Section 186 FA 1996

Section 186 Fisheries Act 1996

PART 9 - Taiapure -Local Fisheries and Customary Fishing

Customary fishing

186.Regulations relating to customary fishing-

1. The Governor-General may from time to time, by Order in Council, make regulations recognising and providing for customary food gathering by Maori and the special relationship between tangata whenua and places of importance for customary food gathering (including tauranga ika and mahinga mataitai), to the extent that such food gathering is neither commercial in any way nor for pecuniary gain or trade.
2. Without limiting the generality of subsection (1) of this section, regulations made under that subsection may-

[(a)Declare the relationship between such regulations and general fishing regulations and regulations relating to taiapure-local fisheries; and declare that the first-mentioned regulations are to prevail over the other regulations: ]

(b)Empower the Minister to declare, by notice in the Gazette , any part of New Zealand fisheries waters to be a mataitai reserve; and any such regulations shall require that, before any such notice is given, the Minister and the tangata whenua shall consult with the local community and the Minister shall have regard to the need to ensure sustainability in relation to the reserve:

(c)Provide for such matters as may be necessary or desirable to achieve the purpose of this Act in relation to mataitai reserves, including general restrictions and prohibitions in respect of the taking of fish, aquatic life, or seaweed:

(d)Empower any Maori Committee constituted by or under the Maori Community Development Act 1962 , any marae committee, or any kaitiaki of the tangata whenua to make bylaws restricting or prohibiting the taking of fish, aquatic life, or seaweed:

(e)Empower any such Maori Committee, marae committee, or kaitiaki to allow the taking of fish, aquatic life, or seaweed to continue for purposes which sustain the functions of the marae concerned, notwithstanding any such bylaws.

3. The following provisions apply in relation to bylaws made under regulations made under subsection (2)(d) of this section:

(a)Every restriction and every prohibition imposed on individuals by such bylaws shall apply generally to all individuals:

(b)Bylaws shall not come into force until they have been approved by the Minister and have been published in the Gazette:

(c)The publication in the Gazette of bylaws purporting to have been approved under this subsection shall be conclusive evidence that the bylaws have been duly made and approved under this section.

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