16 AUGUST

NEW ZEALAND GAZETTE

1. Report and Recommendation of the Tribunal

In the matter of Part IX of the Fisheries Act 1996 and in the matter of an application by Ngāti Tama Manawhenua Ki Te Tau Ihi Trust pursuant to Part IX of the Fisheries Act 1996 for a taiapure-local fishery at Whakapuaka (Delaware Bay).

Report and Recommendation to the Minister of Fisheries

The above application on behalf of Ngāti Tama was agreed to in principle by the Minister of Fisheries acting under section 178 of the Fisheries Act 1996 and publicly notified in the New Zealand Gazette on Thursday, 25 March 1999. Public notification in major metropolitan newspapers and The Nelson Mail and the Marlborough Express also followed.

The proposed taiapure-local fishery related to all the marine and estuarine waters enclosed by a line:

(a) commencing at Ataata Point (at 41°09.44’S and 173°24.20’E), then

(b) proceeding on a bearing of 22°00’ for a distance of 1460 metres to a point off Fall Cove 200 metres seaward from the mean high water mark of Pepin Island (at 41°08.71’S and 173°24.59’E), then

(c) proceeding on a bearing of 333°00’ for a distance of 225 metres to a point 200 metres seaward from the mean high water mark of Pepin Island (at 41°08.60’S and 173°24.52’E), then

(d) proceeding on a bearing of 18°15’ for a distance of 475 metres to a point 200 metres seaward from the mean high water mark of Pepin Island (at 41°08.36’S and 173°24.62’E), then

(e) proceeding on a bearing of 41°45’ for a distance of 670 metres to a point off Maheipuku Point 200 metres seaward from the mean high water mark of Pepin Island (at 41°08.09’S and 173°24.94’E), then

(f) proceeding on a bearing of 109°45’ for a distance of 585 metres to a point off Platform Point 200 metres seaward from the mean high water mark of Pepin Island (at 41°08.20’S and 173°25.33’E), then

(g) proceeding on a bearing of 66°36’ for a distance of 8380 metres to Whangamoa Head (at 41°06.39’S and 173°30.83E), then

(h) proceeding generally south and west along the mean high water mark of Delaware Bay to the western most point of Maori Pa Beach (at 41°09.76’S and 173°26.45’E), then

(i) proceeding on a bearing of 270°00’ for a distance of 150 metres to a point on the mean high water mark of Pepin Island (at 41°09.76’S and 173°26.35’E), then

(j) proceeding generally northerly, westerly and southerly along the mean high water mark of Pepin Island and Cable Bay to the point of commencement.

A copy of the map which accompanied the application and which shows the boundaries of the proposed taiapure is annexed hereto marked “A”. [Note that the map is not part of this notice, but is available from the Ministry of Fisheries, Private Bag 14, Nelson. Telephone: (03) 548 1069.]

The application encompasses 16 pages and further contains a number of appendices. I do not intend to repeat in this report what is contained in the application, as the information contained therein has not been challenged in any way before the Tribunal.

It is sufficient to note that the application shows widespread consultation with local people, the fishing industry and other interest groups and widespread support as a result of the consultative process. There were, however, some objections as I subsequently note.

The application further covers the goals and objectives of the taiapure, namely to manage the area so that fish stocks will recover and to improve and enhance them by regulation and other means. It also covers the importance and special significance of this relatively small area adjacent to Ngāti Tama’s ancestral lands, both culturally and as a source of food.

Objections

Following public notification, individual objections were received from:

• New Zealand Seafood Industry Council
• Pepin Island Sheep Station and Resort Limited

And a combined objection from:

• Challenger Finfisheries Management Company Limited
• Challenger Scallop Enhancement Company Limited
• Challenger Dredge Oyster Fishery Company Limited
• King Turner Fishing
• Guards Fisheries
• Golden Bay-Motueka Fishermen’s Association

Pepin Island Sheep Station and Resort Limited supported the concept of taiapure but withheld its support for the application because it felt that there were a number of issues which needed resolution through further consultation.

The other objections were based on a number of grounds.

The Hearing

The hearing was held at Nelson on 30 March 2000. The applicant was represented by Miss Wise and the combined commercial fishing interests by Ms Sue Grey.

Others who recorded attendances were:

• Peter Brierley supporting the applicants
• Raymond Necklen of the Ministry of Fisheries
• Don Stanton of Tasman Bay Amateur Marine Fishers Association
• Dennis Wells of New Zealand Federation of Commercial Fishermen

At the commencement of the hearing, a joint memorandum was submitted to the Court by Ms Grey on behalf of the applicant and the combined fishing groups indicating that a compromise had been reached. A copy of the memorandum is annexed marked “B”. [Note that the memorandum is not part of this notice, but is available from the Ministry of Fisheries, Private Bag 14, Nelson. Telephone: (03) 548 1069.] Clause 2 of the memorandum evidences agreement between the parties as follows:

“(2) Accordingly, the parties respectfully request that the Whakapuaka Taiapure be established pursuant to the following condition:

‘That the Whakapuaka Taiapure at no time will impose any exclusion or restrictions on commercial fishing for oyster, scallop, finfish or crayfish in that part of the Taiapure to the seaward side of the line between Red Point and Puketi Point.’”

Of those present, the only possible objector was Mr Wells. In response to a question from the Tribunal, he indicated that he was happy with the agreement. He stated that a good rapport had been built up with the applicant and that he was sure that when the time came to establish management rules, they would be properly worked through.

This leaves only the objection of the New Zealand Seafood Industry Council. There was no appearance on behalf of the Council which had filed a written submission. In introduction, the submission states that the Council “makes this submission and objection on behalf of the national and generic interest of the seafood industry. It is expected that