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Draft Consultation Plan 2002/03


"Consultation Plan for Recreational Fishing Reform - 2002/2003"

Ministry of Fisheries draft



DRAFT

Recreational Fishing Reform: Consultation Plan

Phase one: Jan - July 2002

Phase two: Aug 2002 - Feb 2003

Phase three: Feb - June 2003


Background
This overall process will aim to generate improved policy advice from the Ministry to the government to enable the cabinet to make decisions on recreational management reform in 2003. It will also aim to help stakeholders who participate to make their viewpoints known to the Ministry and subsequently to the Minister with good knowledge about the framework within which decisions will be made. The deadlines that define the stages of the process are:

  • The Minister of Fisheries must report back to Cabinet with a recommended option for reform by 1 February 2003
  • The Minister of Fisheries must report back to Cabinet on the outcome of public consultation on the recommended option by 1 June 2003


Objectives
The objectives of the consultation processes outlined here are to:

  • Provide opportunity for recreational fishing representatives to have input into the process
  • Thoroughly discuss the objectives and constraints established by government


Phase one: January - July 2002

Seminar Series
It is proposed that for the first stage of the process a series of seminars be held discussing various topics of relevance to recreational fishing. MFish will on occasion obtain experts to speak to the group. These meetings will consist of a presentation - often quite short - followed by discussion and consideration of different viewpoints on the issue at hand.

Some suggested topics include:

  • A debrief on the process to date could be included in the first seminar along with a discussion of the process for the next year and a discussion on government legislative processes and public policy development
  • The Treaty of Waitangi and the Fisheries Settlement Act and their implications for fisheries management
  • International obligations, common law rights and related issues
  • Environmental principles within the Fisheries Act
  • The QMS and the management of commercial fisheries under the Fisheries Act
  • The Oceans Policy process
  • Property Rights and their application to Natural Resource Management
  • Marine Reserves Act Review


These are suggested topics only and feedback on how these could be amended is welcome.

Suggested Timeline

Seminar 1 Debrief / overview of the process / Government legislative mechanisms and public policy development Auckland Thurs Feb 7th; 6.30pm
Seminar 2

Deed of Settlement issues

Speaker: Terry Lynch/ Matt Hooper and/or an invitee

from TOWFC

Auckland Thurs March 7th; 6.30pm
Seminar 3

International obligations etc.

Speaker: invite MFAT legal division/ MFish legal division

Auckland Thurs April 4th 6.30pm
Seminar 4

Environmental principles

Speaker: Jonathan Peacey

Auckland Thurs May 2nd; 6.30pm
Seminar 5

The QMS and Property rights

Speaker: MFish

Auckland Thurs May 30th; 6.30pm
Seminar 6

Oceans policy and Marine Reserves

Speaker: Oceans Policy secretariat

Auckland Thurs June 28th; 6.30pm
Seminar 7

Marine Reserves

Speaker: DOC

Auckland Thurs July 25th; 6.30pm


The speakers are suggested only and are not confirmed. MFish will circulate any relevant background papers prior to the meetings.

The role of participants during this phase is to discuss objectives and gain a broad understanding of the constraints that cabinet has set for the development of options for reform as well as the broader policy environment including more recent reforms. This will enable participants to develop viable options for the Ministry to consider in its public policy development phase and subsequently for stakeholders to input into the public consultation phase. To be viable any option will need to be able to deliver on the objectives that government has identified and to be achievable within the constraints that have been set.

Participation
It is proposed that participation in the seminars not be limited in any way. Participants will be invited from the recreational representative groups including the RFC, the NZBGFC and the Option4 Group including all those who participated in the Ministerial Consultative Group. Based on previous experience we would expect participation in the region of 15-25 people per meeting.

Confidentiality
It is not expected that there will be any confidential information at these meetings. All briefing papers leading up to the last cabinet decision on recreational fishing will already be in the public domain. General standards of behaviour, with regards to information shared, will need to be adhered to including those that may aid a free and frank sharing of information and advice. This has worked reasonably well so far in the consultation process.

Costs of the process
Unfortunately MFish is not in a position to fund expenses for participants. We are limited to the provision of a venue, speakers and catering. In order to mitigate the costs involved, meetings can be held close to the location of the majority of participants. Meetings can also be held at times that do not interfere unduly with other obligations that participants may have.

Therefore it is suggested that the majority of meetings be held in Auckland in the evenings. Your suggestions are welcome on where and when meetings should be held in order to minimise costs. MFish will provide a venue and speakers (where required) and catering. Meetings need not be held at the same location every time.

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Phase two: August 2002 - February 2003

Public Policy development
The Cabinet deadline requires the Minister to report back with a recommended option for public consultation by February 1 2003. The role of the Ministry is to provide advice to the Minister to enable him to achieve that. During this phase it is important to note that the Ministry does not make decisions - that is the role of the Minister and the government. The Ministry is however contracted to provide balanced advice in order to inform the government in its decision-making role. The Ministry, when developing advice for government, will consider options that are put forward by stakeholders.

A core role of the Ministry is to provide advice to the Minister regarding his requests for cabinet decisions. There are strict guidelines around the development of cabinet papers. These include consultation with other departments and the incorporation of their views into recommendations. The cabinet paper development process is protected from political interference and the nature of cabinet papers remains confidential until the decision has been made. There is no direct role for stakeholders during the development of cabinet papers. The Minister may release cabinet papers to the public subsequent to decisions being made.


Phase three: February 2003 - June 2003

Public Consultation on the recommended option
The Cabinet requirement is for MFish to report back with the results of public consultation by 1 June 2003. Once the cabinet has approved an option for public consultation (see above) the Ministry will conduct a public consultation process. The exact nature of this process is yet to be finalised but could include a discussion document, public meetings and website publications. There is a significant role for stakeholders during this process that includes feedback on the recommended option.

There is a further major role for stakeholders should legislative amendments be contemplated via the Parliamentary Select Committee process. This allows stakeholders to submit their views on legislative amendments while they are under consideration by the Select Committee.

Feedback
The Ministry welcomes feedback on this consultation strategy. Please forward comments by January 21st to:

dylan.james@fish.govt.nz

Or post to:
Dylan James
Ministry of Fisheries
PO Box 1020
Wellington

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