28 MARCH NEW ZEALAND GAZETTE 923

Commercial Fishermen Association and objected to the three kilometre extension of area around Okurei Point (Town Point) as one of its members fished rock lobster in this area.

Ms Kate Brownlie and Mr Tom Hollings appeared and spoke to the objection lodged by New Zealand Fishery Board. This Board’s objection is based primarily on the interpretation of the relevant statutory provisions and their application by the Minister.

There were other objectors in particular Mr Murray Holyoake for the Pukehina Fishing Club whose objection went to the racism they perceived inherent in the Taiapure legislation as well the fact that Maori may in some way restrict the fishing privileges they now enjoy. There did not appear to the Tribunal to be much substance in this objection as well those of a like vein filed with the Registrar but not supported in person at the inquiry. There appears to be a refusal by some in the wider community to accept the legislation primarily because Maori may in terms of the act exercise some regulatory and control function if the Taiapure is accepted by the Minister.

There is an objection of a different nature that was presented. Te Runanga O Tapuika and Waitaha felt their tino rangatiratanga was being usurped. It appears that this objection goes not to the shape, size or purpose of the Taiapure but rather to who will control it if it is created.

In anticipation of the difficulty of this type of objection I, in my role as Judge in Waiariki called a hui of Te Arawa prior to the instant inquiry. I explained at that hui that gathering these powers the Tribunal has and suggested if they could not work through who should be the persons nominated to the management committee they might find themselves facing a representation hearing in terms of S 30 Te Ture Whenua Maori Act 1993. The results of the Arawa hui appear inconclusive on the question of tino rangatiratanga as the Runanga formally objected to the inquiry. They were informed that the purpose of the inquiry was not to decide representation as that question comes before the Minister when and if he decides to proceed with the Taiapure. I suggested that if that point is reached the Minister via his officials may consider calling a further hui of Te Arawa people to discuss the representation question.

Mr Barry Wilkinson when explaining the application before the Tribunal and made it clear that applicants saw their role as facilitating the creation of the Taiapure and they in no way wished to encroach upon the rangatiratanga of any hapu.

There is a lot of general community support for this Taiapure evidenced by the many written submissions in support and of the objections I consider the only issue that the Minister will have to address is whether the present right to commercial fishing of the one commercial fisherman identified as fishing in the proposed area should be made subject to this Taiapure proposal.

Many in support also considered that the management committee should include non-Maori. Mr. Wilkinson accepted this as a possibility.

Recommendation

That no action be taken by the Minister as a result of the objections and submissions made to this Tribunal.

Ancillary Matters

1. The Tribunal is of the view that when considering who are ‘representatives of the local Maori community’ [S 54J (3) Fisheries Act 1983] the Minister could consider direction his departmental officers convene a hui of Te Arawa with a view to considering who is so representative.

2. This Tribunal recognising there is no legal obligation upon the Registrar Waiariki Maori Land Court records its appreciation for the support resources provided by him - without this support the Tribunal would not have been able to properly carry out its tasks.

3. The Tribunal expresses its appreciation to the Minister’s officials for their assistance at the inquiry.

Dated at Rotorua this 25th day of September 1995.

H. K. HINGSTON, Judge.

(b) Decision of the Minister

Pursuant to section 54g (9) (b) (ii) of the Fisheries Act 1983, the Minister of Fisheries, after having regard to the provisions of section 548 (3) of the Fisheries Act 1983 and after consultation with the Minister of Maori Affairs, hereby publishes his decisions made in regard to the report and recommendations of the tribunal concerning the Maketu taiapure proposal.

i. In regard to the recommendation in the tribunal report I am satisfied that it is appropriate to accept this recommendation and accordingly do recommend that the Governor-General declare a taiapure for the area described as follows: That portion of the New Zealand Fisheries Waters enclosed by a line commencing at the original mouth of the Waiariki Stream at the north western corner of Taylor Reserve, Papamoa (at 37° 42.65’S and 176° 20.02’E), then running to a point (at 37° 42.15’S, 176° 20.42’E), then running generally parallel to mean high water mark to a point (at 37° 44.85’S, 176° 26.20’E), then running as part of the circumference of a circle with its centre at Okurei Point (at 37° 44.67’S, 176° 28.27’E), with a radius of 3000 metres to a point (at 37° 45.62’S, 176° 29.92’E), then running generally parallel to mean high water mark to a point (at 37° 49.46’S, 176° 35.91’E), then running to a point (at 37° 50.20’S, 176° 36.05’E) at the mean high water mark, then running along mean high water mark including the tidal waters of Waihi Estuary and Maketu Estuary to the point of commencement.

ii. In making that decision I have considered the objectives and policies contained in the proposal and the effect of these on other users of the area. I have noted references in the tribunal’s report about the level of support for the proposal from the recreational sector and to statements made by the applicants that their proposal would not result in any recommendations being made for additional controls on commercial rock lobster potting in the area.

iii As an ancillary matter I note the view of the tribunal that when receiving and considering nominations for membership of the taiapure committee that particular account must be taken to ensure that any person or group making nominations is representative of the local Maori community.

Dated at Wellington this 21st day of March 1996.

D. L. KIDD, Minister of Fisheries.