MFish Organisation and External Relationships

 

• MFish Organisation and External Relationships
• MFish Responsibilities
• Boards Within the Portfolios
• External relationships  

4.1 MFish responsibilities

Mission

The MFish mission is To be the guardian of the multitudes of Tangaroa. This is reflected in the Mäori name for MFish- Te Tautiaki i nga tini a Tangaroa.

Role

MFish is the principal adviser to the Minister of Fisheries and to the Minister for Biosecurity. Our core roles are:

• advising the government on the policy and legal frameworks for the efficient and sustainable use of fisheries, the protection of the aquatic environment and the management of marine biosecurity risks
• maintaining relationships with tangata whenua and ensuring services are delivered that support the Crown's obligations to Mäori in respect of fisheries
• ensuring the delivery of services that support the effective operation and integrity of the policy and legal frameworks.

In relation to the principles underlying the Ministry's strategic framework described in Chapter 2, we have the following core responsibilities: Ensuring ecological sustainability by:

• specifying environmental goals and standards related to the use of fisheries and the impact of fishing on the aquatic ecosystem
• evaluating fisheries plans
• advising on sustainability measures, such as total allowable catch, and area closures
• monitoring the health of fisheries and the aquatic ecosystem
• management of marine biosecurity risks including ballast water and hull de-fouling, and pest management strategies.

Meeting Treaty of Waitangi obligations by:

• involving Mäori in fisheries management decision-making
• delivering 20% of new quota to Maori
• providing for and protecting customary fishing rights
• recognising use and management practices of Maori.

Enabling efficient resource use by:

• advising on defining and allocating harvesting rights
• providing the frameworks to allow owners of harvesting rights to manage those rights
• promoting and protecting New Zealand's fishing interests during the negotiation of international agreements
• ensuring management frameworks are consistent with international agreements ratified by New Zealand.

Ensuring the integrity of management systems by:

• providing for stakeholder participation
• setting standards and specifications for services such as research and administration
• monitoring and auditing the delivery of services
• monitoring and auditing performance of fisheries plans
• managing fisheries and aquatic ecosystem information
• delivering criminal law enforcement and prosecution services
• biosecurity services including ballast water inspection services, surveillance in the marine environment, and incursion response in the marine environment.

As identified in our current and proposed strategic plans, government has a central role in the fisheries and marine biosecurity sectors. The role of MFish will continue to change in response to external changes, particularly as stakeholders begin to exercise management responsibilities via the development and implementation of fisheries plans and the devolution and contracting of services.

Organisation

The fisheries management changes in recent years have required MFish to focus on its role in the delivery of the Crown's core responsibilities and its ability to respond to stakeholder expectations for involvement and participation in fisheries management decisions.

In 1999 and 2000 MFish undertook a review of its organisation design, including options for re-aligning processes and internal structures, and considering the required people skills necessary to carry out the functions that are critical to the Crown's role in fisheries management. Following extensive consultation, both internally and with stakeholders, decisions were taken in October 2000 and implementation commenced in the final quarter of 2000. The charts below summarise the current organisational structure and functional responsibilities.

In relation to the Ministry's governance:

• The three person Executive Team, comprising the Chief Executive and two Deputy Chief Executives, is accountable for setting the MFish strategic direction, establishing frameworks, oversight of business planning and monitoring, monitoring the internal environment and monitoring external relationships.
• The Management Forum is made up of the managers from each of the ten MFish business groups and will include the Chief Adviser Treaty Relationships. The Forum has collective accountability for the day-to-day operational management of MFish including development, review and delivery of the business plan, monitoring performance against the plan, and corporate and information management policies.
• The Business Managers, reporting to a Deputy Chief Executive, have individual responsibility to deliver on components of the business plan for which they are accountable including delivery of outputs, cost centre budget management and people management.

