998 NEW ZEALAND GAZETTE No. 36

commencing on the 23rd day of April 1995, and expiring within the 23rd day of April 1998.

Dated at Auckland this 7th day of April 1995.

ARTHUR HORE, Manager, Fisheries Advisory and Research Services, MAF Fisheries North.

Acting under delegated authority.

802625

Notification of the Palliser Bay Taiapure Application—Recommendations and Decisions—Notice No. 5406

(A) Report and Recommendations of the Tribunal

Pursuant to section 54G (9) (b) (i) of the Fisheries Act 1983, the Minister of Fisheries hereby publishes the report and recommendations of the tribunal considering the Palliser Bay Taiapure application.

In the matter of section 54G of the Fisheries Act 1983, and

in the matter of a proposal by Ngati Kahungunu Ki Wairarapa to establish Te Kopi and Te Kumenga Taiapure local fishery in Palliser Bay.

REPORT AND RECOMMENDATION TO THE HONOURABLE MINISTER OF FISHERIES (S 54[G] [8] FISHERIES ACT 1983)

This Tribunal is constituted pursuant to section 54G of the Fisheries Act 1983 (the Act) and has conducted a public inquiry into all objections and submissions submitted to the Registrar of the Maori Land Court of New Zealand (Takitimu Registry) (the Registrar) made in respect of a proposal by Ngati Kahungunu Ki Wairarapa to establish a taiapure - local fishery, in respect of two coastal areas in Palliser Bay such proposal having been agreed to in principle by the Minister of Fisheries, after consultation with the Minister of Maori Affairs and after having regard to the provisions of section 54B (3) of the Act.

The areas the subject of the proposal are as follows:

Te Kopi

"the area contained within a line commencing at the mouth of the Hurupi Stream at 41° 26.55'S, 175° 12.91'E and proceeding in a westerly direction to a point at 41° 26.65'S, 173° 12.4'E, then proceeding in a generally southerly direction at a distance of 800m from mean high water to a point at 41° 27.80'S, 175° 12.50'E then proceeding in an easterly direction to the mouth of Twin Creeks at 41° 27.85'S, 175° 13.08'E then proceeding along the mean high water mark to the point of commencement".

Te Kumenga

"the area contained within a line commencing at the mouth of the Makotukutuku Stream at 41° 29.81'S, 175° 12.42'E and proceeding in a westerly direction to a point at 41° 29.82'S, 173° 12.25'E, then proceeding in a generally southerly direction at a distance of 300m from mean high water to a point at 41° 31.75'S, 175° 11.60'E then proceeding in an easterly direction to a point at Te Kumenga Point at 41° 31.70'S, 175° 11.78'E then proceeding along the mean high water mark to the point of commencement".

These definitive descriptions are subject to the comments below as to their correctness.

The proposal was submitted to the Minister and the Ministry of Agriculture and Fisheries effected the statutory steps as required by the Act culminating in receipt by the Registrar of submissions and objections thus necessitating the Chief Judge of the Maori Land Court constituting this Tribunal by appointing Heta Kenneth Hingston, Esquire, a Judge of the Maori Land Court to conduct this inquiry.

The Registrar received in total sixteen written submissions of which eleven were objections and five in support of the proposal; two of the objectors prior to this public inquiry had withdrawn their objections.

The inquiry commenced at the Frank Cody Lounge, Masterton Borough Council Chapel Street Masterton at 9 a.m., 28th September 1994.

The following persons for and on behalf of the proponents participated in the inquiry.

Mita Carter Ann Carter
The Honourable Ben Couch Heni Te Whaiti

As well there were many local Maori who attended but did not take an active part.

Of the persons who had made written submissions, three persons attended to object, Messrs M. Hanson, M. J. Appleyard and J. Peacey, the General Manager of the New Zealand Fisheries Industry Board. Messrs Ian Beachman from the Wellington Regional Council; B. Dix from Conservation Department, M. Heatherington for the New Zealand Underwater Club, R. Cade for New Zealand Federation of Commercial Fishermen and the Cape Palliser Commercial Fisheries Association and M. Sykes all attended the inquiry and made submissions generally supportive of the proposals.

Messrs D. McCulloch and R. Sims from the Ministry of Agriculture and Fisheries attended and made themselves available to assist the Tribunal.

The proponents were led by Mr Mita Carter who along with his daughter Ann Carter made submissions and gave a comprehensive explanation of the proposals and the need for the Taiapure fishery. (See Appendix for their complete submission).

Messrs Beachman, Dix, Heatherington, Cade and a Mr Winter of the Masterton Historical Society all made short statements supporting and together acknowledging the extensive consultation that had been undertaken by Mr Carter and Ngati Kahungunu Ki Wairarapa when the proposal was prepared. Mr Heatherington adverted to the possibility that the interpretation of littoral waters could cause concern. Mr Cade in turn affirmed the support of the Palliser Bay Commercial Fisheries noting the preparedness of the proponents to accommodate some commercial fishing in the taiapure area.

M. J. Appleyard confirmed his written objection to the proposal producing a map (Appendix III) demonstrating that the definitive descriptions moved across Cook Strait well into the Richmond Range in the South Island. He also recorded his objection to the proposals because he was against the whole concept of Taiapure Fisheries.

Mr Hansen told the inquiry that he was a commercial fisherman based in Wellington and that from time to time he fished within the proposed Taiapure area; he objected because he excluded would effect his livelihood even going so far as to say that it may force him out of the industry; he expressed surprise that the Palliser Bay Commercial Fisheries supported the proposal. Mr Hansen was also clearly against the whole Taiapure legislation.

Mr Peacey complimented the proponents and the extensive consultation they had undertaken, expressed his and his Board’s reservations about the possible definitions of littoral waters and the area encompassed by the proposals, he raised the wide support for the fishery including that of commercial fishermen.

Mr Sykes also of the Board was also complimentary of the proponents wide consultation but expressed reservations about definitions and also the validity of agreements made by the proponent, with commercial fishermen of Palliser Bay.

The submissions of the objectors and supporters who did