Customary Regulations

1) These regulations may be cited as the fisheries (Kaimoana Customary Fishing) Regulations1998.

2) These regulations come into force on 1 February 1999.

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2. Interpretation

1) In these regulation, unless the context otherwise requires,-

"Chief executive" means, subject to any enactment, the chief executive for the time being of the Ministry that has, with the authority of the Prime Minister, assumed responsibility for the Fisheries Act 1996:

"Customary food gathering" means the traditional rights confirmed by the Treaty of Waitangi and the Treaty Waitangi (Fisheries Claims) Settlement Act 1992, being the tasking of fish, aquatic life, or seaweed or managing of fisheries resources, for a purpose authorised by Tangata Kaitiaki/Tiaki, including koha, to the extent that such purpose is consistent with Tikanga Māori and is neither commercial in any way nor for pecuniary gain or trade:

"Fisheries resources" means any 1 or more stocks or species of fish, aquatic life, or seaweed:

"Local community" means those persons-

(a) Who own any land in the proximity of a proposed mataitai reserve; or

(b) Who-

(i) Have a place of residence in the proximity of the proposed mataitai reserve; and

(ii) Have been in occupation for a cumulative period of no less than 3 months in the 3 consecutive years immediately preceding the date of application for that mataitai reserve:

"Māori" means a person of the Māori race of New Zealand; and includes a descendant of any such person:

"Mataitai reserve" means an identified traditional fishing ground established under regulations 23:

"Minister" means, subject to any enactment, any minister of the Crown who, under the authority of any warrant or with the authority of the Prime Minister, for that time being responsible for the Fisheries Act 1996:

"Ministry" means, subject to any enactment, the Ministry that has, with the authority of the Prime Minister, for the time being assumed responsibility for the Fisheries Act 1996:

"South Island fisheries waters" means the area shown on the Allocation Plan (S.O. 19902); and nothing in this definition limits of affects the meaning the term has in any context outside these regulations:

"Tangata Kaitiaki/Tiaki" means any person appointed as Tangata Kaitiaki/Tiaki under these regulations, being a member of the Tangata whenua or a tangata whenua organisation or their notified representative:

"Tangata whenua", in relation to a particular area, means the whanau, hapu, or iwi, being Māori, that hold manawhenua manamoana over that area:

"Working day" means any day except-

(a) A Saturday, a Sunday, Good Friday, Easter Monday, ANZAC Day, Labour Day the sovereign’s Birthday, and Waitangi Day; and

(b) A Day in the period commencing with 20 December in any year and ending with 15 January in the following year.

(2) A reference to a numbered form is a reference to the form so numbered in the schedule.

(3) Expressions not defined in these regulations but defined in the Fisheries Act 1983 or Fisheries Act 1996 have, in these regulations, the meanings defined in those Acts.

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(1) These regulations apply to the taking of fisheries resources for customary food gathering purposes from any New Zealand fisheries water except the South Island fisheries waters.

(2) These regulations apply to all fisheries resources managed under the Fisheries Act 1983 or the Fisheries Act 1996, or any regulation made under either or both of those Acts other than those fisheries resources which are taken in fresh water.

(3) Any persons exercising function, duties, or powers under these regulation must do so in accordance with provisions of Treaty of Waitangi (Fisheries Claims) Settlements Act 1992.

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(1) In the event of any inconsistency between these regulations and any other regulations made under the fisheries Act 1983 or the Fisheries Act 1996, these regulations prevail over such other regulations.

(2) Until the Minister confirms a Tangata Kaitiaki/Tiaki for an area/rohe moana in accordance with regulation 9 of these regulations, regulation 27 of the fisheries (Amateur Fishing) Regulation 1986 applies to the taking of fisheries resources for customary food gathering purposes from that area/rohe moana.

(3) Nothing in these regulations prevail over any emergency measures imposed under section 16 of the Fisheries Act 1996.

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(1) Tangata whenua may, in accordance with these regulation, manage customary food gathering within the area/rohe moana for which they are tangata whenua.

(2) Before tangata whenua begin the management of customary food gathering under these regulations, the tangata whenua must notify the Minister of the proposed Tangata Kaitiaki?Tiaki for that area/ rohe moana on form 1.

(3) The tangata whenua may also notify the Minister on form 1 of any words in the local dialect with meanings equivalent to the terms "customary food gathering", "Tangata Kaitiaki/Tiaki", "fisheries resources", or "mataitai reserve".

