Pursuant to Regulation 9 (2) 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) 2006.
(2) This notice shall come into effect the day after the date of its notification in the New Zealand Gazette.
2. Interpretation—In this notice:
(a) “kaimoana” is a local dialect word that has the
same meaning as “fisheries resources”, a term that
is defined in 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 the Fisheries (Kaimoana Customary Fishing) Regulations 1998.
(c) any reference to “Tangata Kaitiaki” means the person or persons appointed under Regulation 9 or 10 of the Fisheries (Kaimoana Customary Fishing) Regulations 1998 for the management of te mahi kaimoana within the existing area/rohe moana.
(d) “te mahi kaimoana” are local dialect words that
have the same meaning as “customary food gathering”, a term that is defined in the Fisheries (Kaimoana Customary Fishing) Regulations 1998.
(e) “existing area/rohe” means an area of water in the Bay of Plenty enclosed by a line commencing at
the mean high water mark at a point 37°39.65'S and 177°50.77'E on the shore and then proceeding along a straight line in a north westerly direction to a point 37°37.81'S and 177°48.39'E, and then proceeding in an east north easterly direction to a point 37°36.78'S and 177°51.59'E and then in a south easterly direction to a point 37°38.30'S and 177°53.01'E,
and then along the mean high water mark to the point of commencement, and has the same meaning as “area/rohe moana” as defined in the Fisheries (Kaimoana Customary Fishing) Notice (No. 7)
2001 (No. F200) (published in the New Zealand Gazette, 20 September 2001, No. 127, page 3272), and Fisheries (Kaimoana Customary Fishing)
Notice (No. 15) 2004 (No. F282) (published in the New Zealand Gazette, 13 May 2004, No. 52, page 1284).
(f) “area/rohe moana” means an area of water
in the Bay of Plenty enclosed and described
by a line commencing at a point on the coastline
at the mouth of the Orima Stream (37°39.7'S 177°48.6'E), then north west to a point (37°38.0'S 177°47.8'E), then north east to a point (37°36.8'S 177°51.5'E), then south east to a point on
the coastline at the mouth of the Waiokaha
Stream (37°38.1’S 177°53.1'E), then generally south west following the coastline to the point
of commencement. The geographical co-ordinates named are in terms of the WGS84 datum.
3. Confirmation of extension of boundaries of existing area/rohe moana—On 12 May 2006, the Associate Minister of Fisheries confirmed the extension of the boundaries of the existing area/rohe moana following conclusion of a dispute resolution process initiated under Regulation 8 of the Fisheries (Kaimoana Customary Fishing) Regulations 1998. The new boundaries of the area/rohe moana are described in paragraph (f) of this notice.
4. Confirmation of appointment of Tangata Kaitiaki—On 12 May 2006, the Associate Minister of Fisheries confirmed the appointment of Julian Allison, Matekoraha Eruera, Kevin Frires, Keita Horowai Matchitt and Joe
Rua as Tangata Kaitiaki to manage te mahi kaimoana
within the area/rohe moana.
5. Confirmation of tangata whenua—On 12 May 2006, the Associate Minister of Fisheries confirmed Te Whanau
a Maruhaeremuri Hapu Trust as the tangata whenua of
the area/rohe moana to which the appointment of Tangata Kaitiaki relates.
6. Power to authorise the taking of kaimoana for te mahi kaimoana—The Tangata Kaitiaki may authorise any individual to take kaimoana managed under the Fisheries Act 1996, other than those resources that are taken in fresh water, for te mahi kaimoana purposes from within the whole or any part of the area/rohe moana for which they have
been appointed as Tangata Kaitiaki. No te mahi kaimoana of kaimoana may take place in the area/rohe moana without an authorisation from a Tangata Kaitiaki.
Dated at Nelson this 12th day of June 2006.
RAYMOND NECKLEN, Programme Manager (Deed
of Settlement Implementation Programme), Ministry of Fisheries.
Explanatory Note
This note is not part of this notice but is intended to explain its general effect.
This notice confirms an amendment to the boundaries for
Te Whanau a Maruhaeremuri rohe moana established under the Fisheries (Kaimoana Customary Fishing) Regulations 1998 and confirms the appointment of the existing Tangata Kaitiaki in respect of the extended area/rohe moana.