Te Arawa Lakes (Fisheries) Regulations 2006
Checking for alerts... Loading...
Version as at 6 October 2023
Te Arawa Lakes (Fisheries) Regulations 2006
(SR 2006/340)
Anand Satyanand, Governor-General
Order in Council
At Wellington this 13th day of November 2006
Present:
His Excellency the Governor-General in Council
Note
The Parliamentary Counsel Office has made editorial and format changes to this version using the powers under subpart 2 of Part 3 of the Legislation Act 2019.
Note 4 at the end of this version provides a list of the amendments included in it.
These regulations are administered by the Ministry for Primary Industries.
Pursuant to sections 74 to 79 of the Te Arawa Lakes Settlement Act 2006, His Excellency the Governor-General, acting on the advice and with the consent of the Executive Council, makes the following regulations.
Contents
Regulations
1 Title
These regulations are the Te Arawa Lakes (Fisheries) Regulations 2006.
2 Commencement
These regulations come into force on 15 December 2006.
3 Interpretation
(1)
In these regulations, unless the context otherwise requires,—
Act means the Te Arawa Lakes Settlement Act 2006
additional poutiriao means a poutiriao who—
(a)
is nominated and appointed in accordance with regulations 8 and 9; but
(b)
is not a member of the komiti whakahaere
associated harvester means a person named on a puka whakamana for the purpose of participating in customary food gathering with the person authorised to undertake customary food gathering
fishery officer has the same meaning as in section 2 of the Fisheries Act 1996
komiti whakahaere means a fisheries management committee established under regulation 4(1)
mahire whakahaere means a management plan made in accordance with regulations 12 and 13
Minister means the Minister of Fisheries
poutiriao means a person entitled to issue puka whakamana who is either—
(a)
a member of a komiti whakahaere; or
(b)
an additional poutiriao
puka whakamana means an authorisation for customary food gathering issued in form 2 of the Schedule by a poutiriao in accordance with regulations 17 and 18
rehita whakamana means the register of authorisations required by regulation 21.
(2)
A term or expression that is defined in the Act and used, but not defined, in these regulations has the same meaning as in the Act.
Regulation 3(2): editorial change made by the PCO, on 1 November 2024, under sections 86(1) and 87(l)(ii) of the Legislation Act 2019 (2019 No 58).
Komiti whakahaere
4 Establishment of komiti whakahaere
(1)
The Trustees of the Te Arawa Lakes Trust (the Trustees) may, in accordance with regulations 7 and 9, establish 1 or more komiti whakahaere for all or part of the Te Arawa fisheries area.
(2)
Unless a komiti whakahaere is appointed in accordance with these regulations to manage customary food gathering, these regulations are of no effect and the provisions of the fisheries legislation apply to the included species.
Duties and functions
5 Duties and functions of komiti whakahaere
The duties of a komiti whakahaere include the following:
(a)
to prepare a mahire whakahaere for management of the included species in accordance with regulations 12 and 13; and
(b)
to supervise the operation of poutiriao in issuing puka whakamana; and
(c)
to establish and maintain the rehita whakamana required by regulation 21; and
(d)
to report to the Trustees in accordance with regulation 23(1)(a); and
(e)
to submit information to the Minister, as required by regulation 23(1)(b); and
(f)
to undertake functions necessary for the proper administration of these regulations.
6 Duties of poutiriao
The duties of a poutiriao, in relation to the part of the Te Arawa fisheries area for which the poutiriao has responsibility under these regulations, are to—
(a)
receive applications for puka whakamana; and
(b)
consider and determine those applications in accordance with these regulations and the provisions of the mahire whakahaere; and
(c)
despite bylaws made under these regulations, issue puka whakamana in accordance with these regulations; and
(d)
complete in an accurate and timely way the recording and reporting required by these regulations.
