Ngai Tahu Settlement

ATTACHMENT 12.150

DRAFT (KAIMOANA/MAORI CUSTOMARY NON-COMMERCIAL FISHING)
REGULATIONS

(Clause 12.14)

[Attachment comprises * pages]

FOR DISCUSSION PURPOSES ONLY

DRAFT Fisheries (Kaimoana - Maori Customary Non-Commercial Fishing)
Regulations 1997

1

PART I

MADE PURSUANT TO SECTION 186 OF THE FISHERIES ACT 1996

INTERPRETATION AND APPLICATION

1.

Title and Commencement - These regulations may be cited as the
Fisheries (Kaimoana-Maori Customary Non-Commercial Fishing) Regulations
1997.

1A.

Application -

(1)

Nothing in these regulations shall apply to persons taking or possessing
fish from freshwater fisheries.

(2)

Any person exercising powers under these regulations shall do so in
accordance with the provisions of the Treaty of Waitangi (Fisheries Claims)
Settlement Act 1992.

2.

Interpretation -

(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 who has, with the authority of the Prime
Minister, assumed responsibility for these regulations:

Customary food gathering means the taking of fish, or managing of
fisheries, for a purpose authorised by Tangata Kaitiaki/Tiaki, including koha,
to the extent that such purpose is consistent with Tikanga Maori and is neither
commercial in any way nor for pecuniary gain or trade:

Fish means any fisheries resource as defined under the Fisheries Act
1996:

Local community means those persons:

(a)

who own any land in the proximity of a proposed Mataitai Reserve; or

(b)

who have a place of residence in the proximity of the proposed Mataitai
Reserve and who have been in occupation for a cumulative period of no less than
three months in the three consecutive years immediately preceding the date of
the application for that Mataitai reserve.

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

Mataitai reserve means a reserve established pursuant to regulation
[19] of these regulations:

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 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 these regulations:

Tangata Kaitiaki/Tiaki means any person appointed as Tangata
Kaitiaki/Tiaki under these regulations being any member of the tangata whenua or
any tangata whenua organisation or their nominated representatives.

Tangata whenua, in relation to a particular area, means the whanau,
hapu, or iwi, being Maori, that hold mana whenua mana moana over that area:

Working day means any day other than-

(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 the 25th day of December in any year and
ending with the 15th day of January in the following year.

(2)

Expressions not defined in these regulations but defined in the Fisheries
Act 1996 have, in these regulations, the meanings so defined.

3.

Relationship between these Regulations and other Regulations -

(1)

In the event of any inconsistency between these regulations and any other
regulations made under the Fisheries Act 1996, these regulations shall prevail
over such other regulations.

(2)

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

PART II

CONFIRMATION OF TANGATA KAITIAKI/TIAKI FOR

GENERAL CUSTOMARY FOOD GATHERING

4.

Notification -

(1)

Tangata whenua may in accordance with these regulations manage
non-commercial customary fisheries within the customary food gathering area/rohe
moana of which they are tangata whenua.

(2)

Before tangata whenua manage non-commercial customary fisheries under these
regulations, tangata whenua shall notify the Minister, on an approved form, of
the proposed Tangata Kaitiaki/Tiaki for that area/rohe moana.

5.

Public Notice -

(1)

Upon being notified of a proposed Tangata Kaitiaki/Tiaki under regulation
[4] of these regulations, the Minister, as soon as practicable but no
later than 20 working days after the receipt of such a notification, shall
publish the details of that notification 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.

6.

Submissions -

(1)

Within 20 Working days after the date of the second publication of a
notification under regulation [5] of these regulations any person
belonging to;-

(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 marae community, hapu or iwi claiming a relationship in respect of
customary food gathering in any part of the area/rohe moana for which the
proposed Tangata Kaitiaki/Tiaki has been nominated,-

may submit to the Head Office of the Ministry a submission in respect of that
notification:

(2)

The Chief Executive shall provide to every tangata whenua referred to under
regulation (4) of these regulations and to every person nominated as Tangata
Kaitiaki/Tiaki under regulation 4 of these regulations, a copy of every
submission received under this regulation, and shall otherwise make such
submissions publicly available, on request.

7.

