Fisheries Amendment Act (No 3) 2004

1: Title
1: This Act is the Fisheries Amendment Act (No 3) 2004.
2: In this Act, the Fisheries Act 1996 the principal Act
2: Commencement
This Act comes into force on 1 January 2005.
3: Purpose
The purpose of this Act is to—
a: remove the requirement for aquaculture activities to be authorised by a marine farming permit or spat catching permit granted under the Fisheries Act 1983
b: require all fish farmers to be registered under the Fisheries Act 1996
c: provide for the chief executive of the Ministry of Fisheries to make aquaculture decisions; and
d: provide for aquaculture agreements between the holders of fisheries rights and persons who wish to undertake aquaculture activities in a part of an aquaculture management area that is subject to a reservation relating to commercial fishing.
4: Interpretation
1: Section 2(1) fish farm fish farmer fish farming fish farm
a: in relation to a person registered as a fish farmer under Part 9A
b: in relation to a person who holds a current licence under the Freshwater Fish Farming Regulations 1983 fish farmer
a: registered as a fish farmer under Part 9A
b: who holds a current licence under the Freshwater Fish Farming Regulations 1983 fish farming
a: means the breeding, hatching, cultivating, rearing, or ongrowing of fish, aquatic life, or seaweed for harvest; and
b: to avoid doubt, includes the possession and ongrowing of harvestable spat; but
c: does not include an activity specified in paragraph (a)
i: is not in the exclusive and continuous possession or control of the fish farmer; or
ii: cannot be distinguished or kept separate from naturally occurring fish, aquatic life, or seaweed.
2: Section 2(1) , the Fisheries Act 1983 Marine Farming Act 1971 or the Fisheries Act 1983
3: Section 2(1) fisheries services fishing and fish farming
4: Section 2(1) aquaculture activities Resource Management Act 1991 aquaculture decision section 186C aquaculture management area Resource Management Act 1991 determination section 186C farmed fish
a: of a species specified in the fish farmer's registration or licence under the Freshwater Fish Farming Regulations 1983
b: that was not acquired in breach of section 192A fish farmer register section 186K harvestable spat Schedule 8A reservation section 186C
5: Application of
Resource Management Act 1991
1: Section 6 subsection (2)
2: Subsection (1)
a: prevent a regional council from taking into account the effects of aquaculture activities on fishing or fisheries resources in establishing an aquaculture management area under section 165C of the Resource Management Act 1991
b: apply to a regional coastal plan to the extent that it establishes an aquaculture management area; or
c: prevent any regional plan or coastal permit authorising the erection in the coastal marine area of a fish farm structure or other structure.
2: Section 6(3) occupy 12(4) 2(1)
3: Section 6(4)
4: Section 16 Resource Management (Aquaculture Moratorium) Amendment Act 2002
6: New
sections 89A 89B The principal Act is amended by inserting, after section 89
89A: Exemption relating to farmed fish and spat catching
Section 89(1)
a: section 186U
b: an exemption granted under section 186Q
89B: Exemption relating to customary rights orders
Section 89(1)
a: the fish, aquatic life, or seaweed is taken from a site at which fish farming is being undertaken under a customary rights order under the Foreshore and Seabed Act 2004
b: the fish, aquatic life, or seaweed has been lawfully acquired and transferred to that site and ongrown, or bred or cultivated at that site, in accordance with the customary rights order.
7: Application of this Part
Section 114(a) including excluding
8: New
Part 9A The principal Act is amended by inserting, after Part 9
9A: Aquaculture
186C: Interpretation
In this Part,— adverse effect aquaculture decision determination reservation
1: Aquaculture decisions in relation to aquaculture management areas
186D: Request for aquaculture decision
1: A regional council may request the chief executive to make an aquaculture decision in relation to an aquaculture management area.
2: However, the regional council must not make a request in relation to an aquaculture management area that contains an area to which section 186F(1)(a), (b), or (c)
186E: Chief executive to make aquaculture decision
1: Within 6 months after accepting a request for an aquaculture decision, the chief executive must—
a: make a determination; or
b: make a reservation; or
c: make 1 or more determinations or reservations or both in relation to different parts of the area.
2: The chief executive may request the regional council that requested the aquaculture decision and any fisher whose interests may be affected to provide him or her with further information about the effects that the aquaculture management area would have on access to or displacement of fishing.
3: For the purposes of subsection (1) subsection (1)
4: Before making an aquaculture decision, the chief executive must—
a: consult the persons and organisations that the chief executive considers represent the classes of persons who have customary, commercial, or recreational fishing interests that may be affected by the aquaculture management area; and
b: consider any submissions made by those persons and organisations.
186F: Aquaculture decisions must not be made in relation to certain areas
1: The chief executive must not make an aquaculture decision if the decision would apply to an area for which—
a: a coastal permit under the Resource Management Act 1991
b: a deemed coastal permit under section 10 of the Aquaculture Reform (Repeals and Transitional Provisions) Act 2004
c: an application for a coastal permit under the Resource Management Act 1991 section 150B(2) of that Act
2: However, subsection (1) section 186H(1)(d)(ii)
186G: Matters to be considered before aquaculture decision made
In considering, for the purposes of making an aquaculture decision, whether an aquaculture management area will have an undue adverse effect on fishing, the chief executive must have regard only to the following matters:
a: the location of the aquaculture management area in relation to areas in which fishing is carried out:
b: the effect of the aquaculture management area on fishing of any fishery, including the proportion of any fishery likely to become affected:
c: the degree to which aquaculture activities within the aquaculture management area will lead to the exclusion of fishing:
d: the extent to which fishing for a species in the aquaculture management area can be carried out in other areas:
e: the extent to which the aquaculture management area will increase the cost of fishing:
f: the cumulative effect on fishing of any previous aquaculture activities.