We are currently in the process of establishing a Chief Adviser, Treaty Relationships position which will have responsibilities to develop an iwi/hapü relationship management strategy for MFish, developing and monitoring standards for the management of relationships with iwi/hapü, developing and managing training programmes and providing advice to the Executive Team and the Minister on Treaty relationship management issues. We are also establishing up to eight new Treaty Relationship Facilitator positions, responsible for improving relationships with tangata whenua and better providing for their input and participation into fisheries management.

In recognition of the special contribution of its Mäori staff, MFish has established Te Roopu Awatea, the Ministry's network for Mäori staff with responsibility for:

• being the initial source of advice on tikanga and tahä Mäori
• providing peer support for all staff in tahä Mäori
• advising the Executive Team on ways in which MFish can value the special contribution of its Mäori staff
• providing feedback to the Executive Team and managers in MFish on progress in valuing the special contribution of its Mäori staff.

People

As at 30 June 2002, MFish employed 306 permanent staff plus 21 temporary staff and 16 staff on casual contracts. MFish has offices in:

• Kaitaia
• Whangarei
• Auckland
• Tauranga
• Whitianga
• Opotiki
• Hamilton
• Gisborne
• Napier
• New Plymouth
• Masterton
• Wellington (Head Office)
• Wellington (National Operations)
• Petone
• Nelson
• Christchurch
• Dunedin
• Invercargill
• Chatham Islands

Aligned with the organisational design, in 2001/02 MFish commenced implementation of a number of people related policies and initiatives. These are designed to create the opportunities for MFish staff to excel, retain and develop the necessary skills, move towards a constructive culture and ensure a healthy workplace. A succession-planning framework was well advanced in June 2002, the aim being to implement succession planning by 30 June 2003. The framework will address the risks associated with knowledge loss through staff turnover and absences.

Capability within MFish and the wider fisheries sector remains a serious problem. As a small organisation we face substantial recruitment and retention problems. We have particular capacity issues in the science, policy, fisheries management and specialised enforcement areas. We also have a low current level of resourcing in the biosecurity area, relative to the risks and potential costs of incursions. The relatively low fisheries management capacity which characterises New Zealand, means that the government and the sector carries a high level of risk attributable to lack of information and skills. Scarcity of capability, both in the public and private sector, undermines the prospects of policy initiatives that the government may wish to pursue.

 

 

Information

MFish owns a series of databases, which provide information essential to the development of research projects, setting of catch limits, providing advice to Ministers on fisheries management control measures, and as input into the development of measures for the enforcement of fisheries laws. The more important databases include research, catch effort, the observer database, quota management systems, compliance and enforcement information and reference files.

Finances

Financial information

MFish has responsibility for output classes within two Votes: Vote Fisheries and Vote Biosecurity (Fisheries). The table below sets out the Main Estimates figures for all MFish output classes and the corresponding business planning figures after approval by the Minister.

The Main Estimates are completed before the MFish business plan is finally approved. Therefore figures in the Estimates do not fully reflect the effort MFish is directing to its outputs. Changes to the Estimates in order to reflect actual levels of business activity are done at Supplementary Estimates time. The difference between the totals above reflects the exclusion from the final business plan of increased observer coverage for seabird bycatch in commercial fishing activities ($2.191 million GST exclusive). This was approved by Cabinet and included in the Main Estimates totals. However, it was withdrawn from the final business plan, pending further consultation with industry on the economic impacts of the proposal.

Cost recovery

Determination of cost recovery levies occurs annually and, as noted earlier, the levies recover a proportion of the Ministry's total costs from the commercial fishing industry.

The table shows the trend in industry contribution to the delivery of MFish outputs. The figures represent the final approved business plan for MFish.

Historically, the pattern of MFish expenditure throughout the year has not fully reflected its budgeted expenditure, which has been the basis for determining cost recovery levies. The result is that there have been both under and over recoveries from the commercial fishing sector. MFish is working with industry representatives to find ways in which these "unders and overs" might be resolved

On 23 July 2002, Cabinet approved the Fisheries (Cost Recovery Levies for Fisheries Services) Order 2002 covering fisheries services to be provided in the 2002/03 financial year. Cost recovery levies for conservation services for 2002/03 remain to be considered. Normally these would be dealt with at the same time as the fisheries levies, but, for 2002/03, the process was undertaken separately.

