries Act 1983:

• G The Minister of Fisheries has, in accordance with the Treaty of Waitangi (Fisheries Claims) Settlement Act 1992 consulted with representatives of iwi and hapu and other persons and organisations likely to be affected by these regulations and, following that consultation, has recommended the making of these regulations: