Legislation & policy

1. Title and commencement
2. Interpretation
3. Application of regulation and Treaty of Waitangi     Fisheries Claims) Settlement Act 1992
4. Relationship between these and other     regulations
5. Notification
6. Public notice
7. Submissions
8. Dispute Resolution
9. Confirmation of Tangata Tiaki/Kaitiaki
10. Cancellation of appointment
11. Power to authorise taking of fisheries resources       for customary food gathering
12. Record of authorisation to be shown to fishery       officer
13. Commercial Fishing and customary fishing on       same trip
14. Sustainability measures
15. Information provided
16. Iwi planning document
17. Application for mataitai reserves
18. Notification of application
19. Consultation
20. Declaration of application
21. Appointment of Tangata Tiaki/Kaitiaki for       mataitai reserve
22. Notification of mataitai reserve and Tangata       Tiaki/Kaitiaki
23. Cancellation of appointment
24. Fishing in a mataitai reserve

25. Power to restrict or prohibit fishing in mataitai       reserve
26. Notification of restriction or prohibition
27. Power to authorise fishing for function of marae
28. Fishing from registered commercial vessels for
     customary food gathering purposes
29. Enhancement of fish stocks
30. Minister’s powers concerning management by       Tangata Tiaki/ Kaitiaki
31. Cancellation of appointment of Tangata       Tiaki/Kaitiaki
32. Records of authorisation
33. Records of fish, aquatic life, and seaweed taken
34. Authorisation to be held
35. Reporting
36. Notification
37. Tangata Tiaki/Kaitiaki to meet and inform       tangata whenua
38. Assistance to Tangata Tiaki/Kaitiaki
39. Taking of fisheries resources without       authorisation prohibited
40. Possessing fisheries resources taken without       approval or authorisation    prohibited
41. Defence available if unauthorised catch taken       as inevitable consequence
42. Altering authorisation an offence
43. Breach of bylaws is offence
44. Penalties
45. Revocation
46. Saving

These regulations may be cited as the fisheries (South Island Customary Fisheries) Reglations 1999.

(2) These regulations come into force on the 28th day after the date of their notification in the Gazette.

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(1) In these regulations, 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 of Waitangi (Fisheries Claims) Settlement Act 1992, which include, in this context, the right to take, the right to manage, fisheries resources for a purpose authorised by Tangata Taiki/Kaitiaki, including koha, to the extent that such purpose in consistent with tikanga Māori and is neither commercial in any way nor for pecuniary gain or trade; and "Customary food gathering area/rohe moana" and "area/rohe moana" have a corresponding meaning:

"Local community" means those persons-

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

(b) Who-

(i) Have a place of residence in the proximity of a proposed mattaitai 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 the application for that mataitai reserve:

"Mataitai reserve" means an identified traditional fishing ground established as a mataitai reserve under regulation 20:

"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, is for the time being responsible for the administration of these regulations:

"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 administration of these regulations:

"South Island fisheries waters" means that part of New Zealand fisheries water shown on Allocation Plan NT 506 (S.O. 19902); and nothing in this definition limits or affect s the meaning the term has in any context outside these regulations:

"Tangata Taiki/Kaitiaki means any person or persons appointed as Tangata Taiki/Kaitiaki under these regulations who are members of the tangata whenua, or of any tangata whenua organisation or their nominated representatives:

"Tangata whenua", in relation to a particular area, means-

(a) The whanau or hapu of Ngai Tahu Whanui thtat hold manawhenua manamoana over that area are represented by Te Runanga o Ngai Tahu; or

(b) The whanau, hapu, or iwi that hold manawhenua manamoana over that area and are represented by-

(i) Ngati Apa Ki Te Waipounamu Trust; or

(ii) Ngati Koata No Rangitoto Ki Te Tonga Trust; or

(iii) Ngati Rarua Iwi Trust; or

(iv) Ngati Tama Manawhenua Ki Te Tau Ihu Trust; or

(v) Ngati Toa Rangatira Manawhenua Ki Te Tau Ihu Trust; or

(vi) Te Atiawa Manawhenua Ki Te Tau Ihu Trust; or

(vii) Te Runanga A Rangitane O Wairau; or

(viii) Te Runanga O Ngati Kuia Trust:

"Working day" means any day except-

(a) Saturday, 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 regulation but defined in the Fisheries Act 1996 have, in these regulations, the meaning defined in that Act.