Additionally there will be at least one revised cost recovery levy order to accommodate any TAC/TACC changes that may be approved by the Minister following consideration of the final advice paper for the annual Review of Sustainability Measures and Other Management Controls and any changes to the level of observer coverage for seabirds.

Statement of Intent

Work on organisation capability improvements is continuing and, in the 2002/03 Departmental Forecast Report, MFish has noted an initiative to better integrate our processes and improve accountability. This has commenced with a rationalisation of the output structure and development of more meaningful performance measures, the aim of which is for MFish to become a more outcome and output-focused organisation.

We will be developing a Statement of Intent for 2003/08 that incorporates both our strategic direction and our operational business planning functions linked to achieving specified outcomes. This approach will enable the Statement of Intent to include all outputs and capability initiatives undertaken by MFish, and ensure that these are clearly linked to our strategic direction. The Statement of Intent will be our primary consultation document for cost recovery purposes. Ministerial approval to the final outputs in the Statement of Intent will be needed in March 2003.

Litigation

MFish operates in an environment in which parties (primarily the fishing industry) often pursue matters through the Courts by way of judicial review. There are currently 32 cases, mostly judicial reviews, against MFish. Cumulatively these cases will involve very considerable resources for the MFish Legal and Fisheries Management business groups. This work will be at cost to operational work, and may impede initiatives such the introduction of species to the QMS.

The current issues around which much of the litigation is centred include:

• challenges to the introduction of new species into the QMS based on the perceived failure of MFish to use individual catch entitlements (ICE) as an interim step for determining the QMS allocation
• challenges to the management of the scampi fishery
• challenges to cost recovery procedures, including the alleged failure to consider under and over recovery of costs, and the allegedly poor consultation on conservation services.

4.2 Boards within the portfolios

The two portfolios also has a number of boards and committees appointed by the Minister of Fisheries. Details of the membership of the main boards and a short commentary on their functions are set out below.

The Catch History Review Committee is established under the Fisheries Act 1996 to hear and determine appeals against decisions by the Chief Executive in relation to allocations of provisional catch history or eligibility to receive provisional catch history. The Chief Executive's decisions are a precursor to allocations of quota when species are introduced into the QMS.

Taiapure-Local Fishery Management Committees

Once a taiapure-local fishery is in place, the Minister appoints a committee of management. The committee has the power to recommend the Minister make regulations to conserve and manage fisheries in the taiapure-local fishery.

At present there are five committees appointed, with two others likely to be appointed in the near future. The terms of appointment of a committee are set out in section 184 of the Fisheries Act 1996.

There is currently no direct funding to support the work of taiapure-local fishery management committees. This is an issue of concern to some committees.

Biosecurity Council

The Biosecurity Council is a forum to coordinate strategic policy advice to the Minister of Biosecurity. Its terms of reference are approved by the Minister for Biosecurity and reviewed every two years.

The Council has an independent Chair, appointed by the Minister, and meets four times a year. The current Chair is John Hellstrom. Membership of the Council comprises the Chief Executives of MAF, MFish, DoC, Health, ERMA, MoRST, TPK and representatives from Regional Councils, environmental groups, and primary production industry.

New Zealand Fishing Industry Board

The Fishing Industry Board Repeal Act 2001 provides for the Board to wound up on 1 October 2002. An Order-in-Council has been signed dissolving the Board and providing for the transfer of its assets and liabilities to SeaFIC on 1 October.

4.3 External relationships

MFish has a wide range of external relationships including other government agencies, Treaty partners, service providers and stakeholders groups. These relationships are summarised in Figure 1 and described further below.

Figure 1. External Relationships   

 

Department of Conservation (DoC)

DoC has a statutory function to advocate for conservation of natural and historic resources. It also has responsibility for marine reserves and protecting marine mammals and seabirds. The Chief Executive of DoC is a member of the Biosecurity Council.

