NEW ZEALAND GAZETTE

No. 48

This tribunal does not propose to make any findings as to the validity of the questionnaire. It merely notes that the objections received to the proposal come with the exception of the New Zealand Fisheries Board came from two local residents of Karitane. There are no other official objections from any other local residents. In contrast there is support from commercial fishermen and the president of the Otago Recreational Marine Fishers Association representing approximately 2000 people.

From the evidence received the tribunal does not believe that the granting of the Taiapure order would be contrary to the general welfare of the community.

(iii) The impact of the order on those persons having a special interest in that area that would be declared by the order to be a Taiapure-Local Fishery. As stated previously only two persons of the local community objected to the proposal. The Otago Recreational Marine Fishers Association support the proposal. They see the area as a gem which should be protected and that the Taiapure proposal is one way to achieve this aim. They see it as a way in which both Maori and non-Maori can participate in the active management of a local fishery. The tribunal agrees with this sentiment and considers the proposal would benefit those persons having a special interest in the area.

(iv) The impact of the order on fisheries management. The objectors see that the impact on fisheries management would be inappropriate and unauthorised transfer of the fisheries management function from the specialisation ministry to a Taiapure Committee. There is reference to Deputy Chief Judge Smith’s recommendation on the proposed Waikare Taiapure where the Deputy Chief Judge did not recommend the establishment of the Taiapure because he considered that 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. They state that section 186 regulations now override the quota management system and exclude commercial fishing from a Taiapure.

It should be noted that prior to the appointment of this tribunal the files records that the Deputy Chief Judge corresponded with the Director-General of the Ministry of Agriculture and Fisheries and stated in a letter to the Director-General dated 17 September 1996 that “it occurs to me that the Minister approving of the East Otago Taiapure Fisheries in principle may not have taken into account the impact of the 1996 Fisheries Act in the regulations possible thereunder and I wonder if therefore this matter should be further canvassed by you with the Minister before a tribunal is constituted for the purposes of conducting this inquiry”.

The reply received from the Minister of Fisheries under cover of letter dated 11 December 1996 reads “My Ministry have advised me of your views on my consideration of the Taiapure application by Kati Huirapa Runanga.

I can confirm that when considering the initial application I did so within terms of the amendments to the Fisheries Act 1996 ...

To give you further assurance I have considered the application in terms of the 1996 Act and advise that I find no reason or cause to change my earlier view and as such my recommendation to you stands”.

The tribunal also notes that the proposal as approved in principle by the Minister states ... “The principal management mechanism will be the current fisheries regulations applying to the area with amendments suggested by the management committee, to introduce traditional management practices being discussed with MAF and approved by the Minister of Fisheries. The restriction on commercial harvest of quota species should not affect the exercise of current quota holders right ...”.

As has been stated in the evidence provided to this tribunal, the make-up of that management committee would be developed in conjunction with local interested groups including the Karitane Fishermen’s Association, the Otago Recreational Marine Fisher’s Association, the Coastal Fishers and Divers groups, community groups representing Warrington, Karitane, Doctors Point, Waitati, Purakanui and Waikouaiti and environmental groups such as the Royal Forest and Bird Protection Society. It is envisaged that the group be a 50/50 partnership so that the groups mentioned above would provide 50 percent of the committee. It is also envisaged that assistance be made of the Otago University Marine Biology Department to provide expert advice to the Taiapure Management Committee.

It is important to note that the Karitane Fishermen’s Association welcomed their involvement in the proposal and wished to be involved in representation on a management committee. The tribunal considers that this is appropriate.

The tribunal also considers that it is appropriate for the committee to be made up of all the interested parties which have been referred to above to enable a wide representation of the community both Maori, non-Maori, recreational and commercial fishermen to be involved in the management committee.

As has been stated, the Taiapure will enable all these groups to have a hands on control of the management of their local fishery. This proposal in the tribunal’s view is appropriate.

RECOMMENDATIONS

1. That the proposed Taiapure Fishery be proceeded with in terms of the proposal with no alteration made to the area proposed.

2. That the Minister, if this Taiapure is created, appoint a management committee to be comprised of 50 percent memberships from Kati Huirapa Runanga ki Puketeraki with the remaining 50 percent membership coming from the Karitane Fishermen’s Association, the Otago Recreational Marine Fishers Association, the Coastal Fishers and Divers groups, community groups representing Warrington, Karitane, Doctors Point, Waitati, Purakanui and Waikouaiti and also environmental groups. The committee also be permitted to obtain expert advice from the Otago University Marine Biology Department when required.

Dated at Gisborne this 25th day of August 1997.

W. ISAAC, Commissioner.

(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 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 East Otago Taiapure proposal.

(i) In regard to the recommendation in the tribunal report that the East Otago Taiapure should proceed, I have decided to accept this recommendation.