Appointments
7 Membership of komiti whakahaere
(1)
To establish a komiti whakahaere, the Trustees must,—
(a)
after taking into account the wider views of the relevant iwi and hapū of Te Arawa, nominate persons to be the members of a komiti whakahaere; and
(b)
specify the part of the Te Arawa fisheries area for which a komiti whakahaere or an individual member of a komiti whakahaere has responsibility; and
(c)
consult with the members of Te Arawa on those nominations; and
(d)
give notice of those nominations in form 1 of the Schedule to the Minister, specifying—
(i)
the name and contact details of each person nominated; and
(ii)
the part of the Te Arawa fisheries area where each person will exercise the functions of a poutiriao under these regulations; and
(iii)
the date on which an appointment takes effect and the date of expiry of the appointment.
(2)
Each member of a komiti whakahaere nominated and appointed under this regulation is a poutiriao.
(3)
The notice required by subclause (1)(d) may be transmitted to the Minister by any electronic medium.
8 Appointment of additional poutiriao
(1)
The Trustees may appoint persons who are not members of a komiti whakahaere to be additional poutiriao in relation to all or a specified part of the Te Arawa fisheries area.
(2)
To provide for the appointment of an additional poutiriao, the Trustees must,—
(a)
after taking into account the wider views of the relevant iwi and hapū of Te Arawa, nominate a person to be an additional poutiriao; and
(b)
specify the part of the Te Arawa fisheries area where the additional poutiriao will exercise the functions of a poutiriao under these regulations; and
(c)
satisfy the requirements of regulation 7(1)(c) and (d) .
9 Minister to confirm and notify appointments
(1)
If the Trustees advise the Minister in writing that they have complied with these regulations, the Minister must, not later than 40 working days after receiving notice of a nomination under regulation 7 or 8, confirm the appointment by public notice—
(a)
in the Gazette; and
(b)
in a newspaper circulating in the locality of the Te Arawa fisheries area.
(2)
The notice required by subclause (1) must include the matters required by regulation 7(1)(d).
10 Cancellation of appointments
(1)
The Trustees—
(a)
must notify the Minister if a poutiriao resigns from, or dies in, office; and
(b)
may, if a poutiriao acts inconsistently with these regulations or for any other reasonable cause, request the Minister to cancel the appointment of that poutiriao.
(2)
The Minister must, as soon as is reasonably practicable after receiving a notice or request from the Trustees under subclause (1),—
(a)
cancel the appointment of the poutiriao; and
(b)
notify the cancellation—
(i)
in the Gazette; and
(ii)
in a newspaper circulating in the locality of the Te Arawa fisheries area.
(3)
If a poutiriao acts inconsistently with these regulations, the Minister may, after consulting with the Trustees, cancel an appointment confirmed and notified under regulation 9.
(4)
The Minister must notify a cancellation under subclause (3) in accordance with subclause (2)(b).
(5)
Cancellation takes effect on the date specified in the Gazette notice.
11 Reappointment or replacement
(1)
If, for any reason, a person ceases to be a poutiriao, the Trustees may—
(a)
reappoint the person for a further term; or
(b)
appoint another person to replace the person who has ceased to be a poutiriao.
(2)
An appointment or reappointment under subclause (1) must be—
(a)
made in accordance with the requirements of regulation 7 or 8, as the case may be; and
(b)
confirmed and notified in accordance with regulation 9.
(3)
A person whose appointment is cancelled under regulation 10(1)(b) or (3) is not eligible for reappointment as a poutiriao.
Mahire whakahaere for Te Arawa fisheries area
12 Process for making mahire whakahaere
(1)
In preparing a mahire whakahaere for the management of included species, a komiti whakahaere must—
(a)
notify and make a draft mahire whakahaere publicly available for 30 working days; and
(b)
receive and consider any submissions; and
(c)
after making any changes to the draft mahire whakahaere that the komiti whakahaere considers appropriate, submit the draft mahire whakahaere to the Trustees for approval.