MFish works with DoC on operational advice concerning protected species interactions with fishing, and marine reserve proposals under the Marine Reserves Act . The views and input of DoC officials are often sought in the development of MFish policy. DoC regional offices interact with MFish staff at the local level on fisheries related issues. MFish administers the conservation services cost recovery levy process. DoC and MFish are working together on aquaculture reform and oceans policy.

A Memorandum of Understanding (MOU) formalises the departments' agreement to work together. It is directed at ensuring cooperation in a number of areas including protected species fisheries interactions, marine reserves, biosecurity risks, research and the nature and extent of fisheries and conservation services. Despite the MOU there is still unproductive tension between the agencies on some issues. Both Chief Executives are committed to improvement, and are establishing processes to ensure the departments work in a constructive manner to achieve the overall collective interests of government.

Ministry for the Environment (MfE)

MfE provides advice on the state of the New Zealand environment, the way environmental laws work in practice and actions necessary to improve environmental management. It administers the Resource Management Act and contributes to interdepartmental work on biological diversity and marine environmental issues. The Chief Executive of MfE is a member of the Biosecurity Council.

MfE and MFish are working together on environmental indicators for fisheries, aquaculture reform, and oceans policy, which the Ministry for the Environment is now leading. MfE also provides input on a range of fisheries policy issues.

Ministry of Foreign Affairs and Trade (MFAT)

MFish works closely with MFAT on international fisheries issues. Issues relate mainly to protecting and enhancing New Zealand's fisheries interests in global fisheries agreements, regional fisheries management, foreign licensing and market access. Although MFAT is the lead government agency on most international fisheries issues, MFish provides specialised technical support.

Ministry of Agriculture and Forestry (MAF)

The Ministry of Agriculture and Forestry (MAF) provides advice to the Government on agriculture and forestry matters, including primary production and trade. MAF's Biosecurity Authority has a lead role in implementing the Biosecurity Act 1993 in the terrestrial and freshwater environments for animal, plant and forestry pests and diseases affecting agriculture, horticulture, forestry and indigenous flora and fauna. MAF provides advice on these matters to Minister for Biosecurity. The MAF Biosecurity Authority conducts a number other activities, including border inspection and containment. MFish implements the Biosecurity Act 1993 in the marine environment to deal with the risk of entry and establishment, and implement controls of undesirable marine organisms. MFish provides advice on these matters to the Minister for Biosecurity.

The Chief Executive of MAF is a member of the Biosecurity Council.

The New Zealand Food Safety Authority is a separate organisation attached to the Ministry of Agriculture and Forestry. It was set up on 1 July 2002 to administer legislation covering food (including seafood) for sale on the domestic market, primary processing of animal products and official assurances related to their export, exports of plant products and the controls surrounding registration and use of agricultural compounds and veterinary medicines. It is the New Zealand's controlling authority for imports and exports of food and food related products.

Ministry of Research, Science and Technology (MoRST) and Foundation for Research, Science and Technology (FoRST)

MFish works with MoRST and FoRST to determine research and funding priorities in fisheries research and minimise the overlap of research between funding organisations.

New Zealand Police

MFish has a Memorandum of Understanding with New Zealand Police that provides the formal authority for operational arrangements of mutual co-operation and assistance. In addition to the primary law enforcement and policing roles, sworn members of Police are deemed to be Fishery Officers under the Fisheries Act.

Active co-operation between MFish compliance business and NZ Police includes the provision of operational support in specific enforcement operations and training and development of personnel. Collaboration also occurs in other areas including health and safety of personnel, development and operation of new processes, systems and technologies, sharing of specialised skills/capacity and resources, and sharing of technology and information.