Tangata whenua shall convene a hui -

(1)

Where the Minister considers that any submission referred to in
subclause (1) of regulation [6] of these regulations indicates a dispute
regarding:

(a)

who are the tangata whenua

(b)

who should be Tangata Kaitiaki/Tiaki

(c)

the boundaries for the area/rohe moana concerned -

or where the Minister has received more than one application for the same
proposed customary food gathering area/rohe moana, the Minister shall, as soon
as practicable and in any case no later than 20 working days, request any
tangata whenua who made an application under regulation [4] to convene a
hui of those persons: -

(i)

who made submissions pursuant to regulation 6(1) in respect of the
notification; and

(ii)

who made competing notifications; and

(iii)

belonging to any other marae community, hapu or iwi who may have an interest
in the proposed customary food gathering area -

and to resolve any dispute in respect of the proposed customary food
gathering area/rohe moana.

(2)

Without limiting subclause (1) of this regulation, in resolving any dispute
under that subclause, the parties may agree to nominate a Tangata Kaitiaki/Tiaki
not previously nominated in any notification of a customary food gathering
area/rohe moana and may agree to boundaries for the proposed customary food
gathering area/rohe moana different from those contained in any notification of
a customary food gathering area/rohe moana.

(3)

Any hui convened under subclause (1) of this regulation shall be convened at
a time and place, and after providing notice that is reasonable in the
circumstances, being no later than 40 Working days after it is requested by the
Minister under subclause (1) of this regulation.

(4)

As soon as practicable after the conclusion of the hui, the tangata whenua
who convened the hui under subclause (1) of this regulation shall advise the
Minister in writing: -

(i)

who are the tangata whenua; or

(ii)

who are Tangata Kaitiaki/Tiaki; or

(iii)

the boundaries for the area/rohe moana concerned; or

(iv)

of the resolution of any other dispute in respect of the proposed customary
food gathering area/rohe moana.

8.

Confirmation of Tangata Kaitiaki/Tiaki -

(1)Subject to these regulations, where 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 [6] of these regulations; or

(b)

a hui has been convened pursuant to regulation [7] of these
regulations and all disputes have been resolved at that hui -

the Minister shall confirm the appointment of the person notified as Tangata
Kaitiaki/Tiaki of the proposed customary food gathering area/rohe moana.

(2)

Where a hui has been convened pursuant to regulation 7 of these regulations
and no agreement is reached on the notification in accordance with that
regulation, the dispute shall be referred to an authority, agreed to between the
tangata whenua making application under regulation [4] and persons
makings submissions under regulation [7(1)], for mediation and
settlement.

(3)

As soon as reasonably practicable and in any case no later than 20 working
days after the appointment of any Tangata Kaitiaki/Tiaki under subclause(1) of
this regulation, the Minister shall; -

(a)

cause to be published in a newspaper circulating in the locality of the
proposed customary food gathering area/rohe moana; and

(b)

notify in the Gazette; -

the confirmation of such Tangata Kaitiaki/Tiaki and specify the boundaries of
the area/rohe moana for which the Tangata Kaitiaki/Tiaki is to exercise any
function under these regulations.

(4)

Any confirmation of a Tangata Kaitiaki/Tiaki under subclause (1) of this
regulation shall take effect from a date to be notified in the Gazette .

(5)

At any time during the illness or absence of any Tangata Kaitiaki/Tiaki or
for any other temporary purpose, the Tangata Kaitiaki/Tiaki may, upon
notification to the Chief Executive, delegate his or her powers under Part III
of these regulations to any member of the tangata whenua of that particular
customary food gathering area/rohe moana.

9.

Cancellation of Appointment -

(1)

The Minister shall cancel the appointment of any Tangata Kaitiaki/Tiaki
appointed under regulation 8 of these regulations upon receipt of a request in
writing from:

(a)

the tangata whenua who nominated the Tangata Kaitiaki/Tiaki to the Minister
pursuant to regulation 4(1) of these regulations in any case where no hui is
convened pursuant to regulation 7 of these regulations; or

(b)

the tangata whenua referred to in regulation 7(4) of these regulations in
any case where a hui is convened pursuant to regulation 7 of these regulations;
or

(c)

the Tangata Kaitiaki/Tiaki of the area/rohe moana concerned.

