More mātaitai information

Background

The recognition of customary (non-commercial) fishing was part of the Treaty of Waitangi (Fisheries Claims) Settlement Act 1992, which allowed for:

• taiāpure/local fisheries (1996 Act, sections 174–185)
• temporary measures (1996 Act, sections 186A/B): area closures and restrictions or prohibitions on fishing methods
• mātaitai reserves (fishing regulations)

Section 10 of the 1992 Act refers to the Crown developing regulations to:

• Recognize and provide for customary food gathering
  Customary food gathering means the traditional right to take and manage fisheries resources for a purpose authorized by Tangata Tiaki/Kaitiaki consistent with tikanga Māori, and which is neither commercial nor for pecuniary gain or trade.
• Recognize the special relationship between tangata whenua and places of importance for customary food gathering

Mātaitai reserves are created in areas of traditional importance to Māori for customary food gathering. Within them, tangata whenua are authorized by the Minister of Fisheries to manage and control the non-commercial harvest of seafood through a local committee.

A tangata tiaki/kaitiaki can recommend bylaws to manage customary food gathering in keeping with local sustainable management practices (via the Minister) and issue customary food authorizations.

These reserves are permanent but the bylaws can change over time. Once a mātaitai reserve is established, commercial fishing is not allowed unless recommended by the tangata tiaki/kaitiaki. Māori and non-Māori may fish in mātaitai reserves.

What will a Mātaitai Reserve do?

A mātaitai reserve:

• Does not exclude recreational fishing
• Does not require recreational fishers to obtain permits or prevent non-Māori from fishing
• Does not prevent access to the area within a mātaitai reserve or change any restrictions to access private property
• Only applies to those fisheries subject to the Fisheries Act 1996
  - all marine species except those protected under the Wildlife Act
  - all freshwater species except whitebait and sports fish
• Allows for bylaws for fishing to be recommended
• Excludes commercial fishing (although it can be reinstated via Reg. 24 of the South Island Regulations). A commercial vessel:
  - cannot land commercial catch within a mātaitai reserve;
  - cannot use holding pots within a mātaitai reserve; but
  - can travel through a mātaitai reserve to unload fish outside the mātaitai reserve;
  - can moor within a mātaitai reserve even with fish on board; and
  - can be used for recreational fishing within a mātaitai reserve for the authorized time only and to the extent that the permit provides (s 111).

Application process

The Mātaitai Reserve application is sent to the Minister of Fisheries. Once received, the details of the application must publish twice in a newspaper circulating in the area of the proposed reserve. The notice invites written submissions on the application from the "local community" in that area. After the closing date for submissions, the Minister and the tangata whenua consult the local community. These are people who own land in the proximity of the proposed mātaitai reserve, or people who have been resident in the area for at least three months in the preceding three years. The tangata whenua may amend their application following consultation with the local community.

If the Minister of Fisheries has concerns regarding a Mātaitai Reserve application, these issues can be discussed with the applicants before the Minister makes a final decision. The tangata whenua and the Minister may agree on conditions for the reserve in order to address issues raised in any submission. This will increase the likelihood of applications meeting the necessary criteria, gaining final approval and being effective.

Further information is also available here.

Last modified: 07 November 2011