Fisheries (Kaimoana Customary Fishing) Regulations 1998

23 Declaration of mātaitai reserve

(1)

Subject to regulations 20, 21, and 22, the Minister must, by notice in the Gazette, declare an area to be a mātaitai reserve if satisfied that—

(a)

there is a special relationship between tangata whenua making the application and the proposed mātaitai reserve; and

(b)

the general aims of management specified on the application under regulation 18 are consistent with the sustainable utilisation of the fishery to which the application applies; and

(c)

the proposed mātaitai reserve is an identified traditional fishing ground and is of a size appropriate to effective management by tangata whenua; and

(d)

the Minister and the tangata whenua are able to agree on suitable conditions (if any) to address issues raised by submissions, for the proposed mātaitai reserve; and

(e)

the mātaitai reserve will not—

(i)

unreasonably affect the ability of the local community to take fish, aquatic life, or seaweed for non-commercial purposes; or

(ii)

prevent persons with a commercial interest in a species taking their quota entitlement or annual catch entitlement (where applicable) within the quota management area for that species; or

(iii)

unreasonably prevent persons with a commercial fishing permit for a non-quota management species exercising their right to take fisheries resources under their permit within the area for which that permit has been issued; or

(iv)

unreasonably prevent persons taking fish, aquatic life, or seaweed for non-commercial purposes within the fisheries management area or quota management area to which the mātaitai reserve relates; and

(f)

the proposed mātaitai reserve is not a marine reserve under the Marine Reserves Act 1971.

(2)

If the Minister considers that an application for a mātaitai reserve under regulation 18 does not meet 1 or more of the criteria in subclause (1), the Minister must decline the application as soon as reasonably practicable and, in any case no later than 30 working days after the date of the Minister’s decision to decline the application, the Minister must notify the applicant in writing of the decision and the reasons for the decision.

(3)

If the Minister declares a mātaitai reserve under subclause (1), the Minister must cause an appropriate notice to be published in the Gazette as soon as possible.

(4)

Non-compliance with any time period in regulation 19, or regulation 20, or regulation 21 does not prevent the Minister declaring a mātaitai reserve in accordance with this regulation.