(4) If the notification in subclause (2) relates to a body of person, the notification must specify position within that body and the holders of those positions may issue authorisations under these regulation.

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On being notified of a proposed Tangata Kaitiaki/Tiaki under regulation 5, the Minister must, as soon as practicable but no later than 20 working days after the receipt of such a notification, publish the details of that notification at least twice an interval of not less than 5 working days between each publication, in a newspaper circulating in the locality of the proposed customary food gathering area/rohe moana.

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(1) Within 20 working days after the date of the second publication of a notification under regulation 6, any person referred to in subclause (2) may make a submission concerning the notification to the office of the Ministry closest to the locality of the proposed customary food gathering area/rohe moana.

(2) A person may make a submission under subclause (1) if the person is an authorised representative of-

(a) The Tangata whenua on whose behalf the notification is made; or

(b) The iwi, Runanga, tribal trust board, or other organisation representing the relevant iwi interest; or

(c) Any other whanau, hapu, or iwi claiming manawhenua manamoana in respect of customary food gathering in any part of the area/rohe moana for which the proposed Tangata Kaitiaki/Tiaki has been notified.

(3) The chief executive must provide to every tangata whenua that makes a notification under regulation 5 and to every person notified as Tangata Kaitiaki?Tiaki under regulation 5, a copy of every submission received and must make such submissions publicly available on request.

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(1) This regulation applies if the Minister considers that any submission referred to in regulation 7 (1) indicates a dispute regarding-

(a) Who are tangata whenua; or

(b) Who should be Tangata Kaitiaki/Tiaki; or

(c) The boundaries for the area/rohe moana concerned.

(2) If this regulation applies, the Minister must, as soon as practicable,-

(a) Notify the tangata whenua who made a notification under regulation 5, and any person who has made a submission, that this regulation applies; and

(b) Recommend that they agree on a dispute resolution process that is consistent with Tikanga Māori to resolve any dispute in respect of the proposed customary food gathering area/rohe moana.

3) Without limiting subclause (2), in resolving any dispute under that subclause, the parties may agree-

(a) To notify a Tangata Kaitiaki/Tiaki not previously notified in any notification of a customary food gathering area/rohe moana.

(b) To boundaries for the proposed customary food gathering area/rohe moana that differ from those contained in any notification of a customary food gathering area/rohe moana.

(4) If a dispute resolution process has been concluded and no agreement is reached on the notification in accordance with this regulation, the parties must refer the dispute to an authority agreed to between the parties for settlement of the dispute.

(5) As soon as practicable after the conclusion of the resolution process established under subclause (2)(b) or subclause (4), the tangata whenua who made the notification must advise the Minister in writing of-

(a) Who are tangata whenua; and

(b) The name of the Tangata Kaitiaki/Tiaki and

(c) The boundaries for the area/rohe moana concerned; and

(d) The resolution of any other dispute concerning the proposed customary food gathering.

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(1)The Minister must confirm the appointment of the person or persons notified as Tanagata Kaitiaki/Tiaki of the proposed customary food gathering area/rohe moana if the Minister is satisfied that-

(a) No submission in opposition to a notification or a competing notification for a general customary food gathering area/rohe moana has been received under regulation 7; or

(b) A Dispute resolution process has been concluded under regulation 8 and all disputes have been resolves through that process.

(2) As soon as reasonably practicable and in any case no later than 20 working days after the appointment of any Tanagata Kaitiaki/Tiaki under subclause (1), the Minister must cause to be published in a newspaper circulating in the locality of the proposed customary food gathering area/rohe moana; and in the Gazette, a notice-

(a) Confirming the appointment of the Tangata Kaitiaki/Tiaki; and

(b) Describing the boundaries of the area/rohe moana for which the Tangata Kaitiaki/Tiaki is to exercise any function under these regulations; and

(c) Confirming who are tangata whenua of the area /rohe moana to which the appointment of the Tangata Kaitiaki/Tiaki relates; and

(d) Notifying any local dialect words notified in accordance with regulation 5 (3).

(3) At any time during the illness or absence of any Tangata Kaitiaki?Tiaki or for any other temporary purpose, the Tangata Kaitiaki/Tiaki may, with the approval of, and for such period of time as agreed to by the tangata whenua that notified the Tangata Kaitiaki/Tiaki and with prior notification to the chief executive, delegate his or her powers under these regulations to any member of the tangata whenua of that particular customary food gathering area/rohe moana.

(4) Non-compliance with any time period specified in regulation 6 or this regulation does not prevent the Minister appointing a Tangata Kaitiaki/Tiaki.

