Fisheries (Kaimoana Customary Fishing) Regulations 1998 (SR 1998/434) (as at 25 November 2010)

Regulation by clause

2 Interpretation
  • (1) In these regulations, unless the context otherwise requires,—

    chief executive means, subject to any enactment, the chief executive for the time being of the Ministry that has, with the authority of the Prime Minister, assumed responsibility for the Fisheries Act 1996

    customary food gathering means the traditional rights confirmed by the Treaty of Waitangi and the Treaty of Waitangi (Fisheries Claims) Settlement Act 1992, being the taking of fish, aquatic life, or seaweed or managing of fisheries resources, for a purpose authorised by Tangata Kaitiaki/Tiaki, including koha, to the extent that such purpose is consistent with Tikanga Māori and is neither commercial in any way nor for pecuniary gain or trade

    fisheries resources means any 1 or more stocks or species of fish, aquatic life, or seaweed

    included species has the same meaning as in section 72(1) of the Te Arawa Lakes Settlement Act 2006

    local community means those persons—

    • (a) who own any land in the proximity of a proposed mātaitai reserve; or

    • (b) who—

      • (i) have a place of residence in the proximity of the proposed mātaitai reserve; and

      • (ii) have been in occupation for a cumulative period of no less than 3 months in the 3 consecutive years immediately preceding the date of the application for that mātaitai reserve

    Māori means a person of the Māori race of New Zealand; and includes a descendant of any such person

    mātaitai reserve means an identified traditional fishing ground established under regulation 23

    Minister means, subject to any enactment, any Minister of the Crown who, under the authority of any warrant or with the authority of the Prime Minister, is for the time being responsible for the Fisheries Act 1996

    Ministry means, subject to any enactment, the Ministry that has, with the authority of the Prime Minister, for the time being assumed responsibility for the Fisheries Act 1996

    South Island fisheries waters means the areas shown on the Allocation Plan (SO 19902); and nothing in this definition limits or affects the meaning the term has in any context outside these regulations

    Tangata Kaitiaki/Tiaki means any person appointed as Tangata Kaitiaki/Tiaki under these regulations, being a member of the tangata whenua or a tangata whenua organisation or their notified representative

    tangata whenua, in relation to a particular area, means the whanau, hapu, or iwi, being Māori, that hold manawhenua manamoana over that area

    Te Arawa fisheries area has the same meaning as in section 72(1) of the Te Arawa Lakes Settlement Act 2006

    working day means any day except—

    • (a) a Saturday, a Sunday, Good Friday, Easter Monday, Anzac Day, Labour Day, the Sovereign’s birthday, and Waitangi Day; and

    • (b) a day in the period commencing with 20 December in any year and ending with 15 January in the following year.

    (2) A reference to a numbered form is a reference to the form so numbered in the Schedule.

    (3) Expressions not defined in these regulations but defined in the Fisheries Act 1983 or Fisheries Act 1996 have, in these regulations, the meanings defined in those Acts.

    Regulation 2(1) included species: inserted, on 26 September 2006, by section 100(2) of the Te Arawa Lakes Settlement Act 2006 (2006 No 43).

    Regulation 2(1) Te Arawa fisheries area: inserted, on 26 September 2006, by section 100(2) of the Te Arawa Lakes Settlement Act 2006 (2006 No 43).