NEW ZEALAND GAZETTE, No. 96

7 JULY 2011

"class of persons described in clause 3" with

"class of persons described in clause 4".

Dated at Wellington this 7th day of July 2011.

HON DR NICK SMITH, Minister for the Environment.

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Fisheries

Fisheries (Kaimoana Customary Fishing) Regulations 1998

Fisheries (Declaration and Notification of Hakihea Mātaitai Reserve and Appointment of Tangata Kaitiaki/Tiaki) Notice 2011 (No. F581)

Pursuant to Regulations 23 and 25 of the Fisheries (Kaimoana Customary Fishing) Regulations 1998, the Minister of Fisheries and Aquaculture and the Chief Executive of the Ministry of Fisheries, respectively, hereby give the following notice.

Notice

1. Title—This notice may be cited as the Fisheries (Declaration and Notification of Hakihea Mātaitai Reserve and Appointment of Tangata Kaitiaki/Tiaki) Notice 2011.

2. Commencement—This notice shall come into effect on the 28th day after the date of its notification in the New Zealand Gazette.

3. Interpretation—In this notice:

   • (a) “mātaitai reserve” means the identified traditional fishing ground described in clause 4 of this notice.
   • (b) “Tangata Kaitiaki/Tiaki” means any person or persons appointed as Tangata Kaitiaki/Tiaki for the mātaitai reserve under Regulation 24 of the Fisheries (Kaimoana Customary Fishing) Regulations 1998.

4. Declaration of a mātaitai reserve—The Minister of Fisheries and Aquaculture declares a mātaitai reserve over all fisheries waters enclosed by a line:

   • (a) commencing at a point on the mean high water mark (MHWM) at 38°32.38'S and 178°16.06'E; then
   • (b) proceeding in a straight line in a southerly direction to a point offshore at 38°33.07'S and 178°15.98'E; then
   • (c) proceeding in a straight line in a south-westerly direction to a point offshore at 38°33.45'S and 178°15.33'E; then
   • (d) proceeding in a straight line in a south-westerly direction to a point on the east coast of Whangara Island at 38°34.47'S and 178°14.35'E; then
   • (e) proceeding in a straight line in a south-westerly direction to a point offshore on the boundary of Te Tapuwae o Rongokako Marine Reserve at 38°34.86'S and 178°13.70'E; then
   • (f) proceeding in a straight line in a north-westerly direction along the boundary of Te Tapuwae o Rongokako Marine Reserve to a point on the MHWM at 38°34.59'S and 178°13.19'E; and then
   • (g) proceeding along the MHWM to the point of commencement.

5. Appointment of Tangata Kaitiaki/Tiaki—The chief executive names James Farr, Marc Ferris, Tatai Kutia and Arihia Poi as Tangata Kaitiaki/Tiaki for the mātaitai reserve.

6. Prohibition on commercial fishing—Commercial fishing within the mātaitai reserve is prohibited under Regulation 27(2) of the Fisheries (Kaimoana Customary Fishing) Regulations 1998.

7. Power to authorise taking of fisheries resources for customary food gathering—The Tangata Kaitiaki/Tiaki may authorise any individual to take fish, aquatic life or seaweed for customary food gathering purposes from within the whole or any part of the mātaitai reserve. No fishing for customary food gathering purposes may take place in the mātaitai reserve without authorisation from the Tangata Kaitiaki/Tiaki.

Dated at Wellington this 29th day of June 2011.

HON PHIL HEATLEY, Minister of Fisheries and Aquaculture.

DAVID SCRANNEY, Spatial Allocations Manager, acting under delegated authority from the Chief Executive, Ministry of Fisheries.

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Fisheries (Kaimoana Customary Fishing) Notice (No. 9) 2011 (No. F594)

Pursuant to Regulation 9 of the Fisheries (Kaimoana Customary Fishing) Regulations 1998, the Fisheries Manager Customary 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) 2011.

(2) This notice shall come into effect on 8 July 2011.

2. Interpretation—In this notice:

   • (a) “customary food-gathering” has the same meaning as defined in 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; and
   • (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 Ngātutura 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 Tauranganui Marae, has nominated Te Aroha Taupo as a Tangata Kaitiaki for managing customary food-gathering within the area/rohe moana.

4. Appointment of Tangata Kaitiaki—On 28 June 2011, the Minister of Fisheries and Aquaculture confirmed, under Regulation 9(1) of the Fisheries (Kaimoana Customary Fishing) Regulations 1998, the appointment of Te Aroha.