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(1) The Minister must cancel the appointment of any Tangata Kaitiaki/Tiaki appointed under regulation 9 on receipt of a request writing from-

(a) The tangata whenua who notified the Tangata Kaitiaki/Tiaki who was confirmed in accordance with regulation 9 (2) (c); or

(b) The Tangata Kaitiaki/Tiaki of the area/rohe moana concerned.

(2) If the appointment of a Tangata Kaitiaki/Tiaki is cancelled in accordance with subclause (1), the Minister must appoint another Tangata Kaitiaki/Tiaki notified by the tangata whenua who notified the Tangata Kaitiaki/Tiaki who was confirmed in accordance with regulation 9 (2)(c).

(3) The chief executive must cause to be published in a newspaper circulating in the locality of the relevant customary food gathering area/rohe moana, and must notify in the Gazette-

(a) The cancellation of any appointment of a Tangata Kaitiaki/Tiaki under subclause (1); and

(b) The appointment of any new Tanagata Kaitiaki/Tiaki under subclause (2).

(4) A cancellation of an appointment notified under subclause (3) takes effect from a date to be specified in the Gazette notice.

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(1) A Tangata Kaitiaki/Tiaki appointment under these regulation may authorise any individuals, in accordance with this regulation, to take any fish, aquatic or seaweed for customary food gathering purposes from within the whole or part of the area/rohe moana, for which the Tangata Kaitiaki/Tiaki has been appointed.

(2) An Authorisation made under subclause (1) may require that the taking of fisheries resources is consistent with the tikanga of the tangata whenua of that customary food gathering area/rohe moana.

(3) No authorisation made under subclause (1) has any effect unless it has been made on form 2, and specifies-

(a) The date or dates that the species may be taken; and

(b) The persons who are authorised to take the species; and

(c) The species that may be taken; and

(d) The quantity of each species that may be taken; and

(e) Size limits relating to each species to be taken; and

(f) The method by which each species may be taken; and

(g) The area or areas in which the species may be taken; and

(h) The purpose for which the species may be taken; and

(i) The venue at which the catch may be used; and

(j) Any other matters concerning customary food gathering the Tangata Kaitiaki/Tiaki may reasonably specify, including instructions for the dispute of fish, aquatic life, or seaweed taken as an inevitable consequence of taking the fish, aquatic life, or seaweed to which the authorisation relates.

(4) Despite subclause (2), if the Tangata Kaitiaki/Tiaki and the chief executive agree to a process and form of authorisation other than that prescribed in subclause (2) (which may include, but is not restricted to, the granting of oral authorisation), that process and from and form of authorisation replaces that prescribed in subclause (2) from an agreed date and for the area/rohe mana described in regulation 9 (2) (b), and every authorisation made in that form has the same effect as an authorisation made made under subclause (1).

(5) Any authorisation granted under subclause (4) must specify the matters refereed to in paragraphs (a) to (j) of subclause (3).

(6) The holder of an authorisation granted under subclause (1) must produce it when reasonably requested to do so by a fishery officer.

(7) Any person to whom an authorisation is granted under subclause (4) must provide details which verify that authorisation when reasonably requested to do so by a fishery officer.

(8) A Tangata Kaitiaki/Tiaki must not accept payment of any kind in exchange for an authorisation.

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If a fishery officer has reasonable cause to suspect an offence has been committed against these regulations, on request by that fishery officer, every record of an authorisation granted under regulation 11 must be shown by the Tangata Kaitiaki/Tiaki who granted it to that officer.

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If on any fishing trip, a person takes fish, aquatic life, or seaweed for customary food gathering purposes under an authorisation under regulation 11 and also takes fish, aquatic life, or seaweed for commercial purposes under a fishing permit issued under the Fisheries Act 1983 or the Fisheries Act 1996, all fish, aquatic life, or seaweed taken on that trip for customary food gathering purposes must be treated as having been taken otherwise than under these regulations unless they are placed in separate, marked containers and are clearly identified as having been taken for customary food gathering purposes.

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Any Tangata Kaitiaki/Tiaki may provide input to and participate in the process of setting or varying sustainability measures, or developing management measures concerning the whole or any part of the area/rohe moana for which Tangata Kaitiaki/Tiaki has been appointed.

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(1) Within 1 month after the end of each quarter in each calendar year, a Tangata Kaitiaki/Tiaki, or such other person as agreed between the tangata whenua and the Minister under regulation 39, must provide, on form 3, for the sole purpose of setting or varying sustainability measures or developing management controls, a summary of information collected under regulation 35 and 36.