New Zealand Defence Forces

The NZ Defence Forces have responsibilities for surface and aerial surveillance of the EEZ. MFish and NZ Defence Forces share information on offshore fishing operations to ensure that surveillance efforts are directed at the areas of highest risk and that fisheries related surveillance capacity is efficiently utilised. The Ministry continues to support and participate in the implementation of the Maritime Patrol Review outcomes, including increased and improved aerial surveillance and the upgrading of the Navy fleet. Along with other agencies with interests and responsibilities in the maritime environment, MFish contributes to the operation of the Maritime Intelligence Co-ordination Centre (MICC), established in 2001 at the Joint Defence Operations Headquarters at Trentham. A Maritime Co-ordination Centre (MCC) is being established to co-ordinate all government maritime patrol requirements and delivery of surveillance and patrol services. MFish is an active participant in the working group and the operation of the MCC.

Other

MFish works with Treasury, Te Puni Kökiri, Office of Treaty Settlements, Ministry of Justice, State Services Commission, Ministry of Economic Development, Department of Labour, Environmental Risk Management Authority, and Customs on fisheries related issues as they arise.

Treaty Partner: relationships with tangata whenua

MFish interacts with tangata whenua on a number of different levels. This interaction will continue to increase. Treaty settlement processes often include fisheries matters. In addition we continue to implement the customary fishing regulations and have ongoing consultation obligations in the Fisheries Act 1996. Mäori are now the largest players in New Zealand's commercial fishing industry. Tangata whenua can manage their non-commercial customary fishing activity through customary regulations. Mäori are also substantial recreational fishers.

TOKM manages the commercial fishing assets of Maori, on behalf of Maori. While MFish currently interacts with TOKM in respect of commercial fisheries, that interaction will need to embrace iwi-based fishing organisations when allocation of the fisheries settlement assets takes place. MFish is working closely with TOKM to ensure that the allocation proposal submitted to the Minister of Fisheries meets legislative obligations and has followed due process.

The Fisheries Act 1996 requires the Minister to provide for the input and participation of tangata whenua in sustainability decisions that affect their non-commercial interests. MFish currently consults with over 100 iwi and hapü on matters affecting their fisheries. However, the obligation to provide for input and participation of tangata whenua requires more meaningful forms of interaction be developed and implemented. The Treaty strategy, discussed earlier, is the major MFish initiative directed at building better working relationships with tanagata whenua, and improving the delivery of legislative obligations.

External service providers

In 1999 the Fisheries Act 1996 was amended to enable more flexible delivery of fisheries management services. In October 2001, the Fisheries Act 1996 was fully commenced, bringing in major changes to the nature of some services and the method by which they are delivered. Many registry-based services are now devolved to SeaFIC as an approved service delivery organisation (ASDO) or provided under contract through SeaFIC. The Minister sets standards and specifications for devolved services, while the Chief Executive sets standards and specifications for contracted services.

Once functions, duties and powers are transferred to an ASDO the specific related services become the sole responsibility of the ASDO to deliver. Failure to comply with the statute and standards and specifications can lead to civil sanctions imposed on the ASDO.

Functions, duties and powers that remain the responsibility of the Chief Executive can be delivered by MFish or by a service delivery agency under a contract. In respect of fisheries research services, a fully contestable contracting process was introduced from 1 July 1997.

The two principal external service providers are FishServe and NIWA. MFish also has contracts with other providers for research services.

FishServe

SeaFIC was appointed the ASDO for delivery of registry-based services and statutory functions were transferred to it on 1 October 2001. Since then, Commercial Fisheries Services Limited, a wholly owned subsidiary of SeaFIC, assumed responsibility for delivery of registry services and MFish ceased to be involved directly in the delivery of services. Commercial Fisheries Services operates under the brand name 'FishServe'.

Functions, duties and powers devolved to FishServe include:

• registering clients and vessels;
• licensing fish receivers;
• issuing catch return books (excluding catch effort returns), returns management processes including electronic data transfer for statutory reporting (excluding catch effort);
• processing quota and ACE transactions, including mortgages and caveats;
• catch balancing.

