Pursuant to Regulations 28 and 29 of the Fisheries (Kaimoana Customary Fishing) Regulations 1998, the Minister for Oceans and Fisheries hereby gives the following notice:

Notice

1. Title

This notice may be cited as the Fisheries (Declaration of Te Hoe Mātaitai Reserve Bylaw) Notice 2021.

2. Commencement

The bylaw comes into effect on 17 December 2021.

3. Interpretation

In this notice:

1. The term “Te Hoe Mātaitai Reserve” means that mātaitai reserve at Mahia Peninsula notified in the Fisheries (Declaration and Notification of Te Hoe Mataitai Reserve and Appointment of Tangata Kaitiaki/Tiaki) Notice 2012 (No. MPI 16).
2. “Waikokopu to Opoutama” means the waters within the following lines:
   1. commencing at a point on the mean high water mark (MHWM) at Waikokopu at 39°04.534′S and 177°49.590′E; then
   2. proceeding in a generally north-easterly direction along the MHWM to the south bank of the Waikokopu Stream at 39°04.240′S and 177°49.710′E; then
   3. proceeding in a straight line due north to the north bank of the Waikokopu Stream at 39°04.160′S and 177°49.710′E; then
   4. proceeding in a generally north-easterly direction along the MHWM to a point near where Ormond Drive bends to follow Opoutama Beach at 39°03.566′S and 177°50.371′E; then
   5. proceeding in a straight line in a south-westerly direction to a point at sea at 39°04.758′S and 177°49.729′E; then
   6. proceeding in a straight line in a north-westerly direction to the point of commencement.
3. Unless the context requires otherwise, terms have the same meaning as in the interpretation sections of the Fisheries (Kaimoana Customary Fishing) Regulations 1998, the Fisheries Act 1996 and the Fisheries (Amateur Fishing) Regulations 2013.

4. Approval of Bylaws for the Te Hoe Mātaitai Reserve—The Minister for Oceans and Fisheries has Approved the Following Bylaw Within the Te Hoe Mātaitai Reserve:

Bylaw 1 – Prohibition on Taking Certain Species

A person must not take any of the following species from the area from Waikokopu to Opoutama within the Te Hoe Mātaitai Reserve:

• kina
• rock lobster (kōura)
• mussels (kuku)
• pāua.

Dated at Wellington this 14th day of December 2021.

Hon DAVID PARKER, Minister for Oceans and Fisheries.

Explanatory Note

Fishing Subject to These Bylaws

Under regulation 28(3) of the Fisheries (Kaimoana Customary Fishing) Regulations 1998, this bylaw applies generally to all persons fishing in the Te Hoe Mātaitai Reserve within the area from Waikokopu to Opoutama.

Breach of Bylaws is an Offence

Under Regulation 44 of the Fisheries (Kaimoana Customary Fishing) Regulations 1998, a person commits an offence against those Regulations if the person breaches this bylaw.