Fisheries (Notification of Proposal to Establish Whakapuaka Taiapure-Local Fishery) Notice 1999

Reprint
as at 26 March 1999

Crest

Fisheries (Notification of Proposal to Establish Whakapuaka Taiapure-Local Fishery) Notice 1999

(SR 1999/76)


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.

This notice is administered by the Ministry of Fisheries.


Pursuant to section 178(2) of the Fisheries Act 1996, the chief executive of the Ministry of Fisheries, acting under an authorisation from the Associate Minister for Food, Fibre, Biosecurity and Border Control, gives the following notice.

Notice

1 Title and commencement
  • (1) This notice may be cited as the Fisheries (Notification of Proposal to Establish Whakapuaka Taiapure-Local Fishery) Notice 1999.

    (2) This notice comes into force on the day after the date of its notification in the Gazette.

2 Proposal
  • A proposal by the Ngati Tama Manawhenua Ki Te Tau Ihu Trust to establish an area of coast between Ataata Point and Whangamoa Head at Whakapuaka (Delaware Bay east of Nelson) as a taiapure-local fishery has been agreed to in principle by the Associate Minister for Food, Fibre, Biosecurity and Border Control after consultation with the Minister of Maori Affairs and having regard to the provisions of section 176(2) of the Fisheries Act 1996.

3 Description of proposed taiapure-local fishery
  • The proposed taiapure-local fishery relates to all the marine and estuarine waters enclosed by a line—

    • (a) commencing at Ataata Point (at 41°09.44′S and 173°24.20′E); then

    • (b) proceeding on a bearing of 22°00′ for a distance of 1 460 metres to a point off Fall Cove 200 metres seaward from the mean high water mark of Pepin Island (at 41°08.71′S and 173°24.59′E); then

    • (c) proceeding on a bearing of 333°00′ for a distance of 225 metres to a point 200 metres seaward from the mean high water mark of Pepin Island (at 41°08.60′S and 173°24.52′E); then

    • (d) proceeding on a bearing of 18°15′ for a distance of 475 metres to a point 200 metres seaward from the mean high water mark of Pepin Island (at 41°08.36′S and 173°24.62′E); then

    • (e) proceeding on a bearing of 41°45′ for a distance of 670 metres to a point off Maheipuku Point 200 metres seaward from the mean high water mark of Pepin Island (at 41°08.09′S and 173°24.94′E); then

    • (f) proceeding on a bearing of 109°45′ for a distance of 585 metres to a point off Platform Point 200 metres seaward from the mean high water mark of Pepin Island (at 41°08.20′S and 173°25.33′E); then

    • (g) proceeding on a bearing of 66°36′ for a distance of 8 380 metres to Whangamoa Head (at 41°06.39′S and 173°30.83′E); then

    • (h) proceeding generally in a south-westerly direction along the mean high water mark of Delaware Bay to the western most point of Maori Pa Beach (at 41°09.76′S and 173°26.45′E); then

    • (i) proceeding on a bearing of 270°00′ for a distance of 150 metres to a point on the mean high water mark of Pepin Island (at 41°09.76′S and 173°26.35′E); then

    • (j) proceeding generally in a northerly, westerly, and southerly direction along the mean high water mark of Pepin Island and Cable Bay to the point of commencement.

4 Public inspection of proposal
  • (1) A copy of the proposal is available for public inspection, for a period of not less than 2 months after the date on which this notice is notified in the Gazette, at the following addresses:

    • (a) Maori Land Court, Aoraki, 76 Peterborough Street, Christchurch:

    • (b) Ministry of Fisheries, 118 Vickerman Street, Nelson:

    • (c) Ministry of Fisheries (Head Office), ASB Bank House, 101–103 The Terrace, Wellington:

    • (d) Nelson City Council, 110 Trafalgar Street, Nelson:

    • (e) Elma Turner Library, 27 Halifax Street, Nelson.

    (2) A copy of the proposal may be obtained by telephoning the Ministry of Fisheries, Nelson on (03) 548-1069.

5 Objections to, and submissions on, proposal
  • (1) This clause applies to any person who—

    • (a) is a public authority, local authority, or body specifically constituted by or under any Act, or a Minister of the Crown; or

    • (b) has any function, power, or duty that relates to, or who is or could be affected by, any aspect of the proposed taiapure-local fishery.

    (2) A person to whom this clause applies may lodge—

    • (a) an objection to the proposal; or

    • (b) submissions in relation to the proposal; or

    • (c) both.

    (3) Any objections or submissions must be lodged at the Maori Land Court, 76 Peterborough Street, PO Box 2200, Christchurch.

