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) 2009.
(2) This notice shall come into effect on 29 May 2009.
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 10 or 23 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 the area from the Koau Branch of the Clutha River to Tokata (the Nuggets). The area extends seaward to the limit of the “South Island fisheries waters” as defined under Regulation 2 of the Fisheries (South Island Customary Fishing) Regulations 1999, being the 200-mile limit, and inland to boundaries defined for Te Runanga o Awarua under Te Runanga o Ngai Tahu Act 1996.
(d) “mataitai reserve” means a traditional fishing ground over Puna-wai-Toriki (Hays Gap), an area between Tirohanga and Campbell Point (O-waea) near Kaka Point, Southland.
3. Cancellation of appointment—On 14 May 2009, the Minister of Fisheries cancelled, under Regulation 23(1) of the Fisheries (South Island Customary Fishing) Regulations 1999, the appointment of Edward Ruffell as a Tangata Tiaki/Kaitiaki for the mataitai reserve.
4. Nomination of Tangata Tiaki/Kaitiaki—Te Runanga
o Awarua, 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 Jenny O’Connell as a Tangata Tiaki/Kaitiaki for the mataitai reserve. The Runanga has also nominated Malvern Cain, Mary Johnstone and Jenny O’Connell as Tangata Tiaki/Kaitiaki for the area/rohe moana.
5. Appointment of Tangata Tiaki/Kaitiaki—(1) On
14 May 2009, the Minister of Fisheries confirmed, under Regulation 10(2) of the Fisheries (South Island Customary Fishing) Regulations 1999, the appointment of Malvern Cain, Mary Johnstone and Jenny O’Connell as Tangata Tiaki/Kaitiaki to manage customary food-gathering in the area/rohe moana. The appointments are for five-year terms and will expire on 28 May 2014.
(2) On 14 May 2009, the Minister of Fisheries confirmed, under Regulation 23(2) of the Fisheries (South Island Customary Fishing) Regulations 1999, the appointment of Jenny O’Connell as a Tangata Tiaki/Kaitiaki to manage the mataitai reserve. The appointment is for five years and will expire on 28 May 2014.
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. 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. 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 25th day of May 2009.
RAYMOND NECKLEN, Programme Manager (Deed
of Settlement Implementation Programme), Ministry of Fisheries.