27 NOVEMBER NEW ZEALAND GAZETTE 4473

Fisheries (Kaimoana Customary Fishing)

Regulations 1998

Fisheries (Kaimoana Customary Fishing) Notice

(No. 14) 2003 (No. F274)

Pursuant to Regulations 9 and 10 of the Fisheries (Kaimoana Customary Fishing) Regulations 1998, a senior fisheries management advisor, Ministry of Fisheries (acting pursuant to a delegated authority in accordance with section 41 of the State Sector Act 1988), hereby gives the following notice.

Notice

1. Title and commencement—(1) This notice may be cited as the Fisheries (Kaimoana Customary Fishing) Notice (No. 14) 2003.

(2) This notice shall come into effect the day after the date of its notification in the New Zealand Gazette.

2. Interpretation—In this notice:

(a) “customary food gathering” has the same meaning as defined in the Fisheries (Kaimoana Customary Fishing) Regulations 1998.

(b) “Kaitiaki” is a local dialect word that has the same meaning as “Tangata Kaitiaki/Tiaki”, a term that is defined in the Fisheries (Kaimoana Customary Fishing) Regulations 1998.

(c) Any reference to “Kaitiaki” means the person or persons appointed under Regulation 9 of the Fisheries (Kaimoana Customary Fishing) Regulations 1998 as Tangata Kaitiaki/Tiaki for the management of customary food gathering within the area/rohe moana.

(d) the “area/rohe moana” means an area described by a line beginning on the coastline at Tatapouri Point (38° 39.1′ S and 178° 08.8′ E) then generally north-east along the coastline to a point on Waihau Beach (38° 27.1′ S and 178° 17.7′ E), then generally south-east to a point (40° 02.5′ S and 177° 50.0′ W), on the outer limit of the exclusive economic zone and then generally south-west along the outer limit of the exclusive economic zone to a point (40° 21.5′ S and 177° 57.5′ W) and then generally north-west to the point of commencement.

3. Cancellation of Kaitiaki—The Paikea Whitireia Trust, on behalf of Ngāiti Konohi, being the tangata whenua who nominated Heta Matete, Tangiwai Matete and Hone Taumaunu as Kaitiaki for the area/rohe moana, has requested in writing the cancellation of the appointment of Heta Matete, Tangiwai Matete and Hone Taumaunu as Kaitiaki.

4. Cancellation of appointment—The Associate Minister of Fisheries (acting pursuant to delegated authority) hereby confirms the cancellation of the appointment of Heta Matete, Tangiwai Matete and Hone Taumaunu as Kaitiaki for managing customary food gathering for the area/rohe moana.

5. Appointment of Kaitiaki—The Associate Minister of Fisheries (acting pursuant to a delegated authority) hereby confirms the appointment of John Haapu, Brian Leach and Heemi Maana Taumaunu as Kaitiaki to manage customary food gathering for the area/rohe moana.

6. Confirmation of tangata whenua—Ngāiti Konohi, as represented by the Paikea Whitireia Trust, is confirmed as the tangata whenua of the area/rohe moana to which the appointment of Kaitiaki relates.

7. Power to authorise the taking of fisheries resources for customary food gathering—The Kaitiaki may authorise any individual to take fisheries resources managed under the Fisheries Act 1996, other than those resources that are taken in fresh water, for customary food gathering purposes from within the whole or any part of the area/rohe moana for which they have been appointed as Kaitiaki. No customary food gathering of fisheries resources may take place in the area/rohe moana without an authorisation from the Kaitiaki.

Dated at Nelson this 25th day of November 2003.

K. DRUMMOND, Senior Fisheries Management Advisor, Ministry of Fisheries.

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Fisheries (South Island Customary Fishing)

Regulations 1999

Fisheries (South Island Customary Fishing) Notice

(No. 52) 2003 (No. F273)

Pursuant to Regulation 10 of the Fisheries (South Island Customary Fishing) Regulations 1999, and acting under delegated authority, the Associate Minister of Fisheries hereby gives the following notice.

Notice

1. Title and commencement—(1) This notice may be cited as the Fisheries (South Island Customary Fishing) Notice (No. 52) 2003.

(2) This notice shall come into effect the day after the date of its notification in the New Zealand Gazette.

2. Interpretation—In this notice:

(a) “customary food gathering” has the same meaning as defined in the Fisheries (South Island Customary Fishing) Regulations 1999.

(b) “Tāngata Tiaki/Kaitiaki” means the person or persons appointed under Regulation 9 of the Fisheries (South Island Customary Fishing) Regulations 1998 as Tāngata Tiaki/Kaitiaki for a general customary food gathering area/rohe moana, as described in clauses 3 and 5.

3. Cancellation of Tāngata Tiaki/Kaitiaki—Te Rūnanga o Awarua, being the Tāngata Whenua who nominated Lowana Clearwater, Terence Gilroy, Irinapeti Piungatai Morgan, Una Booth, Nui Rickus and Rata Shanks as Tāngata Tiaki/Kaitiaki for the area/rohe moana, has requested in writing the cancellation of their appointments as Tāngata Tiaki/Kaitiaki for the following areas:

(a) Lowana Clearwater, Terence Gilroy and Irinapeti Piungatai Morgan as Tāngata Tiaki/Kaitiaki of the customary food gathering area/rohe moana from Piopiotahi to Tokatā extending seaward to the limit of the South Island fisheries waters as defined under Regulation 2 of the Fisheries (South Island Customary Fishing) Regulations 1999, being the 200 mile limit; and inland to the boundaries defined for Te Rūnanga o Awarua, Te Rūnanga o Oraka Aparima, Hokonui Rūnaka and Waihōpai Rūnaka in the First Schedule of Te Rūnanga o Ngāi Tahu Act 1996. The area/rohe moana therefore includes South Island fisheries waters about and within Rakiura and other offshore islands situated within the 200 mile limit;

(b) Una Booth as Tāngata Tiaki/Kaitiaki of the customary food gathering area/rohe moana from Tokatā to Catlins Heads, extending seaward to the 200 mile limit, and inland to boundaries defined for Te Rūnanga o Awarua under Te Rūnanga o Ngāi Tahu Act 1996;

(c) Nui Rickus as Tāngata Tiaki/Kaitiaki of the customary food gathering area/rohe moana from Catlins Heads to Mahaka Point, extending seaward to the 200 mile limit, and inland to boundaries defined for Te Rūnanga o Awarua under Te Rūnanga o Ngāi Tahu Act 1996;