2 OCTOBER NEW ZEALAND GAZETTE 3325

taiapure-local fisheries, came into force on the 13th day of August 1996.

The major changes effected by the Fisheries Act 1996 in relation to taiapure-local fisheries are contained in section 185 of the Act which extends substantially the provisions of section 54K of the Maori Fisheries Act 1989 by adding to the regulations which can be made by the Minister on the recommendation of the taiapure-local fisheries management committee. Section 54K of the 1989 Act provided that the Committee of Management could recommend to the Minister that regulations be made "for the conservation and management of the fish, aquatic life and seaweed in a taiapure-local fishery". That was the limit of any permitted regulations in force when the Director-General referred this matter to the Minister and the Minister having agreed in principle authorised the Director-General to publish the proposal on the 4th day of August 1994.

Those objectors who filed submissions did so on the basis of the Act then in force, although some did express concerns as to the possible result of any proposed amendments to legislation.

Section 185 of the Fisheries Act 1996 empowers the Management Committee for a taiapure-local fishery to recommend to the Minister the making of regulations under sections 186, 297 and 298 of the Fisheries Act 1996. The regulations envisioned by those sections greatly exceed the limited proposals for conservation and management under the 1989 Act.

Regulations made under section 186 include provisions to have an area declared a mataitai reserve with resultant restriction on the taking of fish, and to empower any Maori committee, marae committee or kaitiaki of the tangata whenua to make bylaws relating to the taking or prohibiting the taking of fish unless for the functions of the Marae concerned. Such regulations apply to all individuals.

Regulations made under section 297 of the Act are entitled "general regulations" and govern the taking or the prohibition of the taking of fish from any area, or of any specific size or of any specific physical characteristics. Those regulations also regulate the methods of fishing, including prohibiting the possession or use of any specific kind of gear, equipment or device used or related to fishing or to the use of fishing vessels or fish carriers. The list goes on and is clearly far beyond the objects contemplated by the provisions of now section 174 of the Fisheries Act 1996.

Section 298 of the Act provides for regulations relating to sustainability measures which again envisages the implementation of matters far beyond the knowledge, expertise, and financial means of a management committee established under the provisions of section 184 of the Act and nominated by persons appearing to the Minister to be representative of the local Maori committee.

Further, the involvement of the regional authorities under the Resource Management Act 1991, and the part to be played by Management Committees of taiapure-local fisheries in that regard also add a further complicating factor to the equation.

Clearly, at the time when the Minister acting on the advice of the Director-General agreed to this proposal in principle and the proposal was published, the wide ranging effects of the regulations now capable of being made on the recommendation of a Management Committee could not have been contemplated either by the Minister or by any person or body affected by the proposal and seeking to make submissions.

Waikare Inlet comprises some 20 square kilometres and is used by a variety of interest groups not the least of which include the oyster farmers, commercial fishermen to a limited extent, and inhabitants of the area, all of whom may have been able to live within the regulations made in terms of section 54K of the 1989 Act designed for the conservation and management of fish and aquatic or marine life but could be severely restricted or compromised by regulations made under sections 186, 297 and 298 of the Fisheries Act 1996.

These are matters which should now be revisited by the Minister and his advisers.

It is the recommendation of this tribunal that because of the nature and effect of the regulations that may be made under sections 186, 297 and 298 of the Fisheries Act 1996 upon the recommendation of any committee established for the purposes of a taiapure-local fishery established for the Waikare Inlet, differing substantially from the proposal originally approved in principle by the Minister, and because of the impact those regulations could have on the general interest groups within the district, the establishment of the Waikare Inlet as a taiapure-local inlet should be declined.

It is further recommended that the Minister should refer the proposal back to the Ministry for further consideration of the Waikare Maori Committee’s proposal particularly on the question of the impact of the provisions of the Fisheries Act 1996.

Dated at Wellington this 17th day of September 1996.

N. F. SMITH, Deputy Chief Judge.

(b) Decision of the Minister

Pursuant to section 181 (9) (b) (ii) of the Fisheries Act 1996, the Minister of Fisheries, after having taken into account the report and recommendations of the tribunal and having regard to the provisions of section 176 (2) of the Fisheries Act 1996 and after consultation with the Minister of Maori Affairs, hereby publishes his decision on the report and recommendations of the tribunal concerning the Waikare Inlet taiapure proposal.

(i) In regard to the recommendation in the tribunal report that I should refer the Waikare Taiapure Proposal back to the Ministry of Fisheries for further consideration, particularly on the question of the impact of provisions of the Fisheries Act 1996, I have undertaken that step in accordance with section 181 (9) of the Act.

(ii) In regard to the recommendation in the tribunal report that the Waikare Inlet should not be established as a taiapure-local fishery, I have decided to decline to accept this recommendation.

(iii) In making the decision referred to in (ii) above I am satisfied, after having carefully reconsidered the matter in terms of section 181 (9) of the Act, that the wider powers of the management committee, to recommend regulations under section 185 of the 1996 Act, will not significantly increase the impact that taiapure-local fisheries regulations could have on general or specific interest groups, particularly since this power is merely a recommendatory power. I also note the applicant’s statements that their proposal would not result in any recommendations being made for additional Fisheries Act controls on aquaculture in the area. I am further satisfied that the Waikare Inlet Taiapure Proposal is appropriate in terms of section 176 (2) of the Act.