(2) The information in subclause (1) must be provided to the office of the Ministry closest to the customary food gathering area/rohe moana for which the Tangata Kaitiaki/Tiaki or agreed person has been appointed.

(3) In making any decision under section 21 of the fishery Act 1996, the minister must have regard to information provided under this regulation by any Tangata Kaitiaki/Tiaki under regulation 14.

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(1) Any Tangata Kaitiaki/Tiaki may prepare a management plan or strategy for the area/rohe moana for which that Tangata Kaitiaki/Tiaki has authority.

(2) When a plan is prepared by Tangata Kaitiaki/Tiaki and that plan is agreed to be authorised by the tangata whenua of the area/rohe moana for which the Tangata Kaitiaki/Tiaki was appointed, the plan-

(a) May be treated as a planning document recognised by an iwi authority for the purpose of the Resource Management Act 1991, if it meets the requirements of that Act:

(b) Must be taken into account by the Minister for the purposes of section 10(b) of the Treaty of Waitangi (Fisheries Claims) Settlement Act 1992.

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Any Tangata Kaitiaki/Tiaki may nominate any person to the chief executive to be appointed as an honorary officer under the Fisheries Act 1996.

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(1) The persons referred to in subclause (3) may apply to the Minister from time to time, on form 4, for a mataitai reserve in respect of any part of the area/rohe moana for which they are the tangata whenua or Tangata Kaitiaki/Tiaki.

(2) The application must include the name of the person or persons being notified as the Tangata Kaitiaki/Tiaki for the mataitai reserve.

(3) The persons who may apply under subclause (1) are-

(a) The tangata whenua who notified the Tangata Kaitiaki/Tiaki confirmed under regulation 9(2)(c);or

(b) The Tangata Kaitiaki/Tiaki appointed under regulation 9.

(4) Where the notification in subclause (1) relates to a body of persons the application must specify the positions within that body the holders of which may issue authorisations under these regulations.

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(1) No later than 20 working days after receipt of any application under regulation 18, the Minister must cause notice of the application to be published at least twice, with an interval of not less than 5 working days between each publication, in a newspaper circulating in the locality of the proposed mataitai reserve.

(2) The notice must invite written submissions to be made by the local community, and must allow a minimum of 20 working days for such submissions to be made.

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(1) As soon as reasonably practicable, and in any case no later than 20 working days after the closing date for receiving submissions under regulation 19, the Minister must cause notice of a meeting to be published at least twice with an interval of not less than 5 working days between each publication, in a circulating in the locality of the proposed mataitai reserve.

(2) The Minister and the tangata whenua applying for the proposed mataitai reserve must together consult with the local community at the meeting.

(3) After consulting with the local community, the tangata whenua may amend an application made under regulation 18, and advise the Minister of any amendments to the application.

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(1) The Minister must, as soon as practicable after completion of the requirements of regulation 20 (2) or regulation 20 (3), as the case may be, notify the details of the application for a mataitai reserve in a newspaper circulating in the locality of that proposed reserve.

(2) The public notification in subclause (1) must invite written submissions to be made within a time specified in the notice (such time being no less than 20 working days after the date of notice) by persons having a fishing interest in the stock or stocks in the area specified in the application.

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As soon as practicable after submissions have been made in accordance with regulation 21, the Minister must-

(a) Advise the tangata whenua of any submissions; and

(b) Discuss with the tangata whenua any conditions on the mataitai reserve that the Minister considers may be necessary to address issues raised by those submissions.

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(1) Subject to regulations 20, 21, and 22m the Minister must, by notice in the Gazette, declare an area to be a mataitai reserve if satisfied that-

(a) There is a special relationship between tangata whenua making the application and the proposed mataitai reserve; and

(b) The general aims of management specified on the application under regulation 18 are consistent with the sustainable utilisation of the fishery to which the application applies; and

(c) The proposed mataitai reserve is an identified traditional fishing ground and is of a size appropriate to effective management by tangata whenua; and

(d) The Minister and the tangata whenua are able to agree on suitable conditions (if any) to address issues by submissions, for the proposed mataitai reserve; and

(e) The mataitai reserve will not-

(i) Unreasonably affect the ability of the local community to take fish, or aquatic life, or seaweed for non-commercial purposes; or

(ii) Prevent persons with a commercial interest in a species taking their quota entitlement or annual catch entitlement (where applicable) within the quota management area for that species; or

(iii) Unreasonably prevent persons with a commercial fishing permit for a non-quota management species exercising their right to take fisheries resources under their permit within the area for which the permit has been issued; or

(iv) Unreasonably prevent persons taking fish, aquatic life, or seaweed for non-commercial purposes within the fisheries management area or quota management area to which the mataitai reserve relates to; and

(f) The proposed mataitai reserve is not a marine reserve under the Marine Reserve Act 1971.

