Fisheries (Kaimoana Customary Fishing) Regulations 1998

Reprint as at 10 August 2017

Coat of Arms of New Zealand

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 subpart 2 of Part 2 of the Legislation Act 2012 have been made in this official reprint.

Note 4 at the end of this reprint provides a list of the amendments incorporated.

These regulations are administered by the Ministry for Primary Industries.

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:

D

the Treaty of Waitangi (Fisheries Claims) Settlement Act 1992 records that non-commercial fishing rights of Māori continue to be subject to the principles of the Treaty of Waitangi (which principles apply to Māori 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 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

1Title and commencement
2Interpretation
3Application of regulations and Treaty of Waitangi (Fisheries Claims) Settlement Act 1992
4Relationship between these and other regulations
5Notification
6Public notice
7Submissions
8Dispute resolution
9Confirmation of Tangata Kaitiaki/Tiaki
10Cancellation of appointment
11Power to authorise taking of fisheries resources for customary food gathering
12Record of authorisation to be shown to fishery officer
13Commercial fishing and customary fishing on same trip
14Sustainability measures
15Information provided
16Iwi planning document
17Honorary fishery officers
18Application for mātaitai reserves
19Notification of application
20Consultation
21Public notification
22Minister to advise tangata whenua
23Declaration of mātaitai reserve
24Appointment of Tangata Kaitiaki/Tiaki for mātaitai reserve
25Notification of mātaitai reserve and Tangata Kaitiaki/Tiaki
26Cancellation of appointment
27Fishing in mātaitai reserve
28Power to restrict or prohibit fishing in mātaitai reserve
29Notification of restriction or prohibition
30Power to authorise fishing for functions of marae
31Fishing from registered commercial vessels
32Enhancement of fisheries resources
33Assistance to Tangata Kaitiaki/Tiaki
34Minister’s powers concerning management by Tangata Kaitiaki/Tiaki
35Records of authorisations
36Records of fisheries resources taken
37Authorisation to be held
38Reporting
39Notification
40Tangata Kaitiaki/Tiaki to meet and inform tangata whenua
41Taking of fisheries resources without authorisation prohibited
42Possessing fisheries resources taken without approval or authorisation prohibited
43Altering authorisation an offence
44Breach of bylaws an offence
45Defence available if unauthorised catch taken as inevitable consequence
46Penalties
Gazette Information
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