Fisheries (South Island Customary Fishing) Regulations 1999

20 Decision to establish mātaitai reserve

(1)

Subject to regulation 19, the Minister must decide to establish an area as a mātaitai reserve if satisfied that—

(a)

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

(b)

the general aims of management specified in the application 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 tāngata whenua; and

(d)

the Minister and the tāngata 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 19 does not prevent—

(a)

the Minister from making a decision under this regulation; or

(b)

the declaration of a mātaitai reserve under regulation 22.

(4)

[Revoked]

Regulation 20 heading: amended, on 1 January 2020, by regulation 21(1) of the Fisheries (South Island Customary Fishing) Amendment Regulations 2019 (LI 2019/293).

Regulation 20(1): amended, on 1 January 2020, by regulation 21(2) of the Fisheries (South Island Customary Fishing) Amendment Regulations 2019 (LI 2019/293).

Regulation 20(1)(a): amended, on 1 January 2020, by regulation 21(3) of the Fisheries (South Island Customary Fishing) Amendment Regulations 2019 (LI 2019/293).

Regulation 20(1)(b): amended, on 1 January 2020, by regulation 21(4) of the Fisheries (South Island Customary Fishing) Amendment Regulations 2019 (LI 2019/293).

Regulation 20(1)(c): amended, on 1 January 2020, by regulation 21(5) of the Fisheries (South Island Customary Fishing) Amendment Regulations 2019 (LI 2019/293).

Regulation 20(1)(d): amended, on 1 January 2020, by regulation 21(5) of the Fisheries (South Island Customary Fishing) Amendment Regulations 2019 (LI 2019/293).

Regulation 20(3): replaced, on 1 January 2020, by regulation 21(6) of the Fisheries (South Island Customary Fishing) Amendment Regulations 2019 (LI 2019/293).

Regulation 20(4): revoked, on 1 January 2020, by regulation 21(6) of the Fisheries (South Island Customary Fishing) Amendment Regulations 2019 (LI 2019/293).