(2)
Before the Trustees approve a draft mahire whakahaere, they must be satisfied that it—
(a)
provides adequately for the matters required under regulation 13; and
(b)
is consistent with any policies the Trustees have established for the purpose of achieving the sustainable utilisation of included species.
(3)
If the Trustees are satisfied as to the matters set out in subclause (2), they must approve the draft mahire whakahaere and give public notice—
(a)
that the mahire whakahaere has been approved; and
(b)
as to where the mahire whakahaere may be seen.
(4)
A public notice required by this regulation must be given at least once—
(a)
in a newspaper, periodical publication, or other news publication that circulates nationally, or by any other practicable means (including any electronic medium); and
(b)
in a publication that circulates in the locality of the Te Arawa fisheries area.
13 Contents of mahire whakahaere
(1)
A draft mahire whakahaere prepared under regulation 12 must state—
(a)
the purposes of the mahire whakahaere, which must include the purpose of ensuring sustainability of the included species in the Te Arawa fisheries area; and
(b)
the management objectives for the included species in all or a specified part of the Te Arawa fisheries area; and
(c)
any limitations that apply to the issuing of puka whakamana; and
(d)
the matters for which bylaws are required; and
(e)
the species to which restrictions or prohibitions must apply.
(2)
A mahire whakahaere must not be inconsistent with—
(a)
the purpose and principles of the Fisheries Act 1996; or
(b)
bylaws made under these regulations; or
(c)
policies developed by the Trustees for the management of included species.
Puka whakamana
14 Puka whakamana required for all customary food gathering
No person may take or possess an included species for customary food gathering from the Te Arawa fisheries area unless in accordance with a puka whakamana issued by a poutiriao under these regulations.
15 Purpose and scope of puka whakamana
(1)
A puka whakamana issued by a poutiriao entitles the person authorised to take and possess, for the purpose of customary food gathering, included species from the whole or a specified part of the Te Arawa Lakes fisheries area, in accordance with—
(a)
these regulations; and
(b)
any specified conditions.
(2)
A puka whakamana may only be issued if it is consistent with, and promotes the purposes of, the mahire whakahaere.
(3)
A puka whakamana may be issued for any period specified in the puka whakamana.
Regulation 15(3): amended, on 6 October 2023, by regulation 4 of the Te Arawa Lakes (Fisheries) Amendment Regulations 2023 (SL 2023/245).
16 Application for puka whakamana
(1)
Any person may make a request to a poutiriao for a puka whakamana.
(2)
The person requesting a puka whakamana must provide to the poutiriao the information required by regulation 18(2).
(3)
A request must be made not less than 48 hours before the time when the puka whakamana is required, unless there are exceptional circumstances, such as a tangi, that justify a shorter period.
17 Determination of request for puka whakamana
(1)
In determining a request for a puka whakamana, a poutiriao must not issue a puka whakamana unless the poutiriao is satisfied that—
(a)
the request—
(i)
is for customary food gathering; and
(ii)
relates to an area for which that poutiriao has responsibility under these regulations; and
(b)
the customary food gathering for which the puka whakamana has been issued would, if the puka whakamana were properly exercised, comply with the provisions of the mahire whakahaere.
(2)
A poutiriao may—
(a)
authorise an applicant to take 1 or more included species from the whole or a specified part of the Te Arawa fisheries area; and
(b)
impose any conditions that the poutiriao thinks necessary, including—
(i)
the included species that may be taken and possessed under the puka whakamana; and
(ii)
the quantity of an included species that may be taken or possessed; and
(iii)
the size limits that apply for the included species to which the puka whakamana applies; and
(iv)
the method by which an included species may be taken; and
(v)
the part of the Te Arawa fisheries area to which the puka whakamana applies; and
(vi)
where the catch may be used; and
(via)
reporting requirements that support the management objectives of the mahire whakahaere; and
(vii)
any other matters relating to customary food-gathering that the person issuing the puka whakamana may reasonably specify.
