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. 11) 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 the area described by a line commencing at a point at mean high-water springs at Te Hara Point (37°44.45'S 174°49.38'E), then proceeding in a north-westerly direction following the line of mean high-water springs
to a point at Otehe (Crayfish Point) (37°36.14'S 174°46.26'E), then proceeding due west for
200 nautical miles to a point on the line of the
Exclusive Economic Zone, then following the line of the Exclusive Economic Zone south to a point due west of Te Hara Point, then due east for 200 nautical miles to Te Hara Point being the point
of commencement. The geographical coordinates named are in terms of the WGS84 datum.
3. Nomination of Tangata Kaitiaki—Te Akau Marae
has nominated Peter Manukapua Ponga and Tom Tahinga Rupapere as Tangata Kaitiaki for managing customary
food-gathering within the area/rohe moana.
4. Appointment of Tangata Kaitiaki—On 21 October 2008, the Associate Minister of Fisheries (acting pursuant to a delegated authority) confirmed, under Regulation 9(1) of the Fisheries (Kaimoana Customary Fishing) Regulations 1998, the appointment of Peter Manukapua Ponga and Tom Tahinga Rupapere as Tangata Kaitiaki for managing customary food-gathering within the area/rohe moana.
5. Confirmation of tangata whenua—Ngati Tahinga, as represented in respect to these appointments by Te Akau Marae, is 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 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 Wellington this 4th day of November 2008.
RAYMOND NECKLEN, Programme Manager (Deed
of Settlement Implementation Programme), Ministry of Fisheries.