Service delivery issues
Appointment of new Approved Service Delivery Organisation (ASDO)
Certain registry services required under the Fisheries Act 1996 ("the Act") have been delivered by an external industry owned company since 1 October 2001. The responsibility for the functions, duties and powers of the Chief Executive in relation to these registry services was transferred to the New Zealand Seafood Industry Council Limited (SeaFIC) by way of Order in Council in 2001. This is commonly referred to as devolution. The Order in Council transferring those functions, duties and powers to SeaFIC expires on 30 September 2006.
In June and July 2005 the Ministry advertised for expressions of interest (EOI) from companies to deliver the suite of services under devolution. Despite initial interest from several companies, SeaFIC was the only company to formally respond.
The ASDO evaluation panel consisted of four Ministry staff from different business groups and one representative from the Ministry for the Environment. The panel met on 20 July 2005 to evaluate SeaFIC's response to the EOI. The Vote Fisheries Analyst from the Treasury was kept informed of the ASDO approval process. He was to be on the evaluation panel if the Ministry received more than one response. However, as the only response received was from the current ASDO, he advised that he did not need to play an active role in the evaluation.
The task for the evaluation panel was to focus on analysing SeaFIC's response against the Ministry's expectations for each criterion and agreeing whether or not the respondent satisfactorily met those expectations.
On 27 July 2005 the Ministry recommended that SeaFIC be appointed as an ASDO from 1 October 2006 for a period of seven years. As required by the Act, the Minister consulted with the Minister for the Environment who concurred with the recommendation.
The Ministry will begin preparing papers for Cabinet consideration proposing a new Order in Council appointing SeaFIC as an ASDO for a period of seven years from 1 October 2006.
Action:
- consider Cabinet papers in October and November 2005 proposing an Order in Council appointing SeaFIC as an ASDO from 1 October 2006.
Maori Commercial Aquaculture Claims Settlement
Since 1 January 2005 the Ministry of Fisheries has been responsible for administering the allocation of the equivalent of 20% of 'existing' aquaculture space in the coastal marine area, issued on or after 21 September 1992 to the trustee, for their allocation to iwi. The key initial tasks have been the establishment of the role of the trustee, quantification of the space, and developing a communication package.
In addition the Ministry is currently preparing advice on regulations relating to the establishment of a settlement asset register by the Ministry and the operation of the trustee, and advice on an Order in Council to add three further harbours to the Second Schedule of the Maori Commercial Aquaculture Claims Settlement Act 2004. Further advice will be forthcoming on an Order in Council instructing regional councils to provide additional space to the trustee to enable the Crown to settle obligations relating to existing aquaculture space. Should any defects in the legislation be identified in the course of implementing the aquaculture settlement, advice will be provided on necessary amendments.
Actions:
- in November 2005, recommend regulations relating to the establishment of a settlement asset register and the operation of the trustee
- in November 2005, recommend an Order in Council to add three new harbours to the Second Schedule of the Maori Commercial Aquaculture Claims Settlement Act 2004
- in early 2006 recommend an Order in Council instructing regional councils to provide additional new aquaculture space to the trustee
- consider advice on any necessary amendments to the Maori Commercial Aquaculture Claims Settlement Act 2004.