Fisheries (South Island Customary Fishing) Regulations 1999

  • not the latest version

Reprint as at 1 January 2014

Fisheries (South Island Customary Fishing) Regulations 1999

(SR 1999/342)

Michael Hardie Boys, Governor-General

Order in Council

At Wellington this 11th day of October 1999

The Right Hon Jenny Shipley presiding in Council


Changes authorised by subpart 2 of Part 2 of the Legislation Act 2012 have been made in this reprint.

Note 4 at the end of this reprint provides a list of the amendments incorporated.

These regulations are administered by the Ministry for Primary Industries.

Pursuant to section 89 of the Fisheries Act 1983 and section 186 of the Fisheries Act 1996, His Excellency the Governor-General, acting by and with the advice and consent of the Executive Council, makes the following regulations.


1 Title and commencement

Preliminary provisions

2 Interpretation

3 Application of regulations and Treaty of Waitangi (Fisheries Claims) Settlement Act 1992

4 Relationship between these regulations and other regulations

Confirmation of Tangata Tiaki/Kaitiaki for general customary food gathering

5 Notification

6 Public notice

7 Submissions

8 Dispute resolution

9 Confirmation of Tangata Tiaki/Kaitiaki

10 Cancellation of appointment

Powers of Tangata Tiaki/Kaitiaki concerning general customary food gathering

11 Power to authorise taking of fish, aquatic life, or seaweed for customary food gathering

12 Record of authorisation to be produced to fishery officer

13 Commercial fishing and customary fishing on same trip

Participation of Tangata Tiaki/Kaitiaki in fisheries management

14 Sustainability measures

15 Information to be provided

16 Iwi planning document

Mātaitai reserves

17 Application for mātaitai reserve

18 Notification of application

19 Consultation

20 Declaration of mātaitai reserve

21 Appointment of Tangata Tiaki/Kaitiaki for mātaitai reserve

22 Notification of mātaitai reserve and Tangata Tiaki/Kaitiaki

23 Cancellation of appointment

Powers of Tangata Tiaki/Kaitiaki in mātaitai reserve

24 Fishing in mātaitai reserve

25 Power to restrict or prohibit fishing in mātaitai reserve

26 Notification of restriction or prohibition

27 Power to authorise fishing for functions of marae

28 Fishing from registered commercial vessels for customary food gathering purposes

29 Enhancement of fish stocks

Powers of Minister

30 Minister's powers concerning management by Tangata Tiaki/Kaitiaki

31 Cancellation of appointment of Tangata Tiaki/Kaitiaki

Accountability mechanisms

32 Records of authorisations

33 Records of fish, aquatic life, and seaweed taken

34 Authorisation to be held

35 Reporting

36 Notification

37 Tangata Tiaki/Kaitiaki to meet and inform tangata whenua

38 Assistance to Tangata Tiaki/Kaitiaki

Offences and penalties

39 Taking of fish, aquatic life, or seaweed without approval or authorisation prohibited

40 Possessing fish, aquatic life, or seaweed taken without approval or authorisation prohibited

41 Defence available if unauthorised catch taken as inevitable consequence of lawful taking

42 Altering authorisation is offence

43 Breach of bylaws is offence

44 Penalties

Revocation and saving

45 Revocation

46 Saving


Gazette information

Reprint notes