30 June 2008 Media Statement

Maori aquaculture settlement consultation

Fisheries Minister Jim Anderton is calling for submissions on a Plan that assesses the Crown's progress on its obligations to iwi under the Maori Commercial Aquaculture Claims Settlement Act 2004.

The plan will provide a road map on how the Crown intends to meet its outstanding obligations by 2014.

Jim Anderton said the development of this plan marked an important stage in the implementation of the aquaculture settlement.

"It canvasses a range of issues including the potential to amend the existing settlement legislation to better deliver the settlement assets to iwi.

"I'm committed to moving toward our goal of full and final settlement and I'm seeking the views of iwi, Te Ohu Kaimoana Trustee Limited, and others on this plan."

Under this settlement the Crown has two obligations:
The new space obligation requires iwi are provided with 20% of all new aquaculture space created after 1 January 2005; and
The pre-commencement space obligation requires the Crown to provide iwi with the equivalent of 20% of existing aquaculture space created between 21 September 1992 and 31 December 2004.

Jim Anderton said the plan outlined how the Crown intended to use the legislated settlement methods to provide settlement assets to iwi and fulfil its settlement obligations. These include how the Crown might purchase marine farms and how the financial equivalent may be determined.

The Plan will be released for consultation to iwi organisations and Te Ohu Kaimoana Trustee Limited, as well as regional councils and members of the aquaculture industry.

"I look forward to working with iwi to develop the Plan and advance this settlement," he said.

Submissions close Friday 31 October 2008.

The Maori Commercial Aquaculture Settlement - Consultation on a plan to fulfil the Crown's settlement obligations is available on the www.fish.govt.nz, click on Consultations. Printed copies are available on request from Charon Mason at the Ministry of Fisheries on 04 819 4252 or charon.mason@fish.govt.nz.

Background
The Settlement

During the late 1990s the Government began to develop a new regime for managing aquaculture in New Zealand. The proposed aquaculture reforms sought to introduce and amend existing legislation relating to aquaculture management in the coastal marine area. The possibility of conflict between the principles of the Treaty of Waitangi and the proposed aquaculture reforms was raised in claims before the Waitangi Tribunal by a number of iwi.

The Waitangi Tribunal agreed the proposed reforms would breach the principles of the Treaty of Waitangi, as it found Maori have an interest in marine farming that forms part of a bundle of rights in the coastal marine area that represent a taonga protected by the Treaty of Waitangi.

The Maori Commercial Aquaculture Claims Settlement Act 2004 (the Act) was a legislated response to give effect to the findings of the Waitangi Tribunal.

The Maori Commercial Aquaculture Claims Settlement Act 2004
The purpose of the Act is to:
(a) provide a full and final settlement of Maori
claims to commercial aquaculture on or after 21
September 1992; and
(b) provide for the allocation and management of
aquaculture settlement assets.

The settlement requires that iwi are provided with 20% of all new aquaculture space created through the establishment of "aquaculture management areas" (AMAs) from 1 January 2005. The settlement also establishes the Crown's obligation to provide iwi with the equivalent of 20% of the aquaculture space created between 21 September 1992 and 31 December 2004 ("pre-commencement space").
For more information see Details of the Maori Commercial Aquaculture Claims Settlement booklet at: www.fish.govt.nz.
Other useful information can be found at: www.aquaculture.govt.nz or at: www.leglislation.govt.nz.

Maori and aquaculture development
Maori are already a significant player in aquaculture. The Maori Commercial Aquaculture Claims Settlement Act 2004 further cements the place of Maori in this sector.
The success of Maori in aquaculture is inextricably linked to the success of the wider aquaculture industry.
There are also significant cultural aspects for Maori in aquaculture development as it enables them to continue their role as kaitiaki in relation to the management over marine resources.
For more information see Maori and Aquaculture Development at:
http://www.tpk.govt.nz/en/in-print/our-publications/publications/maori-and-aquaculture-development/

ENDS

© Scoop Media