186H: Requirements for aquaculture decision
1: An aquaculture decision must—
a: be in writing; and
b: define the areas that are subject to the decision; and
c: provide reasons for the decision; and
d: if the decision is a determination based on a rule in a regional coastal plan or proposed regional coastal plan that relates to the character, intensity, or scale of the occupation of the aquaculture management area for aquaculture activities,—
i: specify the rule; and
ii: state that the rule may not be revoked or amended until the chief executive makes a further aquaculture decision in relation to the area affected by the revocation or amendment; and
e: be notified to the regional council.
2: If the chief executive makes a reservation, the reservation must also include—
a: whether the reservation relates to customary, recreational, or commercial fishing or a combination of them; and
b: if the reservation relates only to commercial fishing, the stocks and areas concerned, specifying any stocks subject to the quota management system, any stocks or species specified in Schedules 4C and 4D
c: any other matters required by regulations to be included.
3: The chief executive must—
a: publicly notify the fact that he or she has made a determination or reservation; and
b: in the notice published for that purpose, include—
i: the information specified in subsections (1) and (2)
ii: information about where a copy of the determination or reservation can be obtained.
186I: Appeal against aquaculture decision
1: The following persons may appeal to the High Court against an aquaculture decision:
a: the person who requested the aquaculture decision, being the regional council or the person specified in a notice given under section 165ZC of the Resource Management Act 1991
b: any person consulted or who ought to have been consulted under section 186E(4)
c: any person who has an interest in the decision greater than the public generally.
2: An appeal must be filed within 3 months after public notification of the aquaculture decision.
3: The High Court may confirm or modify the aquaculture decision appealed against or substitute a different aquaculture decision.
186J: Judicial review of aquaculture decision
Any person wishing to seek, under Part 1 of the Judicature Amendment Act 1972
2: Fish farmers
186K: Fish farmer register
1: The chief executive must keep a fish farmer register.
2: The register may be kept in the form of information stored by means of a computer.
3: The register may be kept in conjunction with any other register required to be kept under this Act.
4: The Crown owns all the information in the register that is required by this Act to be contained in the register.
5: The chief executive must, by notice in the Gazette
6: Without limiting section 297
186L: Information to be shown in fish farmer register
The fish farmer register must contain the information required by regulations made under section 297
186M: Access to fish farmer register
1: The fish farmer register is a public register for the purposes of the Privacy Act 1993
2: The fish farmer register must be open for inspection by members of the public on payment of the prescribed fee (if any) during the hours stated by notice in the Gazette section 186K(5)
3: The Crown is not liable in damages for any loss or damage resulting from—
a: any error in or omission from the fish farmer register; or
b: any inaccuracy in a search of the fish farmer register.
4: The chief executive must, on request and payment of a reasonable charge fixed by the chief executive, supply to any person copies of all or any part of the fish farmer register.
5: If the chief executive is satisfied, on the application of any person, that the disclosure of the person's address (as entered in the register) would be prejudicial to the personal safety of the person or his or her family, the chief executive may direct that the information must not be made available for inspection or otherwise disclosed.
186N: Fish farmer must advise chief executive of certain changes
1: A fish farmer must apply to the chief executive under section 186W
2: To avoid doubt, subsection (1) Resource Management Act 1991
3: Every fish farmer who contravenes subsection (1) section 252(6)
186O: Limitations on holding and dealing with fish farmer registration
A fish farmer may not transfer, lease, or assign his or her registration as a fish farmer.
186P: Restriction on fish farming
1: A person must not undertake fish farming except in accordance with—
a: the person's registration as a fish farmer; or
b: an exemption granted by the chief executive under section 186Q
2: Every person who contravenes subsection (1) section 252(5)
186Q: Exemptions
1: The chief executive may, by notice in the Gazette section 186P(1)(b)
2: In deciding whether to grant an exemption, the chief executive must have regard to—
a: the scale of the fish farmer's proposed fish farming operations, including the number of sites and the quantity of fish, aquatic life, or seaweed involved; and
b: the species of the fish, aquatic life, or seaweed proposed to be farmed; and
c: the use to which the farmed fish, aquatic life, or seaweed is to be put; and
d: any other fishing related operations carried out or proposed to be carried out by the fish farmer; and
e: any other matter that the chief executive considers relevant.
3: An exemption may be granted on such terms and conditions as the chief executive thinks fit.
4: An exemption may be granted—
a: to 1 or more persons or classes of persons; and
b: for fish farming generally or 1 or more different types of fish farming.
5: However, the chief executive may grant an exemption to a specified fish farmer only if the fish farmer has—
a: applied to the chief executive on the approved form for the exemption; and
b: paid to the chief executive the prescribed fee (if any).
6: The chief executive may, by notice in the Gazette
a: amend, add, or revoke any term or condition in the exemption; or
b: revoke the exemption.
