Fisheries (Ngāti Tūwharetoa, Raukawa, and Te Arawa River Iwi) Regulations 2017.
Country
Type of law
Regulation
Abstract
These Regulations, which are made under section 186 of the Fisheries Act 1996 and section 58(2) and (3) of the Ngati Tuwharetoa, Raukawa, and Te Arawa River Iwi Waikato River Act 2010, provide for Ngāti Tūwharetoa, Raukawa, and Te Arawa River Iwi to undertake customary gathering in the Upper Waikato fisheries area and, in the case of Raukawa, also in the sub-catchment, through the issuing of customary authorisations in respect of fisheries resources managed under the Fisheries Act 1996. Regulation 2 specifies that only when the stated precondition is met do the Fisheries (Kaimoana Customary Fishing) Regulations 1998 cease to apply to the management of customary gathering in the Upper Waikato fisheries area and the sub-catchment.
Regulation 6(1) defines the activities that are customary gathering activities for specified purposes, subject to an activity being consistent with the terms of the 2010 Act, any applicable environmental plan, and section 186 of the Fisheries Act 1996 (which stipulates that an activity must be neither commercial in any way nor for pecuniary gain or trade). Regulation 9 provides for applications to be made for customary authorisations; regulations 10 and 11 provide for the issuing and the use of customary authorisations. Regulations 21, 22, and 23 set out, respectively, the offences that apply under the regulations, certain defences that may be raised in any proceedings for an offence against these regulations (including the defence under section 241 of the Fisheries Act 1996), and the applicable penalties.
Regulation 6(1) defines the activities that are customary gathering activities for specified purposes, subject to an activity being consistent with the terms of the 2010 Act, any applicable environmental plan, and section 186 of the Fisheries Act 1996 (which stipulates that an activity must be neither commercial in any way nor for pecuniary gain or trade). Regulation 9 provides for applications to be made for customary authorisations; regulations 10 and 11 provide for the issuing and the use of customary authorisations. Regulations 21, 22, and 23 set out, respectively, the offences that apply under the regulations, certain defences that may be raised in any proceedings for an offence against these regulations (including the defence under section 241 of the Fisheries Act 1996), and the applicable penalties.
Attached files
Web site
Date of text
Entry into force notes
These Regulations enter into force on the 28th day after the date of their notification in the Gazette.
Repealed
No
Source language
English
Legislation status
in force
Legislation Amendment
No
Implements