(2) If the Minister considers that an application for a mataitai reserve under regulation 18 dose not meet 1 or more of the criteria in subclause (1), the Minister must decline the application as soon as reasonably practicable and, in any case no later than 30 working days after the date of the Minister decision to decline the applicatio, the Minister must notify the applicant in writing of the decision and the reasons for the decision.

(3) If the Minister declares a mataitai reserve under subclause (1), the Minister must cause an appropriate notice to be published in the Gazette as soon as possible.

(4) Non-compliance with any time period in regulation 19, or regulation 20, or regulation 21 does not prevent the Minister declaring a mataitai reserve in accordance with this regulation.

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(1) The Minister must appoint the Tangata Kaitiaki/Tiaki notified on the approved form under regulation 18 for the mataitai reserve declared under regulation 23.

(2) At any time during the illness or absence of any Tangata Kaitiaki/Tiaki or for any other temporary purpose, the Tangata Kaitiaki/Tiaki may, with the approval of and for such a period of time as agreed to by the tangata whenua who notified the Tangata Kaitiaki/Tiaki under regulation 18(2) and on prior notification to the chief executive, delegate his or her powers under these regulations to any member of the tangata whenua of that particular mataitai reserve.

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(1) As soon as reasonably practicable, and in any case no later than 20 working days after the appointment of a Tangata Kaitiaki/Tiaki for a mataitai reserve under regulation 23, the chief executive must cause to be published in a newspaper circulating in the locality of the mataitai reserve, and in the Gazette, a notice-

(a) Stating that the mataitai reserve has been declared under regulation 23; and

(b) Describing the boundaries of the reserve; and

(c) Naming the Tangata Kaitiaki/Tiaki; and

(d) Specifying conditions agreed for the mataitai reserve.

(2) The declaration of a mataitai reserve under regulation 23 and appointment of Tangata Kaitiaki/Tiaki is cancelled under subclause (1), the Minister must appoint another Tangata Kaitiaki/Tiaki notified by the tangata whenua who made the notification of the Tangata Kaitiaki/Tiaki.

(3) The chief executive must cause to be published in a newspaper circulating in the locality of the relevant customary food gathering area/rohe moana, and in the Gazette, a notice of-

(a) The cancellation of the appointment of a Tangata Kaitiaki/Tiaki; and

(b) The appointment of new Tangata Kaitiaki/Tiaki.

(4) The cancellation or appointment takes effect from a date to be specified in the Gazette notice under subclause (3).

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(1) Subject to this regulation, the Minister must cancel the appointment of any Tangata Kaitiaki/Tiaki in respect of a mataitai reserve on receipt of a request in writing from-

(a) The tangata whenua who notified the Tangata Kaitiaki/Tiaki to the Minister under regulation 18; or

(b) The Tangata Kaitiaki/Tiaki of the mataitai reserve concerned.

(2) If the appointment of a Tangata Kaitiaki/Tiaki is cancelled under subclause (1), the Minister must appoint another Tangata Kaitiaki/Tiaki notified by the tangata whenua who made the notification of the Tangata Kaitiaki/Tiaki.

(3) The Chief executive must cause to be published in a newspaper circulating in the locality of the relevant customary food gathering area/rohe moana, and in the Gazette, a notice of-

(a) The cancellation of the appointment of Tangata Kaitiaki/Tiaki; and

(b) The appointment of a new Tangata Kaitiaki/Tiaki.

(4) The cancellation or appoint takes effect from a date to be specified in the Gazette notice under subclause (3).

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(1) Subject to this regulation and to regulation 28 to 32, the fisheries (Amateur Fishing) Regulations 1986 and regulation 11 of these regulation apply to fishing in a mataitai reserve .

(2) No person may engage in commerical fishing in a mataitai reserve.

(3) Despite subclause (2), the Tangata Kaitiaki/Tiaki of the mataitai reserve may request the Minister to recommend the making of regulations to allow the commerical taking of specified species of fisheries resources by quanity or time period within that mataitai reserve.