7: The chief executive must not do anything under subsection (6)
8: Anything done under subsection (6)
186R: Applications to register as fish farmer
1: A person wishing to register as a fish farmer must apply to the chief executive on the approved form and pay the prescribed fee.
2: The application must be accompanied by a copy of the appropriate resource consent or certificate of compliance under the Resource Management Act 1991
3: The chief executive may—
a: request an applicant to provide further information to enable the chief executive to make a decision on the application; and
b: defer making a decision on the application until the further information is provided.
186S: Decision on application
1: The chief executive must grant or decline an application to register a fish farmer.
2: The chief executive must decline an application if—
a: the chief executive is not satisfied that—
i: the applicant has a resource consent or certificate of compliance under the Resource Management Act 1991
ii: the applicant has the consent of a person who has a resource consent or certificate of compliance under the Resource Management Act 1991
b: the applicant does have a resource consent or certificate of compliance under the Resource Management Act 1991
c: the applicant proposes to farm a species and the farming of the species would contravene another enactment.
3: The chief executive may decline an application if the applicant has been convicted within the 5 years immediately preceding the application of an offence involving fish, aquatic life, or seaweed.
4: The chief executive may grant an application from an applicant specified in subsection (3)
5: Without limiting the conditions that may be imposed under subsection (4)
a: the species of fish, aquatic life, or seaweed that may be farmed:
b: the processes and systems (including recordkeeping, reporting, storage, and labelling) that the applicant must use in operating the fish farm:
c: the involvement in the operations of the fish farm of any person convicted of a fisheries offence.
186T: Section 186S sections 30 and 31 of Aquaculture Reform (Repeals and Transitional Provisions) Act 2004 Section 186S sections 30 and 31 of the Aquaculture Reform (Repeals and Transitional Provisions) Act 2004
186U: Effect of registration
While a fish farmer's registration is current, the fish farmer and any employee or agent of the fish farmer may do any of the following things to the extent authorised by, and in accordance with terms and conditions of, the registration:
a: take farmed fish from a site specified in the registration; and
b: possess, sell, or otherwise dispose of farmed fish.
186V: Registration of fish farmer
If the chief executive grants an application to register a fish farmer, the chief executive must—
a: enter in the fish farmer register—
i: the date on which the application was granted; and
ii: the name of the fish farmer; and
iii: the location and boundaries of the fish farm in relation to which the fish farmer is registered; and
iv: the species of fish, aquatic life, or seaweed that may be farmed at the fish farm; and
v: any other information specified in regulations under this Act; and
b: issue a notice of registration to the fish farmer setting out—
i: the details entered in the register in relation to the fish farmer; and
ii: any conditions imposed under section 186S
186W: Variation of registration
1: The chief executive may, on his or her own initiative or on the application of a fish farmer, vary the registration of the fish farmer to ensure that the information in the fish farmer register is correct and complete.
2: If the chief executive proposes to vary the registration of a fish farmer on his or her own initiative, the chief executive must, before doing so,—
a: give the fish farmer concerned notice in writing of the proposed variation; and
b: give the fish farmer a reasonable opportunity to make submissions to the chief executive about the proposed variation; and
c: consider any submissions made by the fish farmer.
3: If the chief executive varies the fish farmer register, the chief executive must record in the register the date on which the variation is made and the date on which the variation takes effect.
4: After varying the fish farmer register, the chief executive must give the fish farmer a notice in writing of the variation and of the date on which the variation takes effect.
5: The chief executive must not vary the registration of a fish farmer if the proposed variation were treated as an application to register as a fish farmer and the chief executive would have had to decline the application under section 186S(2)
186X: Appeal against suspension of fish farmer registration
A District Court may at any time on application by a fish farmer whose registration is suspended under section 269
186Y: Revocation of registration
1: The chief executive must revoke the registration of a fish farmer if—
a: the fish farmer concerned requests the chief executive to do so; or
b: the chief executive is satisfied that the fish farmer has ceased to be entitled to be registered.
2: The chief executive must not revoke the registration of a fish farmer under subsection (1)(b)
a: given the fish farmer concerned notice in writing of the proposed revocation and the grounds on which it is based; and
b: given the fish farmer a reasonable opportunity to make submissions to the chief executive.
3: If the chief executive revokes the registration of a fish farmer under this section, the chief executive must give the fish farmer a notice in writing of the revocation and the date on which the revocation takes effect.
4: This section does not require the chief executive to remit or refund any fees, charges, or levies paid or payable by the fish farmer for the period from the date of registration to the date of revocation.
186Z: Appeal against revocation of fish farmer registration
1: A fish farmer whose registration is revoked under section 186Y
2: The District Court may—
a: confirm the revocation; or
b: revoke the revocation.
3: After the appeal is filed and pending its decision on the appeal, the District Court may make an order suspending the revocation subject to any terms and conditions it considers appropriate.
186ZA: Subpart does not affect
Freshwater Fish Farming Regulations 1983 This subpart does not—
a: affect the application of the Freshwater Fish Farming Regulations 1983
b: require a person undertaking fish farming under a licence granted under those regulations to register as a fish farmer under this subpart.