(3)
As soon as is reasonably practicable after receiving a request for a puka whakamana, a poutiriao must—
(a)
make a decision on the request; and
(b)
if the request is declined, notify the applicant of that fact.
Regulation 17(2)(b)(via): inserted, on 6 October 2023, by regulation 5 of the Te Arawa Lakes (Fisheries) Amendment Regulations 2023 (SL 2023/245).
18 Form and contents of puka whakamana
(1)
A poutiriao may issue a puka whakamana—
(a)
in writing or by or in any electronic medium in form 2 of the Schedule, as provided by the Minister for the purpose; or
(b)
if it is impracticable to do so in writing or by or in any electronic medium, orally, as by telephone, for example.
(2)
A puka whakamana must include a record of—
(a)
the name, address, and other contact details of—
(i)
the person authorised to take and possess included species; and
(ii)
any associated harvesters; and
(b)
the date and time when the puka whakamana—
(i)
is issued; and
(ii)
will expire; and
(c)
the part of the Te Arawa fisheries area to which the puka whakamana applies; and
(d)
the included species to which the puka whakamana applies; and
(e)
where the catch may be used; and
(f)
any conditions imposed under regulation 17(2)(b).
(3)
If a puka whakamana is issued in writing or orally, the poutiriao must complete 3 copies of the puka whakamana in form 2 of the Schedule.
(4)
If a puka whakamana is issued in writing, the poutiriao must provide 1 copy of the puka whakamana to the person authorised.
(4A)
If a puka whakamana is issued by or in any electronic medium, the poutiriao must—
(a)
note on the puka whakamana that it is issued electonically; and
(b)
retain an electronic copy, as required for the purpose of regulation 22(1); and
(c)
provide an electronic copy of the puka whakamana to the person authorised.
(5)
If a puka whakamana is issued orally, the poutiriao must—
(a)
complete the puka whakamana by recording, in form 2 of the Schedule, the information required by subclause (2) and noting on it that the puka whakamana is issued orally; and
(b)
retain all the copies, as required for the purpose of regulation 22(1).
(6)
[Revoked]Regulation 18(1)(a): amended, on 6 October 2023, by regulation 6(1) of the Te Arawa Lakes (Fisheries) Amendment Regulations 2023 (SL 2023/245).
Regulation 18(1)(b): amended, on 6 October 2023, by regulation 6(1) of the Te Arawa Lakes (Fisheries) Amendment Regulations 2023 (SL 2023/245).
Regulation 18(3): amended, on 6 October 2023, by regulation 6(2) of the Te Arawa Lakes (Fisheries) Amendment Regulations 2023 (SL 2023/245).
Regulation 18(4A): inserted, on 6 October 2023, by regulation 6(3) of the Te Arawa Lakes (Fisheries) Amendment Regulations 2023 (SL 2023/245).
Regulation 18(6): revoked, on 6 October 2023, by regulation 6(4) of the Te Arawa Lakes (Fisheries) Amendment Regulations 2023 (SL 2023/245).
19 Production of puka whakamana to fishery officer
The person to whom a puka whakamana is issued must—
(a)
in the case of a written puka whakamana,—
(i)
ensure that the copy of the puka whakamana provided under regulation 18(4) is on his or her person at all times while gathering included species; and
(ii)
produce the copy of the puka whakamana, upon request, to a fishery officer; or
(aa)
in the case of a puka whakamana issued by or in any electronic medium, if requested by a fishery officer,—
(i)
provide an electronic copy of the puka whakamana to the officer; or
(ii)
advise the officer orally of the number and other particulars of the puka whakamana issued to that person; or
(b)
in the case of a puka whakamana issued orally, if requested by a fishery officer, advise the officer orally of the number and other particulars of the puka whakamana issued to that person.
Regulation 19(aa): inserted, on 6 October 2023, by regulation 7 of the Te Arawa Lakes (Fisheries) Amendment Regulations 2023 (SL 2023/245).
