Fisheries Act 1996

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Customary fishing

186 Regulations relating to customary fishing

(1)

The Governor-General may from time to time, by Order in Council, make regulations recognising and providing for customary food gathering by Maori and the special relationship between tangata whenua and places of importance for customary food gathering (including tauranga ika and mahinga mataitai), to the extent that such food gathering is neither commercial in any way nor for pecuniary gain or trade.

(2)

Without limiting the generality of subsection (1), regulations made under that subsection may—

(a)

declare the relationship between such regulations and general fishing regulations and regulations relating to taiapure-local fisheries; and declare that the first-mentioned regulations are to prevail over the other regulations:

(b)

empower the Minister to declare, by notice in the Gazette, any part of New Zealand fisheries waters to be a mataitai reserve; and any such regulations shall require that, before any such notice is given, the Minister and the tangata whenua shall consult with the local community and the Minister shall have regard to the need to ensure sustainability in relation to the reserve:

(c)

provide for such matters as may be necessary or desirable to achieve the purpose of this Act in relation to mataitai reserves, including general restrictions and prohibitions in respect of the taking of fish, aquatic life, or seaweed:

(d)

empower any Maori Committee constituted by or under the Maori Community Development Act 1962, any marae committee, or any kaitiaki of the tangata whenua to make bylaws restricting or prohibiting the taking of fish, aquatic life, or seaweed:

(e)

empower any such Maori Committee, marae committee, or kaitiaki to allow the taking of fish, aquatic life, or seaweed to continue for purposes which sustain the functions of the marae concerned, notwithstanding any such bylaws.

(3)

The following provisions apply in relation to bylaws made under regulations made under subsection (2)(d):

(a)

every restriction and every prohibition imposed on individuals by such bylaws shall apply generally to all individuals:

(b)

the bylaws must be submitted to the Minister for approval:

(c)

publication of the bylaws in accordance with subsection (5)(a) shall be conclusive evidence that the bylaws have been duly made and approved under this section.

(4)

Regulations under this section are secondary legislation (see Part 3 of the Legislation Act 2019 for publication requirements).

(5)

If the regulations empower the making of bylaws (whether under subsection (2)(d) or other legislation),—

(a)

the bylaws are secondary legislation (see Part 3 of the Legislation Act 2019 for publication requirements); and

(b)

the regulations must contain a statement to that effect.

(6)

The Legislation Act 2019 applies to bylaws of the kind described in subsection (2)(d) as if—

(a)

the Minister were the maker of the bylaws; and

(b)

the bylaws were made by the Minister approving them.

See secondary legislation made under this Act (if published on this website)

Compare: 1983 No 14 s 89(1)(mb), (1C), (3)(b), (3A), (3B); 1992 No 121 s 34

Legislation Act 2019 requirements for secondary legislation referred to in subsection (4)
PublicationPCO must publish it on the legislation website and notify it in the GazetteLA19 s 69(1)(c)
PresentationThe Minister must present it to the House of RepresentativesLA19 s 114, Sch 1 cl 32(1)(a)
DisallowanceIt may be disallowed by the House of Representatives LA19 ss 115, 116
This note is not part of the Act.
Legislation Act 2019 requirements for secondary legislation referred to in subsection (5)(a)
PublicationSee the relevant publication, presentation, and disallowance table in the secondary legislation referred to in subsection (4)LA19 ss 73, 74, 114, 115, Sch 1 cl 14, 32, and Sch 3
Presentation
Disallowance
This note is not part of the Act.

Section 186(2)(a): substituted, on 23 June 1998, by section 16 of the Fisheries (Remedial Issues) Amendment Act 1998 (1998 No 67).

Section 186(3)(b): replaced, on 28 October 2021, by section 3 of the Secondary Legislation Act 2021 (2021 No 7).

Section 186(3)(c): amended, on 28 October 2021, by section 3 of the Secondary Legislation Act 2021 (2021 No 7).

Section 186(4): inserted, on 28 October 2021, by section 3 of the Secondary Legislation Act 2021 (2021 No 7).

Section 186(5): inserted, on 28 October 2021, by section 3 of the Secondary Legislation Act 2021 (2021 No 7).

Section 186(6): inserted, on 28 October 2021, by section 3 of the Secondary Legislation Act 2021 (2021 No 7).