Pursuant to Regulation 10 of the Fisheries (Kaimoana Customary Fishing) Regulations 1998, the Fisheries Manager Customary 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. 3) 2011.
(2) This notice shall come into effect on 27 May 2011.
2. Interpretation-In this notice:
(a) "haere ki tatahi" are local dialect words that have the same meaning as "customary food-gathering", a term that is defined in Regulation 2 of the Fisheries (Kaimoana Customary Fishing) Regulations 1998;
(b) "Kaitieki" is a local dialect word that has the same meaning as "Tangata Kaitiaki/Tiaki", a term that is defined in Regulation 2 of the Fisheries (Kaimoana Customary Fishing) Regulations 1998;
(c) "Kaitieki" means the person or persons appointed under Regulation 9 or 10 of the Fisheries (Kaimoana Customary Fishing) Regulations 1998 for the management of haere ki tatahi within an area/rohe moana;
(d) "area/rohe moana" means an area described:
(i) firstly, by a line commencing at a point on the coastline at Kopututea at 38°42.0'S and 177°57.0'E, then south-easterly to a point at 38°44.0'S and 178°01.0'E, then due east to a point on the boundary established for Ngati Konohi at 38°44.0'S and 178°20.1'E, then south-east to a point on the boundary established for Ngati Konohi at 38°57.0'S and 178°50.5'E, then due west to a point on the coastline at Paritu at 38°57.0'S and 177°54.0'E, then generally northerly following the mean high-water springs mark to the point of commencement; and
(ii) secondly, by a line commencing at a point on the boundary established for Ngati Konohi at 38°44.0'S and l78°57.4'E, then due east to a point on the Exclusive Economic Zone at 38°44.0'S and 177°24.0'W, then southerly to a point on the Exclusive Economic Zone at 38°57.0'S and l77°27.0'W, then due west to a point on the boundary established for Ngati Konohi at 38°57.0'S and 179°27.9'E, then north-westerly along the boundary established for Ngati Konohi to the point of commencement.
The geographical coordinates named are in terms of the WGS84 datum.
3. Request to cancel appointment-The Ngai Tamanuhiri Whanui Charitable Trust, acting for Ngai Tamanuhiri, being representative of tangata whenua who nominated Ripeka Winitana as a Kaitieki for the area/rohe moana, has requested in writing the cancellation of her appointment as a Kaitieki.
4. Cancellation of appointment-On 10 May 2011, the Minister of Fisheries and Aquaculture cancelled, under Regulation 10(1) of the Fisheries (Kaimoana Customary Fishing) Regulations 1998, the appointment of Ripeka Winitana as a Kaitieki for managing haere ki tatahi within the area/rohe moana.
5. Nomination of Kaitieki-The Ngai Tamanuhiri Whanui Charitable Trust, acting for Ngai Tamanuhiri, has nominated Lester Pohatu and Dawn Pomana as replacement Kaitieki for managing haere ki tatahi within the area/rohe moana.
6. Appointment of Kaitieki-On 10 May 2011, the Minister of Fisheries and Aquaculture appointed, under Regulation 10(2) of the Fisheries (Kaimoana Customary Fishing) Regulations 1998, Lester Pohatu and Dawn Pomana as replacement Kaitieki for managing haere ki tatahi within the area/rohe moana.
7. Confirmation of tangata whenua-Ngai Tamanuhiri, as represented by the Ngai Tamanuhiri Whanui Charitable Trust, is confirmed as the tangata whenua of the area/rohe moana to which the appointment of Kaitieki relates.
8. Power to authorise the taking of fisheries resources for haere ki tatahi-Kaitieki appointed for the area/rohe moana may authorise any individual to take fisheries resources, managed under the Fisheries Act 1996, for haere ki tatahi purposes from within the whole or any part of the area/rohe moana. No haere ki tatahi of fisheries resources may take place in the area/rohe moana without an authorisation from a Kaitieki.
Dated at Wellington this 18th day of May 2011.
JUDITH MACDONALD, Fisheries Manager Customary, Ministry of Fisheries.