186ZB: Subpart does not apply to fish farming under customary rights order
This subpart does not apply to fish farming undertaken in accordance with a customary rights order made under the Foreshore and Seabed Act 2004
3: Spat catching
Harvestable spat
186ZC: Alteration of
Schedule 8A
1: The Governor-General may, by Order in Council made on the recommendation of the Minister, alter Schedule 8A
2: An Order in Council made under subsection (1)
a: its size, biological characteristics, season, or location; and
b: any other relevant matters.
3: The Minister may make a recommendation under subsection (1) Schedule 8A Schedule 8A
4: Before making a recommendation under subsection (1) Schedule 8A
4: Aquaculture agreements
186ZD: Interpretation
In this subpart, unless the context otherwise requires,— aquaculture agreement section 186ZF
186ZE: Register of aquaculture agreements
1: The chief executive must keep a register of aquaculture agreements.
2: Sections 186K(2) to (6), 186L, and 186M
186ZF: Fishers whose consent is necessary for aquaculture agreement
1: An aquaculture agreement lodged with the chief executive for registration must contain the consents required under subsection (2)
2: The consents required are,—
a: in the case of a stock specified in a reservation that is subject to the quota management system,—
i: the consents of the registered quota owners of the stock holding not less than 90% of the quota shares for the stock; and
ii: to the extent that the consents referred to in subparagraph (i)
b: in the case of a stock or species that is specified in a reservation that is not subject to the quota management system but listed in Schedule 4C
i: the consents of not less than 90% of the permit holders for the stock or species; and
ii: to the extent that the consents referred to in subparagraph (i)
c: in the case of a species that is specified in a reservation that is not subject to the quota management system but listed in Schedule 4D
i: the consents of not less than 90% of the persons who hold permits and would hold provisional catch history, as provided for in section 29A(2)
ii: to the extent that the consents referred to in subparagraph (i)
3: For the purposes of subsection (2)(b) and (c) permit holders Maori Fisheries Act 2004
4: After an aquaculture agreement is lodged with the chief executive, no person whose consent is contained in the agreement may revoke the consent.
5: For the purposes of this section, subsection (2) section 165G(2)(a) of the Resource Management Act 1991
186ZG: High Court may consent to aquaculture agreement on behalf of non-consenting persons
1: A person wishing to lodge an aquaculture agreement with the chief executive may, for the purposes of section 186ZF(2)(a), (b), or (c)
2: The High Court must not give its consent unless it is satisfied that the applicant has offered sufficient compensation to each person who has not consented to the lodging of the aquaculture agreement,—
a: in the case of persons holding quota shares, for the effect on their rights, as holders of the quota shares, of the proposed aquaculture activity:
b: in the case of permit holders, for the effect on their rights, of the proposed aquaculture activity, if the stocks or species concerned were to become subject to the quota management system and they held quota shares.
3: If the High Court gives its consent under subsection (2)
4: However, to avoid doubt, any order for the purposes of subsections (2) and (3)
a: require the payment of compensation that exceeds the compensation offered by the applicant; or
b: require the applicant to lodge an aquaculture agreement; or
c: require the applicant to continue with proceedings to obtain the consent of the High Court.
5: A person who makes an application to the High Court under subsection (1)
186ZH: Lodging aquaculture agreements with chief executive for registration
1: If an aquaculture agreement lodged with the chief executive for registration does not comply with this subpart, the chief executive must—
a: return the agreement to the person who lodged it or another person whom the chief executive considers is entitled to receive it; and
b: provide reasons to the person to whom the agreement is returned as to why the agreement has not been registered.
2: If an aquaculture agreement lodged with the chief executive for registration complies with this subpart, the chief executive must—
a: register the agreement in the register of aquaculture agreements kept by the chief executive; and
b: notify the person who lodged it, or another person whom the chief executive considers is entitled to receive notification, that the agreement has been registered.
3: In deciding whether to register an aquaculture agreement, the chief executive—
a: is entitled to rely on the information in the agreement as sufficient evidence that a fisher has consented under section 186ZF
b: is not required to verify the identity of a fisher appearing to consent in the agreement.
186ZI: Period within which aquaculture agreements must be lodged for registration
1: An aquaculture agreement must be lodged with the chief executive for registration—
a: on the approved form; and
b: within 6 months after—
i: the date referred to in section 186ZF(5)
ii: the date on which a notice of receipt is given under section 15(3) of the Maori Commercial Aquaculture Claims Settlement Act 2004
2: However, the chief executive may give a person a further 3 months to lodge an aquaculture agreement if the chief executive is satisfied that—
a: the person has taken reasonable steps to obtain the consent of all the fishers whose consent is required; and
b: the person requires further time to obtain all the consents.
3: An extension of time may be granted under subsection (2)
a: once to a person in respect of aquaculture activities in the same area; and
b: if the person concerned applies in writing to the chief executive not later than 1 month before the expiry of the 6-month period specified in subsection (1)(b)
4: The period of 6 months referred to in subsection (1)(b)
a: any extension of the time granted under subsection (2)
b: the period beginning with the day on which an application to the High Court is made under section 186ZG(1)
5: This section applies subject to section 15 of the Maori Commercial Aquaculture Claims Settlement Act 2004
186ZJ: No proceedings to be taken against chief executive
1: No civil or criminal proceedings are to be brought against the chief executive in respect of any decision of the chief executive under section 186ZH or section 186ZI
2: However, subsection (1) Part 1 of the Judicature Amendment Act 1972
186ZK: Chief executive must notify regional council of certain matters
1: The chief executive must notify the regional council concerned of a matter specified in subsection (2)
2: The matters are—
a: the name of the holder of an aquaculture agreement registered by the chief executive and the area that the agreement relates to:
b: an application made under section 186ZG
c: an extension of time given under section 186ZI
d: when the period for lodging aquaculture agreements has expired, including any period extended under section 186ZI
e: that no aquaculture agreements have been lodged at the expiry of the period for lodging them, if that is the case:
f: any application for judicial review of a decision of the chief executive in relation to aquaculture agreements.
