Mataitai Reserve
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Mataitai:
Mätaitai Information Fact Sheet
Mirumiru Marae (commonly known as Marokopa Marae) applied for a Mätaitai Reserve 2001 for the following area’s.
- Area outlined here
The purpose for the Mātaitai Reserve is to protect, enhance and sustain the local fishery for future generations. We have prepared a Mātaitai Information Fact Sheet for you to read. Please take some time to read the following information relating to Mätaitai reserves and how it could benefit you and the wider community.
Q. What is a Mātaitai?A. A Mātaitai is an area or reserve which identifies a traditional fishing ground for the local iwi and hapū who hold customary authority over that area. A Mātaitai also recognises the special relationship that local iwi and hapū have to that traditional fishing ground.
Q. Who can apply for a Mātaitai?A. Kaitiaki (customary fisheries managers) established under the Fisheries (Kaimoana Customary Fishing) Regulations 1998 or those who nominated them can apply for a Mātaitai Reserve.
Q. What is a role of a Kaitiaki?A. Kaitiaki appointments have been confirmed by the Minister of Fisheries to manage the customary food gathering within a specific area or rohe moana which also includes within a Mātaitai Reserve.
Q. What powers do Kaitiaki have in order to manage a Mātaitai?A. Kaitiaki have the power to issue customary authorisations to allow for the taking of any fish, aquatic life and seaweed that is currently administered under the Fisheries Act 1996. Kaitiaki have the power to recommend to the Minister of Fisheries bylaws that may restrict or prohibit fishing within a Mātaitai Reserve if the Kaitiaki considers it necessary for the sustainable management of the fisheries resources within the Mātaitai Reserve. Bylaws generally apply to all people fishing within the Mātaitai Reserve. The Chief Executive of the Ministry of Fisheries must advertise the bylaws and call for submissions from the general public before any final decision can be made by the Minister.
Q. Where are Mātaitai Reserves derived from?A. The Fisheries (Kaimoana Customary Fishing) Regulations 1998 have been created as part of the Treaty of Waitangi Fisheries Claims Settlement Act 1992. These regulations have been designed to empower Tangata Whenua through their respective Tangata Tiaki/ Kaitiaki to manage the fisheries resources for customary food gathering purposes.
Q. Will I be excluded from fishing, or will I need an authorisation to go fishing?A. No, recreational fishers can continue to fish as they currently do. In the future a bylaw may be put in place that may change some aspects of fishing like bag limits or size restrictions.
Q. What are bylaws?A. Bylaws are rules that are created to manage fisheries resources within a Mätaitai Reserve which can apply to species, quantity, size, fishing method, area or any other matters the Kaitiaki consider necessary for the sustainable management of fisheries resources within the Mātaitai Reserve.
Q. Will I still be able to use the surrounding areas ?A. Yes, the creation of a Mätaitai Reserve can only manage fishing within the Mātaitai area and can not exclude public or private access to these areas. The general public can still use the reef and surrounding areas for recreational use. Mätaitai Reserves have no ability to manage access to the reef or to private land. People wanting to gain access across private or farm land including local iwi and hapū will still have to obtain permission from the land owners before doing so.
Q. Is a Mātaitai Reserve the same as a Marine Reserve?A. No. Marine reserves are protection tools that are administered by the Department of Conservation that generally do not allow any fishing to occur. A Mätaitai Reserve will allow fishing as long as it is sustainable however; it does prohibit commercial fishing from taking place unless it is reinstated at the request of the Tangata Tiaki/ Kaitiaki for the Mātaitai.
Q. What area does the proposed Mātaitai application cover?A. The area Tirua point to Harihari Bay.
Q. Can I be involved in the management of the Mätaitai Reserve?A. In many cases you can, many Mätaitai Reserves and Mätaitai Reserve applications outline the need for local community input into the management of the area.