(4) On receipt of a request from the Tangata Kaitiaki/Tiaki made under subclause (3), the Minister may recommend to the Governer-General the making of regulations under section 186 and section 297 of the fisheries Act 1996 to provide for commerical fishing in that mattaitai reserve for such species of fisheries resources in such quantites and for such time as may be requested under subclause (3).

(5) If regulations of the kind reffered to in subclause (3) are made, such comerrcial fishing must be conducted in accdance with the provisions of the fisheries Act 1996 and the relevant commercial fishing regulations applying under that Act.

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(1) The Tangata Kaitiaki/Tiaki of a mataitai reserve may make bylaws restricting or prohibiting the taking of fisheries resources from within the whole or any part of a mataitai reserve for any purpose that the Tangata Kiatiaki/Tiaki considers necessary for the sustainable utilisation of the fisheries resources in that mataitai reserve.

(2) Bylaws made under this regulation may impose restrictions or prohibitons relatings to all or any of the following matters:

(a) The species of fish, aquatic life, or seaweed that may be taken:

(b) The quanitty of each species that may be taken:

(c) Size limits relating to each species to be taken:

(d) The method by which each species may be taken:

(e) The area or areas in which each species may be taken:

(f) Any other matters the Tangata Kaitiaki/Tiaki considers necessary for the sustainable utilisation of fisheries resources in that mataitai reserve.

(3) Bylaws made under this regulation apply generally to all persons fishing in the mataitai reserve.

(4) Bylaws made under this regulation must be deposited with the office of the Ministry nearest the mataitai reserve and also at a place designated by the chief executive, that must be open during office hours for the inspection of, and for the purposes of receiving submissions from, the public for at least 15 working days immediately before the date on which the restriction or prohibition is notified to the Minister under regulation 29.

(5) The chief executive must notify in a newspaper circulating in the locality of the mataitai reserve the fact that a bylaw had been deposited under subclause (4), in light of any submission received, and need not deposit the amended bylaw with the Ministry before notifying the Minister of that restriction or prohibition under regulation 29.

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(1) On the making of a bylaw under regulation 28 restricting or prohibiting the taking of fisheries resources within a mataitai reserve, and after amending the bylaw under regulation 28 (7) (if required), the Tangata Kaitiaki/Tiaki must notify the Minister of the proposed bylaw by sending to the Minister a copy of that bylaw and-

(a) A statement of the reasons why the Tangata Kaitiaki/Tiaki considers the proposed restriction or prohibition necessary or desirable for the sustainable utilisation of fisheries resources in that mataitai reserve; and

(b) A statement that the proposed bylaw has been deposited with the Ministry in accordance with regulation 28; and

(c) A starement of the reasons why the proposed bylaws is consistent with the aims of management specified in the application under regulation 18 and with any conditions agreed to in accrodance with regulation 23 (1) (d)

(2) On receipt of any notification under subclause (1), the Minister Must decide, as soon as practicable and in any case no latter than 40 working days after making of the bylaw and after taking into account the statement made in accordance with subclause (1), whether or not to approve the bylaw.

(3) Non-compliance with any time period specified in regulation 28 or in this regulation does not prevent the Minister approving a bylaw in accordance with this regulation.

(4) On approving the imposition of a bylaw in a mataitai reserve under subclause (2), the Minister must, as soon as practicable after approving such a bylaw, publish the approved bylaw in the Gazette.

(5) On rejecting the imposition of a bylaw in a mataitai reserve under subclause (2), the Minister must notify the Tangata Kaitiaki/Taiki of his or her decision.

(6) Any bylaw approved under this regulation takes effect from a date specified in the approved bylaw published in the Gazette.

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Subject to regulation 11, the Tangata Kaitiaki/Tiaki for a mataitai reserve may authorise the taking of fisheries resources to continue for the purpose of sustaining the functions of a marae, despite any bylaw applying under these regulations.

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No person may fish from any New Zealand fishing vessel in a mataitai reserve for the purpose sustaining the function of a marae unless expressly authorise to do so by a Tangata Kaitiaki/Tiaki under regulation 30.

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Subject to regulation 11, any Tangata Kaitiaki/Tiaki for a mataitai reserve may authorise any person to take fisheries resources from any area within that mataitai reserve and to release those fisheries resources within another part of that mataitai reserve, for the purpose of enchancing the stock or stocks, despite any bylaw applying under these regulations.

