✨ Fisheries Tribunal Report
18 NOVEMBER 2005
NEW ZEALAND GAZETTE, No. 194
assumed a different emphasis, we have changed the order in which we will deal with the
issues.
The issues that we will address in this report, and the order in which we will address them,
are therefore now these:
(1)
Was the area comprised in the application customarily of significance to the hapū of
Ōnuku, Wairewa and Koukourārata as a source of food, or for spiritual or cultural
reasons, as required by sections 174 and 175 of the Act?
(2)
Can the area applied for properly be regarded as littoral or estuarine, as required by
sections 174 and 175 of the Act?
(3)
How might rangatiratanga, and the fisheries right secured in Article II of the Treaty of
Waitangi, be better provided for in terms of this application?
(4)
What is the appropriate size for a taiāpure? Is the area applied for too large?
(5)
Should the taiāpure include the Dan Rogers area, which is the subject of a marine
reserve proposal?
(6)
Would the establishment of the taiāpure unduly affect existing commercial interests in
Akaroa Harbour?
(7)
Can the mechanisms in the Fisheries Act 1996 for management and control of the
taiāpure be expected to deliver the anticipated environmental and other benefits?
(8)
In practice, how will the Management Committee work? Can it be sufficiently
inclusive of community interests, at the same time as delivering on the kaupapa Māori
agenda of the applicants?
We now deal with each of these issues in turn.
Issue 1
Was the area comprised in the application customarily of significance to the hapū of
Ōnuku, Wairewa and Koukourārata as a source of food, or for spiritual or cultural
reasons, as required by sections 174 and 175 of the Act?
Section 174 of the Fisheries Act 1996 provides as follows:
- Object – The object of sections 175 to 185 of this Act is to make, in relation to
areas of New Zealand fisheries waters (being estuarine or littoral coastal waters) that
have customarily been of special significance to any iwi or hapū either (a)
As a source of food; or
(b)
For spiritual or cultural reasons, -
better provision for the recognition of rangatiratanga and of the right secured in
relation to fisheries by Article II of the Treaty of Waitangi.
This tribunal must first, therefore, be satisfied that the areas over which a taiāpure is sought
are areas that were customarily of special significance to the hapū in question either as a
source of food, or for spiritual or cultural reasons.
There was certainly no challenge to the evidence of the applicant rūnaka concerning the
occupation of Akaroa Harbour by the people of Ōnuku, Wairewa and Koukourārata since
1650-1700. At that time Ngāi Tahu people arrived aboard the Makawhiu waka captained by a
tupuna called Moki. Thereafter, Ngāi Tahu people became tangata whenua of this beautiful
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Online Sources for this page:
VUW Te Waharoa —
NZ Gazette 2005, No 194
Gazette.govt.nz —
NZ Gazette 2005, No 194
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Fisheries (Akaroa Harbour Taiapure-Local Fishery Proposal Recommendations and Decisions) Notice (No.F334)
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🌾 Primary Industries & ResourcesFisheries, Regulations, Akaroa Harbour, Taiapure-local fishery, Tribunal proceedings, Evidence, Estuarine waters, Littoral waters