Abel Tasman Foreshore Scenic Reserve Draft Management Plan

2.2.1 Legislation
The classification of Abel Tasman Foreshore Scenic Reserve as a scenic reserve under
section 19(1)(a) of the Reserves Act 1977 provides a high degree of protection to its
indigenous plants and animals. The Reserves Act 1977 states that:
3(1)(b) ‘Ensuring, as far as possible, the survival of all indigenous species of flora
and fauna, both rare and commonplace, in their natural communities and
habitats…
19(2)(a) ‘… the indigenous flora and fauna, ecological associations … shall as far as
possible be preserved …’
An authorisation (see section 8.4 ‘Other authorisations for non-commercial
activities’) is required for customary use, except for fishing and seaweed harvesting
(see section 2.2.2 ‘Fishing (including shellfish) and seaweed harvesting’).
Conservation General Policies 2(g) and 4.1(e) (see Appendix 10) set out the criteria
by which the customary use of traditional materials and indigenous species may be
authorised.
In addition, Conservation General Policy 4.4(h) (see Appendix 10) identifies that
tangata whenua will be provided with access to the remains of dead marine protected
species for customary use consistent with relevant legislation and agreed protocols.
Given the reserve context, both the Administration Committee and tangata whenua,
as kaitiaki/guardians, have a responsibility to ensure that indigenous plants and
animals are preserved for future generations.
2.2.2 Fishing (including shellfish) and seaweed harvesting
Customary use of fish (including shellfish) and seaweed is permitted within the
reserve under Conservation General Policy 2(g), 4.1(e), 4.1(f) and 4.4(h) (see
Appendix 10), provided it is in accordance with the general authorisation (see
Appendix 6) and relevant fisheries legislation. (See section 3.1.2 ‘Fishing and the
taking of seaweed and driftwood’ for non-customary fishing and harvesting.)
When the foreshore was classified as a scenic reserve, the right to take or kill
indigenous fauna for commercial fishing purposes was retained as a condition of
establishment of the reserve. A concession is required for commercial fishing or
taking of seaweed. Any applications to undertake commercial customary takes of fish
or seaweed should be declined, in accordance with section 8.3.4 ‘Coastal fishing’.
2.2.3 Dead animals and plants
If an animal of cultural significance to tangata whenua dies, or washes up dead, on
the reserve; or a tree of cultural significance to tangata whenua falls onto the reserve,
then the materials should be offered to tangata whenua for customary use. Regard
needs to be given to Conservation General Policy 4.4(h) (see Appendix 10) as well as
protocols developed with tangata whenua, particularly in relation to dead marine
mammals.
2. Treaty of Waitangi 17