Settlement Obligations

Historical Treaty Settlements

While the Fisheries Deed of Settlement and its supporting legislation have addressed claims relating to fisheries, most iwi consider that some recognition must be made in individual Treaty settlements of the cultural importance of fisheries. The Ministry’s role in Treaty settlement negotiations is to provide an opportunity for iwi to directly place their specific grievance relating to fisheries before the Crown, and to discuss their unique cultural concerns relating to species, fishing areas and management practices. Over the last year, seven historical Treaty settlement negotiations have progressed to different extents. The cultural redress packages negotiated are consistent with the Deed and existing Fisheries Act obligations and are affected through Fisheries Protocols. Fisheries Protocols between iwi/hapū and the Ministry relate to the way the Ministry will interact with the iwi/hapū governance entity to enable them to provide input into the Ministry processes, such as the development of sustainability measures, research planning, contracting for services and the employment of staff with customary non-commercial fisheries responsibilities. 

Māori Commercial Aquaculture Settlement

Significant progress was made by the Ministry and Te Ohu Kai Moana Trustee Limited (the Trustee) over the past year on how Settlement, under the Māori Aquaculture Claims Settlement Act 2004, could be achieved. At the end of 2007 the government agreed that substantial consultation with iwi was needed to establish the best method to implement the Settlement. This is a difficult and complex area and the decisions will be enhanced if Māori views are clearly heard.

In July 2008, the Minister of Fisheries began consultation on a plan on how the Crown will meet its aquaculture settlement obligations under the Māori Commercial Aquaculture Claims Settlement Act 2004.

The plan suggests options to better deliver settlement assets to iwi. The main consideration is the ‘valuation method’. This means the approach taken to value marine space, which could then be used to purchase marine farms, or establish a financial equivalent.

The plan also explores the potential for an amendment to the Māori Aquaculture Settlement Claims Act 2004 to enable regional agreements to be forged, and toward the possibility of bringing the cash settlement option forward from its current date of 2013/14.

Consultation on the plan ends on 31 October 2008. The Ministry will examine the submissions and provide advice to government in early 2009 on ways to move forward with Settlement.

Foreshore and seabed negotiations

The Crown and representatives of the hapū of Te Whānau-a-Apanui and Ngāti Porou are engaged in foreshore and seabed negotiations (section 96 of the Foreshore and Seabed Act). The Ministry of Fisheries assisted development of fisheries proposals to meet Crown and Te Whānau-a-Apanui and Ngāti Porou objectives in the negotiations. The Crown is also in foreshore and seabed negotiations with Ngati Porou ki Hauraki, Te Rarawa, and Ngati Pahauwera. Fisheries proposals were developed under the Fisheries Act 1996 and aim to give better expression to the provisions of the 1992 Fisheries Deed of Settlement and supporting legislation.

Input and participation of tangata whenua

The Ministry of Fisheries has two teams that work with iwi and hapū to make them aware of the customary fishing regulations, and to facilitate involvement in fisheries management in their areas. They are the Pou Hononga (Customary Relationship Team) and the Pou Takawaenga (Extension Services Team).

The Pou Hononga manages the Ministry/tangata whenua relationship at a regional level. The primary mechanism for building these relationships is through regional iwi forums. The forums are intended to facilitate the development of a common policy and management approach to fisheries matters for each region.

To date the following forums have been established around the country:

• Te Ika a Maui (North Island Freshwater)
  
• Te Hiku o Te Ika (Far North)
  
• Ngā Hapū o Te Uru Tainui (Waikato)
  
• Mai I Ngā Kuri a Wharei ki Tihirau (Bay of Plenty)
  
• Turanga nui a Kiwa (Poverty Bay)
  
• Te Kupenga (Hawke’s Bay/Wairarapa)
  
• Te Taihaūauru (Taranaki/Wanganui)
  
• Te Henakinui o Kapiti (Greater Wellington)
  
• Te Tau Ihu (Nelson/Marlborough)
  
• Ngai Tahu
  
  • Kaikoura
  • Canterbury
  • South Canterbury/North Otago
  • Araiteuru
  • Murihiku
  • Te Tai Poutini
• Pā Tangaroa (Chatham Islands).

Good progress has been made in the 2007/08 year. In 2007 the Chairs of each forum met in Rotorua and agreed to develop terms of reference and a strategic plan for a national body that will represent all forums. The forum Chairs have now established a National Council.

The Pou Takawaenga Team was established in Mid-2005 and supports the work of the Pou Hononga Team on regional iwi forums. Specifically their role is to assist the Ministry to meet its obligations under the Treaty of Waitangi Fisheries Claims Settlement Act 1992, and to assist Māori to develop their fisheries management objectives. They educate and inform tangata whenua about customary management tools, regulations, and the resources available to them to assist with fisheries management.