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The Minister must provide to any Tangata Kaitiaki/Tiaki such information and assistance as may be necessary for the proper administration of these regualtion and do so in accrdance with section 10 of the Treaty of Waitangi (fisheries Claims) settlement Act 1992.

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(1) This regulation applies if the Minister considers, after consulting with the tangata whenua and the Tangata Kaitiaki/Tiaki, that , for the purposes of these regulations in accrodance with Tikanga Māori-

(a) The general customary food gathering area/rohe moana is not being managed in a manner consistent with sustainable utilisation of the fisheries resources in that area; or

(b) The management of any mataitai reserve will adversely affect the sustainable utilisation of fisheries resources in that mataitai reserve; or

(c) The management of any mataitai reserve is not in accordance with any conditions agreed by the Minister and the tangata whenua under regulations 23; or

(d) The management of any mataitai reserve is significantly different from the aims specified in the approved form under regulation 18 for managing the mataitai reserve; or

(e) The requirements under regulation 35, 36, 38, and 39 are not being met by the Tangata Kaitiaki/Tiaki; or

(f) A Tangata Kaitiaki/Tiaki is acting in contravention of their authority under these regulations.

(2) If this regulation applies, the Minister must provide such advice and assistance as he or she considers necessary to enable the Tangata Kaitiaki/Tiaki to remedy the matters forming the basis of the Minister’s concerns.

(3) If, after consultation with the tangata wwhenua, the Minister considera that a Tangata Kaitiaki/Tiaki is unable or unwilling to implement any advice or assistance provide under subclause (2), the Minister and the tangata whenua must, as soon as reasonably practicable, and in any case no longer than 60 working days after the commencement of consultation by the Minister,-

(a) Develop a management stratgey to sustainably manage the customary food gathering area/rohe moana; and

(b) Assess whether any existing bylaws are inconsistent with the management strategy.

(4) After developing a management strategy or after assessing whether existing bylaws are consistent with that strategy, the Minister may-

(a) Cancel or amend, by notice in the Gazette, any inconsistent bylaws; and

(b) Require the Tangata Kaitiaki/Tiaki, by notice in writing, to observe the management strategy until such time as the Minister, after consultation with the tangata whenua, is satisfied that any fisheries resource are being magaged in accordance with the principles of sustainable utilisation of those fisheries resrouces.

(5) If the Minister require the tangata Kaitiki/Tiaki to observe a mangement strategy under subclause (3), no restrictiona or prohibition or bylaws may be made under regulation 28 that are inconsistent with that management strategy.

(6) If any Tangata Kaitiaki/Tiaki fails to follow a management strategy provided under subclause (3), the Minister must, by notice in the Gazette, notify the tangata whenua reffered to in subclause (3) (a), and may cancel the appointment of that Tangata Kaitiaki/Tiaki.

(7) If the appointment of a Tangata Kaitiaki/Tiaki is cancelled under subclause (6)

(a) That person is not eligbible for reappointment for a period of up to 5 years after the date of cancellation without the Minister’s approval; and

(b) The Minister must, within 60 working days after the date of the notification in the Gazette under subclause (6), appoint another Tangata Kaitiaki/Tiaki notified by the tangata whenua who made the notification of the Tangata Kaitiaki/Tiaki appointed under regulation 24.

(8) The chief executive must cause to be published in a newspaper circulating in the locality of the relevant customary food gathering area/rohe moana or mataitai reserve, and in the Gazette, a notice of-

(a) The cancellation of any appointment of a Tangata Kaitiaki/Tiaki under subclause (6); and

(b) The appointment of any new Tangata Kaitiaki/Tiaki under subclause (7)

(9) A cancellation or appointment notified under subclause (7) takes effect from a dtae to be specified in the Gazette notice under that subclause.

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Every Tangata Kaitiaki/Tiaki appointed under these regulations must be keep accurate records of every authorisation granted, and the records must specify full particulars of that authorised.

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Every Tangata Kaitiaki/Tiaki appointed under these regulations must keep accurate records of the species and quantities of fisheries resources taken by those persons authorised under these regulations to take fish, aquatic life, or seaweed, as advised by those persons under regulation 38.

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(1) Persons authorised under these regulations to take fish, aquatic life, or seaweed, except those authorised under regulation 11 (4), must hold in their possession proof of the authorisation when fishing under the authorisation.

(2) Persons authorised under regulation 11 (4) to take fish, aquatic life, or seaweed must have in their possession details which verify that the authorisation given in accordance with regulation 11 (4) when fishing under the alternate authorisation.