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(1) These regulations apply to the taking of fish, aquatic life, or seaweed for customary food gathering purposes from any South Island fisheries waters.

(2) These regulations apply only in respect of fisheries resources managed under the Fisheries Act 1983, the Fisheries Act 1996, or any regulation made under either or both of those Acts.

(3) Any person exercising functions, duties, or powers under these regulations must do so in accordance with the provisions of the Treaty of Waitangi (Fisheries Claims) Settlement Act 1992.

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

(2) Until the Minister confirms a Tangata Taiki/Kaitiaki for a customary food gathering 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 fish, aquatic life, or seaweed for customary food gathering purposes from that customary food gathering area/rohe moana.

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

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

(2) Before the tangata whenua begin the management of customary food gathering under these regulations, the tangata whenua must notify the Minister, in form 1, of the nominated Tangata Taiki/Kaitiaki and the customary food gathering area/rohe moana for which they hold management responsibility.

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On being notified of a proposed Tangata Taiki/Kaitiaki under regulation 5, the Minister, as soon as practicable but cause the details of that notification 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 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 nearest the locality of the proposed customary food gathering area/rohe moana.

(2) A person may make a submission under subclause (1) if the person belongs to-

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

(b) The Runanga, or other organisation representing the relevant iwi interests; or

(c) Any marae, hapu, or iwi claiming manawhenua manamoana in respect of customary food gathering area/rohe moana for which the proposed Tangata Taiki/Kaitiaki has been nominated.

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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 Taiki/Kaitiaki; or

(c) The boundaries of the area of management responsibility 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 referred to in subclause (1)

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

(a) To nominate a Tangata Taiki/Kaitiaki not previously nominated in any notification of a customary food gathering area/rohe moana:

(b) To boundaries of 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 concluding 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 under regulation 5 must advise the Minister in writing of-

(a) Who are tangata whenua; and

(b) The name of the Tangata Tiaki/Kaitiaki 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 Tangata Tiaki/Kaitiaki 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 Tiaki/Kaitiakiis to exercise any function under these regulations.

(3) A Tangata Tiaki/Kaitiaki may be appointed for up to 5 years and confirmation of the appointment takes effect on a date to be specified in the Gazette notice under subclause (2).

(4) At any time during the illness or absence of any Tangata Tiaki/Kaitiaki or for any other temporary purpose, the Tangata Tiaki/Kaitiaki may, with the approval of, and for such period of time as agreed to by, the relevant tangata whenua under regulation 5 or regulation 8, and with prior notification to the cheif executive, delegate his or her power under these regulations to any member of the tangata whenua of the customary food gathering area/rohe moana concerned.

(5) If , on or before the expiration of the appointment of any Tangata Tiaki/Kaitiaki, the relevant tangata whenua under regulation 5 or regulation 8 advise the Minister that they wish to nominate the person confirmed for a further appointment, the Minister must appoint that person for a further 5 years.

(6) Unless subclause (5) applies, at the end of the appointment period the Minister must seek new nominations from relevant tangata whenua under regulation 5 or regulation 8.

(7) Non-compliance with any time period specified in any of regulations 6 to 8, or this regulation, does not prevent the Minister appointing a Tangata Tiaki/Kaitiaki.

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

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

(b) The Tangata Tiaki/Kaitiakiof the customary food gathering area/rohe moana concerned.

(2) If the appointment of a Tangata Tiaki/Kaitiakiis cancelled under subclause (1) or upon the death of a Tangata Kaitiaki/Tiaki, the Minister must appoint another Tangata Tiaki/Kaitiaki nominated by the tangata whenua who made the original nomination of a Tangata Tiaki/Kaitiaki.

(3) The Minister 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 Tiaki/Kaitiakiunder 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 Tiaki/Kaitiakiappointment under these regulation may authorise any individuals, in accordance with this regulation, to take any fish, aquatic life or seaweed for customary food gathering purposes from within the whole or part of the customary food gathering area/rohe moana concerned.

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

(a) The persons who are authorised to take the species covered by the authorisation; and

(b) The species that may be taken; and

(c) The date or dates that the species 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 Tiaki/Kaitiakimay reasonably specify.

(3) Despite subclause (2), if the Tangata Tiaki/Kaitiaki and the chief executive agree to a process and form of authorisation other than that referred to in subclause (2) (which other process and form may include without limitation, the granting of oral authorisation), that process and from and form of authorisation replaces that process and form referred to in subclause (2) from an agreed date, and every authorisation made in that agreed form has the same effect as an authorisation referred to in subclause (2).

