2015/271

Fisheries (Akaroa Harbour Taiapure) Order 2015

Jerry Mateparae, Governor-General

Order in Council

At Wellington this 16th day of November 2015
Present:His Excellency the Governor-General in Council

Pursuant to section 175 of the Fisheries Act 1996, His Excellency the Governor-General, acting on the advice and with the consent of the Executive Council and on the recommendation of the Minister for Primary Industries made in accordance with section 176 of that Act, makes the following order.

Contents

1
Title

2
Commencement

3
Akaroa Harbour taiapure constituted

4
Revocation of Fisheries (Akaroa Harbour Taiapure) Order 2006

Schedule Akaroa Harbour taiapure

Explanatory note

Administrative Information

Order

1 Title


This order is the Fisheries (Akaroa Harbour Taiapure) Order 2015.

2 Commencement


This order comes into force on 20 December 2015.

3 Akaroa Harbour taiapure constituted


The New Zealand fisheries waters (being estuarine or littoral coastal waters) described in the Schedule are a taiapure-local fishery.

4 Revocation of Fisheries (Akaroa Harbour Taiapure) Order 2006


The Fisheries (Akaroa Harbour Taiapure) Order 2006 (SR 2006/28) is revoked.

Schedule Akaroa Harbour taiapure

cl 3

Akaroa Harbour and Damons Bay waters

(1)

All the marine and estuarine waters of the Akaroa Harbour and Damons Bay, other than those described in subclauses (2) and (3), that are enclosed by a line—

(a)

commencing at a point on the mean high-water mark to the south-west of Dyke Head at 43°52.996′S and 173°00.769′E; then

(b)

proceeding in a straight line in a south-easterly direction for approximately 0.5 kilometres (0.3 nautical miles) to a point offshore at 43°53.234′S and 173°00.959′E; then

(c)

proceeding in a straight line in a south-westerly direction for approximately 5.5 kilometres (3 nautical miles) to a point offshore at 43°54.230′S and 172°57.140′E; then

(d)

proceeding in a straight line in a northerly direction for approximately 0.7 kilometres (0.4 nautical miles) to a point on the mean high-water mark at Timutimu Head at 43°53.900′S and 172°56.960′E; then

(e)

proceeding along the mean high-water mark in a generally northerly then south-easterly direction to the point of commencement specified in paragraph (a).

(2)
The taiapure does not include the Akaroa Marine Reserve as described in the Schedule of the Marine Reserve (Akaroa) Order 2014.

(3)

The taiapure does not include the areas known as the marine farming areas of Sea-Right Investments Limited and Akaroa Salmon New Zealand Limited which encompass the following waters of Akaroa Harbour:
Sea-Right Investments Limited (Ohinepaka Bay)

(a)

the waters enclosed by a line—

(i)

commencing at a point at 43°50.31′S and 172°54.53′E; then

(ii)

proceeding to a point at 43°50.25′S and 172°54.53′E; then

(iii)

proceeding to a point at 43°50.25′S and 172°54.62′E; then

(iv)

proceeding to a point at 43°50.31′S and 172°54.62′E; then

(v)

proceeding back to the point of commencement:

Sea-Right Investments Limited (Mat Wight Bay)

(b)

the waters enclosed by a line—

(i)

commencing at a point at 43°51.36′S and 172°54.79′E; then

(ii)

proceeding to a point at 43°51.44′S and 172°54.93′E; then

(iii)

proceeding to a point at 43°51.52′S and 172°54.85′E; then

(iv)

proceeding to a point at 43°51.44′S and 172°54.71′E; then

(v)

proceeding back to the point of commencement:

Akaroa Salmon New Zealand Limited (Titoki Bay)

(c)

the waters enclosed by a line—

(i)

commencing at a point at 43°51.73′S and 172°54.92′E; then

(ii)

proceeding to a point at 43°51.79′S and 172°55.10′E; then

(iii)

proceeding to a point at 43°51.85′S and 172°55.06′E; then

(iv)

proceeding to a point at 43°51.78′S and 172°54.88′E; then

(v)

proceeding back to the point of commencement:

Akaroa Salmon New Zealand Limited (Lucas Bay)

(d)

the waters enclosed by a line—

(i)

commencing at a point at 43°52.13′S and 172°55.24′E; then

(ii)

proceeding to a point at 43°52.14′S and 172°55.36′E; then

(iii)

proceeding to a point at 43°52.20′S and 172°55.36′E; then

(iv)

proceeding to a point at 43°52.19′S and 172°55.24′E; then

(v)

proceeding back to the point of commencement.

Michael Webster,Clerk of the Executive Council.

Explanatory note

This note is not part of the order, but is intended to indicate its general effect.
This order replaces the Fisheries (Akaroa Harbour Taiapure) Order 2006 under which the Akaroa Harbour taiapure was previously constituted. The order comes into force on 20 December 2015. The order expands the area of the Akaroa Harbour taiapure-local fishery to include the area between Elephant Head and Manukatahi Stream, known as the Dan Rogers area. The inclusion of this area in the taiapure is consistent with the recommendation of a Māori Land Court tribunal. The order also adjusts some of the boundaries of the taiapure to align with adjoining reserves and to correct the co-ordinates.

Regulatory impact statement

The Ministry for Primary Industries produced a regulatory impact statement on 26 August 2015 to help inform the decisions taken by the Government relating to the contents of this instrument.

A copy of this regulatory impact statement can be found at—

http://www.mpi.govt.nz/law-and-policy/legal-overviews/regulatory-impact-statements/
http://www.treasury.govt.nz/publications/informationreleases/ris

Issued under the authority of the Legislation Act 2012.
Date of notification in Gazette: 19 November 2015.
This order is administered by the Ministry for Primary Industries.