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 Te Kaio 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 enclosed by a line:
(a) commencing at a point on the mean high water mark (MHWM) east of Tumbledown Bay at 43°51.60'S and 172°46.07'E; then
(b) proceeding south-west for 1 nautical mile (nm) to a point at 43°52.32'S and 172°44.97'E; then
(c) proceeding north-west to a point at 43°50.18'S and 172°41.54'E; then
(d) proceeding north for 0.5nm to a point on the MHWM 500m south-west of Birdlings Flat township at 43°49.64'S and 172°41.56'E; and then
(e) proceeding in a south-easterly direction along the MHWM to the point of commencement, excluding the fisheries waters enclosed by a line:
(i) commencing at a point on the coast south of the rocks at the southern entrance of Hikuraki Bay at 43°50.52'S and 172°44.38'E; then
(ii) proceeding south-west to a point 100m
south-west of the southern entrance of Hikuraki Bay at 43°50.57'S and 172°44.31'E; then
(iii) proceeding north-west to a point near the entrance of Oashore Bay at 43°49.93'S and 172°43.42'E; then
(iv) proceeding north-east to a point at the mouth
of stream that runs into Oashore Bay at 43°49.64'S and 172°43.76'E; and then
(v) proceeding along the MHWM to the point of commencement.
5. Appointment of Tangata Tiaki/Kaitiaki-The chief executive names Charlie Zimmerman, Don Brown, Henare Robinson, Iaean Cranwell, John Boyles, Rei Simon and Robin Wybrow 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 5th day of November 2010.
HON PHIL HEATLEY, Minister of Fisheries and Aquaculture.
RANDALL BESS, Spatial Allocations Manager, acting under delegated authority from the chief executive, Ministry of Fisheries.