MINISTRY OF FISHERIES

Te Tautiaki i nga tini a Tangaroa

29 January 2002
Mr Scott Macindoe

Dear Scott

Thank you for all the feedback that you provided on the draft consultation plan. Several good points were made and we have attempted to accommodate as much as is possible while recognising that trade offs must be made. An amended plan is attached for your information. We took particular notice of the points made about the cost of participating in processes of this nature and the issue of the location of seminars.

In response we have decided to develop a series of occasional papers dealing with the issues that we identified as seminar topics for wide distribution. MFish will obtain experts to write or review these papers as appropriate. Details of these papers are contained in the amended report attached. MFish will hold seminars to discuss the papers where there is a demand while recognising that resources are limited. MFish will also seek to have at least one seminar discussion in each major region. This will allow everybody to participate and to discuss their most pressing concerns with MFish and other speakers. With this amended plan we are able to hold seminars later in the year and retain some flexibility about the exact location and subject matter. These issues can be discussed at a later date.

Some elements of the plan are constrained by cabinet decisions and requirements. In particular this includes the cabinet decision making process and the development of balanced advice with input from all stakeholders and relevant departments.

There are several opportunities for stakeholder input in the next year. During the formal consultation processes MFish will request your views and note these in cabinet papers. Similarly the Select Committee will formally request your views and input. However there is also opportunity for less formal presentation of viewpoints or proposals to MFish.

Thanks again for your input. We will contact you soon with a timeline for the release of papers and discussions on seminar dates and locations.
Yours sincerely

Dylan James
Senior Policy Analyst
Ministry of Fisheries

Recreational Fishing Reform: Action Plan 2002-03

Background

This overall process will aim to support the development of policy advice from the Ministry to the government to enable the cabinet to make decisions on recreational management reform in 2003. It will also aim to help stakeholders who participate to make their viewpoints known to the Ministry and subsequently to the Minister with good knowledge about the framework within which decisions will be made. The deadlines that define the stages of the process are:

• The Minister of Fisheries must report back to Cabinet with a recommended option for reform by 1 February 2003
• The Minister of Fisheries must report back to Cabinet on the outcome of public consultation on the recommended option by 1 June 2003

Opportunities for stakeholder involvement in the process

There are several opportunities for stakeholder involvement throughout the process:

• Policy discussions at seminars held by MFish on issues of importance to stakeholders
• Informal proposals for incorporation into the Ministry's recommended option
• Formal input into the public consultation
• Formal input into the Select Committee process

Phase one: February - July 2002

Occasional Papers and Seminars

The consultation processes to date have identified some issues of concern to stakeholders and the Cabinet has outlined some constraints and objectives of future policy development. In order to address these issues and concerns MFish will commission papers on the issues of most concern. Where demand exists, seminars can be held discussing the papers with stakeholders. MFish can provide experts to speak where this is beneficial. These meetings will consist of a presentation followed by discussion and consideration of different viewpoints on the issue at hand.

Suggested topics include:

• The Treaty of Waitangi and the Fisheries Settlement Act and their implications for fisheries management
• International obligations, common law rights and related issues
• Property rights and their application to natural resource management including the QMS and the management of commercial fisheries under the Fisheries Act.
• Environmental objectives of government including the Fisheries Act and the Marine Reserves Act
  

Given that there are stakeholders around the country and participation can be expensive, seminars will be held in the regions and only where a demand is demonstrated. Seminars can be tailored to the concerns of different regions and scheduled in consultation with stakeholders.

The objectives of this phase are to foster a broad understanding of how options might meet the objectives and constraints that cabinet has set for the development of options for reform. It will also serve to make information available on the broader policy environment. MFish encourages people to take advantage of experts and papers that we provide and to this end MFish will publish the papers on it's website.

MFish will be happy to consider proposals for incorporation into the policy development process from stakeholders at any time during this phase (prior to the formal input in the consultation phase). Options will need to address the objectives that government has identified and to be achievable within the constraints that have been set.

Phase two: August 2002 - February 2003

Cabinet decisions on consultation options

The Cabinet deadline requires the Minister to report back with a recommended option for public consultation by February 1 2003. The role of the Ministry is to provide advice to the Minister to enable him to achieve that. During this phase it is important to note that the Ministry does not make decisions ? that is the role of the Minister and the government. The Ministry is however tasked with providing balanced advice in order to inform the government in its decision?making role.

A core role of the Ministry is to provide advice to the Minister regarding his requests for advice to cabinet. There are strict guidelines around the development of cabinet papers. These include consultation with other departments and the incorporation of their views into recommendations. The cabinet paper development process remains confidential until the decision has been made. There is no direct role for stakeholders during the development of cabinet papers. The Minister may release cabinet papers to the public subsequent to decisions being made.

Phase three: February 2003 - June 2003

Public Consultation on the recommended option

The Cabinet requirement is for MFish to report back with the results of public consultation by 1 June 2003. Once the cabinet has approved an option for public consultation (see above) the Ministry will conduct a public consultation process. The exact nature of this process is yet to be finalised but would include a discussion document, focus groups and website publications. There is a significant role for stakeholders during this process that includes feedback on the recommended option and articulation of their views to be included in cabinet recommendations.

Phase Four: July 2003 - December 2003

Select Committee consideration of legislative change
There is a further major role for stakeholders should legislative amendments be contemplated via the Parliamentary Select Committee process. This allows stakeholders to submit their views on legislative amendments while they are under consideration by the Select Committee. This is a formal process that allows stakeholders to discuss issues directly with decision makers in government before the parliament makes final decisions on amending the law.