186ZL: Memorials
1: If a regional council notifies its intention under section 165G of the Resource Management Act 1991 section 186H of this Act
2: A memorial must be to the effect that—
a: the chief executive has made a reservation under section 186E
b: as a result, an aquaculture agreement can be registered under this Part; and
c: if an agreement is registered, fishing may be affected by the allocation of space in the area subject to the reservation for aquaculture activities.
3: A memorial recorded in a register under subsection (1) section 186ZI(1)(b)
4: If a memorial recorded in a register under subsection (1) section 9 of the Maori Commercial Aquaculture Claims Settlement Act 2004 section 186ZI(1)(b)
9: Restrictions on purchase or acquisition of fish by certain persons
Section 192(3)
10: New
section 192A The principal Act is amended by inserting, after section 192
192A: Restriction on acquisition of fish, aquatic life, and seaweed by fish farmers
1: No fish farmer may acquire or be in possession of any fish, aquatic life, or seaweed unless the fish, aquatic life, or seaweed was—
a: purchased or acquired from another fish farmer or a licensed fish receiver; or
b: lawfully bred or cultivated by the fish farmer; or
c: harvestable spat that settled on fish farm structures if—
i: the structures were lawfully placed or erected in the fish farm; and
ii: the spat was of a species specified in the fish farmer's registration for the fish farm.
2: The chief executive may, by notice in the Gazette subsection (1)
a: in respect of a specified fish farmer, class of fish farmers, or fish farmers generally:
b: in respect of 1 or more species or states of fish, aquatic life, or seaweed.
3: In deciding whether to grant an exemption, the chief executive must have regard to—
a: the origin of the fish, aquatic life, or seaweed; and
b: the species life cycle and state of the fish, aquatic life, or seaweed; and
c: the quantities of the fish, aquatic life, or seaweed; and
d: any other matter that the chief executive considers relevant.
4: The chief executive may grant an exemption to a specified fish farmer only if the fish farmer has—
a: applied, on an approved form, to the chief executive for the exemption; and
b: paid the prescribed fee (if any).
5: Every person who contravenes subsection (1) section 252(3)
11: Penalties
1: Section 252(3) paragraph (j)
ja: section 192A(5) .
2: Section 252(5) paragraph (hd)
he: section 186P(2) .
3: Section 252(6) paragraph (c)
ca: section 186N(3) .
12: Forfeiture for
section 252(2) (3) (5) Section 255C(2) paragraph (c) ; and
d: in the case of a conviction for an offence under section 186P
13: New
section 269 The principal Act is amended by repealing section 269
269: Suspension of permit, licence, or registration where levies unpaid
1: The chief executive may, by notice in writing, after giving a person notice in writing of the chief executive's intention to do so, suspend a fishing permit or special permit or licensed fish receiver's licence or controlled fishery licence or fish farmer's registration held by the person if—
a: the person is liable to pay—
i: a levy imposed under section 264
ii: an additional amount payable under section 18 of the Ministry of Agriculture and Fisheries (Restructuring) Act 1995
b: the person does not pay the levy or additional amount in full within 2 months after the date on which payment of the levy is due, or within the time allowed under an arrangement with the chief executive, as the case may be; and
c: payment of the outstanding levy or additional amount has not been waived under section 267(2) or section 18 of the Ministry of Agriculture and Fisheries (Restructuring) Act 1995
2: The chief executive may suspend a permit, licence, or registration under subsection (1)
3: If the person holds 2 or more fishing permits or special permits or licensed fish receiver's licences or controlled fishery licences, or holds any combination of 2 or more of them, the chief executive may suspend such of the permits or licences, as he or she considers appropriate.
4: A fishing permit or special permit or licensed fish receiver's licence or controlled fishery licence suspended under this section has no effect during the period of the suspension.
5: While a fish farmer registration is suspended under this section, no fish, aquatic life, or seaweed is to be transferred onto or off the fish farm specified in the registration.
6: The chief executive—
a: must lift a suspension under this section if the outstanding levy (including any additional amount payable under section 18 of the Ministry of Agriculture and Fisheries (Restructuring) Act 1995
b: may, conditionally or unconditionally, lift a suspension under this section if the chief executive and the person liable to pay the outstanding amount of the levy enter into an arrangement for repayment of that amount.
7: A court may at any time, on application by the holder of a fishing permit, special permit, licensed fish receiver's licence, controlled fishery licence, or fish farmer registration that has been suspended under this section, make an order lifting the suspension subject to any sureties and conditions specified by the court.
14: Interpretation
1: Section 296A paragraph (a)(ii) and or paragraph (a)(ii)
iii: principally associated with the administration of fish farming; and .
