Focus on achieving outcomes

Enhancing value for Maori

Another major achievement under the aquaculture reforms – and a key contributor to creating greater stability for the marine farming industry – was the enactment of the Maori Commercial Aquaculture Claims Settlement Act 2004. The settlement covers all M–aori claims to commercial aquaculture post 21 September 1992, providing iwi with an allocation of an area equivalent to 20% of the total space allocated since 1992 and 20% of any new marine farming space. This includes the right to apply for resource consents for 20% of any new space allocated in Aquaculture Management Areas in future.

The settlement enables the industry to move forwardwith considerably greater certainty than had been the case before the legislation. It has transformed the marine farming industry from a position of potential confrontation and frustration to one where Maori and other marine farm developers can work together for the benefit of the whole marine farming industry.

The Maori Fisheries Act 2004 was another piece of legislation enacted during the year that is tremendously significant for the Crown and Maori. It is another very important step towards achieving the outcome of enhancing the value obtained by tangata whenua. This Act completes the framework to provide for implementation of the agreements in the Deed of Settlement between Crown and Maori in respect of Maori claims to commercial fisheries.

Following the signing of the Deed of Settlement in 1992, the Treaty of Waitangi Fisheries Commission embarked on a decade-long process to negotiate agreement among Maori as to how the settlement assets would be distributed and managed. They presented the agreed proposal – He Kawai Amokura – to the Minister in May 2003.

The Government reviewed the proposal and found it, with some adjustment, to comply with the provisions of the Maori Fisheries Act 1989 and the Deed of Settlement. Legislation was developed from the proposal, introduced in November 2003 and enacted in September 2004.

The Act disestablishes the Commission and creates a new set of institutions. Te Ohu Kai Moana Trustee Limited carries forward the core responsibilities of the Commission as guardian of the assets yet to be allocated to iwi and is responsible for implementing the allocation scheme. About half of the settlement assets are to be allocated directly to iwi. The remaining assets – the company assets including Sealord – are managed by a corporate holding company, Aotearoa Fisheries Limited. Iwi will be allocated shares in this company along with their quota assets.

A large part of the Ministry’s work on the statutory framework was in the development of accountability structures both for these newly created entities and for iwi representative organisations that will be mandated to receive settlement assets. The balance between freedom for Maori to determine their own destiny in relation to the assets and the Crown’s interest in the durability of the settlement required considerable attention to detail, but has produced a model we believe will prove robust to the intentions of the settlement.

The Crown’s ongoing role, through the Ministry, is to monitor progress with the settlement allocation and management process to ensure the statutory framework for both fisheries and aquaculture settlement assets continues to function smoothly.