These regulations may be cited as the Titi (Muttonbird) Islands Regulations 1978.

These regulations shall come into force on the day after the date of their notification in the Gazette.

These regulations shall apply to the Titi Islands and other islands adjacent to Stewart Island mentioned in the deed of cession of Stewart Island dated 29 June 1864.

In these regulations, unless the context otherwise requires,—

A non-Rakiura Maori—

However, subclause (1) does not apply to a non-Rakiura Maori who is a family member of a beneficiary if—

Notwithstanding any other provision of these regulations, no person shall enter the said land earlier than 15 March in any year, or such earlier date as the Committee may approve in writing.

The Committee may—

A beneficiary shall not require a permit to enter any beneficial island in which he has a beneficial interest, but no other Rakiura Maori shall enter any beneficial island in any year without the consent of the majority of beneficiaries entitled to a beneficial interest in that island:

Any person desiring to enter upon a beneficial island under an authority given under this regulation may be required to satisfy the Supervisor for the island of the validity of that authority:

A person who contravenes subclause (1), (2), or (3) commits an infringement offence and is liable to—

Birding shall not commence earlier than 1 April and must cease with 31 May in each year, and no person shall take muttonbirds at any other time.

No person shall take any parent bird at any time, either on or off the said land.

Every person making holes in burrows to take out the birds shall cause those holes to be refilled and stopped, where it is possible to do so, so that no water can enter the holes and thereby destroy the burrows.

Every person taking any dog on to the said land shall keep it properly chained up to prevent it destroying the burrows. If dogs are used to catch the birds, they must be kept by the owner under his absolute control, and he shall be responsible for any damage done by them.

No person shall take any cat, or cause any cat to be taken, on to the said land.

No person shall light any fire on the said land except for domestic purposes or a signal fire in cases of emergency, and any fire originating from torches or otherwise accidently must be immediately extinguished by the person causing it to be lit.

All persons frequenting the said land shall take all necessary precautions to provide for the exclusion and destruction of vermin, such as rats, mice, stoats, and weasels.

Every person taking muttonbirds must immediately dispose of all refuse and offal therefrom in a lawful manner and must not allow the same to accumulate and become a nuisance and menace to health.

Manus (or bird-catching areas) on a beneficial island shall be allotted to persons by the majority of the beneficiaries present on their island in the year the manus are allotted or, if such a majority of beneficiaries cannot agree on allotment, by the Supervisor for the island.

No person shall have any firearm in his possession while he is on the said land.

A person who contravenes any of subclauses (1) to (8) or (10) commits an infringement offence and is liable to—

No beneficiary or other person authorised to enter on any beneficial island shall erect any house, whare, or other building thereon other than on a site approved in writing by the majority of the beneficiaries present on their island in the year the site is selected or, if such a majority of beneficiaries cannot agree on a site, approved in writing by the Supervisor for the island.

The Supervisor for the beneficial island shall forward to the Committee a copy of any written approval of a site given pursuant to subclause (1).

In the event of the Committee being required to adjudicate upon any dispute over the allocation of a building site, it shall do so on the basis of 1 building site for each succession order relating to the land.

A written approval of a site given pursuant to subclause (1) shall lapse if the foundations of the proposed building have not been erected on the site within 12 months of the date the approval was given.

A building erected on a site approved pursuant to subclause (1) shall be the sole property of the person who required or directed its erection, and shall not be removed or destroyed unless—

A person may, by written notice to that effect to the Committee, transfer his property in a building erected on a beneficial island to any beneficiary or other person authorised to enter on the island.

