20328 version 2
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Explain customary fishing rights and the impact of legislation
Level
4
Credits
5
Purpose
People credited with this unit standard are able to explain customary fishing
rights prior to European contact and explain legislation and its impact on
customary fishing rights.
Subfield
Seafood Māori
Domain
Kaupapa Mātaitai
Status
Registered
Status date
23 January 2009
Date version published
23 January 2009
Planned review date
31 December 2013
Entry information
Open.
Accreditation
Evaluation of documentation and visit by NZQA and
industry.
Standard setting body (SSB)
Primary Industry Training Organisation
Accreditation and Moderation Action Plan (AMAP) reference
0123
This AMAP can be accessed at http://www.nzqa.govt.nz/framework/search/index.do.
Special notes
1
References
Legislation relevant to this unit standard includes but is not limited to – Treaty of
Waitangi (Fisheries Claims) Settlement Act 1992; Public Works Act 1981; Māori Land
Act 1993/Te Ture Whenua Māori Act 1993; Land Act 1948; Scenery Preservation Act
1908; Māori Fisheries Act 2004, Aquaculture Reform (Repeals and Transitional
Provisions) Act 2004, Foreshore and Seabed Act 2004, Māori Commercial
Aquaculture Claims Settlement Act 2004.
2
In this unit standard it is required that tikanga and kawa specific to a whānau, hapū
and iwi are applied and consultation with tangata whenua occurs in order to validate
assessment activities.
 New Zealand Qualifications Authority 2016
20328 version 2
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3
The evidence presented for this unit standard must relate to the customary fishing
rights of, and impact of legislation on, a specified whānau, hapū and iwi.
Elements and performance criteria
Element 1
Explain customary fishing rights prior to European contact.
Performance criteria
1.1
The explanation includes the customary fishing rights of the whānau, hapū and
iwi.
Range
1.2
whakapapa that establishes the right of the whānau and hapū to
the fishing ground.
The explanation includes the importance of fishing to the whānau, hapū, and
iwi.
Range
importance includes – economic, social, cultural, spiritual.
Element 2
Explain legislation and its impact on customary fishing rights.
Performance criteria
2.1
The explanation includes common law in relation to customary fishing rights
prior to 1840.
Range
Doctrine of Aboriginal Rights.
2.2
The explanation includes the English and Māori versions of the Treaty of
Waitangi and the Declaration of Independence 1835, and their impact on the
customary fishing rights of the whānau, hapū, and iwi.
2.3
The explanation includes the impact of subsequent legislation, post -1840, on
the customary fishing rights of the whānau, hapū, and iwi.
Range
evidence is required for four impacts of subsequent legislation that
are relevant to the whānau, hapū or iwi.
Please note
Providers must be accredited by NZQA, or an inter-institutional body with delegated
authority for quality assurance, before they can report credits from assessment against
unit standards or deliver courses of study leading to that assessment.
Industry Training Organisations must be accredited by NZQA before they can register
credits from assessment against unit standards.
 New Zealand Qualifications Authority 2016
20328 version 2
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Accredited providers and Industry Training Organisations assessing against unit standards
must engage with the moderation system that applies to those standards.
Accreditation requirements and an outline of the moderation system that applies to this
standard are outlined in the Accreditation and Moderation Action Plan (AMAP). The
AMAP also includes useful information about special requirements for organisations
wishing to develop education and training programmes, such as minimum qualifications for
tutors and assessors, and special resource requirements.
Comments on this unit standard
Please contact the Primary Industry Training Organisation standards@primaryito.ac.nz if
you wish to suggest changes to the content of this unit standard.
 New Zealand Qualifications Authority 2016