Explanatory note
This note is not part of the regulations, but is intended to indicate their general effect.
The more significant amendments are summarised below by reference to the principal regulations. The other amendments are generally minor or technical or clarify or update things.
People can still dispute proposals about who are tāngata whenua and the boundaries of customary food gathering areas/rohe moana. But they can no longer dispute who the tāngata whenua appoint as Tāngata Tiaki/Kaitiaki. Dispute resolution now follows certain steps until the dispute is resolved: first by using an agreed process, then by mediation, and finally by arbitration. See new regulation 5, regulation 6, and new regulations 7 and 8.
It is now clear that a customary food gathering area/rohe moana and its tāngata whenua are recognised for the purposes of the regulations after the Minister confirms them and notices are published. See new regulation 9.
And it is now clear that a mātaitai reserve is established by declaration after the Minister makes a decision and notices are published. See regulation 20 and new regulation 22.
The tāngata whenua now directly appoint, reappoint, and cancel the appointment of Tāngata Tiaki/Kaitiaki for their customary food gathering area/rohe moana or mātaitai reserves. The Minister no longer makes, confirms, or cancels appointments (but can require a cancellation). Tāngata Tiaki/Kaitiaki can now be appointed for more than 5 years. See new regulations 10, 23, and 31.
The ban on commercial fishing in mātaitai reserves can have exceptions provided for in regulations. There can now also be exceptions under conditions imposed when a mātaitai reserve is established. See new regulation 22 and regulation 24.
Records of authorisations granted by Tāngata Tiaki/Kaitiaki, and of fish, aquatic life, and seaweed taken under those authorisations, must be provided as summarised information to the Ministry for Primary Industries. The summarised information must now be provided once a year (instead of once a quarter) except for species where the chief executive requires more frequent reporting. See new regulation 15.
There is now provision for what happens if 2 or more customary food gathering areas/rohe moana overlap (so that there are 2 or more groups of tāngata whenua for the overlapping area). See new regulation 29C.
There is now provision for various notices, submissions, authorisations, information, or reports to be given electronically. See new regulations 5, 7, and 10, regulation 11, new regulation 15, regulations 18 and 19, new regulation 23, regulation 37, and form 3 in Schedule 2.
Issued under the authority of the Legislation Act 2012.
Date of notification in Gazette: 28 November 2019.
These regulations are administered by the Ministry for Primary Industries.