Fisheries (South Island Customary Fishing) Regulations 1999

25 Power to restrict or prohibit fishing in mātaitai reserves

(1)

The Tāngata Tiaki/Kaitiaki of a mātaitai reserve may make bylaws restricting or prohibiting the taking of fish, aquatic life, or seaweed from within the whole or any part of the mātaitai reserve for any purpose that the Tāngata Tiaki/Kaitiaki consider necessary for the sustainable management of the fish, aquatic life, and seaweed in that mātaitai reserve.

(2)

Bylaws made under this regulation may impose restrictions or prohibitions relating to all or any of the following matters:

(a)

the species of fish, aquatic life, and seaweed that may be taken:

(b)

the quantity of each species that may be taken:

(c)

size limits relating to each species to be taken:

(d)

the method by which each species may be taken:

(e)

the area or areas in which each species may be taken:

(f)

any other matters the Tāngata Tiaki/Kaitiaki consider necessary for the sustainable management of fisheries resources, including (without limitation) customary food gathering purposes, in the mātaitai reserve.

(3)

Bylaws made under this regulation apply generally to all persons fishing in the mātaitai reserve.

(4)

Bylaws made under this regulation—

(a)

must be deposited with any office of the Ministry; and

(b)

must be open to inspection by, and for the purposes of receiving submissions from, the public at the following places during office hours for at least 15 working days immediately before the date on which the restriction or prohibition is notified to the Minister under regulation 26:

(i)

the office of the Ministry nearest the mātaitai reserve; and

(ii)

a place near the mātaitai reserve that is designated by the chief executive for the purpose.

(5)

The chief executive must notify in a newspaper circulating in the locality of the mātaitai reserve the fact that a bylaw has been deposited under subclause (4) and the place where that bylaw may be inspected.

(6)

The Tāngata Tiaki/Kaitiaki may amend any bylaw deposited with the Ministry under subclause (4), in light of any submission received, and need not deposit the amended bylaw with the Ministry before notifying the Minister of that restriction or prohibition under regulation 26.

Regulation 25 heading: amended, on 1 January 2020, by regulation 26(1) of the Fisheries (South Island Customary Fishing) Amendment Regulations 2019 (LI 2019/293).

Regulation 25(1): amended, on 1 January 2020, by regulation 26(2)(a) of the Fisheries (South Island Customary Fishing) Amendment Regulations 2019 (LI 2019/293).

Regulation 25(1): amended, on 1 January 2020, by regulation 26(2)(b) of the Fisheries (South Island Customary Fishing) Amendment Regulations 2019 (LI 2019/293).

Regulation 25(2)(f): amended, on 1 January 2020, by regulation 26(3) of the Fisheries (South Island Customary Fishing) Amendment Regulations 2019 (LI 2019/293).

Regulation 25(4): replaced, on 1 January 2020, by regulation 26(4) of the Fisheries (South Island Customary Fishing) Amendment Regulations 2019 (LI 2019/293).

Regulation 25(6): amended, on 1 January 2020, by regulation 26(5) of the Fisheries (South Island Customary Fishing) Amendment Regulations 2019 (LI 2019/293).