NEW ZEALAND GAZETTE, No. 98

16 AUGUST 2012

Notice

1. Title and commencement—(1) This notice may be cited as the Fisheries (Kaimoana Customary Fishing) Notice (No. 4) 2012.

(2) This notice shall come into effect on 17 August 2012.

2. Interpretation—(1) In this notice:

“area/rohe moana” means the area described in clause 4.

(2) Terms used in this notice have the same meaning as in the Fisheries (Kaimoana Customary Fishing) Regulations 1998.

3. Nomination of Tangata Kaitiaki—Ngāti Kuta-Patukeha Hapū have nominated Joe Bristow, Phillip Bristow, John Clendon, Joe George, Russell Hook, George Martin, George Munn, Tony Reti, Arana Rewha, Charlotte Tau, Tauhia Tetai, Robert Willoughby and Richard Witehira as Tangata Kaitiaki for managing customary food-gathering within the area/rohe moana described in clause 4 of this notice.

4. Appointment of Tangata Kaitiaki—On 6 August 2012, the Minister for Primary Industries confirmed, under Regulation 9(1) of Fisheries (Kaimoana Customary Fishing) Regulations 1998, the appointment of Joe Bristow, Phillip Bristow, John Clendon, Joe George, Russell Hook, George Martin, George Munn, Tony Reti, Arana Rewha, Charlotte Tau, Tauhia Tetai, Robert Willoughby and Richard Witehira as Tangata Kaitiaki for managing customary food-gathering within the area/rohe moana enclosed by a line:

(a) commencing at a point on the mean high water mark (MHWM) on the southern side of the Haumi River mouth (at 35°17.86'S and 174°06.19'E); then

(b) proceeding in a northerly direction to a point offshore (at 35°16.88'S and 174°06.31'E); then

(c) proceeding in a northerly direction to a point offshore (at 35°13.34'S and 174°05.73'E); then

(d) proceeding in a north-easterly direction to a point on the boundary of the exclusive economic zone (EEZ) (at 33°09.00'S and 177°39.00'E); then

(e) proceeding in a generally south-easterly direction along the boundary of the EEZ until its intersection with the line of latitude 35°16.87'S; then

(f) proceeding due west for 200 nautical miles to a point on the MHWM at Taupiri Bay (at 35°16.87'S and 174°17.66'E); then

(g) proceeding along the MHWM of the Bay of Islands to the point of commencement.

(2) The geographical coordinates used in paragraph 4(1)(a)–(g) are stated in terms of the WGS84 datum.

5. Confirmation of tangata whenua—Kororareka, Ngāti Hine, Ngāti Kaua, Ngāti Korehina, Ngāti Kuta, Ngāti Manu, Ngāti Rahiri, Ngāti Rehia, Patukeha, Te Kapotai and Te Uri Karaka are confirmed as the tangata whenua of the area/rohe moana to which the appointment of the Tangata Kaitiaki relates.

6. Power to authorise the taking of fisheries resources for customary food-gathering—A Tangata 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 Kaitiaki.

Dated at Wellington this 13th day of August 2012.

KELLY DUNN, Director Māori Partnership Implementation, Ministry for Primary Industries.

Fisheries (South Island Customary Fishing)

Regulations 1999

Fisheries (Declaration and Notification of Waihao Mātaitai Reserve and Appointment of Tangata Tiaki/Kaitiaki) Notice 2012 (No. MPI 11)

Pursuant to Regulations 20 and 22 of the Fisheries (South Island Customary Fishing) Regulations 1999, the Minister for Primary Industries and the Director-General of the Ministry for Primary Industries give the following notice.

Notice

1. Title—This notice may be cited as the Fisheries (Declaration and Notification of Waihao Mātaitai Reserve and Appointment of Tangata Tiaki/Kaitiaki) Notice 2012.

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 Tiaki/Kaitiaki” means any person or persons appointed as Tangata Tiaki/Kaitiaki for the mātaitai reserve under Regulation 21 of the Fisheries (South Island Customary Fishing) Regulations 1999.

4. Declaration of a mātaitai reserve—The Minister for Primary Industries declares a mātaitai reserve over the following fisheries waters:

(a) Wainono Lagoon: The main water body of the Wainono Lagoon and the creek that runs south out of the Lagoon to the mouth of the Waimate Creek;

(b) Waihao River: The main stem of the Waihao River that runs east from State Highway 1 (“SH1”) to its mouth (Waihao Box), the part of Buchanans Creek east of SH1 that runs into the Waihao River and the coastal channel (the Dead Arm) that runs north from the Waihao Box to the mouth of the Waimate Creek;

(c) Waituna Stream: The main stem of the Waituna Stream that runs east from SH1 into the Wainono Lagoon; and

(d) Hook River: The main stem of the north and south branches of the Hook River that run east from SH1 into the Wainono Lagoon.

5. Appointment of Tangata Tiaki/Kaitiaki—The Director-General names Graeme Lane, Graeme Thomas, Maku Davis, Hinerangi Ferrell-Heath, John Wilkie and Pauline Reid as Tangata Tiaki/Kaitiaki for the mātaitai reserve. This appointment is for a term of five years, commencing on the day that this notice comes into effect.

6. Prohibition on commercial fishing—Commercial fishing within the mātaitai reserve is prohibited under Regulation 24(2) of the Fisheries (South Island Customary Fishing) Regulations 1999.

7. Power to authorise taking of fisheries resources for customary food gathering—The Tangata Tiaki/Kaitiaki 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 Tiaki/Kaitiaki.

Dated at Wellington this 23rd day of July 2012.

HON DAVID CARTER, Minister for Primary Industries.

JAMES STEVENSON-WALLACE, Director Fisheries Management, acting under delegated authority from the Director-General, Ministry for Primary Industries.