Māori commercial aquaculture claims settlement

We are responsible for the Crown's delivery of the Māori commercial aquaculture settlement process.

Delivering the settlement

The Māori Commercial Aquaculture Claims Settlement Act 2004 provides for a full and final settlement of Māori commercial aquaculture claims since 21 September 1992. The Act delivers this settlement through providing settlement assets to Te Ohu Kaimoana Trustee Limited (the Trustee) for distribution to Iwi Aquaculture Organisations. The settlement assets must be representative of 20% of aquaculture space, where that space is generally either:

  • Pre-commencement space

Marine farming space applied for between 21 September 1992 and 31 December 2004 (if subsequently granted)

  • New space

New marine farming space (consented or anticipated) from 1 October 2011.

Regional agreements

Settlements are made under regional agreements between the Iwi Aquaculture Organisations that represent a region, the Crown and the Trustee. Regional agreements can deliver a mix of settlement assets.

Aquaculture space is settled by region, based on regional councils' and unitary authorities' boundaries. The exception to this is that in some cases the harbours identified in the second Schedule of the Act will be settled between only those iwi whose rohe (traditional areas) abut those harbours.

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Settlement processes

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Pre-commencement space process

The Minister for Primary Industries finalised a Pre-commencement Space Plan on 8 December 2014 that sets out how the Crown intends to fulfil its pre-commencement space settlement obligations. The purpose of the plan is to provide more certainty about how settlement assets will be delivered to iwi. Up to July 2015 only cash has been transferred under completed regional agreements for pre-commencement space.

For more information, download the:

The Deed to Settle the South Island and Coromandel

The first regional agreement to be completed under the Māori commercial aquaculture settlement process (pre-commencement space) was the Deed to Settle the South Island and Coromandel. An Agreement in Principle was signed on Monday 13 October 2008 by Ministers and iwi representatives at Parliament.

The Deed was signed by Ministers and iwi representatives on 6 May 2009 at Museum of New Zealand Te Papa Tongarewa Marae. It allowed for a one-off cash payment of $97 million in full and final settlement of the Crown's obligations for pre-commencement space granted after 21 September 1992 in the regions named. Download the:

Agreement in Principle [PDF, 666 KB]

Deed for South Island and Coromandel [PDF, 1.6 MB]

Other agreements

Since completion of the Deed other regional agreements to settle pre-commencement space have been completed.

 

Regional agreementSpace (ha)Completion date
South Island and Coromandel (the Deed) 8,759.65 May 2009
3,119.571 2011
Chatham Islands 8.00 June 2010
Kaipara Harbour (Northland) 96.79 November 2010
Whangaroa Harbour (Northland) 8.00 February 2013
Hawke's Bay 2,465.00 June 2012
Bay of Plenty 3,806.02 July 2014
Total 18,263.03  

1. This space (two offshore marine farms) was settled under the Deed, however, it was settled after completion of the Deed under provisions in the Deed that provided for “further payments” to be made.

New space process

New space is space that is subject to the consent process under section 116A of the Resource Management Act 1991 in terms of aquaculture activities in the coastal marine area from 1 October 2011 onwards. It can be space that is actually consented after 1 October 2011 or space that is anticipated or forecast to be used for aquaculture activities in the future.

The Crown must use its best endeavours to negotiate and enter into regional agreements to settle these new space obligations. The Māori Commercial Aquaculture Claims Settlement Act sets out the statutory timeframes within which those regional agreements must be entered into – although these timeframes can be extended by the Minister.

The Minister for Primary Industries’ New Space Plan is the framework for how the Crown will deliver on the settlement of new space under the Act.

Notifying aquaculture space through Gazette notices

Under the Māori Commercial Aquaculture Claims Settlement Act, powers have been given to the Minister to gazette space in the coastal marine area to create future settlement options.

This power is being used to notify space for settlement purposes, mitigating the risk that private interests have first access to better aquaculture space while regional agreements are being negotiated.

Purpose of Gazette notices

Notifying space under Gazette notices does not change current uses or rules. But it stops private interests from applying for resource consents to carry out aquaculture activities. It also prevents regional authorities from consenting other activities that might affect future aquaculture activities.

All gazetted space is still subject to the resource consents process and any other regulatory requirements before it can be approved for aquaculture. Community participation is a core component of Resource Management Act 1991 processes.

Gazette notices are not a replacement for negotiated regional settlements.

Gazette notices issued

Gazette notices have been issued for aquaculture settlement purposes for areas in:

  • Northland, Waikato (east), and Marlborough where aquaculture development is expected (Gazette notice issued 29 September 2011)
  • The Marlborough Sounds (10 May 2012)
  • Akaroa Harbour (18 October 2012).

The notices can be in read in the New Zealand Gazette on the Department of Internal Affairs website:

These Aquaculture Settlement Areas have been gazetted to allow the government to enter into meaningful negotiations with iwi. However, gazetting space doesn't confer any other rights or certainty the space will later become part of a regional agreement under the settlement.

 

RegionSiteAreaDate Notified

Northland

Te Ngaire Bay

10 ha

29 September 2011

Northland

Ahipara

10 ha

29 September 2011

Northland

Hokianga Harbour

12.5 ha

29 September 2011

Northland

Herekino Harbour

12.5 ha

29 September 2011

Waikato (east)

Coromandel Marine Farm Zone

60 ha

29 September 2011

Waikato (east)

Coromandel Harbour

10 ha

29 September 2011

Marlborough

Port Gore - South

23 ha (initially notified for 7.5 ha)

29 September 2011 and
extended 10 May 2012

Marlborough

Port Underwood - Entrance

20 ha

29 September 2011

Marlborough

Crosilles Harbour - Upper

2 ha

29 September 2011

Marlborough

Crosilles Harbour - Oyster Bay

3 ha

29 September 2011

Marlborough

Tory Channel - Oyster Bay

3 ha

29 September 2011

Marlborough

Port Underwood - Upper

2 ha

29 September 2011

Marlborough

Tawero Point North

8 ha

10 May 2012

Marlborough

Tawero Point South

20 ha

10 May 2012

Canterbury

Lucas Bay

20 ha

18 October 2012

Who to contact

Te Ohu Kai Moana Trustee Ltd is the Trustee of the Māori Commercial Aquaculture Settlement process, and allocates all aquaculture settlement assets under the Māori Commercial Aquaculture Claims Settlement Act 2004 to Iwi Aquaculture Organisations.

Trustee contact is Kirsty Woods:

We responsible for overseeing the Crown's delivery of aquaculture settlement assets to the Trustee.

The contact is Kelly Dunn, Director Māori Partnership and Programmes:

  • Phone 04 819 4682.
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