(3)

Where the appointment of a Tangata Kaitiaki/Tiaki is cancelled pursuant to
subclause (1) of this regulation, the Minister shall appoint another Tangata
Kaitiaki/Tiaki nominated by the tangata whenua who made the original proposal
for a Tangata Kaitiaki/Tiaki pursuant to regulation 4(1) or 7(4) of these
regulations

(4)

The Chief Executive shall cause to be published in a newspaper circulating
in the locality of the relevant customary food gathering area/rohe moana, and
shall notify in the Gazette; -

(a)

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

(b)

the appointment of any new Tangata Kaitiaki/Tiaki under subclause (3); -

and such cancellation or appointment shall take effect from a date to be
specified in the Gazette notice.

PART III

POWERS OF TANGATA KAITIAKI/TIAKI

IN RESPECT OF GENERAL CUSTOMARY FOOD GATHERING

10.

Power to authorise taking of fish for customary food gathering -

(1)

Subject to this regulation, a Tangata Kaitiaki/Tiaki appointed under Part II
of these regulations may authorise any natural person to take fish from within
the whole or any part of the area/rohe moana, for which the Tangata
Kaitiaki/Tiaki has been appointed, and the taking is done in a manner which is
consistent with the tikanga of the tangata whenua of that customary food
gathering area/rohe moana.

(2)

No authorisation made under subclause (1) of this regulation, shall have any
force or effect unless it has been made on an approved form, and specifies :

(a)

the date that species may be taken;

(b)

the person who is authorised to take the fish;

(c)

the species that may be taken;

(d)

the quantity of each species that may be taken;

(e)

size limits relating to each species to be taken;

(f)

the method by which each species may be taken;

(g)

the area or areas in which the fish may be taken;

(h)

the purpose for which the fish may be taken; and

(i)

any other matters the Tangata Kaitiaki/Tiaki sees fit.

(3)

Notwithstanding subclause (2) of this regulation, where the Tangata
Kaitiaki/Tiaki and the Chief Executive, agree to a process and form of
authorisation other than that prescribed in subclause (2) of this regulation,
including, but not restricted to, the granting of oral authorisations, that
process and form of authorisation shall replace that prescribed in subclause (2)
from an agreed date, and every authorisation made in that form shall take effect
as if that authorisation was made under subclause (1) of this regulation.

(4)

Any authorisation granted under subclause 3 of this regulation shall specify
the matters referred to in subclause 2(a)-(i) of these regulations.

(5)

Subject to subclause (3) of this regulation, any authorisation granted
pursuant to subclause (1) of this regulation shall be shown by any person taking
fish, on request to any Fishery Officer.

(6)

Where a Fisheries Officer has reasonable cause to suspect an offence has
been committed under these regulations, every record of any authorisation
granted under subclause (1) of this regulation shall be shown by the Tangata
Kaitiaki/Tiaki who granted it, on request, to any Fishery Officer.

(7)

Where any person who is authorised to take fish for both customary food
gathering purposes and for commercial purposes in any one fishing trip, all fish
caught during that fishing trip shall be deemed to have been taken for
commercial purposes unless contained in separate marked containers clearly
identifying the fish as taken for a customary food gathering purpose.

PART IV

MATAITAI RESERVES

11.

Application for Mataitai Reserves -

(1)

The -

(a)

tangata whenua referred to in regulation 4(1) of these regulations; or

(b)

tangata whenua referred to in regulation 7(4) of these regulations; or

(c)

Tangata Kaitiaki/Tiaki appointed under regulation 8 of these regulations -

may apply to the Minister, from time to time, on an approved form, for a
Mataitai reserve in respect of any part of the area/rohe moana in respect of
which they are the tangata whenua or Tangata Kaitiaki/Tiaki.

12.

Notification of application -

(1)

No later than 20 working days after receipt of any application under
regulation 11 of these regulations, the Minister shall 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 inviting written submissions to be
made by the local community, and allowing a minimum of 20 working days for such
submissions to be made.

13.

Consultation -

(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 12 of
these regulations, the Minister shall 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 newspaper circulating in the locality of the proposed Mataitai
reserve.

