Pursuant to Regulations 9 and 22 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. 13) 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 Regulation 9 or 10 of
the Fisheries (South Island Customary Fishing) Regulations 1999 for the management of customary food-gathering within an area/rohe moana or a mataitai reserve.
(c) “area/rohe moana” means an area from Shag Rock, South Shore Spit, to Adderley Head, excluding the Avon/Heathcote Estuary, and extending seaward
to the limit of the South Island fisheries waters as defined in Regulation 2 of the Fisheries (South Island Customary Fishing) Regulations 1999.
(d) “mataitai reserve” means a traditional fishing
ground at Rapaki Bay encompassing those waters which lie inside straight lines drawn from the Cass Bay-Church Reserve boundary (at 43°36.78'S and 172°41.6'E) to Windy Point (at 43°36.895'S
and 172°40.4'E) to the 1C Taukahara boundary (43°36.951'S and 172°0.95'E); then along the mean high water mark to the point of commencement.
3. Nomination of Tangata Tiaki/Kaitiaki—Te Hapu
o Ngati Wheke (Rapaki Runanga), being representative of tangata whenua holding manawhenua manamoana over the area/rohe moana and the mataitai reserve (as represented by Te Runanga o Ngai Tahu), has nominated Henry Couch
as a Tangata Tiaki/Kaitiaki for the area/rohe moana and the mataitai reserve for further five-year terms.
4. Appointment of Tangata Tiaki/Kaitiaki—On
23 September 2008, the Associate Minister of Fisheries (acting pursuant to a delegated authority) confirmed, under Regulation 9(5) of the Fisheries (South Island Customary Fishing) Regulations 1999, the reappointment of Henry Couch as a Tangata Tiaki/Kaitiaki for managing customary food-gathering in the area/rohe moana and confirmed,
under Regulation 22(3) of the Fisheries (South Island Customary Fishing) Regulations 1999, the reappointment of Henry Couch for managing customary food-gathering in the mataitai reserve. The appointments are for five-year terms commencing the day this notice comes into effect.
5. Power to authorise taking of fisheries resources for customary food gathering—The Tangata Tiaki/Kaitiaki 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 and 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 area/rohe moana and the mataitai reserve without an authorisation from a Tangata Tiaki/Kaitiaki.
Dated at Nelson this 30th day of September 2008.
RAYMOND NECKLEN, Programme Manager (Deed
of Settlement Implementation Programme), Ministry of Fisheries.