(4) Any authorisation granted under subclause (3) must specify the matters refereed to in paragraphs (a) to (j) of subclause (2).

(5) The holder of an authorisation granted under this regulation must produce it, or provide details which verify it when reasonably requested to do so by a fishery officer.

(6) A person who takes fish, aquatic life, or seaweed under an authorisation given under these regulations must, no latter than 5 working days after the taking of those fish, aquatic life, or seaweed, advise the Tangata Tiaki/Kaitiaki of the species and quantity taken under that authorisation.

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If a fishery officer has reasonable cause to suspect an offence has been committed against these regulations,-

(a) Any fishery officer may request the relevant Tangata Tiaki/Kaitiaki who granted the relevant authorisation to produce the records concerning the authorisation to which the suspected offence relates; and

(b) The Tangata Tiaki/Kaitiaki must produce the records when requested to do so by a fishery officer.

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(1) Subclause (2) applies if, on any fishing trip a person-

(a) Takes fish, aquatic life, or seaweed for customary food gathering purposes under an authorisation granted by a Tangata Tiaki/Kaitiaki; and

(b) Takes fish, aquatic life, or seaweed for commercial purposes under a fishing permit issued under the Fisheries Act 1983 or the Fisheries Act 1996.

(c) 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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A Tangata Tiaki/Kaitiakimay 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 customary food gathering area/rohe concerned.

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(1) Within 1 month after the end of each quarter in each calendar year, a Tangata Tiaki/Kaitiaki , or such other person as agreed between the tangata whenua and the Minister under regulation 35, 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 32 and 33.

(2) The information referred to in subclause (1) must be provided to the office of the Ministry nearest the customary food gathering area/rohe moana concerned.

(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 Tiaki/Kaitiaki under regulation 14.

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(1) Any Tangata Tiaki/Kaitiaki may prepare a management plan or strategy for any part of the customary food gathering area/rohe concerned.

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

(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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(1) The persons referred to in subclause (3) may from time to time apply to the Minister, in 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 Tiaki/Kaitiaki.

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

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

(a) The nominating tangata whenua under regulation 5:

(b) The nominating tangata whenua under regulation 8:

(b) The Tangata Tiaki/Kaitiaki whose appointment is confirmed 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 17, 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 18, 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 17, and advise the Minister of any amendments to the application.

(4) As soon as practicable after consultation with the local community under subclause (2) or on being advised of an amended application under subclause (3) ( as the case may be), the Minister must give notice in accordance with subclause (5)

(5) The notice referred to in subclause (4) must be published in a newspaper circulating in the locality of the proposed mataitai reserve, and-

(a) Set out details of the application for a mataitai reserve; and

(b) Invite written submissions about the fish stocks in the area specified in the application from persons who take fish, aquatic life, or seaweed or own quota, and whose ability to take such fish, aquatic life, or seaweed or whose ownership interest in quota may be affected by the proposed mattaitai reserve; and

(c) Allow a minimum of 20 working days for such submissions to be made

(6) As soon as practicable after submissions have been made in accordance with subclause (5), the Minister must-

(a) Advise the tangata whenua or the applicant under regulation 17 of the submissions; and

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

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(1) Subject to regulation 19, 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 17 are consistent with the sustainable management of the fishery to which the application relates; 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 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) Prevent persons with a commercial fishing permit for a non-quota management species taking fish, aquatic life, or seaweed under their permit within the area for which the permit has been issued; or

(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 17 dose not meet 1 or more of the criteria as set out 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 applicant, the Minister must notify the applicant in writing of that fact and state the reasons for declining

(3) Non-compliance with any time period in regulation 18, or regulation 19 does not prevent the Minister declaring a mataitai reserve in accordance with this regulation.

(4) 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.

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(1) The Minister must appoint the Tangata Tiaki/Kaitiaki nominated on the approved form under regulation 17 for the corresponding mataitai reserve declared under regulation 20.

(2) At any time during the illness or absence of any Tangata Tiaki/Kaitiaki or for any other temporary purpose, the Tangata Tiaki/Kaitiaki may, with the approval of and for such a period of time as agreed to by the tangata whenua who notified the Tangata Tiaki/Kaitiaki under regulation 17 (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 the customary food gathering area/rohe moana concerned.

