Internal Guidelines for new section 186 regulations

Ministry of Fisheries Internal Guidelines: Providing advice on the development of new customary regulations under section 186 of the Fisheries Act 1996

Section 10(c) of the Treaty of Waitangi (Fisheries Claims) Settlement Act 1992 requires the Minister of Fisheries to recommend the making of regulations to recognise and provide for customary food gathering by Maori and the special relationship between tangata whenua and those places which are of customary food gathering importance. Section 186 of the Fisheries Act 1996 provides for the Minister of Fisheries to recommend the making of regulations relating to customary food gathering.

There may be particular circumstances when existing regulations made under section 186 of the Fisheries Act 1996 do not sufficiently recognise and provide for customary food gathering, or the special relationship between tangata whenua and those places of customary food gathering importance. This could lead to requests by tangata whenua for new non-commercial customary fishing regulations to be made under section 186 of the Fisheries Act 1996.

After consulting with Maori and commercial fishing sector representatives, the Ministry of Fisheries has developed internal guidelines to assist officials to assess and provide advice on proposals for new section 186 fishing regulations. The Ministry of Fisheries considers that guidelines are required because section 186 of the Fisheries Act 1996 is a broad regulation-making provision. The internal guidelines will be useful for Ministry officials and explain to tangata whenua and stakeholders in a transparent way the matters that should be considered when preparing advice to the Minister of Fisheries on requests for new section 186 regulations.

 Download Internal Guidelines for new section 186 regulations (PDF 109kb)