20 Reporting on customary food gathering
(1)
A person to whom a puka whakamana is issued must complete form 2 of the Schedule and, not later than 48 hours after the expiry of the puka whakamana—
(a)
if issued in writing, return the completed form 2 to the poutiriao who issued the puka whakamana; or
(b)
if issued by or in any electronic medium or orally, report to that poutiriao orally on—
(i)
the quantity and kinds of included species taken; and
(ii)
the part of the Te Arawa fisheries area from which the species were taken; and
(iii)
where the catch was used.
(2)
In the case of a puka whakamana issued by or in any electronic medium or orally, the poutiriao must complete the puka whakamana by recording the information received under subclause (1)(b) on the copies of the puka whakamana retained by the poutiriao.
Regulation 20(1)(b): amended, on 6 October 2023, by regulation 8 of the Te Arawa Lakes (Fisheries) Amendment Regulations 2023 (SL 2023/245).
Regulation 20(2): amended, on 6 October 2023, by regulation 8 of the Te Arawa Lakes (Fisheries) Amendment Regulations 2023 (SL 2023/245).
Recordkeeping and reporting
21 Rehita whakamana
The komiti whakahaere must ensure that there is a rehita whakamana containing a current record of all included species taken in accordance with a puka whakamana in the part of the Te Arawa fisheries area for which it has responsibility, including—
(a)
the total number of puka whakamana issued; and
(b)
the total quantity of each included species taken under those puka whakamana.
22 Responsibilities of poutiriao
(1)
Every poutiriao who issues puka whakamana must ensure that at least once every 3 months a copy of each completed puka whakamana is provided to the komiti whakahaere.
(2)
If a fishery officer has reasonable cause to suspect that an offence has been committed or is likely to be committed under these regulations, the officer may request a poutiriao to produce a copy of the puka whakamana to which the suspected offence relates.
(3)
The poutiriao must, if requested under subclause (2), produce a copy of the puka whakamana.
Reporting to Trustees and to Minister
23 Reporting responsibilities of komiti whakahaere
(1)
As soon as practicable after 31 March in each year (but not later than 1 June), the komiti whakahaere must, in relation to its activities undertaken in the preceding 12 months in the Te Arawa fisheries area,—
(a)
report in writing to the Trustees on—
(i)
the management of customary food gathering by the komiti whakahaere; and
(ii)
the total number of puka whakamana issued under regulation 18; and
(iii)
the total quantity of each included species taken under those puka whakamana; and
(iv)
the parts of the Te Arawa fisheries area from which each species was taken; and
(b)
for the purposes of the Fisheries Act 1996, submit to the Minister in form 3 of the Schedule the information required by that form.
(2)
Form 3 of the Schedule may be submitted to the Minister by or in any electronic medium.
Reporting by Trustees
24 Trustees to report
The Trustees must, at the annual general meeting or at another meeting called for the purpose, advise the members of Te Arawa of the matters relevant to the management of the Te Arawa fisheries area in the preceding year, including but not limited to,—
(a)
management of the included species; and
(b)
any restrictions and prohibitions relating to customary food gathering that are in force under bylaws made under these regulations; and
(c)
whether the provisions of the mahire whakahaere and any bylaws are achieving the objectives of those instruments; and
(d)
the state of each fishery in relation to each included species; and
(e)
information on the quantity of included species taken under bylaws made under these regulations, if that information is available.
Bylaws
25 Trustees may make bylaws
(1)
The Trustees may make bylaws applying to the whole or a specified part of the Te Arawa fisheries area—
(a)
to restrict or prohibit—
(i)
the taking or possession of an included species:
(ii)
the quantity of an included species that may be taken and possessed:
(b)
for any purpose that the Trustees consider necessary for the sustainable utilisation of 1 or more included species.
(2)
Bylaws made under this regulation must be made in accordance with sections 77 to 79 of the Act.
