Departmental Output Expense – Aquaculture Settlement
Description
This output provides for the implementation of the Māori Commercial Aquaculture Claims Settlement Act 2004. The Act provides for a settlement of Māori interests in commercial aquaculture, including the provision of 20 percent of new space in aquaculture management areas and the provision of 20 percent equivalent of existing space allocated since September 1992.
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 Māori
- comply with the Crown’s obligations under the principles of the Treaty of Waitangi
- support the government’s economic transformation initiatives in relation to aquaculture.
Services to be provided
1. Progressing the implementation of this Act in an effective and efficient manner; ensuring that all legislative timetables are met. This includes:
- ensuring potential beneficiaries understand the settlement. This will be achieved in partnership with the trustee for the settlement
- development of a valuation methodology for the settlement obligation by 31 December 2007
- establishing processes to support the settlement option of purchasing established marine farms from 1 January 2008
- supporting the Minister’s review, as required by the Act, of the assessment of the Crowns compliance with the settlement.
The planning for the review is to be started by 31 December 2007.
2. Maintaining the aquaculture settlement register and the associated space required in each region to meet the settlement obligation.
3. Monitoring the performance of Te Ohu Kai Moana Trustee Ltd as trustee of the settlement process both in terms of funding and performance of their statutory role.
| Expected Results | Actual Results |
| Administering the Māori Commercial Aquaculture Claims Settlement Act 2004 in a way that is consistent with the principles of the Treaty of Waitangi and in such a way as to not create further grievances. | The Ministry takes into account the principles of the Treaty of Waitangi in implementing the settlement. It has not received any complaints, or negative feedback, on this issue. |
| Maintaining the aquaculture settlement register and the associated space required in each region to meet the settlement obligation through regular updates of the register and the Ministry’s web site, and an annual audit of the register. | The aquaculture settlement register is regularly updated for decisions in relation to pre-moratorium space. The last update of the Ministry’s website was 13 May 2008. Ernst & Young have issued an unqualified audit report on the register for the period ending 19 December 2007. |
Progressing the implementation of the Māori Commercial Aquaculture Claims Settlement Act 2004 in an effective and efficient manner;
ensuring that all legislative timetables are met. This includes:
- ensuring potential beneficiaries understand their rights and obligations under the settlement. This will be achieved in partnership with the trustee for the settlement through responding to particular iwi needs as they arise
- developing, by 31 December 2007, a valuation methodology for the settlement obligation
- establishing, by 1 January 2008, processes to support the settlement option of purchasing established marine farms
- supporting the Minister’s review, as required by legislation, of an assessment of the Crown’s compliance with the settlement, with the planning for the review to be commenced by 31 December 2007.
| Currently all legislative timetables are met. - No specific request by an iwi for advice on their rights under the settlement.
- The Ministry has received the final, peer reviewed, recommendation on the valuation methodology and has received Cabinet approval to commence a consultation process.
- Processes to support settlement options are being established as part of the Ministerial plan required by the Act. The plan was released for consultation on 1 July 2008.
The plan was released for consultation on 1 July 2008. |
Reviewing, on a quarterly basis, the performance of Te Ohu Kai Moana Trustee Ltd in terms of its statutory role as trustee, including its mandating of Iwi and regional agreements and its financial management. | Te Ohu Kai Moana Trustee Ltd has published its annual report (year ended 30 September 2007) for the Takuti Trust and associated audit reports prior to 31 December 2007. The Takuti Trust has refunded to the Ministry it’s under spend for the 2006/07 year. Ernst & Young have issued an unqualified opinion as to the appropriateness of the overhead allocations, as required by the funding agreement |