Departmental Output Expense - Aquaculture Settlement

Description

This output provides for the implementation of the Māori Commercial Aquaculture Claims Settlement Act 2004.

Objectives

Administration of the legislated settlement in order to:

• ensure Crown obligations in relation to the settlement are met
• provide for the durability and integrity of the settlement
• protect the relationship between the Crown and Mäori
• comply with the Crown’s obligations under the principles of the Treaty of Waitangi.

Explanation

The Act provides for a settlement of Māori interests in commercial aquaculture, including the provision of 20% of new space in aquaculture management areas and the provision of 20% equivalent of existing space allocated since September 1992.

Expected Results	Actual Performance
Progress the implementation of the Act in an effective and efficient manner; ensuring that all legislative timetables are met (ie s23(1)).	On target. The Ministry is working with Ministry for the Environment on a range of remedial legislative issues. The Ministry is monitoring the appeal of the Tasman Environment Court decision and the SMW case for impacts on the settlement. The Ministry has evaluated the tender for the required valuation methodology for aquaculture space and has awarded the contract. Target date for advice to the Minister on a valuation methodology is March 2008.
Maintain aquaculture settlement register and calculate the space required in each region to meet the settlement obligation.	On target. The aquaculture settlement register has been established, and last updated on 1 February 2007 for current permitting decisions. Te Ohu Kai Moana Trustees Ltd (TOKMTL) has been advised and the Ministry's website has been updated. Ernst & Young have been jointly engaged by the Ministry and the Trustee to audit the register, this audit has been completed and Ernst & Young have issued an unqualified audit report. A process will be established for the annual auditing of the register for pre moratorium permitting decisions.
Provision of advice to Minister on the proportion of new space to be allocatied to iwi within each region, when established for a region, and supporting the Order-in-Council process.	Currently no new Aquaculture Management Areas have been created.
Monitor the performance of Te Ohu Kai Moana Trustee Ltd as trustees of the settlement process both in terms of funding and performance of their role as trustee.	On target. Quarterly monitoring of the performance of TOKMTL is in place consistent with the funding agreement. TOKMTL anticipates full year expenditure will be in line with budget for 2006/07. The Trust's financial year runs from 1 October to 30 September. TOKMTL has recognised 38 iwi organisations as mandated for aquaculture settlement. TOKMTL has appealed the Tasman Environmental Court decision. The Crown has joined this appeal.