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(1)As soon as practicable, and in any case no later than 20 working days, after the appointment of a Tangata Tiaki/Kaitiaki for a mataitai reserve under regulation 21, 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 20; and

(b) Describing the boundaries of the reserve; and

(c) Naming the Tangata Tiaki/Kaitiaki

(2) The declaration of a mataitai reserve under regulation 20 and appointment of Tangata Tiaki/Kaitiaki under regulation 21 takes effect on a date to be specified in the Gazette notice under this regulation.

(3) If, on or before the end of a persons appointment as a Tangata Tiaki/Kaitiaki, the relevant tangata whenua under regulation 5 or regulation 8 advise the Minister that they wish to nominate that person for a further appointment, the Minister must appoint that person for a further period of up to 5 years.

(4) Unless subclause (3) applies, at the end of a person’s appointment as a Tangata Tiaki/Kaitiaki , the Minister must seek new nominations from the relevant tangata whenua under regulation 5 or regulation 8.

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

(a) The tangata whenua who nominated the Tangata Tiaki/Kaitiaki to the Minister under regulation 17; or

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

(2) If the appointment of a Tangata Tiaki/Kaitiaki is cancelled under subclause (1), or upon death of a Tangata Tiaki/Kaitiaki, the Minister must appoint another Tangata Tiaki/Kaitiaki nominated by the tangata whenua who made the original proposal for a Tangata Tiaki/Kaitiaki .

(3) The Minister must cause to be published in a newspaper circulating in the locality of the area/rohe moana concerned , and in the Gazette, a notice of-

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

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

(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 25 to 29, regulation 11 and the fisheries (Amateur Fishing) Regulations 1986 apply to fishing in a mataitai reserve .

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

(3) Despite subclause (2), the Tangata Tiaki/Kaitiaki of the mataitai reserve may request the Minister to recommend the making of regulations to allow the commercial taking of specified species of fish, aquatic life, or seaweed by quantity or time period within that mataitai reserve.

(4) On receipt of a request from the Tangata Tiaki/Kaitiakimade under subclause (3), the Minister may recommend to the Governor-General the making of regulations under part XVI of the fisheries Act 1996 to provide for commercial fishing in that mataitai reserve for such species of fish, aquatic life, or seaweed in such quantities and for such time as may be requested under subclause (3).

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

(1) The Tangata Tiaki/Kaitiaki of a mataitai reserve may make bylaws restricting or prohibiting the taking of fish, aquatic life, or seaweed from within the whole or any part of a mataitai reserve for any purpose that the Tangata Tiaki/Kaitiaki considers necessary for the sustainable management of fish, aquatic life, or seaweed in that mataitai reserve.

(2) Bylaws made under this regulation may impose restrictions or prohibitions 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 Tiaki/Kaitiaki considers necessary for the sustainable management of fisheries resources, including (without limitation) customary food gathering purposes in the 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-

(a) Must be deposited with the office of the Ministry nearest the mataitai reserve and also at a place near the mataitai reserve that is designated by the chief executive for the purpose; and

(b) Must be open to inspection by, and for the purposes of receiving submissions from, the public during office hours for at least 15 working days immediately before the date on which the restriction or prohibition is notified to the Minister under regulation 26.

(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), and the place where that bylaw may be inspected.

(6) A Tangata Tiaki/Kaitiaki may amend any bylaw deposited with the Ministry 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 26.

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(1) On the making of a bylaw under regulation 25 restricting or prohibiting the taking of fish, aquatic life, or seaweed within a mataitai reserve,-

(a) The Tangata Tiaki/Kaitiaki must notify the Minister of the bylaws, and

(b) The notification must be accompanied by a copy of the bylaw and a statement of the reasons why the Tangata Tiaki/Kaitiaki considers the proposed restrictions or prohibitions necessary or desirable for the sustainable management of the fish, aquatic life, or seaweed in that mataitai reserve.

(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 whether or not to approve the bylaw.

(3) Non-compliance with any time period specified in regulation 25 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 Tiaki/Kaitiaki for a mataitai reserve may authorise the taking of the fish, aquatic life, or seaweed to continue for the purpose which sustain the functions of a marae, despite any bylaw applying under this part.

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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 Tiaki/Kaitiaki under regulation 27.

