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Fisheries Act 1996

Dispute resolution - Statement of procedure

116: Content of statement of procedure

You could also call this:

"What to include in a statement about solving fishing disputes"

Illustration for Fisheries Act 1996

When you are making a statement of procedure under section 115, you must include some important things. You need to explain how someone can say they have a dispute that this part of the law applies to. You also need to explain how to decide if a dispute is about something that affects people's fishing activities. You must include a way for tangata whenua to give their thoughts on the fisheries resources, especially when it comes to kaitiakitanga. You have to give people a chance to talk things through, work together, and solve their disputes. What happens after people try to solve their disputes must be told to the Minister.

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Topics:
Environment and resources > Farming and fishingMāori affairs > Māori landMāori affairs > Treaty of Waitangi
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115: Minister to issue statement of procedure, or

"The Minister creates a plan to solve fishing disputes and asks for your feedback."

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117: Minister may appoint Fisheries Dispute Commissioner to resolve dispute, or

"The Minister can appoint a special helper to solve a fishing dispute."

Part 7Dispute resolution
Statement of procedure

116Content of statement of procedure

  1. The statement of procedure under section 115 shall provide for—

  2. a process by which any interested party may identify a dispute to which this Part applies; and
    1. a process and guidelines to determine whether a dispute relates to a matter that significantly affects the fishing activities of 1 or more persons; and
      1. input and participation by tangata whenua having a non-commercial interest in the fisheries resources concerned, having particular regard to kaitiakitanga; and
        1. opportunities for parties to negotiate, take collective action (if appropriate), and resolve disputes; and
          1. the outcome of any resolution processes to be forwarded to the Minister.