In addition to its devolved services, FishServe provides services under contract to MFish as a service delivery agency. Functions, duties and powers contracted to FishServe include:

• delivery of catch effort services, including issuing return books and the returns management process;
• issuing fishing permits;
• registering foreign owned vessels, charter vessels, and fish carriers;
• monitoring catch limits; and
• delivery of revenue services, including invoicing, receiving and debt management of cost recovery and deemed values.

NIWA

Research projects are let through a contestable tendering process where tenders are evaluated through an earned value basis, combining aspects of both quality and cost. Most contracts for fisheries research, in what is still a relatively 'thin' market, have been awarded to the National Institute for Water and Atmospheric Research Ltd (NIWA).

Aside from its research activities, NIWA also maintains, on behalf of MFish, the research databases and other research information.

Stakeholder groups

Before taking a range of statutory decisions under the Fisheries Act 1996, the Minister must consult with stakeholders, including Maori, the commercial fisheries sector, recreational fisheries interests, and environmental groups.

Commercial Fishing and Aquaculture Sector

A number of organisations represent the fishing industry in New Zealand. There are also a number of companies or incorporated bodies that represent commercial interests of a particular fishery or a range of fisheries.

• New Zealand Seafood Industry Council (SeaFIC)
  
  The NZ Seafood Industry Council is a company whose shares are principally held by commercial stakeholder organisations. The shareholders elect a Board responsible for managing the business affairs of the Company. The Board is responsive to advice from the Policy Council, a forum open to participants in the commercial seafood industry. In 1997 SeaFIC took over the majority of the activities mandated by the Fishing Industry Board Act 1963. Its primary role is the promotion and development of the New Zealand seafood industry.
  
  As noted above the Fishing Industry Board will be wound up on 1 October. Its functions have already passed to SeaFIC.
• Treaty of Waitangi Fisheries Commission (Te Ohu Kai Moana - TOKM)
  
  TOKM was established as part of the Treaty of Waitangi (Fisheries Claims) Settlement Act 1992. It holds in trust assets provided by the Crown prior to and after the Settlement. Its main task is the development of a method to allocate the trust's assets to iwi. Its functions are to:
• facilitate the entry of Mäori into, and development by Mäori of, the business and activity of fishing
• grant assistance to enable Mäori or groups of Mäori to enter into, continue in or develop the business and activity of fishing.

• New Zealand Federation of Commercial Fishermen
  
  This organisation represents small owner operators in the fishing industry.
• New Zealand Fishing Industry Guild
  
  This organisation represents the interest of those who work on fishing boats and in processing sheds.
• New Zealand Aquaculture Council
  
  Formed by its constituent groups, this organisation represents the aquaculture industry on national issues affecting all sectors of aquaculture, as well as the NZ Abalone Farmers Association, New Zealand Oyster Farmers Association and the Central Eel Enhancement Company.

Environmental Sector

MFish interacts with a number of environmental groups with strong interests in the sustainability of fisheries and the effect of fishing on the environment.

• Environmental and Conservation Organisations of New Zealand (ECO)
  
  ECO represents 70 member organisations with a concern for conservation and the environment, and is involved in a number of MFish processes, including the determination of fisheries services, research planning, and sustainability advice. A major interest for this group is in the provision for non-extractive use of our fisheries.
• Royal Forest and Bird Protection Society
  
  This organisation represents 40,000 members in 56 branches around the country and has been an advocate for conservation and protection of New Zealand's natural resources since 1923. It is interested in marine reserves and issues relating to the protection of New Zealand's marine ecosystem.
• Greenpeace
  
  This is an international organisation with over 31,000 supporters in New Zealand. Its primary interest is the adverse effect of fishing on protected species.
• World Wide Fund for Nature
  
  This is a science-based international conservation organisation. An independent science advisory committee oversees its research and policy programmes.
  
  Recreational Fishing Sector
  
  Most marine recreational fishers do not belong to recreational fishing organisations. However, the following group represents segments of the sector.

New Zealand Recreational Fishing Council Inc (NZRFC)

This is an umbrella group representing the Big Game Fishing Council and the NZ Underwater Association as well other national associations, regional associations and clubs throughout New Zealand.