“non-Rakiura Maori means a person other than a Rakiura Maori

“permit means a written permit, issued by the Committee under regulation 3(2A), that allows a person to enter onto—

• “(a) the beneficial islands generally; or

• “(b) any beneficial island or islands specified in the permit.”

• “(1) A non-Rakiura Maori—

  • “(a) must not enter onto a beneficial island without first obtaining a permit to enter onto that island:

  • “(b) must not, at any time, search for, pursue, or take muttonbirds or their eggs from that island.

• “(1A) However, subclause (1) does not apply to a non-Rakiura Maori who is a family member of a beneficiary if—

  • “(a) the beneficiary has issued the family member with an authorisation to enter onto a beneficial island; and

  • “(b) the authorisation has been issued in accordance with the traditional customs and practices associated with the island.”

• “(2A) The Committee may—

  • “(a) issue a permit to any person; and

  • “(b) impose conditions on that permit.”

• “(a) the Committee may issue permits under regulation 3(2A):”.

• “(1A) For the avoidance of doubt, subclause (1)(a) does not limit the Committee's power to issue permits at other times.”

• “(5) In this regulation, spouse includes any person who—

  • “(a) has entered into a civil union with a Rakiura Maori:

  • “(b) is the de facto partner of a Rakiura Maori.”

“9 Referral to independent decision maker

• “(1) A beneficiary (an applicant) who is dissatisfied with a decision of the Committee may apply, in writing to the Committee, for the matter to be referred to an independent decision maker for resolution.

  “(2) The Committee must,—

  • “(a) within 10 working days after receipt of an application under subclause (1), notify any other parties directly affected by the decision to which the application relates (the other parties); and

  • “(b) within 15 working days after—

    • “(i) receipt of the application, attempt to reach an agreement under subclause (3)(a)(i)(A) if no other parties are involved; or

    • “(ii) giving notification to the other parties, attempt to facilitate an agreement under subclause (3)(a)(i)(B) if any other parties are involved.

  “(3) The person to be appointed as independent decision maker—

  • “(a) must—

    • “(i) be agreed on—

      • “(A) by the Committee and the applicant if no other parties are involved; or

      • “(B) by the applicant and the other parties if any other parties are involved; and

    • “(ii) be appointed by the Committee; but

  • “(b) may be decided on, and appointed, by the President of the Arbitrators' and Mediators' Institute of New Zealand Incorporated if—

    • “(i) agreement has not been reached under subclause (3)(a); and

    • “(ii) the applicant has, within 15 working days after the expiry of the time specified in subclause (2)(b), made an appropriate written request to the President.

  “(4) The procedures for resolution may—

  • “(a) be agreed on by the applicant and the other parties; or

  • “(b) be decided on by the independent decision maker, if agreement has not been reached under paragraph (a).

  “(5) The independent decision maker must attempt to resolve the matter by mediation.

  “(6) However, if the independent decision maker believes that mediation has failed, or will fail, to resolve the matter, he or she may resolve the matter in any way he or she considers appropriate.

  “(7) Nothing in this regulation prevents more than 1 independent decision maker being appointed in relation to a particular matter and, if more than 1 independent decision maker is appointed, this regulation applies with all necessary modifications.”