(2)

The Minister and the tangata whenua applying for the proposed Mataitai
reserve together shall consult with the local community at the meeting convened
under subclause [1].

(3)

After consultation with the local community, the tangata whenua may amend an
application made pursuant to regulation 11 of these regulations, and advise the
Minister of any amendments to the application.

13A.

Public Notification - As soon as practicable after consultation with
the local community pursuant to subclause (1) of this regulation or upon being
advised of an amended application under subclauses (1) and (2) of this
regulation, as the case may be, the Minister shall notify in a newspaper
circulating in the locality of the proposed Mataitai reserve details of the
application for a Mataitai reserve, inviting written submissions to be made by
persons having an interest in the stock or stocks in the area specified in the
application for the proposed Mataitai reserve, and allowing a minimum of 20
working days for such submissions to be made.

14.

Declaration of a Mataitai reserve -

(1)

Subject to regulation 13 of these regulations, where, in respect of a
proposed Mataitai reserve the Minister is 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 approved form pursuant to
regulation 11 of these regulations, are consistent with the sustainable
management of the fishery in the area of application; and

(c)

the proposed Mataitai reserve is an identified traditional fishing ground
and is of a size appropriate to effective management by Tangata Kaitiaki/tiaki;
and

(d)

the Mataitai reserve will not:

(i)

unreasonably affect the ability of the local community to take fish for
non-commercial purposes; or

(ii)

prevent persons with a commercial interest in a species taking their annual
catch entitlement within the Quota Management Area for that species; -

the Minister shall, as soon as reasonably practicable, declare an area to be
a Mataitai reserve subject to such conditions agreed to by the Minister and the
tangata whenua.

(2)

Where the Minister considers that any application for a Mataitai reserve
under regulation 11 of these regulations does not meet one or more of the
criteria referred to in subclause (1) of this regulation, the Minister shall
decline that application as soon as practicable, and in any case no later than
30 working days notify the applicant in writing of that fact, stating the
reasons for declining.

15.

Appointment of Tangata Kaitiaki/Tiaki for Mataitai reserve -

(1)

The Minister shall appoint Tangata Kaitiaki/Tiaki nominated on the approved
form pursuant to regulation 11 of these regulations for the Mataitai reserve
declared under regulation 14 of these regulations.

(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, upon
notification to the Chief Executive, delegate his or her powers under Part V of
these regulations to any member of the tangata whenua of that particular
Mataitai reserve.

16.

Notification of Mataitai reserve and Tangata Kaitiaki/Tiaki -

(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
pursuant to regulation 15 of these regulations, the Chief Executive shall; -

(a)

cause to be published in a newspaper circulating in the locality of the
Mataitai reserve; and

(b)

notify in the Gazette; -

the Mataitai reserve including a description of its boundaries and the
Tangata Kaitiaki/Tiaki in respect of it.

(2)

Any declaration of a Mataitai reserve pursuant to regulation 14 of these
regulations and appointment of Tangata Kaitiaki/Tiaki pursuant to regulation 15
of these regulations shall take effect from a date to be notified in the Gazette
.

17.

Cancellation of Appointment -

(1)Subject to this regulation, the Minister shall cancel the appointment of
any Tangata Kaitiaki/Tiaki in respect of a Mataitai reserve, upon receipt of a
request in writing from;

(a)

the tangata whenua who nominated the Tangata Kaitiaki/Tiaki pursuant to
regulation 11 of these regulations; or

(b)

the Tangata Kaitiaki/Tiaki of the Mataitai reserve concerned; -

Provided that, in the case of (a), the Minister is satisfied, after
consultation with that person, that such request is supported by the tangata
whenua.

(2)

Where the appointment of a Tangata Kaitiaki/Tiaki is cancelled pursuant to
subclause (1) of this regulation, the Minister shall appoint another Tangata
Kaitiaki/Tiaki nominated by the tangata whenua who made the original proposal
for a Tangata Kaitiaki/Tiaki pursuant to regulation (11) of these regulations

(3)

The Chief Executive shall cause to be published in a newspaper circulating
in the locality of the relevant customary food gathering area/rohe moana, and
shall notify in the Gazette; -

(a)

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

(b)

the appointment of any new Tangata Kaitiaki/Tiaki under subclause (2); -

and such cancellation or appointment shall take effect from a date to be
specified in the Gazette notice.