A person who contravenes subclause (1) or (5) commits an infringement offence and is liable to—

The Rakiura Maoris frequenting any island forming part of the said land or any part of any such island may at the annual meeting held in accordance with regulation 7(1) nominate one of their number, who, after appointment by the Committee, shall be the Supervisor for the particular island or part of an island. The Supervisor shall be responsible for ensuring a fair and equitable distribution of the privileges, opportunities, and rights under the regulations of all persons authorised to enter the island or part of an island. In addition to any other powers prescribed in these regulations, the Supervisor shall have power to call meetings of all beneficiaries on their island at the time for the purpose of approving sites for buildings and allotting manus and generally supervise the conduct of birding operations on the area under his supervision. He shall be required to report to the Committee any infringement of these regulations. Failing the nomination of a Supervisor for any area, the Committee may make the appointment.

If there is any dispute between Supervisors concerning the allotting of manus or any other dispute arising out of these regulations, the dispute shall be referred to the Committee who shall call a meeting of the Supervisors or other parties concerned to settle the dispute as soon as possible thereafter. Failing agreement being reached by the Supervisors or parties, or if they do not attend the meeting so called, the Committee shall make the decision, which shall be final and binding on all parties.

Not later than 23 February in each year, the Committee shall call an annual meeting of all interested Rakiura Maoris and their spouses. At each such meeting—

For the avoidance of doubt, subclause (1)(a) does not limit the Committee’s power to issue permits at other times.

In addition to the annual meeting to be held pursuant to subclause (1), either the Director-General or the Committee may at any time call a meeting of all interested Rakiura Maoris and their spouses.

Notice of the calling of a meeting specified in subclause (1) or subclause (2) shall be given by the person calling it by notice advertised in leading daily newspapers published in the Southland, Otago, and Canterbury Land Districts not later than 1 month before the date set for the meeting.

The Committee may at any time call a meeting of all Supervisors.

In this regulation, spouse includes any person who—

The Committee shall inquire into and make recommendations to the Director-General upon any matter relating to the said land that he may refer to it and upon such other matters as it thinks fit.

The members of the Committee shall hold office from the expiry of the annual meeting at which they were elected to the expiry of the next annual meeting held in accordance with regulation 7(1).

Subject to these regulations, the Committee may meet together for the dispatch of business, adjourn, and otherwise regulate its meetings, as it thinks fit. Questions arising at any meeting of the Committee shall be decided by a majority of votes. In case of an equality of votes, the chairman of the Committee shall have a second or casting vote. Any member of the Committee may at any time summon a meeting of the Committee. It shall not be necessary to give notice of a meeting of the Committee to any member of the Committee for the time being absent from New Zealand.

If the chairman of the Committee is absent from any meeting of the Committee, the members of the Committee present may choose one of their number to be chairman of the meeting.

The quorum necessary for the transaction of the business of the Committee shall be 6.

The Committee may delegate any of its powers to subcommittees consisting of such member or members of the Committee as it thinks fit; and any subcommittee so formed shall in the exercise of the powers so delegated conform to any rules that may be imposed on it by the Committee.

A beneficiary (an applicant) who is dissatisfied with a decision of the Committee may apply, in writing to the Committee, for the matter to be referred to an independent decision maker for resolution.

The Committee must,—

The person to be appointed as independent decision maker—

The procedures for resolution may—

The independent decision maker must attempt to resolve the matter by mediation.

However, if the independent decision maker believes that mediation has failed, or will fail, to resolve the matter, he or she may resolve the matter in any way he or she considers appropriate.

Nothing in this regulation prevents more than 1 independent decision maker being appointed in relation to a particular matter and, if more than 1 independent decision maker is appointed, this regulation applies with all necessary modifications.

Nothing in regulations 7 and 8 shall in any way limit the exercise by the Director-General of any powers he may have in respect of the said land.

The Director-General, a person appointed in writing by the Director-General, a person authorised in writing by the Committee, a Supervisor, or a Police constable may—

All muttonbirds found in possession of a person on, or in the vicinity of, the said land are presumed to have been taken in contravention of these regulations until proof to the contrary is given.

A person who hinders or obstructs a person acting under subclause (1)(a) commits an offence and is liable on conviction to a fine not exceeding $200.

The following regulations are hereby consequentially revoked: