Hui Report Nov 2005

Report
Whakamaharatanga Marae Hui
Page 7

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A hui to discuss non-commercial fishing interests and Maori customary forums
10 - 11 November 2005

Race for Space

Scott Macindoe , option4

Between Hapu (see also spatial issues)

Industry has some concerns about the Pou Hononga initiative. Mr. Randell Bess , the MFish Spatial Allocations team manager has expressed that the moves to protect the coastline is a "race for space". This will ultimately lead to a race for space between hapu.

The Minister of Fisheries has to be satisfied the mataitai does not prevent commercial fishers from catching their quota within the Quota Management Area. In the case of paua and rock lobster, it is only a matter of time before a mataitai application is turned down due to failure of "prevention test". This conceivably leads one hapu to meet their aspirations for their rohe and another missing out because they were not quick enough to have their mataitai approved. Alternatively, the hapu that misses out could have to accommodate more commercial fishing effort in their rohe.

"Has every hapu in the country been told they are now racing each other? Because that is how it is." Ministry's answer was no.

MFish were advised they should inform all hapu about this issue so they are aware of the implications.

Industry has already indicated they are willing to go to court if a mataitai has an adverse impact on their ability to catch their quota. The success of the mataitai proposed for the Tory Channel was used as an example of possible court action as required to find a resolution to spatial issues.

Between Hapu and DoC – marine reserves

(see also spatial issues)

The race for space also applies to the Department of Conservation and their initiatives that will impose on hapu plans for their rohe. Hapu need to be aware of this threat as well.

DoC has indicated that mataitai would not necessarily qualify as a marine protected area. To meet this qualification it will have to pass a "Protection Standards" test. Whilst MFish and DoC have some understanding of these Protection Standards that are being formulated, the public have absolutely no idea what these   "standards" will look like.   What is known is that they are being formulated and that a public consultation process will be announced soon. This is more of the "make it up as you go" behaviour that the public have become accustomed to with the DoC approach to marine protection. The ridiculous mismatch of resourcing also seriously disadvantages tangata whenua as the Department of Conservation rushes to secure as much territory as possible.  

In the meantime hapu have no idea if their initiatives will "satisfy" DoC's strategy.

Graeme Morrell advised the hui, from his experience, there are some problems associated with mataitai he has been involved with, including the following:

• Land use surrounding mataitai not managed sustainably.
• Time frame for notifying mataitai applications is not adequate.
• Tangata whenua not engaging with other stakeholder groups.
• Failure of the Spatial Allocations team to understand the process to ensure the consultation between tangata whenua and the commercial stakeholders was sufficient.
• Maori need to be aware they are now 54% stakeholders in commercial fishing so need to take this factor into account.

Tauranga Executive Forum

Tom Moana , Tainui

The Executive Forum consists of all the chairmen of the regional iwi Forums. The most recent hui of the Executive Forum was held in Tauranga on October 10 th and was attended by Sonny Tau, facilitator Hokianga Accord, Tom Moana, Nga Hapu O Te Uru, Tom Paku and Manny Mokomoko from the customary Forums further south.

Members of the Executive Forum had heard what the Hokianga Accord was doing and were keen to listen to Sonny and learn. They all expressed their appreciation with the sharing of information and would be reporting back to their respective Forums.

One of the Forum's tasks was to work through the draft Terms of Reference with the Pou Hononga team in attendance. The draft Terms had been supplied by Carl Ross's team.

After the hui the record of the meeting was circulated to the chairmen. There was some discrepancy with the official record taken of the meeting and what the chairmen recalled. The chairmen agreed that it seemed like the Ministry were trying to set the Executive meeting up the way they wanted it to be rather than how it actually worked out. The issue of accurate recording of meeting will need to be addressed before the next Executive Forum hui.

Despite the initial hiccup, the Executive Forum is seen as a useful vehicle for the exchange of information and development of new regional forums along the most successful path. It could be that the newer forums could incorporate a similar structure as the Hokianga Accord by including recreational fishing interests.

The chairmen did not feel the facilitator supplied by MFish added any value to the Tauranga hui and would prefer if the Pou Hononga of the area hosting the Executive Forum records the discussions held during the meeting.

Tainui's perspective is that the Executive Forum has the potential to be very good as more regional forums are established.

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Friday 11th November

The Hokianga Accord was due to appoint/elect an executive to manage the Forum's affairs. Considering all the feedback, including that from MFish, had not been incorporated into the Kaupapa Whakahaere it was debatable if the elections would be held at this hui or at a later stage. Some discussion was required to reach an agreement on appointing an executive.

It was agreed the Working Group already established would continue to work on the Kaupapa Whakahaere (MOU) and report back with another draft before the next hui. A meeting of the Working Group and a team from Ministry is scheduled for December 7 th ; this discussion would help with the development of the MOU.

Aotea (Great Barrier Island) Marine Reserve

Bill Cooke asked the Hokianga Accord if there was any way the Forum could help in the situation facing the residents of Aotea and those who are concerned about the marine reserve that has been approved by the Minister of Conservation. The reserve, on the northeastern coast of Great Barrier, only needs the concurrence (agreement) of the Minister of Fisheries before it is finalised.

Sonny advised the hui that he was due to meet the Prime Minister in the next hour or so and he would mention the concerns about the reserve to her.

Carl Ross

Stan Crothers made a commitment at the previous hui that the Ministry of Fisheries would go to the island to discuss the marine reserve application put forward by the Department of Conservation. A meeting has been arranged for Saturday 19 th November, all the main parties had been invited and MFish would be attending.

It would be an opportunity for "those who are there to have their say". The Ministry want to satisfy themselves that consultation has been conducted and do not want to be seen to be just ticking off DoC's process.

Keni Piahana

Aotea Pou Hononga, MFish  

The hui at Great Barrier Island on November19 th was about bringing "Ngati Wai and Ngati Rehua people on the island up to speed about the concurrence process. That's going to be an opportunity to look at the process. Secondly, it's an opportunity to be able to reflect the type of information that the Ministry is aware of and has observed about the process to date.   And to give some reflection on whether that type of information can or can't be included into a concurrence process. So it's a matter of reflecting that quality of information or status of that type of information. That's the first part of the morning. "

" Up to date, the Ministry of Fisheries has essentially observed the process that the Minister of Conservation has undertaken in respect to the application for the marine reserve. At the end of that process the Ministry of Fisheries provides a concurrence, a view on whether they concur with the recommendation for the reserve or not."

" At this point in time the primary issue is to look to the scope of that meeting, is the impact of the reserve on customary fishing. That's why its been focussed down to the Ngati Rehua, Ngati Wai community, at this point."

  " The second part of the day is to allow tangata whenua, primarily the older people, like Harry [ Walker ] and co, to be able to state, in front of Stan and the Ministry, the impact on their customary fishing that the marine reserve would have."

  " That's how the day has been organised. Within that time also Ngati Wai, as iwi authority have an interest so there's been a structuring of an option for Ngati Wai to present to the Ministry of Fisheries as well."

" Because we are looking to focus on the impact on customary fishing that's why it's [the meeting] has been structured in that way."

MFish are going to Motairehe Marae to hear the issues in a combined way.

MFish are in no position to say to anyone, don't go. Marae are open to anyone. Sonny committed to ringing a few people between the end of the hui and the following weekend to find out more. Sonny would confirm, through Scott Macindoe, the marae would welcome other people to this hui and that those people would have an opportunity to talk to the hui.

The Ministry were asked if they plan to consult with anyone else apart from those who attend the hui at Motairehe Marae. Kenny was not aware of any other consultation plans. MFish always had the intention of talking with Ngati Wai and Ngati Rehua.

Jodi Mantle was unaware of any plans for MFish to consult with recreational fishers regarding the Aotea reserve. Jodi committed to talking with Mr. Randell Bess , the Spatial Allocations team manager, and would confirm Ministry's intention regarding further consultation on this reserve.

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