PART V

POWERS OF TANGATA KAITIAKI / TIAKI IN A MATAITAI RESERVE

18.

Fishing in a Mataitai reserve -

(1)

Subject to this Part of these regulations, the Fisheries Amateur Fishing
Regulations 1986 (SR 1986/221) and Regulation 10 of these regulations, shall
apply in a Mataitai reserve.

(2)

No person shall engage in commercial fishing in a mataitai reserve.

19.

Power to restrict or prohibit fishing in a Mataitai reserve -

(1)

Notwithstanding regulation 18 of these regulations, any person declared to
be the Tangata Kaitiaki/Tiaki in respect of a Mataitai reserve may make bylaws
restricting or prohibiting the taking of fish from within the whole or any part
of a Mataitai reserve for any purpose that the Tangata Kaitiaki/Tiaki considers
necessary for the sustainable management of the fish in that Mataitai reserve.

(2)

Any bylaws made under subclause (1) of this regulation may include bylaws
imposing restrictions or prohibitions relating to all or any of the following
matters:

(a)

the species of fish that may be taken;

(b)

the quantity of each species of fish that may be taken;

(c)

size limits relating to the species of fish that may be taken;

(d)

the method by which each species of fish may be taken;

(e)

the area or areas in which the fish may be taken; and

(f)

any other matter the Tangata Kaitiaki/Tiaki sees fit.

(3)

Any bylaw made under this regulation shall apply generally to all persons
fishing in a Mataitai reserve.

(4)

Any bylaw imposed under subclause (1) of this clause shall be deposited at
the office of the Ministry nearest to the proposed Mataitai reserve, and shall
be open to the inspection of, and 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 pursuant to regulation 20
of these regulations.

(5)

A Tangata Kaitiaki/Tiaki may amend any bylaw deposited with the Ministry
under subclause (4) of this regulation, in light of any submission received,
without having to further deposit the amended bylaw with the Ministry before
notifying the Minister of that restriction or prohibition under regulation 20 of
these regulations.

20.

Notification of restriction or prohibition -

(1)

Any bylaw restricting or prohibition of fishing within a Mataitai reserve to
be imposed under regulation 19 of these regulations shall be notified by the
Tangata Kaitiaki/Tiaki to the Minister accompanied by a copy of the bylaw, and a
statement of the reasons why the Tangata Kaitiaki/Tiaki considers the proposed
restriction or prohibition necessary or desirable for the sustainable management
of the fish in that Mataitai reserve.

(2)

Upon receipt of any notice of a proposed bylaw placing restrictions or
prohibitions on fishing in a Mataitai reserve under subclause (1) of this
regulation, the Minister shall approve as soon as practicable, and in any case
no later than 60 working days the imposition by the Tangata Kaitiaki/Tiaki of
that bylaw if satisfied that: -

(a)

the proposed bylaw is necessary or desirable for the sustainable management
of the fish in that Mataitai reserve; and

(b)

the proposed bylaw has been deposited with Ministry in accordance with
regulation 19(4) of these regulations.

(3)

Upon approving the imposition of a bylaw in a Mataitai reserve under
subclause (2) of this regulation, the Minister shall, as soon as practicable
after approving such bylaw:

(a)

publish that bylaw in a newspaper circulating in the locality of the
Mataitai reserve; and

(b)

notify the bylaw in the Gazette.

(4)

Upon rejecting the imposition of a bylaw in a Mataitai reserve under
subclause (2) of this regulation, the Minister shall notify the Tangata
Kaitiaki/ Tiaki of that fact.

(5)

Any bylaw approved under this regulation shall take effect from a date
specified in the Gazette notice under subclause (3)(b) of this regulation.

21.

Power to authorise fishing for functions of a marae - Notwithstanding
regulations [19 -20], but subject to regulation 10(2), of these regulations, the
Tangata Kaitiaki/Tiaki in respect of a Mataitai reserve, may authorise the
taking of fish, by any specified person, within the whole or any part of that
Mataitai reserve for the purpose of sustaining the functions of a marae.

