Pursuant to Regulations 9 and 10 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. 9) 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 Regulations 9 or 10 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 the area described by a line commencing at a point on the coastline at Wairakei (37°42.9'S; 176°20.2'E), then generally north-westerly following the coastline and Tauranga Harbour to a point on the coastline at Uretara (37°29.8'S; 175°57.6'E), then north-easterly by a line to a point on the coastline at Kura-a-Maia (37°27.9'S; 175°59.2'E), then generally north-easterly for 24 nautical miles to a point (37°10.3'S; 176°19.7'E), then south-easterly to a point (37°25.3'S; 176°40.7'E) then generally south-westerly for 24 nautical miles to the point of commencement. The geographical coordinates named are in terms of the WGS84 datum.
3. Confirmation of tangata whenua—Ngaiterangi, Ngati Ranginui and Ngati Pukenga, as represented by the Tauranga Moana Iwi Customary Fisheries Working Committee, are confirmed as the tangata whenua of the area/rohe moana to which the appointment of Tangata Kaitiaki relates.
4. Request to cancel an appointment—The Tauranga Moana Iwi Customary Fisheries Working Committee, on behalf of Ngaiterangi, Ngati Ranginui and Ngati Pukenga, being the tangata whenua who nominated Pet Gardiner as a Tangata Kaitiaki for the area/rohe moana, has requested in writing the cancellation of her appointment as a Tangata Kaitiaki.
5. Cancellation of appointments—On 11 October 2008, the Associate Minister of Fisheries (acting pursuant to a delegated authority) cancelled, under Regulation 10(1) of the Fisheries (Kaimoana Customary Fishing) Regulations 1998, the appointment of Pet Gardiner as a Tangata Kaitiaki for managing customary food-gathering within the area/rohe moana.
6. Nomination of Tangata Kaitiaki—The Tauranga Moana Iwi Customary Fisheries Working Committee, on behalf of Ngaiterangi, Ngati Ranginui and Ngati Pukenga, has nominated Desmond Gardiner as a replacement Tangata Kaitiaki and John Rolleston Jnr as an additional
Tangata Kaitiaki for managing customary food-gathering within the area/rohe moana.
7. Appointment of Tangata Kaitiaki—On 11 October 2008, the Associate Minister of Fisheries (acting pursuant to a delegated authority) confirmed, under Regulation 10(2) of the Fisheries (Kaimoana Customary Fishing) Regulations 1998, the appointment of Desmond Gardiner as a replacement Tangata Kaitiaki and, under Regulation 9(1) of the Fisheries (Kaimoana Customary Fishing) Regulations 1998, the appointment of John Rolleston Jnr as an additional Tangata Kaitiaki for managing customary food-gathering within the area/rohe moana.
8. Power to authorise the taking of fisheries resources for customary food-gathering—A Tangata Kaitiaki 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 20th day of October 2008.
RAYMOND NECKLEN, Programme Manager (Deed
of Settlement Implementation Programme), Ministry of Fisheries.