Pursuant to Regulations 10 and 23 of the Fisheries (South Island Customary Fishing) Regulations 1999, the Programme Manager (Deed of Settlement Implementation Programme) at the Ministry of Fisheries (acting pursuant to a delegated authority in accordance with section 41 of the State Sector Act 1988) gives the following notice.
N o t i c e
1. Title and commencement—(1) This notice may be cited as the Fisheries (South Island Customary Fishing) Notice (No. 5) 2008.
(2) This notice shall come into effect the day after the date of its notification in the New Zealand Gazette.
2. Interpretation—In this notice:
(a) “customary food-gathering” has the same meaning as defined in the Fisheries (South Island Customary Fishing) Regulations 1999.
(b) “Tangata Tiaki/Kaitiaki” means the person or persons appointed under Regulations 9, 10, 21 or 23 of
the Fisheries (South Island Customary Fishing) Regulations 1999 for the management of customary food-gathering within an area/rohe moana or in respect of a mataitai reserve.
(c) “area/rohe moana” means the area from Koukourarata Harbour south to Waihora via the Kaituna Valley, and all the eastern bays and coastline of Banks Peninsula from Koukourarata to Pohatu Pa
(Flea Bay), extending seaward to the limit of the South Island fisheries waters as defined in
the Fisheries (South Island Customary Fishing) Regulations 1999, being the 200-mile limit.
(d) “mataitai reserve” means the traditional fishing-ground at Koukourarata (Port Levy) encompassing those waters that lie south of a straight line drawn from Te Piaka/Adderley Head to Akeake/Baleine Point.
3. Cancellation of appointments—On 15 April 2008, the Associate Minister of Fisheries, under Regulations 10(1) and 23(1) of the Fisheries (South Island Customary Fishing) Regulations 1999, cancelled the appointments of Tim Manawatu as a Tangata Tiaki/Kaitiaki for managing customary food-gathering within the area/rohe moana and
in respect of the mataitai reserve.
4. Nomination of Tangata Tiaki/Kaitiaki—Te Runanga
o Koukourarata, being representative of tangata whenua who hold manawhenua manamoana over the area/rohe moana and the mataitai reserve (as represented by Te Runanga o Ngai Tahu), has nominated Kyle Osborn as a replacement Tangata Tiaki/Kaitiaki for managing customary food-gathering within the area/rohe moana, and Wendy Wereta as a replacement Tangata Tiaki/Kaitiaki in respect of the mataitai reserve.
5. Appointment of Tangata Tiaki/Kaitiaki—(1) On
15 April 2008, the Associate Minister of Fisheries confirmed, under Regulation 10(2) of the Fisheries (South Island Customary Fishing) Regulations 1999, the appointment of Kyle Osborn as a replacement Tangata Tiaki/Kaitiaki for managing customary food-gathering with the area/rohe moana. The appointment is for five years commencing the day this notice comes into effect.
(2) On 15 April 2008, the Associate Minister of Fisheries confirmed, under Regulation 23(2) of the Fisheries (South Island Customary Fishing) Regulations 1999, the appointment of Wendy Wereta as a replacement Tangata Tiaki/Kaitiaki in respect of the mataitai reserve. The appointment is for five years commencing the day this notice comes into effect.
6. Power to authorise the taking of fisheries resources for customary food-gathering—(1) A Tangata Tiaki/Kaitiaki, appointed for the area/rohe moana, may authorise any individual to take fisheries resources managed under the Fisheries Act 1996 for customary food-gathering purposes from within the whole or any part of the area/rohe moana for which they have been appointed as a Tangata Tiaki/Kaitiaki. No customary food-gathering of fisheries resources may take place in the area/rohe moana without an authorisation from a Tangata Tiaki/Kaitiaki.
(2) A Tangata Tiaki/Kaitiaki, appointed in respect to the mataitai reserve, may authorise any individual to take fisheries resources managed under the Fisheries Act 1996 for customary food-gathering purposes from within the whole or any part of the mataitai reserve for which they have been appointed as a Tangata Tiaki/Kaitiaki. No customary food-gathering of fisheries resources may take place in the mataitai reserve without an authorisation from a Tangata Tiaki/Kaitiaki.
Dated at Nelson this 1st day of May 2008.
RAYMOND NECKLEN, Programme Manager (Deed
of Settlement Implementation Programme), Ministry of Fisheries.