22.

Fishing from registered commercial vessels - No person shall fish
from any registered commercial vessel in a Mataitai reserve unless expressly
authorised to do by a Tangata Kaitiaki/Tiaki under regulation 21 of these
regulations.

23.

Enhancement of fish stocks - Notwithstanding regulations [19-20] of
these regulations, any Tangata Kaitiaki/Tiaki in respect of a Mataitai reserve
may authorise any person to take fish from any area within that Mataitai reserve
and to release that fish within another part of that Mataitai reserve, for the
purpose of enhancing the stock or stocks.

PART VI

POWERS OF MINISTER TO INTERVENE

24.

Ministers powers to intervene in the management by Tangata
Kaitiaki/Tiaki -

(1)

Where the Minister considers, after consulting with tangata whenua and the
Tangata Kaitiaki/Tiaki, that for the purposes of these regulations:

(a)

the general customary food gathering area/rohe moana is not being
sustainably managed; or

(b)

the management of any 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 tangata whenua pursuant to regulation
14(1); or

(d)

the management of any Mataitai reserve is significantly different from the
aims specified in the approved form pursuant to regulation 11 for managing the
Mataitai reserve; or

(e)

the requirements under regulations 25 and 26 are not being met by the
Tangata Kaitiaki/Tiaki; -

(f)

a Tangata Kaitiaki/Tiaki is acting in contravention of their authority under
these regulations:-

the Minister shall 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 under subclause (1) of this regulation.

(2)

Where, after consultation with tangata whenua, the Minister considers that a
Tangata Kaitiaki/Tiaki is unable or unwilling to implement any advice or
assistance provided under subclause (1) of this regulation, the Minister and
tangata whenua shall, as soon as reasonably practicable, and in any case no
longer than 60 working days after the commencement of consultation by the
Minister, develop a management strategy to sustainably manage the fishery, and
the Minister shall require Tangata Kaitiaki/Tiaki, by notice in writing, to
observe the management strategy until such time as the Minister, after
consultation with tangata whenua, is satisfied that the stock concerned is being
sustainably managed.

(3)

Where the Minister requires the Tangata Kaitiaki/Tiaki to observe a
management strategy under subclause (2) of this regulation, no restriction or
prohibition/bylaws imposed under regulation 19 of these regulations shall be
made which is inconsistent with that management strategy.

(4)

Where any Tangata Kaitiaki/Tiaki fails to follow a management strategy
provided pursuant to subclause (2) of this regulation, the Minister, shall
notify the local tangata whenua of that Tangata Kaitiaki/Tiaki and may cancel
the appointment of that Tangata Kaitiaki/Tiaki, by notice in the Gazette.

(5)

Where the appointment of a Tangata Kaitiaki/Tiaki is cancelled under this
Part of the regulations, that person shall, at the discretion of the Minister,
not be eligible for re-appointment for a period of up to 5 years after the date
of cancellation.

(6)

Where the appointment of a Tangata Kaitiaki/Tiaki is cancelled pursuant to
subclause (4) of this regulation, the Minister shall appoint another Tangata
Kaitiaki/Tiaki nominated by the tangata whenua who made the original proposal
for a Tangata Kaitiaki/Tiaki pursuant to regulation 4(1) ,7(4) or 15 of these
regulations, within 60 working days of receiving that nomination.

(7)

The Chief Executive shall cause to be published in a newspaper circulating
in the locality of the relevant customary food gathering area/rohe moana or
mataitai reserve, and shall notify in the Gazette; -

(a)

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

(b)

the appointment of any new Tangata Kaitiaki/Tiaki under subclause (6) ; -

and such cancellation or appointment shall take effect from a date to be
specified in the Gazette notice

PART VII

ACCOUNTABILITY MECHANISMS

25.

Records of authorisations - Every Tangata Kaitiaki/Tiaki appointed
under these regulations shall keep accurate records of every authorisation
granted, and such records shall specify full particulars of that authorisation.

26.

Records of fish taken - Every Tangata Kaitiaki/Tiaki appointed under
these regulations shall keep accurate records of the species and quantities of
fish taken by those persons authorised to fish under these regulations, as
advised by those persons under regulation 28 of these regulations.