2: Section 269A(b) and 124 , 124, and 186K
15: Transfer of specified functions, duties, or powers to approved service delivery organisations
Section 296B(3) paragraph (a)
ab: if the recommendation relates to a function, duty, or power associated with the administration of fish farming, the proposed approved service delivery organisation is representative of fish farmers who have an interest in the function, duty, or power; and .
16: Suspension of permit and refusal of services for non-payment of fees
1: Section 296ZAA(1) licence or fish farmer's registration
2: Section 296ZAA(2)
a: by inserting, after the word licence or fish farmer's registration
b: by inserting, after the word licence or registration
3: Section 296ZAA(4) licence or a fish farmer's registration
4: Section 296ZAA(7) licence or a fish farmer's registration
17: General regulations
Section 297(1)(q) and 124 , 124, 186K, and 186ZE
18: Certain notices to have status of regulations
Section 303(2) 175, 186K, 186Q,
19: Requirements applying generally to applications and requests under this Act
Section 305B
3: The lodging of an aquaculture agreement for registration under section 186ZH
20: New
Schedule 8A The principal Act is amended by inserting, after Schedule 8
21: Environment Act 1986 The Schedule Environment Act 1986
a: by inserting, after the item The Fisheries Act 1983 The Fisheries Act 1996
b: by omitting the item The Marine Farming Act 1971


Conservation Amendment Act 2004

1: Title
1: This Act is the Conservation Amendment Act 2004.
2: In this Act, the Conservation Act 1987 the principal Act
2: Commencement
This Act comes into force on 1 January 2005.
3: Application of Part
1: Section 26ZG(2) Except as provided in section 26ZM(7) of this Act
2: Section 26ZG(2) paragraph (c)
c: the taking, holding, possession, sale, or disposal of freshwater fish under the authority ofâ€”
i: the Fisheries Act 1983 Marine Farming Act 1971
ii: the registration of a fish farmer under Part 9A of the Fisheries Act 1996
3: Section 26ZG
3: To avoid doubt, subsection (2) section 26ZI or section 26ZM


Biosecurity Amendment Act 2004

1: Title
1: This Act is the Biosecurity Amendment Act 2004.
2: In this Act, the Biosecurity Act 1993 the principal Act
2: Commencement
This Act comes into force on 1 January 2005.
3: Duty to provide information
1: Section 43(1)(a) or unwanted organisms unwanted organisms, or risk goods
2: Section 43(2)(b) or organic material , organic material, or risk goods
4: Regulations
1: Section 165(1)(f) premises places
2: Section 165(1)(g)
a: omitting the word premises places
b: omitting the words , and prescribing technical standards for the construction, equipping, maintenance, and operation of such premises
3: Section 165(1) paragraph (g)
ga: prescribing technical standards for the construction, equipping, maintenance, and operation of places referred to in paragraph (g)
4: Section 165(1)(h) premises places
5: Section 165(1)(t) or any other chief executive


1: Title
This Act is the Maori Commercial Aquaculture Claims Settlement Act 2004.
2: Commencement
Except as provided in section 60(5) Preliminary provisions
3: Purpose of Act
The purpose of this 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.
4: Interpretation
In this Act, unless the context otherwise requires,— allocate
a: means to determine the settlement assets to be transferred to an iwi aquaculture organisation; but
b: does not include the transfer of those assets to the iwi aquaculture organisation anticipated new space the Maori Commercial Aquaculture Claims Settlement Amendment Act 2011 aquaculture activities section 2(1) aquaculture agreement section 186ZD aquaculture settlement area Gazette section 12 authorisation section 165C coastal marine area section 2(1) coastal permit section 2(1) commercial aquaculture commercial fishing section 2(1) iwi Maori Fisheries Act 2004 iwi aquaculture organisation section 33 Minister new space
a: means space that, after the commencement of the Maori Commercial Aquaculture Claims Settlement Amendment Act 2011 section 116A
b: does not include—
i: space that is pre-commencement space as defined in section 20
ii: space in respect of which a regional council is or was required to comply with sections 44B to 44D section 44E Aquaculture Reform (Repeals and Transitional Provisions) Act 2004
iii: any space that has been transferred to the trustee as a settlement asset before the commencement of the Maori Commercial Aquaculture Claims Settlement Amendment Act 2011 occupy section 2(1) public notice section 2(1) recognised iwi organisation section 5 region Local Government Act 2002 regional agreement section 29A Maori Commercial Aquaculture Claims Settlement (Regional Agreements) Amendment Act 2010 regional council section 2(1) relevant iwi reservation section 186C Fisheries Act 1996 sale
a: every method of disposition for valuable consideration, including barter; and
b: the disposition to an agent for sale on consignment; and
c: offering or attempting to sell, or receiving or having in possession for sale, or exposing for sale, or sending or delivering for sale, or causing or permitting to be sold, offered, or exposed for sale; and
d: disposal by way of gambling (as that term is defined in section 4(1)
e: the use by a person of fish, aquatic life, or seaweed as bait in that person's commercial fishing operations; and
