Pursuant to Regulations 20 and 22 of the Fisheries (South Island Customary Fishing) Regulations 1999, the Minister of Fisheries and Aquaculture and the Chief Executive of the Ministry of Fisheries give the following notice.
N o t i c e
1. Title-This notice may be cited as the Fisheries (Declaration and Notification of Kaihoka and Anatori Mataitai Reserve and Appointment of Tangata Tiaki/Kaitiaki) Notice 2010.
2. Commencement-This notice shall come into effect
on the 28th day after the date of its notification in the
New Zealand Gazette.
3. Interpretation-In this notice:
(a) "Mataitai reserve" means the identified traditional fishing ground described in clause 4 of this notice.
(b) "Tangata Tiaki/Kaitiaki" means any person or persons appointed as Tangata Tiaki/Kaitiaki for the mataitai reserve under Regulation 21 of the Fisheries (South Island Customary Fishing) Regulations 1999.
4. Declaration of a mataitai reserve-The Minister of Fisheries and Aquaculture declares a mataitai reserve over all fisheries waters within the following two areas on the upper West Coast of the South Island:
(a) Kaihoka: That area of New Zealand fisheries waters enclosed by a line that:
(i) commences at a point on the mean high water mark (MHWM) on the southern bank of the river mouth within Nguroa Bay at 40°31.49'S and 172°37.42'E; then
(ii) proceeds in a straight line in a north-westerly direction to a point 1km offshore at 40°31.01'S and 172°36.78'E; then
(iii) proceeds in a generally south-westerly direction along a line every point of which is 1km from the MHWM to a point 1km offshore west of Kaihoka Point at 40°32.72'S and 172°34.18'E; then
(iv) proceeds in a straight line in a south-easterly direction to a point on the MHWM at Kaihoka Point at 40°32.97'S and 172°34.86'E; and then
(v) proceeds approximately 6km in a generally north-easterly direction along the MHWM to the point of commencement.
(b) Anatori: That area of New Zealand fisheries waters enclosed by a line that:
(i) commences at a point on the MHWM on the southern bank of the Paturau River mouth at 40°38.47'S and 172°25.97'E; then
(ii) proceeds in a straight line in a north-westerly direction to a point 1km offshore at 40°37.99'S and 172°25.58'E; then
(iii) proceeds in a generally south-westerly direction along a line every point of which is 1km from the MHWM to a point 1km offshore north-west of the Turimawiwi River mouth at 40°43.34'S and 172°18.34'E; then
(iv) proceeds in a straight line in a south-easterly direction to a point on the MHWM on the northern bank of the Turimawiwi River mouth at 40°43.74'S and 172°18.81'E; and then
(v) proceeds approximately 14.5km in a generally north-easterly direction along the MHWM to the point of commencement.
5. Appointment of Tangata Tiaki/Kaitiaki-The chief executive names John Ward-Holmes, Barney Thomas and Lauralee Duff as Tangata Tiaki/Kaitiaki for the mataitai reserve. This appointment is for a term of five years, commencing on the day that this notice comes into effect.
6. Prohibition on commercial fishing-Commercial fishing within the mataitai reserve is prohibited under Regulation 24(2) of the Fisheries (South Island Customary Fishing) Regulations 1999.
7. Power to authorise taking of fisheries resources for customary food gathering-The Tangata Tiaki/Kaitiaki may authorise any individual to take fish, aquatic life or seaweed from within the whole or any part of the mataitai reserve. No fishing for customary food gathering purposes may take place in the mataitai reserve without authorisation from the Tangata Tiaki/Kaitiaki.
Dated at Wellington this 7th day of December 2010.
HON PHIL HEATLEY, Minister of Fisheries and Aquaculture.
DAVID SCRANNEY, Spatial Allocations Manager, acting under delegated authority from the chief executive, Ministry of Fisheries.