27.

Reporting - Any person authorised to fish under these regulations
shall advise the Tangata Kaitiaki/Tiaki of the species and quantity of fish
taken pursuant to that authorisation, no later than 10 working days of the
taking of those fish.

28.

Notification -

(1)

On the last days of January, March, June and September in every year, every
Tangata Kaitiaki/Tiaki appointed pursuant to these regulations shall provide to
the office of the Ministry closest to the customary food gathering area/rohe
moana or the Mataitai reserve for which the Tangata Kaitiaki/Tiaki has been
appointed, copies of every record kept by the Tangata Kaitiaki/Tiaki pursuant to
regulations 25 and 26 of these regulations during the preceding three months.

(2)

Notwithstanding anything in subclause (1) of this regulation, where a
Fisheries Officer has reasonable cause to suspect an offence has been committed
under these regulations, every Tangata Kaitiaki/Tiaki appointed pursuant to
these regulations shall make available to any Fisheries Officer, on request,
details of the matters referred to in subclause (1) of this regulation.

29.

Tangata Kaitiaki/Tiaki to meet and inform tangata whenua -

(1)

The Tangata Kaitiaki/Tiaki shall, no later than the 31st day of March in
each year, hold a meeting with the tangata whenua and shall at that meeting
report on:

(i)

the administration of these regulations by the Tangata Kaitiaki/Tiaki within
the customary food gathering area/rohe moana;

(ii)

the number of authorisations granted for the period and the species for
which authorisations were granted;

(iii)

any restrictions or prohibitions in force for that period;

(iv)

the number of Mataitai reserves and other places of customary food gathering
importance in the area/rohe moana of the tangata whenua; and

(v)

the number of number of authorisations granted for the purposes of
sustaining the functions of the marae or such other customary food gathering
purpose in the area/rohe moana of the tangata whenua.

(2)

The Tangata Kaitiaki/Tiaki shall publicly notify the holding of every
meeting held under subclause (1) of this regulation.

PART VIII

OFFENCES AND PENALTIES

30.

Taking of fish without approval or authorisation prohibited -

(1)

It shall be an offence for any person to take fish, whether from a
registered fishing vessel or otherwise, pursuant to these regulations, unless:

(a)

that person has been authorised, and is in possession of an authorisation,
to take fish granted by a Kaitiaki/ Tangata tiaki pursuant to regulation 10 of
these regulations.

(b)

that person has been authorised, and is in possession of an authorisation,
to take fish within the whole or any of the mataitai reserve for the purpose of
sustaining the functions of a marae pursuant to regulation 21 of these
regulations.

(c)

that taking is not contrary to any restriction or prohibition imposed under
regulation 19 of these regulations.

31.

Possessing fish taken without approval or authorisation prohibited -

(1)

It shall be an offence for any person to be in possession of fish, pursuant
to these regulations, unless:

(a)

those fish were taken pursuant to an authorisation to take fish granted by a
Kaitiaki/ Tangata tiaki pursuant to regulation 10 of these regulations.

(b)

those fish were taken pursuant to an authorisation to take fish granted by a
Kaitiaki/ Tangata tiaki pursuant to regulation 21 of these regulations.

32.

Penalties - Every person who commits an offence against these
regulations shall,-

(a)

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

(b)

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

PART IX

MISCELLANEOUS

33.

Iwi Planning Document - Any Tangata Kaitiaki/Tiaki may prepare a
management plan for the area/rohe moana for which they have authority. If any
Tangata Kaitiaki/Tiaki do prepare such a plan, the plan shall be deemed to be a
planning document recognised by an iwi authority for the purposes of the
Resource Management Act 1991.

34.

Honorary Fishery Officers - Any Tangata Kaitiaki/Kaitiaki may
nominate to the Chief Executive Officer, that any person be appointed as an
honorary fishery officer pursuant to section 197 of the Fisheries Act1996.

35.

Assistance to Tangata Kaitiaki/Tiaki - The Minister shall provide any
Tangata Kaitiaki/Tiaki such information and assistance necessary to the proper
administration of these regulations and in accordance with section 10 of the
Treaty of Waitangi (Fisheries Claims) Settlement Act 1992.