Customary fisheries and traditional fishing-grounds

The customary fishing regulations formally recognise the special relationship between tangata whenua and places of spiritual and cultural importance.

Through them, iwi and hapū manage their non-commercial fishing in a way that best fits their local practices, and has minimum impact on the fishing rights of others.

To use the customary fishing regulations, iwi and hapū groups decide who has tangata whenua status over defined areas or rohe moana. This status can be shared by a number of iwi and hapū groups, who then choose and nominate people to act as guardians for particular fishing-grounds. These are called Tangata Kaitiaki in the North and Chatham Islands, and Tangata Tiaki in the South and Stewart Islands.

Tangata whenua can also ask for special management areas – ‘mātaitai reserves’ and ‘taiapure-local fisheries’ – to cover their traditional fishing-grounds.

Mātaitai reserves help to ensure fisheries resources are available for customary food-gathering. Mātaitai reserves allow guardians to manage their fisheries sustainably for customary purposes. Within mātaitai reserves, guardians can recommend bylaws to the Minister of Fisheries to change the rules for customary and recreational fishing. Normally, commercial fishing is not allowed within these reserves, but guardians can recommend regulations to the Minister of Fisheries to restore limited commercial fishing.

Bylaws for non-commercial fishing within reserves must apply equally to all people, with only one exception; if a reserve is closed for general harvesting, guardians may allow seafood to be taken to meet the needs of the marae belonging to the tangata whenua of the reserve.

A taiapure-local fishery may be established in an area that has customarily been of special significance to an iwi or hapū as a source of food, or for spiritual or cultural reasons. A taiapure-local fishery can be established over any area of estuarine or coastal waters.

All fishing (including commercial fishing) can continue in a taiapure-local fishery, allowing tangata whenua to become involved in the management of both commercial and non-commercial fishing in their area. The management committee for a taiapure-local fishery can provide advice and recommendations to the Minister of Fisheries for regulations to manage local fisheries.

Currently eight mātaitai reserves have been established – three in the North Island: Hawke’s Bay, eastern Bay of Plenty and Aotea Harbour; and five in the South Island: Banks Peninsula, Lyttelton Harbour, Stewart Island, Kaka Point and the Mataura River. Several other iwi and hapū groups have lodged or are planning to lodge applications.

Eight taiapure-local fisheries have also been established – five in the North Island: southern Wairarapa, Bay of Plenty, southern Hawke’s Bay, Northland and Waikato areas; and three in the South Island: Banks Peninsula, Delaware Bay and East Otago.

Without the customary fishing regulations, iwi and hapū can only take fish for important events under provisions contained in the recreational fishing regulations. The regulations enable marae to honour guests by providing seafood at events like hui and tangi. It gives no more control over their fisheries than this, and does not provide for other types of customary purposes or management.