Customary Fisheries

Maori customary fishing rights for traditional ‘non-commercial' purposes were recognised in the 1992 Deed of Settlement. The Minister of Fisheries is required to make allowances for customary harvest when setting the TAC, which ensure the sustainability of fish stocks under customary fishing regulations.

Iwi and hapu decide who has tangata whenua status over a fishery, nominate people to act as Guardians (Tangata Kaitiaki or Tangata Tiaki), who are then appointed by the Minister of Fisheries. The kaitiaki are authorised to issue permits to catch fish in their area for customary use, and must keep records and report these catches to the Ministry of Fisheries.

Iwi and hapu can seek approval for the establishment of special fisheries areas - mataitai reserves and taiapure, within which kaitiaki can effect rules to govern customary and recreational fishing within the traditional fishing grounds. By February 2006, 39 iwi and hapu had confirmed their status as tangata whenua over their fisheries, with 278 guardians appointed, and six mataitai reserves created.