(3)
Bylaws made under this regulation are secondary legislation (see Part 3 of the Legislation Act 2019 for publication requirements).
| Legislation Act 2019 requirements for secondary legislation made under this regulation | ||||
| Publication | The maker must publish it in the Gazette | LA19 ss 73, 74(1)(a), Sch 1 cl 14 | ||
| Presentation | It is not required to be presented to the House of Representatives because a transitional exemption applies under Schedule 1 of the Legislation Act 2019 | LA19 s 114, Sch 1 cl 32(1)(a) | ||
| Disallowance | It may be disallowed by the House of Representatives | LA19 ss 115, 116 | ||
| This note is not part of the secondary legislation. | ||||
Regulations 25(3): inserted, on 28 October 2021, by regulation 65 of the Legislation Act (Sub-delegated Secondary Legislation) Regulations 2021 (LI 2021/248).
26 Time required for public submissions
When draft bylaws are deposited by the Trustees for inspection by members of the public, notice must be given by the chief executive of the Ministry of Fisheries as to the date by which any submissions must be received, which must be not sooner than 30 business days after the bylaws are notified.
27 When bylaws come into force and take effect
Bylaws made by the Trustees under these regulations come into force and take effect—
(a)
when they are published under the Legislation Act 2019 (see section 79 of the Te Arawa Lakes Settlement Act 2006); or
(b)
at a later date, if specified in the bylaws.
Regulation 27(a): replaced, on 28 October 2021, by regulation 66 of the Legislation Act (Sub-delegated Secondary Legislation) Regulations 2021 (LI 2021/248).
Commercial fishing
28 Role of Trustees in relation to commercial fishing
(1)
The Trustees may recommend to the Minister that commercial fishing in accordance with the enactments referred to in subclause (4)(b) be permitted for an included species within the whole or part of the Te Arawa fisheries area.
(2)
If the Minister permits commercial fishing, the Trustees may provide advice to the Minister on any conditions that should be imposed in respect of that commercial fishing.
(3)
The Minister may only permit commercial fishing in the Te Arawa fisheries area in accordance with the recommendations and advice of the Trustees.
(4)
This regulation—
(a)
does not apply unless the part of the Te Arawa fisheries area and the included species to which the Trustees’ recommendation applies are administered by the Ministry of Fisheries under the Fisheries Act 1996; but
(b)
applies subject to the Fisheries Act 1996 and the relevant regulations made under it, including, but not limited to,—
(i)
(ii)
(iii)
Regulation 28(4)(b)(iii): amended, on 1 October 2017, by regulation 51 of the Fisheries (Reporting) Regulations 2017 (LI 2017/154).
Offences and penalties
29 Offences
Every person commits an offence who—
Taking or possessing included species invalidly
(a)
takes or possesses an included species from within the Te Arawa fisheries area—
(i)
without a valid puka whakamana; or
(ii)
in a manner that is inconsistent with a valid puka whakamana; or
(iii)
in contravention of any bylaws made under these regulations, unless in accordance with a valid puka whakamana:
Puka whakamana
(b)
purports to issue a puka whakamana if the person doing so is not a poutiriao:
(c)
alters a puka whakamana, other than in accordance with these regulations:
Recording and reporting
(d)
fails to report or report accurately on the catch taken under a puka whakamana, as required by regulation 20:
(e)
refuses or fails to produce a valid puka whakamana or to give details of a valid oral puka whakamana if requested under regulation 19:
(f)
refuses or fails to produce a copy of a valid puka whakamana if requested to do so under regulation 22(2):
Commercial fishing
(g)
takes or possesses an included species for any commercial purpose, including sale or other pecuniary gain or trade, unless there is express authority to do so by or under an enactment.
30 Penalties
(1)
A person who commits an offence described in regulation 29(a) to (f) is liable on conviction to a fine not exceeding $10,000.