Mätaitai Reserves
Mätaitai reserves are one of the suite of management tools created under Part IX of the Fisheries Act 1996. These are designed to give effect to the obligations stated in the Treaty of Waitangi Fisheries Claims Settlement Act 1992 to develop policies to help recognise use and management practices of Mäori in the exercise of non-commercial fishing rights. The Part IX tools provide practical recognition of the rights guaranteed to tängata whenua under the Treaty of Waitangi. Under the Customary Fishing Regulations (Kaimoana Customary Fishing Regulations 1998), tängata whenua may apply to the Minister of Fisheries to establish a mätaitai reserve on a traditional fishing ground for the purpose of recognising and providing for customary management practices and food gathering. A mätaitai reserve will have the following effect
· Excludes commercial fishing (though can be permitted through regulations);
· Does not exclude recreational fishing;
· Does not require recreational fishers to obtain permits or prevent non-Mäori from fishing;
· Does not prevent access to beaches or rivers not on private land;
· Allows for bylaws for fishing to be made. Criteria When considering whether to grant a mätaitai reserve, the Minister must take account of the following factors:
· That there is a special relationship between tängata whenua and the proposed mätaitai reserve;
· That the general aims of the proposed mätaitai reserve are consistent with sustainable management of the fishery;
· That the proposed mätaitai reserve is an identified traditional fishing ground and is of a size appropriate to effective management by the tängata whenua;
· That the Minister and tängata whenua agree on suitable conditions for the proposed mätaitai reserve;
· The local community to take fish, aquatic life, or seaweed for non-commercial purposes will not be unreasonably impacted;
· Persons with a commercial interest in a species will not be prevented from taking their quota entitlement or ACE within the Quota Management Area for that species;
· Persons with a commercial fishing permit for a non-quota management species will not be prevented from taking fish, aquatic life, or seaweed under their permit within the area for which that permit has been issued; and
· The proposed mätaitai reserve is not a marine reserve.
What should be contained in the application?The regulations, under Form 4 (attached), require that the application for a mätaitai reserve must contain:(a) The name and contact of the applicant(b) The name(s) of the proposed Tängata Tiaki/Kaitiaki for the mätaitai reserve(c) The boundaries of the proposed mätaitai reserve and a map(d) Relationship of the applicant to that fishing ground(e) The aims of management for the mätaitai reserve.
Appointment of Tängata Tiaki/Kaitiaki for a Mätaitai ReserveTängata Whenua must notify the Ministry of Fisheries on the approved form under regulation 17 of the Customary Regulations of their intention to nominate someone as Tängata Tiaki/Kaitiaki for the corresponding mätaitai reserve. There are no grounds for making submissions against Tängata Tiaki/Kaitiaki for a mätaitai reserve. It is a different process to the process for Tängata Tiaki/Kaitiaki for rohe moana.
Consultation The Ministry of Fisheries will consult with the following (through public meetings, newspaper advertisements and letters where applicable):
· Tängata Whenua (local runanga/iwi/marae)
· Recreational and Commercial Fishers
· Local Community/Community Boards
· Regional/District Councils
· Department of Conservation
· Te Puna Kokiri
· Te Ohu Kaimoana
· Conservation Groups Bylaws
Tängata Tiaki/Kaitiaki will recommend by-laws to be approved by the Minister of Fisheries, who will consider issues of sustainability. These by-laws will directly control the taking of fish for non-commercial purposes. An extensive consultation process with all affected parties is required to be undertaken by MFish prior to implementation.
Bylaws can restrict or prohibit the taking of fish, aquatic life, or seaweed (e.g. species, quantity, size, area, etc.) from within the whole or any part of the mätaitai reserve for the purpose of sustainable management. Bylaws apply to all persons fishing in the mätaitai reserve and cannot be used to exclude non-Mäori from utilising the fisheries resources. Bylaws apply only to those species managed under the Fisheries Act 1996. Recreational fishers must comply with the Fisheries (Amateur Fishing) Regulations 1986 when fishing within the mätaitai reserve and do not apply to those species managed under the Conservation Act 1987 (e.g. trout). Sport fishers must have the appropriate licence when fishing within the mätaitai reserve. ESTABLISHMENT PROCESS FOR MÄTAITAITängata Whenua or Tangata Tiaki/Kaitiaki apply to the Minister to establish a mätaitai in part of their rohe. |
Minister receives submissions from local community |
The Minister must publish notice of a meeting with the local community |
Minister publishes details of application twice in local newspapers Within 20 days of receipt of the application |
Minister and Tängata Whenua hold a meeting to consult the local community |
Tängata Whenua inform Minister of any amendments following consultation with local community |
Minister publishes application details inviting submissions from people with a harvesting interest in the proposed mätaitai |
Minister receives submissions |
Minister discusses any conditions with Tängata Whenua relating to the mätaitai that the Minister considers may be necessary to address issues raised by those submissions |
Yes - Minister declares an area to be a mätaitai |
No - Minister declines the application, notifying the applicant in writing |
Minister’s Decision(Regulation 20) |
Minister publishes details of the mätaitai in the Gazette |
Page last updated 4 Feb 2012
