Fisheries (Kaimoana Customary Fishing) Regulations 1998

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Reprint as at 25 November 2010

Fisheries (Kaimoana Customary Fishing) Regulations 1998

(SR 1998/434)

Michael Hardie Boys, Governor-General

Order in Council

At Wellington this 7th day of December 1998

Present:
His Excellency the Governor-General in Council


Note

Changes authorised by section 17C of the Acts and Regulations Publication Act 1989 have been made in this reprint.

A general outline of these changes is set out in the notes at the end of this reprint, together with other explanatory material about this reprint.

These regulations are administered by the Ministry of Fisheries.


  • 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 Māori met to discuss differences with a view to settling outstanding claims and Treaty grievances of Māori in relation to fisheries, and on 27 August 1992 agreed on a proposal for settlement:

      • (b) the Crown and Māori 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 Māori 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 Māori entered into a deed to effect the settlement of outstanding Māori 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 mātaitai), 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:

    • 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 Māori and the special relationship between tangata whenua and those places which are of customary food gathering importance (including tauranga ika and mahinga mātaitai), 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:

Now, therefore, pursuant to section 89 of the Fisheries Act 1983 and section 186 and section 297 of the Fisheries Act 1996, His Excellency the Governor-General, acting by and with the advice and consent of the Executive Council, makes the following regulations.

Contents

1 Title and commencement

Preliminary provisions

2 Interpretation

3 Application of regulations and Treaty of Waitangi (Fisheries Claims) Settlement Act 1992

4 Relationship between these and other regulations

Confirmation of Tangata Kaitiaki/Tiaki for general customary food gathering

5 Notification

6 Public notice

7 Submissions

8 Dispute resolution

9 Confirmation of Tangata Kaitiaki/Tiaki

10 Cancellation of appointment

Powers of Tangata Kaitiaki/Tiaki in respect of general customary food gathering

11 Power to authorise taking of fisheries resources for customary food gathering

12 Record of authorisation to be shown to fishery officer

13 Commercial fishing and customary fishing on same trip

Participation of Tangata Kaitiaki/Tiaki in fisheries management

14 Sustainability measures

15 Information provided

16 Iwi planning document

17 Honorary fishery officers

Mātaitai reserves

18 Application for mātaitai reserves

19 Notification of application

20 Consultation

21 Public notification

22 Minister to advise tangata whenua

23 Declaration of mātaitai reserve

24 Appointment of Tangata Kaitiaki/Tiaki for mātaitai reserve

25 Notification of mātaitai reserve and Tangata Kaitiaki/Tiaki

26 Cancellation of appointment

Powers of Tangata Kaitiaki/Tiaki in mātaitai reserve

27 Fishing in mātaitai reserve

28 Power to restrict or prohibit fishing in mātaitai reserve

29 Notification of restriction or prohibition

30 Power to authorise fishing for functions of marae

31 Fishing from registered commercial vessels

32 Enhancement of fisheries resources

Powers of Minister

33 Assistance to Tangata Kaitiaki/Tiaki

34 Minister’s powers concerning management by Tangata Kaitiaki/Tiaki

Accountability mechanisms

35 Records of authorisations

36 Records of fisheries resources taken

37 Authorisation to be held

38 Reporting

39 Notification

40 Tangata Kaitiaki/Tiaki to meet and inform tangata whenua

Offences and penalties

41 Taking of fisheries resources without authorisation prohibited

42 Possessing fisheries resources taken without approval or authorisation prohibited

43 Altering authorisation an offence

44 Breach of bylaws an offence

45 Defence available if unauthorised catch taken as inevitable consequence

46 Penalties

Schedule
Forms

Gazette information

Reprint notes


Regulations