Pursuant to Regulation 9 of the Fisheries (Kaimoana Customary Fishing) Regulations 1998, 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 (Kaimoana 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 Regulation 2 of the Fisheries (Kaimoana Customary Fishing) Regulations 1998.
(b) “Tangata Kaitiaki” are local dialect words that
have the same meaning as “Tangata Kaitiaki/Tiaki”, a term that is defined in Regulation 2 of the Fisheries (Kaimoana Customary Fishing) Regulations 1998.
(c) “Tangata Kaitiaki” means the person or persons appointed under Regulation 9 of the Fisheries (Kaimoana Customary Fishing) Regulations 1998 for the management of customary food-gathering within the area/rohe moana.
(d) “area/rohe moana” means all that area of water enclosed by a line commencing at the mean
high-water springs at the mouth of the Whareama River (41°01.00'S 176°06.50'E); then proceeding due east to the 12 nautical mile limit to a point
at latitude 41°01.00'S; then proceeding generally south-west along the 12 nautical mile limit to a point at latitude 41°23.10'S; then proceeding due west to a point north of the Pahaoa River mouth (41°23.10'S 175°45.20'E); then proceeding generally north-east along the mean high-water springs to the point of commencement. The geographical coordinates named are in terms of the WGS84 datum.
3. Nomination of Tangata Kaitiaki—(1) Ngati Hamua has nominated Michael Joseph Kawana and Dane Horipo Rimene as the Tangata Kaitiaki for managing customary food-gathering within the area/rohe moana.
(2) Ngai Tumapuhiarangi has nominated John Oneroa, Thomas Paku, and two committee members from both the Motuwairaka and the Okautete Marae as the Tangata Kaitiaki for managing customary food-gathering within the area/rohe moana.
4. Appointment of Tangata Kaitiaki—On 22 April 2008, the Associate Minister of Fisheries confirmed, under Regulation 9(1) of the Fisheries (Kaimoana Customary Fishing) Regulations 1998, the appointment of Michael Joseph Kawana, Dane Horipo Rimene, John Oneroa, Thomas Paku, and two committee members from both the Motuwairaka and the Okautete Marae as the Tangata Kaitiaki for managing customary food-gathering within the area/rohe moana.
5. Confirmation of tangata whenua—Ngai Tumapuhiarangi together with Ngati Hamua, as represented by the Tumapuhia Maori Marae Committee, are confirmed as the tangata whenua of the area/rohe moana to which the appointment of Tangata Kaitiaki relates.
6. Power to authorise the taking of fisheries resources for customary food-gathering—A Tangata Kaitiaki from Ngai Tumapuhiarangi or Ngati Hamua may authorise any individual to take fisheries resources managed under the Fisheries Act 1996, other than those resources that are taken in fresh water, for customary food-gathering purposes from within the whole or any part of the area/rohe moana. No customary food-gathering of fisheries resources may take place in the area/rohe moana without an authorisation from a Tangata Kaitiaki.
Dated at Nelson this 1st day of May 2008.
RAYMOND NECKLEN, Programme Manager (Deed
of Settlement Implementation Programme), Ministry of Fisheries.