f: any other use by a person of fish, aquatic life, or seaweed as part of that person's commercial activities space section 2(1) trustee section 33 Section 4 anticipated new space inserted 1 October 2011 section 4(2) Maori Commercial Aquaculture Claims Settlement Amendment Act 2011 Section 4 aquaculture activities amended 23 December 2023 section 6 Resource Management (Natural and Built Environment and Spatial Planning Repeal and Interim Fast-track Consenting) Act 2023 Section 4 aquaculture management area repealed 1 October 2011 section 4(1) Maori Commercial Aquaculture Claims Settlement Amendment Act 2011 Section 4 aquaculture settlement area inserted 1 October 2011 section 4(2) Maori Commercial Aquaculture Claims Settlement Amendment Act 2011 Section 4 authorisation substituted 1 October 2011 section 4(2) Maori Commercial Aquaculture Claims Settlement Amendment Act 2011 Section 4 authorisation amended 23 December 2023 section 6 Resource Management (Natural and Built Environment and Spatial Planning Repeal and Interim Fast-track Consenting) Act 2023 Section 4 coastal marine area amended 23 December 2023 section 6 Resource Management (Natural and Built Environment and Spatial Planning Repeal and Interim Fast-track Consenting) Act 2023 Section 4 coastal permit amended 23 December 2023 section 6 Resource Management (Natural and Built Environment and Spatial Planning Repeal and Interim Fast-track Consenting) Act 2023 Section 4 iwi inserted 1 October 2011 section 4(2) Maori Commercial Aquaculture Claims Settlement Amendment Act 2011 Section 4 Minister inserted 1 October 2011 section 4(2) Maori Commercial Aquaculture Claims Settlement Amendment Act 2011 Section 4 new space substituted 1 October 2011 section 4(3) Maori Commercial Aquaculture Claims Settlement Amendment Act 2011 Section 4 new space amended 23 December 2023 section 6 Resource Management (Natural and Built Environment and Spatial Planning Repeal and Interim Fast-track Consenting) Act 2023 Section 4 occupy amended 23 December 2023 section 6 Resource Management (Natural and Built Environment and Spatial Planning Repeal and Interim Fast-track Consenting) Act 2023 Section 4 public notice amended 23 December 2023 section 6 Resource Management (Natural and Built Environment and Spatial Planning Repeal and Interim Fast-track Consenting) Act 2023 Section 4 region inserted 1 October 2011 section 4(2) Maori Commercial Aquaculture Claims Settlement Amendment Act 2011 Section 4 regional agreement inserted 30 March 2010 section 5 Maori Commercial Aquaculture Claims Settlement (Regional Agreements) Amendment Act 2010 Section 4 regional council inserted 28 September 2008 section 4(6) Maori Commercial Aquaculture Claims Settlement Amendment Act 2008 Section 4 regional council amended 23 December 2023 section 6 Resource Management (Natural and Built Environment and Spatial Planning Repeal and Interim Fast-track Consenting) Act 2023 Section 4 relevant iwi inserted 12 April 2022 section 4 Maori Commercial Aquaculture Claims Settlement Amendment Act 2022 Section 4 space amended 23 December 2023 section 6 Resource Management (Natural and Built Environment and Spatial Planning Repeal and Interim Fast-track Consenting) Act 2023
5: Meaning of settlement assets
1: In this Act, unless the context otherwise requires, settlement assets
a: means authorisations relating to aquaculture activities, coastal permits to occupy space for aquaculture activities, or the financial equivalent of the authorisations or the permits, transferred or paid or to be transferred or paid to the trustee under this Act or the Aquaculture Reform (Repeals and Transitional Provisions) Act 2004
aa: includes any authorisations provided to the trustee by a regional council in accordance with an Order in Council under section 165K Gazette section 165N
ab: includes payments of money and the transfer of any other benefit to the trustee or an iwi aquaculture organisation under a regional agreement; and
b: includes any authorisation held by the trustee, an iwi aquaculture organisation, or a company under the Companies Act 1993
i: the authorisation was transferred in exchange for an authorisation referred to in paragraph (a) or received under a previous transfer to which this paragraph applied; and
ii: notice of both transfers was received by the regional council on the same day; and
iii: the authorisations exchanged related to the same amount of space in the same region; and
iv: the authorisation transferred to the trustee or an iwi aquaculture organisation related to the occupation of space for aquaculture activities; and
c: includes any coastal permits held by the trustee, an iwi aquaculture organisation, or a company under the Companies Act 1993
d: includes any coastal permit held by the trustee, an iwi aquaculture organisation, or a company under the Companies Act 1993
i: the coastal permit was transferred in exchange for a coastal permit specified in paragraph (a) or paragraph (c) or received under a previous transfer to which this paragraph applied; and
ii: notice of both transfers was received by the regional council on the same day; and
iii: the coastal permits exchanged related to the same amount of space in the same region; and
iv: the coastal permits transferred related to the occupation of space for aquaculture activities.
2: However, an authorisation or coastal permit ceases to be a settlement asset if the authorisation or coastal permit is transferred to another person unless the authorisation or coastal permit is transferred—
a: from the trustee to an iwi aquaculture organisation or a company under the Companies Act 1993
b: from an iwi aquaculture organisation or a company under the Companies Act 1993 Companies Act 1993 Section 5(1)(a) amended 1 October 2011 section 5(1) Maori Commercial Aquaculture Claims Settlement Amendment Act 2011 Section 5(1)(aa) inserted 1 October 2011 section 5(2) Maori Commercial Aquaculture Claims Settlement Amendment Act 2011 Section 5(1)(aa) amended 23 December 2023 section 6 Resource Management (Natural and Built Environment and Spatial Planning Repeal and Interim Fast-track Consenting) Act 2023 Section 5(1)(ab) inserted 30 March 2010 section 6 Maori Commercial Aquaculture Claims Settlement (Regional Agreements) Amendment Act 2010
6: Settlement of claims
1: The claims specified in subsection (2) are fully and finally settled, satisfied, and discharged.
