Pursuant to Regulation 27 (1) (a) and (b) of the Fisheries (Amateur Fishing) Regulations 1986, the Chief Executive of the Ministry of Fisheries hereby gives the following notice.
N o t i c e
1. Title-This notice may be cited as the Fisheries (Customary Fishing) Notice 2003.
2. Commencement-This notice comes into force on 30 April 2003.
3. Interpretation-(1) In this notice, unless the context otherwise requires:
Authorisation form means the form prescribed in the Schedule to this notice.
Marae committee means any marae committee (whether incorporated or not) established for the purpose of managing
or operating a marae.
Maori Trust Board means any body declared by any enactment to be a Maori Trust Board within the meaning of
the Maori Trust Boards Act 1955.
(2) Any term or expression that is defined in the Fisheries Act 1996 or in the Fisheries (Amateur Fishing) Regulations 1986 and used, but not defined, in this notice has the same meaning as in the Act or in the Regulations.
4. Authorisation to take fish, aquatic life or seaweed for hui or tangi-The taking of fish, aquatic life or seaweed for the purposes of a hui or tangi is authorised under Regulation 27 (1) of the Fisheries (Amateur Fishing) Regulations 1986, if and only if, the taking is in accordance with this notice.
5. Requirements on person holding authorisation form-(1) No fish, aquatic life or seaweed may be taken under Regulation 27 of the Fisheries (Amatuer Fishing) Regulations 1986 unless the person taking the fish, aquatic life or seaweed:
(a) holds an authorisation form issued to that person prior to the taking of the fish, aquatic life or seaweed and it has been completed in accordance with this notice; and
(b) complies with the conditions specified in the authorisation form.
(2) A person who is taking or has taken fish, aquatic life or seaweed under the authority of an authorisation form must, at all times while taking or possessing the fish, aquatic life or seaweed:
(a) hold the authorisation form in his or her possession; and
(b) produce the authorisation form to a fishery officer when requested to do so.
(3) Fishing gear must have a surface buoy, float or tag securely attached to it that is clearly marked with the number of the relevant authorisation form if the fishing gear:
(a) is used to take fish, aquatic life or seaweed by a person who has an authorisation form; and
(b) is left unattended.
6. Authorisation forms-(1) Subject to subclause (2), an authorisation form may only be issued by an authorised representative of a marae committee, Maori committee, runanga or Maori Trust Board.
(2) An authorisation form may only be issued under subclause (1) if:
(a) the taking of fish, aquatic life or seaweed is for the purposes of a hui or tangi;
(b) the taking of fish, aquatic life or seaweed is not commercial in any way or for pecuniary gain or trade;
(c) the marae committee, Maori committee, runanga or Maori Trust Board represents the tangata Whenua of the particular area to which the authorisation form relates;
(d) the name and contact details of the authorised representative(s) of the marae committee, Maori committee, runanga or Maori Trust Board have been notified to the nearest office of the Ministry of Fisheries; and
(e) a tangata kaitiaki/tiaki or tangata tiaki/kaitiaki has not been appointed, under the Fisheries (Kaimoana Customary Fishing) Regulations 1998 or the Fisheries (South Island Customary Fishing) Regulations 1999, within the particular area to which the authorisation form relates.
(3) An authorised representative who issues an authorisation form in accordance with subclause (1) above must complete all parts of the authorisation form unless the authorisation form expressly provides otherwise.
(4) All authorisation forms must be numbered in a sequence beginning from the first authorisation issued by the authorised representative.
(5) An authorisation form is valid for a 48-hour period beginning on the date and at the time specified in the form.
7. Revocations-All prior notices made under Regulation 27 of the Fisheries (Amateur Fishing) Regulations 1986 are revoked.
Dated at Wellington this 4th day of March 2003.
W. R. TUCK, Chief Executive, Ministry of Fisheries.
SCHEDULE
AUTHORISATION FORM
AUTHORISATION TO TAKE FOR CUSTOMARY PURPOSES
Pursuant to Regulation 27 of the Fisheries (Amateur Fishing) Regulations 1986 and the Fisheries
(Customary Fishing) Notice 2003
This authorisation is issued to: (Name ALL harvesters)
Address (of holder):
Signature of authorisation holder: Phone No:
Purpose: Hui/Tangi (circle one) Reason for Hui:
To be used at on Contact Number:
(address of venue) (date)
AUTHORISED HARVEST AND CONDITIONS
Species Maximum Quantity (number)or (Greenweight) Area from which the Species is to be taken Place at which the Species is to be landed
* Surface floats, buoys or tags must be clearly marked with this authorisation number
NOTE: The above harvester/s is/are authorised to take quantities of (fish, aquatic life or seaweed) as approved in this authorisation, provided that they are only taken from the area and for the purpose specified. This authorisation is not transferable. It must be carried at all times and be shown to any Fishery Officer on request. This authorisation is valid only for a 48 hour period beginning from the date and time specified.
Authorised by:
(Print name of Authorised Representative)
on behalf of:
Marae Committee / Maori Committee / Trust Board / Runanga (Circle one)
Address: Phone No:
Signature: Date Signed: