NEW ZEALAND GAZETTE

No. 144

Fisheries

Fisheries Act 1983

Notification of the Waikare Inlet Taiapure Proposal—Recommendations and Decisions—Notice (No. F68)

Pursuant to section 181 (9) (b) (i) of the Fisheries Act 1996, the Minister of Fisheries hereby publishes the report and recommendations of the tribunal concerning the Waikare Inlet Taiapure Proposal.

(a) Report and Recommendations of the Tribunal

In the matter of section 181 (8) of the Fisheries Act 1996, and in the matter of a proposal by Waikare Maori Committee for the establishment of Waikare Inlet, Waikino and Manawaora Creeks as a Taiapure-local fishery.

REPORT AND RECOMMENDATION TO THE HONOURABLE MINISTER OF FISHERIES IN PURSUANCE OF SECTION 181 (8) OF THE FISHERIES ACT 1996

On the 4th day of August 1994 the Director-General of Agriculture and Fisheries gave notice of the proposal by Sonny George on behalf of Waikare Maori Committee to establish the Waikare Inlet and the Waikino and Manawaora Creeks as a Taiapure-local fishery.

The area, the subject of the proposal, comprised all those waters enclosed by a line running from Tapu Point, through Motukikapu Island to the adjacent headland, including the Waikare Inlet and Waikino and Manawaora Creeks, the area being more particularly shown on a map appended to the proposal displayed in accordance with the provisions of section 54E (2) of the Maori Fisheries Act 1989. The matter was referred to the resident Judge of the Maori Land Court at Whangarei by the Chief Judge for the purposes of inquiry and report but the Chief Judge did not exercise his discretion in terms of section 54G (3) of the Maori Fisheries Act to appoint assessors.

Notice of the proposal was properly published in accordance with the provisions of section 54E (1) of the Maori Fisheries Act 1989, then in force, stating that the proposal had been agreed to in principle by the Minister of Fisheries and calling upon interested parties to lodge objections and submissions with the Maori Land Court at Whangarei.

Hearing of the inquiry was delayed because of proceedings before the High Court lodged by the New Zealand Fishing Industry Board but subsequently those proceedings were adjourned and the New Zealand Fishing Industry Board advised the Chief Judge of the Maori Land Court that proposals for the creating of taiapure-local fisheries areas could proceed to hearing. Accordingly a fixture was made for the tribunal to hear submissions at the Maori Land Court at Whangarei at 10.00 a.m. on Thursday the 25th day of July 1996 and written notice of the hearing was given to all who had filed submissions. Because of the unavailability of Judge A. D. Spencer of Whangarei, Chief Judge N. F. Smith constituted the tribunal to hear the matter.

Submissions were received from the following:

The Waikare Maori Committee claiming to represent the tangatawhenua and tangata o Te Moana and its various creeks and estuaries filed a submission in support through Mr Sonny George, the chairperson of the taiapure subcommittee.

Mr Peter Clark of Waikino Inlet, Opuha, also lodged a letter in support.

Written objections and submissions were lodged by the following:

Waikare Oyster farmers, c/- Peter Smith, Chairperson.

New Zealand Federation of Commercial Fishermen Inc through Richard Cade.

Northland Health Community Health Services through A. G. Beauchamp, shellfish co-ordinator.

New Zealand Underwater Environmental (a sub-association of New Zealand Underwater Incorporated) through Mr M. J. Heatherington.

New Zealand Fishing Industry Board through Mr T. B. Hollings, resource adviser.

Joint objections and submissions from Mr R. V. Wood and 20 individual residents from Opuha, Okiato, Russell and Kerikeri.

New Zealand Oyster Farmers Association Incorporated through the President Mr B. H. Turner.

For reasons that will become obvious later in this report it is not intended to deal in-depth with the various submissions filed although a copy of the minutes of the hearing is available on the Maori Land Court file. Mr Sonny George from the Waikare Maori Committee addressed his submissions which appear to adequately cover the requirements set out in the Maori Fisheries Act 1989 for the establishment of a taiapure-local fishery and he was supported by Mr H. King a member of the Waikare Maori Committee.

The main thrust of the objections lodged by those others filing submissions were:

(i) that the area covered by the proposal was not a discrete area as defined within the Act.

(ii) that regulations made under the Act could adversely affect the rights of oyster farmers operating within the area under farming licences granted under the Marine Farming Act 1971 and contributing greatly to New Zealand export.

(iii) that the historical use of the inlet had not been confined solely to the Maori of the area.

(iv) that management costs could result in further levies being imposed on the oyster farmers and commercial fishermen within the area.

(v) that proposed amendments to fisheries legislation could adversely affect the rights of general interest groups including commercial and recreational fishermen using the Waikare Inlet.

Mr Sonny George in addressing his submissions indicated that the Waikare Maori Committee intended, should the area be set apart as a taiapure-local fishery, to recommend to the Minister that the management committee required in terms of the Act to administer the area should include representatives from the regional council, Ministry of Agriculture and Fisheries, Department of Conservation and various interest groups using the inlet.

As stated previously, it is not intended to address the various objections lodged although this is not to be taken that no weight is to be afforded them. This tribunal is however concerned as to the effect of the proposed legislation (which has now come into force) the impact of which is far wider than that afforded by the provisions of the Maori Fisheries Act 1989.

Since the tribunal concluded its hearing the Fisheries Act 1996 was passed, and insofar as it impacts upon