Te Tau Ihu Forum Working Group Report recommendations to government:

1) Recognition and inclusion of Te Tau Ihu iwi Deeds of Settlement Acts and entitlements, and Treaty rights and interests.

2) Protection of Maori customary practices, customary non-commercial and commercial fishing rights of Te Tau Ihu iwi.

3) Compensation for loss of iwi commercial fishing opportunities.

4) Monitoring and recording of all fish harvested by recreational fishing boats, which includes chartered fishing vessels.

5) A requirement for chartered fishing vessels to purchase quota to operate in the Marlborough Sounds.

6) Te Tau Ihu iwi representation on the advisory group to manage the proposed recreational fishing park.

7) Provision in the boundary of the recreational fishing park for mataitai to be enacted under the new Marine Protected Areas legislation.

8) The Marlborough Sounds Recreational Fishing Park to have a term of 10 years with a right of renewal for a further 10 years.

Establishment of Mataitai Reserves What is a mataitai reserve? Mataitai reserves are areas where the tangata whenua manage all noncommercial fishing by making bylaws. The bylaws must apply equally to all individuals. mataitai reserves may only be applied for over traditional fishing grounds and must be areas of special significance to the tangata whenua. Generally there is no commercial fishing within mataitai reserves. Who can apply for a mataitai reserve? Only tangata whenua, or Tangata Kaitiaki/Tiaki nominated by tangata whenua, can apply for a mataitai reserve in any part of their rohe moana. Any disputes over the status of tangata whenua or Tangata Kaitiaki/Tiaki must be resolved before a mataitai reserve application is lodged. Who must be consulted on a mataitai reserve proposal? When a mataitai reserve application is received, the Minister must publicly notify the application twice in a newspaper circulating in the area of the proposed reserve. The Minister must also call for written submissions on the application from the local community in that area. After the closing date for submissions, the Minister must call a meeting near the proposed mataitai reserve. The local community must be consulted together by the tangata whenua and the Ministry of Fisheries. The regulations define local community as people who own land in the proximity of the proposed mataitai reserve, or people that 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. Do fishers have the right to make submissions on mataitai reserve proposals? Yes. After consulting the local community and learning of any changes that the tangata whenua have made to the application, the Minister must advertise the application and call for submissions from persons who own quota or fish, either commercially or as amateurs, in the area of the proposed mataitai reserve. The Ministry of Fisheries will decide which newspapers are used to notify a mataitai reserve. The Ministry will need to ensure that all interested parties are properly informed of the proposal. What happens if concerns are raised about a mataitai reserve proposal? If the Minister of Fisheries has concerns regarding a mataitai reserve proposal, these issues can be discussed with the applicants before the Minister makes a final decision. The tangata whenua and the Minister may wish to agree on conditions for the mataitai reserve in order to address issues raised in any submissions. This will increase the likelihood of mataitai reserve proposals meeting the necessary criteria, gaining final approval and being effective.