NEW ZEALAND GAZETTE

No. 57

Education

Education Act 1989

Closure of Waimumu School (4043) Notice

Pursuant to section 154 of the Education Act 1989, and acting under the authority delegated to me, I hereby declare that Waimumu School (4043), Southland, will close on the 6th day of June 1996, and will cease to be established on that day.

Dated at Wellington this 30th day of May 1996.

KATHY PHILLIPS, Senior Manager, National Operations.

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Fisheries

Fisheries Act 1983

Notification of the Porangahau Taiapure-Local Fishery Proposal (Recommendations and Decisions) Notice (No. F31)

Pursuant to subsection 9 (b) of section 54G of the Fisheries Act 1983, the Minister of Fisheries, after taking into account the report and recommendations of a tribunal established pursuant to that section, and after having regard to the provisions of section 54B (3) of the Fisheries Act 1983, and after consultation with the Minister of Maori Affairs, is to publish the report and recommendations of the tribunal considering the Porangahau Taiapure-Local Fishery proposal, and the Minister's decision on that report and those recommendations.

(i) Report and Recommendations of the Tribunal

Pursuant to section 54G (9) (b) (i) of the Fisheries Act 1983, the Minister of Fisheries, after taking into account the report and recommendations of a tribunal established pursuant to section 54G of the Fisheries Act 1983, after having regard to the provisions of section 54B (3) of the Fisheries Act and after consultation with the Minister of Maori Affairs, hereby publishes the report and recommendations of the tribunal considering the Porangahau Taiapure-Local Fishery proposal:

"In the matter of S 54G of The Fisheries Act 1983, and in the matter of a proposal by Ngati Kere of Porangahau to establish Nga Taonga O Ngati Kere Taiapure local fishery.

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

This Tribunal constituted pursuant to section 54G of the Fisheries Act 1983 (the Act) has conducted a public inquiry into all objections and submissions submitted to the Registrar of the Maori Land Court of New Zealand (Takitimu Registry) made in respect of a proposal by Ngati Kere to establish a taiapure - local fishery in respect of coastline from Cape Turnagain north some 41.5 km such proposal having 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 area the subject of the proposal are as follows:

The area [those estuarine or littoral coastal waters] contained within a line commencing at the eastern-most point of Cape Turnagain (at 40°29.19’S and 176°37.28’E), then proceeding in a north-easterly direction to the mouth of the stream at (40°11.50’S and 176°48.29’E), then proceeding in a south-westerly direction to position at (40°16.34’S and 176°33.35’E), then proceeding in a southerly direction to the point of commencement.

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 written submissions some supporting the proposal others objecting to it. The enquiry commenced at the Maori Land Court, Hastings at 9.00 a.m. November 1994 was adjourned to and completed on 6 December 1994.

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

• Mr Nik Scia Scia
• The Honourable Duncan MacIntyre
• Ms Myra Smith
• Mr Reihana Scia Scia
• Mr Albert Whealy (Hawkes Bay Fisherman Association)
• Mr Richard Hawea
• Mr James Hutchinson
• Mr Denzyl Hokianga
• Mr John Ormond

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

The following persons having lodged objection appeared and spoken in support thereof:

• Mr Rod Hansen
• Mr Keith Walker
• Mr Maxwell Hetherington (NZ Underwater Association)
• Mr Richard Cade (Federation of Commercial Fisherman)
• Mr Daryl Sykes (NZ Fishing Industry Board)
• Mr Mike Stevens (Moana Pacific Ltd)
• Mr John Condliffe
• Diane Peterson

Applicant’s case

Mr Nick Sciasia opened for the applicants and he was supported by Mr John Ormond who along with the Honourable Duncan MacIntyre described to the inquiry the nature and reasons why the Taiapure fishery was sought. Anticipating that there would be objections from residents of Blackhead Beach, Mr Ormond explained that the boundary of the fishery was extended north along Blackhead beach from Blackhead Point to ensure protection of the reefs off the point. He acknowledged that the initial public consultation was on the basis of the fishery commencing at Blackhead Point. Both Messrs Ormond and MacIntyre addressed the question whether the area encompassed by the proposed fishery was capable of being described as within littoral and estuarine waters. The applicant’s also referred to the proposed D.O.C marine reserve between Blackhead Village and Ouepoto Beach.

The support of the people, both Maori and Non Maori, of Porangahau and surrounding coastal areas was obvious; the “local” objection came from Blackhead Beach residents. The other supporters of the proposal spoke of the depletion of fish/shell fish in the Bay fronting Porangahau, due they said to the over fishing by commercial interests. All supporters of the proposed fishery were firmly of the view that the depletion must be arrested and the proposals were all to that end.

The applicants in their submissions envisaged a management committee representative of Non Maori interests as well as the local iwi.