Fisheries (South Island Customary Fishing) Regulations 1999

  • This version was replaced on 16 February 2018 to make a correction to regulation 36(2) under section 25(1)(j)(ii) of the Legislation Act 2012.
20 Declaration of mātaitai reserve

(1)

Subject to regulation 19, 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 the tangata whenua making the application and the proposed mātaitai reserve; and

(b)

the general aims of management specified in the application under regulation 17 are consistent with the sustainable management of the fishery to which the application relates; and

(c)

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

(d)

the Minister and the tangata whenua are able to agree on suitable conditions for the proposed mātaitai reserve; and

(e)

the proposed 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)

prevent persons with a commercial fishing permit for a non-quota management species taking fish, aquatic life, or seaweed under their permit within the area for which that permit has been issued; 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 17 does not meet 1 or more of the criteria set out in subclause (1), the Minister must decline that 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 that fact and state the reasons for declining.

(3)

Non-compliance with any time period specified in regulation 18 or regulation 19 does not prevent the Minister declaring a mātaitai reserve in accordance with this regulation.

(4)

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 practicable.