(2)
A person who has previously been convicted on 1 occasion for an offence described in regulation 29(a), (b), or (c) is liable, on every subsequent occasion on which that person is convicted on conviction for 1 or more of those offences, to a fine not exceeding $20,000 in respect of each offence.
(3)
A person who commits an offence described in regulation 29(g) is liable on conviction to a fine—
(a)
not exceeding $20,000, if that person has not previously been convicted for that offence; or
(b)
not exceeding $100,000, if that person has previously been convicted for that offence.
Regulation 30(1): amended, on 1 July 2013, by section 413 of the Criminal Procedure Act 2011 (2011 No 81).
Regulation 30(2): amended, on 1 July 2013, by section 413 of the Criminal Procedure Act 2011 (2011 No 81).
Regulation 30(3): amended, on 1 July 2013, by section 413 of the Criminal Procedure Act 2011 (2011 No 81).
31 Defences
(1)
This regulation applies if a person is charged with an offence of taking or possessing an included species in contravention of—
(a)
these regulations; or
(b)
bylaws made under these regulations; or
(c)
the conditions of a puka whakamana.
(2)
It is a defence to those proceedings to show that—
(a)
the included species was taken as an inevitable consequence of the lawful taking of other fisheries resources and that the defendant—
(i)
took reasonable precautions and exercised due diligence to avoid the contravention; and
(ii)
advised the poutiriao who issued the puka whakamana in writing as soon as practicable after the included species was taken as an inevitable consequence of the lawful taking of other fish, aquatic life, or seaweed; and
(iii)
disposed of the included species taken as an inevitable consequence of the lawful taking of other fish, aquatic life, or seaweed in accordance with the directions of the poutiriao; or
(b)
the included species was taken as an inevitable consequence of the lawful taking of sports fish and that the defendant—
(i)
took reasonable precautions and exercised due diligence to avoid the contravention; and
(ii)
immediately returned the included species to the water; or
(c)
the taking was for scientific study under the Conservation Act 1987 or the Fisheries Act 1996.
Forms
32 Forms
(1)
The forms prescribed by these regulations are set out in the Schedule.
(2)
A notice or report made under these regulations is not invalid only because it contains minor differences from the prescribed form, as long as the document has the same effect as the prescribed form, contains the information required by these regulations, and is not misleading.
(3)
However, a puka whakamana is not valid unless it is issued in form 2 of the Schedule as provided by the Minister to the Trustees for the purpose.
(4)
A form may be transmitted electronically only if that method of transmission is expressly permitted by these regulations.
Schedule Prescribed forms
Form 1 Notice of nominations for members of komiti whakahaere or additional poutiriao
To the Minister:
The Trustees of the Te Arawa Lakes Trust give notice of the following nominations:
Nominations for membership of komiti whakahaere
Please state the name, address, and phone number of the persons you wish to notify to the Minister to be members of a komiti whakahaere and the part of the Te Arawa fisheries area where each member may exercise the functions of a poutiriao. Please attach additional pages if required.
Name:
Address:
Phone:
Email address:
Date on which appointment takes effect:
Date of expiry of appointment:
Specify the part of the Te Arawa fisheries area where each member of a komiti whakahaere may exercise the functions of a poutiriao:
Signature of nominee:
Nominations of additional poutiriao
Please state the name, address, and phone number of the additional poutiriao you wish to notify to the Minister and the part of the Te Arawa fisheries area where each additional poutiriao may exercise the functions of a poutiriao. Please attach additional pages if required.
Name:
Address:
Phone:
Email address:
Date on which appointment takes effect:
Date of expiry of appointment:
Specify the part of the Te Arawa fisheries area where each additional poutiriao may exercise the functions of a poutiriao:
Signature of nominee:
Trustees, Te Arawa Lakes Trust
Address:
Signature:
Note: This form may be transmitted electronically.