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(1) Any person authorised under these regulations to take fish, aquatic life, or seaweed must advise the Tangata Kaitiaki/Tiaki of the species and quantity taken under that authorisation no later than 5 working days after the taking of those species.

(2) Any person authorised under these regulations to take fish, aquatic life, or seaweed must advise the Tangata Kaitiaki/Tiaki as soon as practicable of any other species and quantities of such species taken as a result of the lawful taking of the fish, aquatic life, or seaweed authorised.

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(1) On the last day of January, March, June and September in every calendar year, every Tangata Kaitiaki/Tiaki appointed under these regulations must provide to such person, as is agreed between the tangata whenua and the Ministry, copies of every record kept by the Tangata Kaitiaki/Tiaki under regulation 25 and 36 during the preceding 3 months.

(2) Fishery offices may have access to the records referred in subclause (1) for general compliance purposes, provided agreement is reached with the Tangata Kaitiaki/Tiaki for such access.

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(1) The Tangata Kaitiaki/Tiaki must , no later than 31 March in each year, hold a meeting with the tangata whenua and must at that meeting report on-

(a) The administration of these regulations by the Tangata Kaitiaki/Tiaki within the customary food gathering area/rohe moana; and

(b) The number of authorisations granted for the period, including those granted for the purposes of sustaining the functions of the marae, and the species and quantities of each species for which authorisations were granted; and

(c) Any restrictions or prohibitions in force for that period; and

(d) The number of mataitai reserves and other places of customary food gathering importance in the area/rohe moana of the tangata whenua; and

(e) Any other matters relevant to the effective management of customary food gathering by the Tangata Kaitiaki/Tiaki.

(2) The Tangata Kaitiaki/Tiaki must publicly notify the date of every meeting to be held under subclause (1)

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A person commits an offence against these regulations if the person that’s fish, aquatic life, or seaweed in circumstances to which these regulations apply, whether from a New Zealand fishing vessel or otherwise, unless-

(a) Either-

(i) That person has been authorised, and is in possession of an authorisation, to take fish, aquatic life, or seaweed, which authorisation has been granted by a Tangata Kaitiaki/Tiaki under regulation 11; or

(ii) That person has been authorised , and is in possession of an authorisation, to take fish, aquatic life, or seaweed within the whole or any part of the mataitai reserve for the purpose of sustaining the functions of a marae, which authorisation has been granted by a Tangata Kaitiaki/Tiaki under regulation 30; and

(b) That taking is consistent with the authority granted under regulation 11 or regulation 30.

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A person commits an offence against these regulations if the person is in possession of fish, aquatic, or seaweed in circumstances to which these regulations apply, unless-

(a) Those fish, aquatic life, or seaweed were taken under an authorisation to take fisheries resources granted by a Tangata Kaitiaki/Tiaki under regulation 11; or

(b) Those fish, aquatic life, or seaweed were taken under an authorisation to take fisheries resources granted by a Tangata Kaitiaki/Tiaki under regulation 30.

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A person commits offence against these regulations if, otherwise than in accordance with these regulations, the person alters in any way authorisation granted under these regulations. 

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A person commits an offence against these regulations if the person breaches any bylaws notified under regulation 29.

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It is a defence in any proceeding where any person took fish, aquatic life, or seaweed contray to these regulations or to any authority given under these regulations, if the person can show that-

(a) The fish, aquatic life, or seaweed were taken as an inevitable consequence of the lawful taking of other fisheries resources; and

(b) The defendant took reasonable precautions and exercised due diligence to avoid the contravention; and

(c) The defendant advised the Tangata Kaitiaki/Tiaki in writing as soon as practicable after the fish, aquatic life, or seaweed were taken as an inevitable consequence of the lawful taking of other fish, aquatic life, or seaweed; and

(d) The defendant disposed of the fish, aquatic life, or seaweed taken as an inevitable consequence of the lawful taking of other fish, aquatic life, or seaweed in accordance with any direction from the Tangata Kaitiaki/Tiaki.

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A person who commits an offence against these regulations is liable as follows:

(a) On the first occasion on which the person is convicted of any such offence or more than 1 such offence, the person is liable, in respect of that offence or (as the case may be) each of those offence, to a fine not exceeding $5,000:

(b) On every occasion, other than the occasion referred to in paragraph (a), on which the person is convicted of any such offence or more than 1 such offence, the person is liable, in respect of that offence or ( as the case may be) each of those offence, to a fine not exceeding $10,000.

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