Transcript 1992 Settlement

1992 Settlement
• Settlement includes Obligation for Crown to
establish Regulations
– Recognise and provide for customary food
gathering
– Recognise special relationship between tangata
whenua and places of importance for customary
food gathering
Customary Tools
• Mataitai
• Taiapure
• s186A closures
Mataitai
• Kaimoana Regulations passed in 1998;
• South Island Customary Fishing regulations
passed in 1999
• Provide for the process to establish mataitai
reserves
Process for establishment
• Tangata Kaitiaki/Tiaki may apply for
matiati reserve. If approved they will
manage the reserve.
• Purpose = “recognise and provide for
customary management practices and food
gathering”
Statutory Tests before approval
• Minister must be satisfied:
– There is a special relationship between tangata
whenua and the reserve
– General aims are consistent with sustainable
management of fishery
– Proposed reserve is:
• A traditional fishing ground
• Is of a size appropriate for effective management
• May be conditioned to address issues raised
by submissions
Statutory Tests before approval (Cont)
• Minister considers that proposed reserve will not:
– Unreasonably affect ability of local community to take
fish etc for non-commercial purposes.
– Prevent commercial interests from taking their Quota
entitlements or ACE within the QMA
– Unreasonably prevent commercial permit holders to
take non-QMS species
– Unreasonably prevent non-commercial fishing
– Be in an area which is a marine reserve
What will a Mataitai Reserve do?
• Excludes commercial fishing although it
can be reinstated;
• Does not exclude recreational fishing;
• Does not require recreational fishers to
obtain approval or prevent non- Maori from
fishing;
• Does not prevent access to beaches;
• Provides for the making of by-laws;
Taiapure
• S175 Fisheries Act 1996.
• Established in areas that have been
customarily of special significance
• To make better provision for the recognition
of rangatiratanga and Article II
Management of Taiapure
• Minister appoints Committee of
management from local Maori Community
• Committee can recommend regulations
• Commercial fishing, recreational fishing
and customary fishing required to follow
regulations
Temporary Closures
• Provides for temporary closure on species
or method in an area for 2 years. Option to
renew for 2 years
• May only be approved if:
– It will recognise and make provision for
management practices of tangata whenua by
• Improving availability or size of fish etc
• Recognising a customary fishing practice in that
area
Temporary closure consultation
• Minister must:
– Consult representative persons having an
interest in species concerned
– Provide for input and participation of tangata
whenua