Form 2 Puka whakamana to take included species for customary purposes in Te Arawa fisheries area
Puka whakamana No:
Holder of puka whakamana:
Address:
Phone:
Email:
Associated harvesters (if any):
Catch may be used at:
Purpose of catch:
| Table Authorised harvest and conditions |
| Column 1 | Column 2 | Column 3 | Column 4 | Column 5 | Column 6 | Column 7 | |
| Date and time when species to be taken | Species | Size limit | Quantity (number of green-weight) | Area from which species taken | Method | Actual quantity gathered | |
| Lower | Upper | ||||||
| [specify] | [specify] | [specify] | [specify] | [specify] | [specify] | [specify] | [specify] |
| Note: Poutiriao completes columns 1 to 6; holder of puka whakamana completes column 7. |
Any other conditions:
The holder of this puka whakamana is authorised to take included species as approved in this puka whakamana, provided that they are only taken from the area specified and for the purpose notified. This puka whakamana is not transferable. It must be shown to any fishery officer on request. This puka whakamana is valid only for the date and time, place, and species specified.
Poutiriao: [print name]
Address:
Phone:
Email:
Signature:
Date signed:
Report on catch by person authorised
The holder of this puka whakamana must:
report actual catches to the poutiriao within 48 hours of the harvesting date specified on this puka whakamana by completing column 7 of the table:
specify accurately the actual quantity taken, as the information is important for the sustainable management of included species in the Te Arawa fisheries area.
Name of person authorised:
Signature:
Date signed:
Schedule form 2: amended, on 6 October 2023, by regulation 9 of the Te Arawa Lakes (Fisheries) Amendment Regulations 2023 (SL 2023/245).
Form 3 Report of komiti whakahaere on customary food gathering
To the Minister:
The komiti whakahaere reports as follows:
Harvest Period: 1 April [specify year] to 31 March [specify year]
| Table Summary of puka whakamana for customary food gathering of included species |
| Species name | Number of puka whakamana for each species | Quantity approved for each species | Quantity (kg or number) | Actual quantity harvested | Quantity (kg or number) | Part of Te Arawa fisheries area from which each species taken | |
| [specify] | [specify] | [specify] | [specify] | [specify] | [specify] | [specify] | |
Notes
This form must be submitted to the nearest regional office of the Ministry of Fisheries as soon as practicable after 31 March each year.
If approvals for a species have been made with different measurement units (ie, sometimes in kilograms (kg) and other times in number), then 2 lines of information must be provided for that species.
Use additional forms if required.
Additional information on species and parts of the Te Arawa fisheries area may be obtained from the Ministry of Fisheries.
This form may be transmitted electronically.
Diane Morcom,
Clerk of the Executive Council.
Date of notification in Gazette: 16 November 2006.
Notes
1 General
This is a consolidation of the Te Arawa Lakes (Fisheries) Regulations 2006 that incorporates the amendments made to the legislation so that it shows the law as at its stated date.
2 Legal status
A consolidation is taken to correctly state, as at its stated date, the law enacted or made by the legislation consolidated and by the amendments. This presumption applies unless the contrary is shown.
Section 78 of the Legislation Act 2019 provides that this consolidation, published as an electronic version, is an official version. A printed version of legislation that is produced directly from this official electronic version is also an official version.
3 Editorial and format changes
The Parliamentary Counsel Office makes editorial and format changes to consolidations using the powers under subpart 2 of Part 3 of the Legislation Act 2019. See also PCO editorial conventions for consolidations.
4 Amendments incorporated in this consolidation
Te Arawa Lakes (Fisheries) Amendment Regulations 2023 (SL 2023/245)
Legislation Act (Sub-delegated Secondary Legislation) Regulations 2021 (LI 2021/248): regulations 65, 66
Fisheries (Reporting) Regulations 2017 (LI 2017/154): regulation 51
Criminal Procedure Act 2011 (2011 No 81): section 413
Versions
Te Arawa Lakes (Fisheries) Regulations 2006
RSS feed link copied, you can now paste this link into your feed reader.