Ngati Haua Deed of Settlement - Terabyte Interactive

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NGĀTI HAUĀ DEED OF SETTLEMENT6: CULTURAL REDRESS: TUPUNA AWA6.25.2 the single set of regulations applying to all or any part of the sub-catchmentmust be made under both section 93(1) of the Waikato River Act and section58(1) of the Upper Waikato River Act.6.26 Clauses 6.23 to 6.25 do not affect the ability for regulations to be made for the WaikatoRiver outside of the sub-catchment under section 93(1) of the Waikato River Act orsection 58(1) of the Upper Waikato River Act.Fisheries regulations (customary fishing)Extension to sub-catchment6.27 A regulation that is made in accordance with section 93(3) of the Waikato River Act tomanage customary fishing on the Waikato River shall be made with application to thesub-catchment, and shall be expressed to apply to the sub-catchment.Fisheries regulations (enabling bylaws to be made)Extension to sub-catchment6.28 A regulation that is made in accordance with section 93(4) of the Waikato River Actproviding for Waikato-Tainui to recommend the making of bylaws restricting orprohibiting fishing on the Waikato River shall, in addition, provide for Waikato-Tainui torecommend the making of such bylaws in respect of the sub-catchment.Co-ordinated process for developing bylaws6.29 Clauses 6.30 to 6.32 apply where -6.29.1 regulations have been made in accordance with section 93(4) of the WaikatoRiver Act and section 58(3) of the Upper Waikato River Act; and6.29.2 under those regulations, as extended by clause 6.28, the Waikato RaupatuRiver Trust and the trustees of each Trust referred to in section 6(1) of theUpper Waikato River Act (the contributing parties) may recommend themaking of bylaws in respect of the sub-catchment.6.30 In exercising their powers to recommend a bylaw in respect of the sub-catchment, thecontributing parties -6.30.1 must, after co-operation between them, recommend a joint bylaw in writtenform; and6.30.2 must only recommend a bylaw that is consistent with the overarching purposeof each of the Waikato River Act and the Upper Waikato River Act.6.31 The Minister for Primary Industries must make any bylaw recommended under clause6.30, unless the Minister is satisfied that the proposed bylaw would have an undueeffect on fishing.6.32 A bylaw that is made on the recommendation of the contributing parties in accordancewith clause 6.30 -6.32.1 is taken to be made pursuant to regulations made in accordance with section93(4) of the Waikato River Act and section 58(3) of the Upper Waikato RiverAct; and55
NGĀTI HAUĀ DEED OF SETTLEMENT6: CULTURAL REDRESS: TUPUNA AWA6.32.2 takes effect in the sub-catchment on a date notitied in the Gazette by theMinister for Primary Industries.Integrated river management plan and Upper Waikato integrated management planExtension of fisheries and conservation components of Waikato River integrated rivermanagement plan to sub-catchment6.33 The conservation component and fisheries component of the integrated rivermanagement plan (referred to in sections 35(3)(a) and 35(3)(b) respectively of theWaikato River Act) may contain provisions applying to the sub-catchment.Extension of other components of the integrated management plan to sub-catchment onagreement6.34 The Waikato Raupatu River Trust and the Waikato Regional Council may agree thatprovisions of the regional council component of the integrated management plan(referred to in section 35(3)(c) of the Waikato River Act) shall apply to the subcatchment,and those provisions shall apply according to the terms of the agreement.6.35 The Waikato Raupatu River Trust and an agency that has agreed a component of theWaikato River integrated management plan (referred to in section 35(3)(d) of theWaikato River Act), may agree that provisions of the component shall apply to the subcatchment,and those provisions shall apply according to the terms of the agreement.Co-ordinated process for extension of components of integrated management plans to subcatchment6.36 Provisions of the components that under clauses 6.33 to 6.35 apply to the subcatchmentmust be prepared in accordance with Schedule 7 of the Waikato River Act,including the modifications set out in clauses 6.37 to 6.41.6.37 Clauses 6.38 to 6.41 apply to the preparation of -6.37.1 provisions of components of the integrated management plan to the extentthat those provisions apply to the sub-catchment (under clauses 6.33 to 6.35);and6.37.2 provisions of components of the Upper Waikato River integrated managementplan to the extent that those provisions apply to the sub-catchment inaccordance with Part 2 of the Upper Waikato River Act.6.38 The process in Schedule 7 of the Waikato River Act and Schedule 5 of the UpperWaikato River Act must be carried out simultaneously as a single co-operative processinvolving the following parties (the contributing parties):6.38.1 the Waikato Raupatu River Trust; and6.38.2 the trustees of each trust referred to in section 6(1) of the Upper WaikatoRiver Act relevant to the particular component; and6.38.3 the department, local authority or agency relevant to the particular component.6.39 To the extent provisions of components of the integrated river management plans applyto the sub-catchment, references to “the integrated river management plan” and “theplan” in Schedule 7 of the Waikato River Act are to be read as references to provisions56
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Ngati Haua Deed of Settlement - Terabyte Interactive

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