Legislation & policy
Customary Fishing
The legal meaning of the term ‘customary fishing’ has fundamentally changed since the 1992 Māori fisheries settlement.
Prior to 1992, the legal system recognised Māori customary fishing rights included both a commercial and non-commercial component. However, the 1992 deal was a ‘full and final’ settlement of Māori commercial rights to New Zealand’s fishery.
When most people refer to Māori customary fishing today they are only referring to the non-commercial component of that right.
Customary Management Tools
There are a number of legislative ‘tools’ that Māori can use to exercise their non-commercial customary rights to fisheries. These are:
- Taiapure
- Mataitai
- Rāhui
- Harvesting of kaimoana for customary purposes
Taiapure, mataitai and rāahui are all tools provided for in legislation. These tools allow Māori to be actively involved in the management of traditional fishing grounds. You can find out more about taiapure, mataitai and rahui at www.fish.govt.nz.
Customary fishing regulations
Until the North Island customary regulations have been put in place, Māori can use Regulation 27 of the Fisheries (Amateur Fishing) Regulations 1986 to harvest kaimoana for customary purposes.
Kaitiaki from local areas authorise and set the conditions for the harvesting of seafood for customary purposes (including events such as hui or tangi).
Eg. Size limits, methods of harvest, amount that can be taken.
The Ministry of Fisheries is currently reviewing Regulation 27. You can view Te Ohu Kaimoana’s submission here.
Providing for Customary Harvest for Hui and Tangi, 9 February 2005
(PDF - 84kb)
Customary Regulations
Kaitiaki from local areas authorize fishing for customary purposes and set out the bylaws that will apply to non-commercial fishing in a local area (i.e. Mataitai)
South Island iwi have regulations to manage the customary harvesting of marine and freshwater fisheries.
Fishing (South Island Customary Fishing) Regulations 1999,
North Island iwi are still working with Te Ohu and officials to include freshwater fisheries in the North Island regulations.
Fishing (Kaimoana Customary Fishing) Regulations 1998.
Submission toThe Department of Conservation on:
Domestic Trade in Whale Bone from Whales Stranded in NZ and a Framework for the role of Maori in the Management of Whale Strandings (PDF - 132kb)