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.
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.
Independent evaluation of the new space regime
In 2019 the Government’s Aquaculture Strategy committed to an independent evaluation of the benefits of the aquaculture settlement. This was to assess whether improved mechanisms could better advance Crown and iwi aspirations. That review was undertaken in 2020.
The overarching objectives for the independent evaluation were:
- ascertain Crown and iwi intent and aspirations for the aquaculture settlement
- identify the implementation outputs achieved to date
- assess whether those outputs are aligned with the outcomes and aspirations
- identify the benefits and shortcomings of current mechanisms and outputs
- consider whether improved mechanisms and outputs could better advance Crown and iwi outcomes and aspirations taking into account expected new space aquaculture developments (including those in the Aquaculture Strategy)
- suggest recommendations for improvements to:
- advance Crown and iwi outcomes and aspirations
- improve outputs
- maximise benefits
- overcome barriers for future successful delivery of the new space settlement mechanisms.
The recommendations align well with Fisheries New Zealand's and Te Ohu Kaimoana's thinking.
The Maori Commercial Aquaculture Claims Settlement Act 2004 requires the Crown to prepare a plan (the New Space Plan) that says how it will deliver the aquaculture settlement. The New Space Plan establishes processes and methods for determining the value of settlement assets. The Settlement Act requires that it is periodically reviewed.
A review is currently underway. After the review, we will incorporate our response and implementation of the independent evaluation’s recommendations. We will engage iwi aquaculture organisations and recognised iwi organisations on implementation of the recommendations through the process to update the New Space Plan.
Independent evaluation report [PDF, 986 KB]