22 OCTOBER 2009 NEW ZEALAND GAZETTE, No. 154 3751

Fisheries (Kaimoana Customary Fishing) Regulations 1998

Fisheries (Kaimoana Customary Fishing) Notice (No. 9) 2009 (No. F505)

Pursuant to Regulation 9 of the Fisheries (Kaimoana Customary Fishing) Regulations 1998, the Customary Relationship Manager (Deed of Settlement Implementation Programme) at the Ministry of Fisheries (acting pursuant to a delegated authority in accordance with section 41 of the State Sector Act 1988) gives the following notice.

Notice

1. Title and commencement—(1) This notice may be cited as the Fisheries (Kaimoana Customary Fishing) Notice (No. 9) 2009.

(2) This notice shall come into effect on 23 October 2009.

2. Interpretation—In this notice:

(a) “customary food-gathering” has the same meaning as defined in Regulation 2 of the Fisheries (Kaimoana Customary Fishing) Regulations 1998.

(b) “Tangata Kaitiaki” are local dialect words that have the same meaning as “Tangata Kaitiaki/Tiaki”, a term that is defined in Regulation 2 of the Fisheries (Kaimoana Customary Fishing) Regulations 1998.

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

(d) “area/rohe moana” means the area described by a line commencing at a point on the line of mean high-water springs at the mouth of the Waikato River, being Okarahia (37°22.35'S, 174°42.33'E); then southerly following the line of mean high-water springs to Ngatutura Point (37°31.22'S, 174°44.66'E); then due west to the Exclusive Economic Zone; then northerly following the Exclusive Economic Zone to a point due west of the point of commencement; then due east to the point of commencement. The geographical coordinates named are in terms of the WGS84 datum.

3. Nomination of Tangata Kaitiaki—Ngā Kaitiaki o Te Puaha, as represented by Te Kotahitanga Marae, has nominated Robert Clark as a Tangata Kaitiaki for managing customary food-gathering within the area/rohe moana.

4. Appointment of Tangata Kaitiaki—On 5 October 2009, the Minister of Fisheries confirmed, under Regulation 9(1) of the Fisheries (Kaimoana Customary Fishing) Regulations 1998, the appointment of Robert Clark as a Tangata Kaitiaki for managing customary food-gathering within the area/rohe moana.

5. Confirmation of tangata whenua—Ngā Kaitiaki o Te Puaha is confirmed as the tangata whenua of the area/rohe moana to which the appointment of the Tangata Kaitiaki relates. Ngā Kaitiaki o Te Puaha is represented by Oraeroa Marae, Te Awamarahi Marae, Te Kotahitanga Marae and Tikirahi Marae.

6. Power to authorise the taking of fisheries resources for customary food-gathering—A Tangata Kaitiaki from Ngā Kaitiaki o Te Puaha 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 Kaitiaki.

Dated at Nelson this 20th day of October 2009.

JUDITH MACDONALD, Customary Relationship Manager (Deed of Settlement Implementation Programme), Ministry of Fisheries.

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Fisheries (South Island Customary Fishing) Regulations 1999

Fisheries (South Island Customary Fishing) Notice (No. 13) 2009 (No. F503)

Pursuant to Regulation 9 of the Fisheries (South Island Customary Fishing) Regulations 1999, the Customary Relationship Manager (Deed of Settlement Implementation Programme) at the Ministry of Fisheries (acting pursuant to a delegated authority in accordance with section 41 of the State Sector Act 1988) gives the following notice.

Notice

1. Title and commencement—(1) This notice may be cited as the Fisheries (South Island Customary Fishing) Notice (No. 13) 2009.

(2) This notice shall come into effect on 5 November 2009.

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 for the management of customary food-gathering within an area/rohe moana.

(c) “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 Waihōpai Rūnaka in the First Schedule of Te Rūnanga o Ngāi 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—The Waihōpai Rūnaka, representing the whānau and hapū of Ngāi Tahu Whānui holding manawhenua manamoana over the area/rohe moana (as represented by Te Rūnanga o Ngāi Tahu), has nominated Carol York-Pakinga for a further term as a Tangata Tiaki/Kaitiaki for managing customary food-gathering within the area/rohe moana.

4. Appointment of Tangata Tiaki/Kaitiaki—On 22 September 2009, the Minister of Fisheries appointed, under Regulation 9(5) of the Fisheries (South Island Customary Fishing) Regulations 1999, Carol York-Pakinga as a Tangata Tiaki/Kaitiaki for managing customary food-gathering within the area/rohe moana for a further period of five years. The five-year appointment will expire on 4 November 2014.

5. Power to authorise the taking of fisheries resources for customary food-gathering—A 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 for which they have been appointed as a Tangata Tiaki/Kaitiaki. No customary food-gathering of fisheries resources shall take place without the authorisation of a Tangata Tiaki/Kaitiaki.