Pursuant to Regulations 9, 10 and 26 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. 2) 2009.
(2) This notice shall come into effect on 17 July 2009.
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, 10, 24 or 26 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 southern bank of the Waikari River mouth (39°10.10'S 177°05.40'E); then proceeding generally south-east in a straight line to a point (39°21.40'S 177°1l.90'E); then proceeding generally south in a straight line to a point (39°26.90'S 177°09.60'E); then proceeding generally west in a straight line to Bluff Hill (39°28.90'S 176°55.20'E); then proceeding generally northerly following the mean high-water mark to
the point of commencement. The geographical
co-ordinates named are in terms of the WGS84 datum.
(e) “mataitai reserve” means:
(i) the area encompassing those waters within a line beginning at Whirinaki Bluff-Te Uku
(at 39°21.90'S and 176°54.10'E) south-east to a point 500 metres from the mean high-water mark (39°22.10'S and 176°54.40'E) and following that 500 metre limit in a northerly direction to a point (39°13.32'S and 177°2.63'E) then north-west to a point on the mean
high-water mark 7 kilometres south from
the Waikari River mouth (39°13.30'S and 177°02.10'E) and then generally south along the coastline to the point of commencement at Whirinaki Bluff-Te Uku; and
(ii) the area encompassing those waters within 500 metres of a straight line between a point at 39°25.90'S and 176°57.50'E (being the North Pania Light Buoy) and a point at 39°27.56'S and 176°55.90'E (being the South Pania Light Buoy) including the two end points.
(f) “Tiwhanui area” means the area described by a line commencing at a point on the southern bank of the Waikari River mouth (39°10.10'S 177°05.40'E); then proceeding generally south-east in a straight line to a point (39°13.14'S 177°07.15'E); then proceeding due west to a point known locally as Tiwhanui (39°13.14'S 177°02.26'E); then proceeding generally northerly following the mean high-water mark to the point of commencement. The geographical co-ordinates named are in terms of
the WGS84 datum.
3. Cancellation of appointments—On 23 June 2009, the Minister of Fisheries cancelled, under Regulations 10(1)(a) and 26(1)(a) of the Fisheries (Kaimoana Customary Fishing) Regulations 1998, the appointment of Te Aranui Boyce Spooner as a Tangata Kaitiaki for the area/rohe moana and the mataitai reserve.
4. Nomination of Tangata Kaitiaki—(1) Ngai Te Ruruku has nominated Ranui Toatoa as a replacement Tangata Kaitiaki for managing customary food-gathering within the area/rohe moana and for managing the mataitai reserve.
(2) Ngai Te Ruruku has nominated Harry Tuapawa as
an additional Tangata Kaitiaki for managing customary food-gathering within the Tiwhanui area.
5. Appointment of Tangata Kaitiaki—(1) On 23 June 2009, the Minister of Fisheries confirmed, under Regulations 10(2) and 26(2) of the Fisheries (Kaimoana Customary Fishing) Regulations 1998, the appointment of Ranui Toatoa as a replacement Tangata Kaitiaki for managing customary food-gathering within the area/rohe moana and for managing the mataitai reserve.
(2) On 23 June 2009, the Minister of Fisheries confirmed, under Regulation 9(1) of the Fisheries (Kaimoana Customary Fishing) Regulations 1998, the appointment of Harry Tuapawa as an additional Tangata Kaitiaki for managing customary food-gathering within the Tiwhanui area.
6. Power to authorise the taking of fisheries resources for customary food-gathering—(1) A Tangata Kaitiaki appointed for an area/rohe moana 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 an area/rohe moana. No customary food-gathering of fisheries resources may take place in an area/rohe moana without an authorisation from a Tangata Kaitiaki.
(2) A Tangata Kaitiaki appointed for a mataitai reserve 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 a mataitai reserve. No customary food-gathering of fisheries resources may take place in a mataitai reserve without an authorisation from a Tangata Kaitiaki.
Dated at Nelson this 9th day of July 2009.
RAYMOND NECKLEN, Programme Manager (Deed
of Settlement Implementation Programme), Ministry of Fisheries.