    (4) Any objections or submissions must—

    • (a) identify the grounds on which the objections or submissions are made; and

    • (b) be supplemented by such particulars or information as the Registrar of the Maori Land Court notifies the applicant the Registrar considers necessary to sufficiently identify the grounds for the objections or submissions.

    (5) The objections or submissions must be lodged no later than 2 months after the date on which this notice is notified in the Gazette.

Dated this 18th day of March 1999.

W R Tuck,
Chief Executive of the Ministry of Fisheries.


Explanatory note

This note is not part of the notice, but is intended to indicate its general effect.

This notice, which comes into force on the day after the date of its notification in the Gazette, gives notice of a proposal to establish a taiapure-local fishery at Whakapuaka east of Nelson.

The proposal is available for public inspection for a period of not less than 2 months after the date of notification of this notice in the Gazette. During that time persons who or that may be affected by any aspect of the proposed taiapure-local fishery may lodge an objection or make submissions with the Maori Land Court.


Issued under the authority of the Acts and Regulations Publication Act 1989.

Date of notification in Gazette: 25 March 1999.


Contents

  • 1General

  • 2Status of reprints

  • 3How reprints are prepared

  • 4Changes made under section 17C of the Acts and Regulations Publication Act 1989

  • 5List of amendments incorporated in this reprint (most recent first)


Notes
1 General
  • This is a reprint of the Fisheries (Notification of Proposal to Establish Whakapuaka Taiapure-Local Fishery) Notice 1999. The reprint incorporates all the amendments to the notice as at 26 March 1999, as specified in the list of amendments at the end of these notes.

    Relevant provisions of any amending enactments that have yet to come into force or that contain relevant transitional or savings provisions are also included, after the principal enactment, in chronological order.

2 Status of reprints
  • Under section 16D of the Acts and Regulations Publication Act 1989, reprints are presumed to correctly state, as at the date of the reprint, the law enacted by the principal enactment and by the amendments to that enactment. This presumption applies even though editorial changes authorised by section 17C of the Acts and Regulations Publication Act 1989 have been made in the reprint.

    This presumption may be rebutted by producing the official volumes of statutes or statutory regulations in which the principal enactment and its amendments are contained.

3 How reprints are prepared
  • A number of editorial conventions are followed in the preparation of reprints. For example, the enacting words are not included in Acts, and provisions that are repealed or revoked are omitted. For a detailed list of the editorial conventions, see http://www.pco.parliament.govt.nz/editorial-conventions/ or Part 8 of the Tables of New Zealand Acts and Ordinances and Statutory Regulations and Deemed Regulations in Force.

4 Changes made under section 17C of the Acts and Regulations Publication Act 1989
  • Section 17C of the Acts and Regulations Publication Act 1989 authorises the making of editorial changes in a reprint as set out in sections 17D and 17E of that Act so that, to the extent permitted, the format and style of the reprinted enactment is consistent with current legislative drafting practice. Changes that would alter the effect of the legislation are not permitted.

    A new format of legislation was introduced on 1 January 2000. Changes to legislative drafting style have also been made since 1997, and are ongoing. To the extent permitted by section 17C of the Acts and Regulations Publication Act 1989, all legislation reprinted after 1 January 2000 is in the new format for legislation and reflects current drafting practice at the time of the reprint.

    In outline, the editorial changes made in reprints under the authority of section 17C of the Acts and Regulations Publication Act 1989 are set out below, and they have been applied, where relevant, in the preparation of this reprint:

    • omission of unnecessary referential words (such as of this section and of this Act)

    • typeface and type size (Times Roman, generally in 11.5 point)

    • layout of provisions, including:

      • indentation

      • position of section headings (eg, the number and heading now appear above the section)

    • format of definitions (eg, the defined term now appears in bold type, without quotation marks)

    • format of dates (eg, a date formerly expressed as the 1st day of January 1999 is now expressed as 1 January 1999)

    • position of the date of assent (it now appears on the front page of each Act)

    • punctuation (eg, colons are not used after definitions)

    • Parts numbered with roman numerals are replaced with arabic numerals, and all cross-references are changed accordingly

    • case and appearance of letters and words, including:

      • format of headings (eg, headings where each word formerly appeared with an initial capital letter followed by small capital letters are amended so that the heading appears in bold, with only the first word (and any proper nouns) appearing with an initial capital letter)

      • small capital letters in section and subsection references are now capital letters

    • schedules are renumbered (eg, Schedule 1 replaces First Schedule), and all cross-references are changed accordingly

    • running heads (the information that appears at the top of each page)

    • format of two-column schedules of consequential amendments, and schedules of repeals (eg, they are rearranged into alphabetical order, rather than chronological).

5 List of amendments incorporated in this reprint (most recent first)