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