Last week, TRM received the following request, which generated so much traffic, as TRM Facebook followers have shown so much interest in any further progress. This is a great feature of Facebook for sharing such issues with viewers. To avoid having to answer individual questions, we have tried to summarise the issues. It all started with:
“I am the Chairperson for the Ngāti Tūrangitukua Māori Committee, Hīrangi Marae. Can I ask, please, who gave you permission to use a photo of our wharepuni at Hīrangi Marae to be used in your spiel on the TRM Facebook page about the fishing licenses and permits? I dont see any connection to the content or information you are promoting with our Marae.”
The offending photo is below...
We replied that the photo was from TRM’s library and had been taken many years ago from the road and we did not remember if we asked permission. It was included only to add attractive scenic colour to the blog and was not for commercial purposes. Many viewers on Facebook were upset and attacked TRM for being racists and so ignorant. That encouraged us to check the rules on Tuwharetoa’s Fact Sheet for the need to be licensed.
Fact sheet – guided fishing activities on Taupō Waters
AI advises: If you want to run a commercial operation or undertake commercial activities on Taupō Waters, you must get permission from the Taupō Waters Trust in the form of a licence.
They claim: 8(b) Accommodation providers provide services:
Accommodation providers offer guided fishing services to their customers and either subcontract or employ guides to deliver the services. In this case, the accommodation provider is required to apply for the licence, not the subcontractor or employee.
The complete fact sheet was posted on TRM’s blog last week. After a weekend answering many individual questions on TRM blog, we were obliged to investigate this matter further and report to viewers and other motel operators and fishing guides. Our basic concern is that, as we have never had a licence, could we be fined? All other motels and accommodation suppliers dealing with tourists are in a similar position. On Monday, 20 July, TRM emailed Tuwharetoa as follows:
“BACKGROUND: Tongariro River Motel has operated on Taupahi Road for over 65 years providing accommodation and trout fishing advice to novice anglers who make up the bulk of our tourist guests. Over the last 20+ years we have also posted a lively Facebook page with fishing information and for discussion on all local trout fishing issues.
On 15 July, we received a request from Turangitukua, asking if we had asked permission or had approval needed to post photographs of their Turangitukua premises, and received a substantial reaction.
To assist TRM readers’ research, we posted your guidance rules from the Tuwharetoa Fact sheet – guided fishing activities on Taupō Waters – which generated traffic over the need for licences. i.e. over the weekend our Facebook received over 85,000 views, over 52,000 viewers, over 700 interactions and over 500 comments etc.
TRM’s photo library has over 20,000 similar local scenic photos for elaborating any blogs. The offending photo is added below.
As this matter is of much more public interest than we had realised, rather than us guessing, please answer the following questions (for us to post on our blog):
QUESTIONS:
1 Do we qualify as needing to apply for a licence at all?
2 Why have we never been advised about this previously?
3 Can you provide names of any other motels or angler accommodation providers with a similar licence?
4 As a motel catering for Tongariro anglers, we discuss fishing opportunities with guests every day. It is unavoidable. We have never charged for any advice.
5 We often take out tourist anglers from overseas to show off the river and access points, etc. without charging. Should we have been charging to cover your commission?
6 Can you provide examples of what this may cost us, or how any commission is assessed for providing free advice?
7 Should we be asking Turangitukua these questions instead?
8 Do we need to apply for, and/or have your permission before we include any such photos in future blogs?
9 Can you provide a full schedule of all Trust-owned land and buildings or other “sensitive” tourist photographic situations in this Taupo region that we need to be aware of? (i.e. In Turangi there are many properties owned by Maori Trusts, that we would be unaware of.)”
We are grateful that Tuwharetoa answered immediately to confirm TRM did not need a licence, as follows:
Kia ora Ross
We spoke in 2023 when our Commercial Licence program commenced after a successful High Court of New Zealand Declaratory Judgment which confirmed the property rights of Ngāti Tūwharetoa – including the ability to require commercial users to obtain from the Trust Board, rights to occupy or use parts of the lake for commercial activities and to charge commercial uses for the same.
At that time, your business model was focused on accommodation and as noted below, also providing trout fishing advice to novice anglers who make up the bulk of your tourist guests. Based on that information, I advised that you did not require a Commercial Licence.
Unless your business model has changed since then, I can once again confirm that you do not require a Commercial Licence. Information for commercial operators is available on our website. We do not approve you providing advice on our behalf; instead, direct any enquiries to the official information sources we readily provide for commercial operators https://www.tuwharetoa.co.nz/commercial-operations-and-events/ .
If you have received a complaint regarding a photograph you have used, please address the matter directly with the complainant. This is not a matter for the Trust Board.
Nga mihi
So there you have it.
We are relieved they “confirm that TRM does not require a Commercial Licence“.
If/when we receive an answer from Turangitukua on the issue of taking photos of their land or buildings without asking for their permission, we will report further.
I trust that brings everyone up to date. Thank you for your interest.
