15 SEPTEMBER 2005

NEW ZEALAND GAZETTE, No. 158

3961

DAVID BENSON-POPE, Minister of Fisheries.

Dated at Wellington this 12th day of September 2005.

Explanatory Note

This note is not part of the notice, but is intended to indicate its general effect.

The intent of this notice is to ensure implementation of effective devices to deter seabirds from interacting with trawl warp cables. This notice, which only applies to vessels 28-46 metres, prohibits fishing in FMAs 3 – 7 unless the vessel has paired streamer lines deployed.

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Fisheries (South Island Customary Fishing) Regulations 1999

Fisheries (South Island Customary Fishing) Notice (No. 5) 2005 (No. F335)

Pursuant to Regulation 9 of the Fisheries (South Island Customary Fishing) Regulations 1999, a senior fisheries management advisor of the Ministry of Fisheries (acting pursuant to a delegated authority in accordance with section 41 of the State Sector Act 1998) hereby gives the following notice.

Notice

1. Title and commencement—(1) This notice may be cited as the Fisheries (South Island Customary Fishing) Notice 2005 (No. 5).

(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) “Tangata Tiaki/Kaitiaki” means the person or persons appointed under Regulation 9 of the Fisheries (South Island Customary Fishing) Regulations 1999 as Tangata Tiaki/Kaitiaki for the area/rohe moana.

(c) the “area/rohe moana” means the area 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 Waihopai Rūnaka in the First Schedule of Te Rūnanga o Ngai Tahu Act 1996. The area/rohe moana includes South Island fisheries waters about and within Rakiura, and other offshore islands situated within the 200 mile limit.

3. Nomination of Tangata Tiaki/Kaitiaki—Jodi Shayne Cameron and Cyril Raymond Gilroy were nominated as Tangata Tiaki/Kaitiaki by the Waihopai Rūnaka. Their appointments were confirmed by the Minister of Fisheries by way of the Fisheries (South Island Customary Fishing) Notice (No. 23) 2000 (No. F162). The Waihopai Rūnaka, being the tangata whenua who holds manawhenua manamoana over the area/rohe moana (as represented by Te Rūnanga o Ngai Tahu), has nominated Jodi Shayne Cameron and Cyril Raymond Gilroy as Tangata Tiaki/Kaitiaki for the area/rohe moana for a further period of five years.

4. Appointment of Tangata Tiaki/Kaitiaki—On 5 September 2005, the Associate Minister of Fisheries (acting pursuant to a delegated authority) confirmed the appointment of Jodi Shayne Cameron and Cyril Raymond Gilroy as Tangata Tiaki/Kaitiaki for managing customary food gathering in the area/rohe moana. The appointments are for five years commencing the day this notice comes into effect.

5. Power to authorise taking of fisheries resources for customary food gathering—The Tangata Tiaki/Kaitiaki may authorise any individual to take fisheries resources managed under the Fisheries Act 1996 for customary food gathering purposes from within the whole or any part of the area/rohe moana. No customary food gathering of fisheries resources may take place in the area/rohe moana without an authorisation from a Tangata Tiaki/Kaitiaki.

Dated at Dunedin this 12th day of September 2005.

R. GRINDLEY, Senior Fisheries Management Advisor, Ministry of Fisheries.

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Justice

District Courts Act 1947

Acting Community Magistrate Appointed

Pursuant to section 11H of the District Courts Act 1947, Her Excellency the Governor-General of New Zealand has been pleased to appoint

Mary Forbes Symmans, Community Magistrate, of Hamilton (to retire on 10 September 2005)

to be an Acting Community Magistrate, to carry out such functions and powers as are conferred on Community Magistrates, in such Courts at such times as the Chief District Court Judge may from time to time direct, under section 11C of the District Courts Act 1947, for a term of 24 months on and from 11 September 2005.

Dated at Wellington this 5th day of September 2005.

PHIL GOFF, Minister of Justice.

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Acting District Court Judges Appointed

Pursuant to section 10A of the District Courts Act 1947, Her Excellency the Governor-General has been pleased to appoint

Lindsay Hugh Moore, District Court Judge (to retire on 6 October 2005)

to be an Acting District Court Judge, to exercise civil and criminal jurisdiction in New Zealand, and to exercise the criminal jurisdiction of the District Courts under Part IIA of the District Courts Act 1947, at such place or places and for such period or periods only as the Chief District Court Judge may fix, pursuant to the said section 10A of the District Courts Act 1947, for a term of two years on and from 7 October 2005; and

Anne Elvira Gaskell, District Court Judge (to retire on 7 October 2005)

to be an Acting District Court Judge, to exercise civil and criminal jurisdiction in New Zealand, and to exercise the criminal jurisdiction of the District Courts under Part IIA of the District Courts Act 1947, at such place or places and for such period or periods only as the Chief District Court Judge