South Island Customary Fishing Regulations

Mediation 

In 2020, a mediation process was initiated by MPI to resolve the issues that we and other iwi had relating to our overlapping interests across the rohe moana and to ascertain how we may collectively implement the SICFR.  

Since then, and with some delays due to Covid, we have been involved in mediation with the different parties to agree iwi rohe moana for inclusion into the regulations.  

As a group, we have agreed to extend the mediation process until May 2024 to try to meet the requirements of the SICFR and, in particular: 

• To continue to work with other parties to the dispute on an acceptable resolution of our concerns.  
• To define areas of authority of tangata whenua, including the identification and agreement of rohe moana for each iwi.  
• For each iwi to nominate kaitiaki across its rohe moana.  
• To formally adopt the regulations  - with a provision that a tikanga-led kaitiaki framework be developed to manage and administer the customary fisheries within Te Tauihu (see ‘Kawenata’ below) 

If iwi cannot reach an agreement in mediation, we will be forced into the next stage of the dispute resolution process - arbitration.  

Arbitration is legally binding, with little recourse to action should the outcome be unfavourable.  

We are working with the other iwi of Te Tauihu to avoid this outcome as we collectively understand the risks involved.   

Image: Whānau diving in Tōtaranui as part of the diving skills wānanga to introduce wāhine into our moana as kairuku. 

Te Ātiawa Trust | our position 

Te Ātiawa Trust’s position in entering into the SICFR has always been to protect our current and future manawhenua/ mana moana iwi position throughout Te Tauihu, including but not limited to Tōtaranui (Queen Charlotte Sound) and Kura te Au (Tory Channel). 

The position we have taken since 2007 has been to exclusively protect and uphold our tangata whenua status throughout our rohe moana such as Tōtaranui and Kura te Au.

Four other iwi have since challenged our exclusive tangata whenua claim over these areas.  

Maintaining our position on Tōtaranui and Kura te Au would then trigger the legally binding arbitration process. 

After careful consideration, Te Ātiawa Trust board determined that arbitration carries unacceptably high risk, and is not in the best interest of our iwi members. 

This decision has been based on an analysis of:  

• Comparable case law  
• The court’s stance on tikanga and its interpretation 
• Potential negative implications for our Takutai Moana Claim  

Te Ātiawa Trust have also held multiple hui with whānau members who have contributed significantly in this space over many years to help inform our position. 

In order to avoid arbitration and to best position ourselves for the future, we have agreed to remove our objection – with certain strategic conditions – to allow us to enter the SICFR.  

Entering the SICFR will protect and formalise our customary interests with regards to our fishing rights.

The SICFR will provide us with a higher level of visibility over permits issued and over the active management of the moana, and it will enable us to better fulfil our responsibilities as kaitiaki through improved data collection and analysis, with the use of better systems and processes.  

With these considerations in mind, Te Ātiawa will enter into the SICFR with the condition that the eight iwi of Te Tauihu sign a kawenata to formalise the establishment of a tikanga-led kaitiaki framework as the basis for its implementation.