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

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

(a) The general customary food gathering area/rohe moana is not being sustainable managed; or

(b) The management of the mataitai reserve will adversely affect the sustainable management of that mataitai reserve; or

(c) The management of the mataitai reserve is not in accordance with any conditions agreed by the Minister and the tangata whenua under regulations 20; or

(d) The management of any mataitai reserve is significantly different from the aims specified in the approved form under regulation 17 for managing the mataitai reserve; or

(e) The requirements under regulation 32, 33, 36, and 37 are not being met by the Tangata Tiaki /Kaitiaki; or

(f) A Tangata Tiaki/Kaitiaki 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 Tiaki/Kaitiaki to remedy the matters forming the basis of the Minister’s concerns.

(3) If, after consultation with the tangata whenua, the Minister considers that a Tangata Tiaki/Kaitiaki is unable or unwilling to implement any advice or assistance provide under subclause (2),-

(a) The Minister and the tangata whenua must, as soon as reasonably practicable, and in any case no later than 60 working days after the commencement of consultation by the Minister, develop a management strategy to sustainably mange the customary food gathering area/rohe moana; and

(b) The Minister must require the Tangata Tiaki /Kaitiaki, by notice in writing, to observe the management strategy until such time as the Minister, after consultation with the tangata whenua, is satisfied that the stock concerned is being sustainably managed.

(4) If the Minister require the Tangata Tiaki /Kaitiaki to observe a management strategy under subclause (3), no restriction or prohibition or bylaws may be made under regulation 25 that are inconsistent with that management strategy.

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(1) If any Tangata Tiaki /Kaitiaki fails to follow a management strategy provided under regulation 30 (3), the Minister, by notice in the Gazette, must notify the local tangata whenua of that Tangata Tiaki /Kaitiaki and may cancel the appointment of that Tangata Kaitiaki/Tiaki.

(2) A person whose appointment as Tangata Tiaki /Kaitiaki is cancelled for a period of up to 5 years after the date of cancellation without the Minister’s approval; and

(3) The Minister must, within 60 working days after the date of the notification in the Gazette under subclause (1), appoint another Tangata Tiaki/Kaitiaki nominated by the tangata whenua who made the original nomination of the Tangata Tiaki/Kaitiaki appointed under regulation 9 or regulation 21.

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

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

(b) The appointment of any new Tangata Tiaki/Kaitiaki under subclause (3)

(5) A cancellation or appointment notified under subclause (4) takes effect on a date to be specified in the Gazette notice under that subclause.

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Every Tangata Tiaki/Kaitiaki 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 Tiaki/Kaitiaki appointed under these regulations must keep accurate records of the species and quantities of fish, aquatic life, or seaweed taken by those persons authorised under these regulations to take fish, aquatic life, or seaweed, as advised by those persons under regulation 35.

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(1) Persons authorised under these regulations to take fish, aquatic life, or seaweed, except those authorised under regulation 11 (3), must hold in their possession proof of the authorisation when fishing under the authorisation.

(2) Persons authorised under regulation 11 (3) to take fish, aquatic life, or seaweed must have in their possession details which verify that the authorisation given in accordance with regulation 11 (3) 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 Tiaki/Kaitiaki 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 Tiaki/Kaitiaki 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) Within 1 month after the end of each quarter in each calendar year, every Tangata Tiaki/Kaitiaki 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 Tiaki/Kaitiaki under regulation 32 and 33 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 Tiaki/Kaitiaki for such access.

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(1) The Tangata Tiaki/Kaitiaki 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 Tiaki/Kaitiaki 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 raising.

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

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

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A person commits an offence against these regulations if the person takes 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 Tiaki/Kaitiakiunder 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 Tiaki/Kaitiaki under regulation 27; and

(b) That taking is consistent with the authority granted under regulation 11 or regulation 27.

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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 Tiaki/Kaitiaki under regulation 11; or

(b) Those fish, aquatic life, or seaweed were taken under an authorisation to take fisheries resources granted by a Tangata Tiaki/Kaitiaki under regulation 27.

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A person charged with an offence of taking fish, aquatic life, or seaweed contray to these regulations or to any authority given under these regulations has a defence to those proceedings 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 Tiaki/Kaitiaki 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 Tiaki/Kaitiaki .

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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 26.

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(1) A person who commits an offence against these regulations is liable to the appropriate penalty set out in this regulation:

(2) 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:

(3) 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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The fisheries (South Island Customary Fishing) Regulation 1998 (S.R. 1998/72) are revoked.

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Without limiting anything in the Interpretation Act 1999, the revocation of the Fisheries ( South Island Custoary Fishing) Regulations 1998 by regulation 45 does not affect the validity of any document made or anything done under those regulations

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