2: Subsection (1) applies to all claims (current and future)—
a: by Maori in respect of commercial aquaculture activities arising on or after 21 September 1992 in the coastal marine area—
i: whether the claims are founded on rights arising by or in common law (including customary law and aboriginal title), the Treaty of Waitangi
ii: whether in respect of sea, or coastal, aquaculture activities, including any commercial aspect of traditional aquaculture activities; and
iii: whether or not the claims have been the subject of adjudication by the courts or any recommendation from the Waitangi Tribunal; and
b: in respect of, or directly or indirectly based on, rights and interests of Maori in aquaculture activities on or after 21 September 1992.
3: The obligations of the Crown to Maori in respect of commercial aquaculture activities on or after 21 September 1992 are fulfilled, satisfied, and discharged.
4: No court or tribunal has jurisdiction to inquire into—
a: the validity of the claims:
b: the existence of rights and interests of Maori in commercial aquaculture activities on or after 21 September 1992:
c: the quantification or the adequacy of the benefits to Maori provided by or under this Act.
6A: Relationship of Act to Marine and Coastal Area (Takutai Moana) Act 2011
1: Nothing done under or for the purposes of this Act is to be treated as a matter that may be taken into account in determining, under subpart 3
2: Without limiting subsection (1), the provision of authorisations under section 13
a: as evidence that an applicant group did not hold a specified area of the common marine and coastal area in accordance with tikanga for the purposes of section 58(1)(a)
b: as evidence of a substantial interruption of the exclusive use and occupation of a specified area of the common marine and coastal area for the purposes of section 58(1)(b) Section 6A inserted 1 October 2011 section 6 Maori Commercial Aquaculture Claims Settlement Amendment Act 2011 Provision and transfer of settlement assets to trustee that are representative of 20% of new space Heading substituted 1 October 2011 section 7(1) Maori Commercial Aquaculture Claims Settlement Amendment Act 2011
7: Purpose of sections 8 to 18
The purpose of sections 8 to 18 Section 7 substituted 1 October 2011 section 7(1) Maori Commercial Aquaculture Claims Settlement Amendment Act 2011
8: Crown’s obligations apply on regional basis
The Crown’s obligations under sections 9 to 18 Section 8 substituted 1 October 2011 section 7(1) Maori Commercial Aquaculture Claims Settlement Amendment Act 2011
9: Crown’s obligations in respect of new space
1: The Crown must ensure that the trustee is provided with settlement assets that are representative of 20% of the new space by way of 1 or more of the following:
a: the provision of authorisations to apply to occupy space in the coastal marine area for the purpose of aquaculture activities and any payment required by section 13(4)
b: the payment of a financial equivalent of that space:
c: entering into 1 or more regional agreements under section 10
2: The settlement assets provided under subsection (1)(a) must be representative of 20% of the anticipated new space. Section 9 substituted 1 October 2011 section 7(1) Maori Commercial Aquaculture Claims Settlement Amendment Act 2011
10: Regional agreements relating to new space
1: The Crown may enter into 1 or more agreements (including by deed) in respect of 1 or more regions if the Crown and the parties referred to in section 29A(2) section 9
2: Section 29A(3), (4), (6), and (7)
3: An agreement under this section may provide for settlement of the Crown’s obligations on any basis acceptable to the Crown and the other parties. Section 10 substituted 1 October 2011 section 7(1) Maori Commercial Aquaculture Claims Settlement Amendment Act 2011
11: Settlement in negotiation period
1: The Crown must use its best endeavours to negotiate and enter into regional agreements under section 10 section 9
2: The Crown must do so within the following periods:
a: within 2 years after the commencement of the Maori Commercial Aquaculture Claims Settlement Amendment Act 2011
i: the Northland region:
ii: the east coast of the Waikato region, which is to be treated as a separate region:
iii: the Tasman region:
iv: the Marlborough region:
b: for all other regions, whichever is the later of the following:
i: within 3 years after the commencement of the Maori Commercial Aquaculture Claims Settlement Amendment Act 2011
ii: within 2 years after the receipt of the first resource consent application for the purpose of aquaculture activities after the commencement of the Maori Commercial Aquaculture Claims Settlement Amendment Act 2011 section 165ZH
3: The Minister may, by notice in the Gazette
4: The Minister may not give a notice under subsection (3) unless the Minister—
a: has consulted the trustee and the iwi aquaculture organisations, mandated iwi organisations, or recognised iwi organisations with whom the regional agreement under section 10
b: is satisfied that reasonable steps have been taken to negotiate an agreement and that the proposed extension is likely to enable a regional agreement under section 10
5: If, at the conclusion of the relevant period specified in subsection (2) (or any extension), there is no regional agreement under section 10
a: arrange, in accordance with section 13 section 9(1)(a)
b: if insufficient authorisations are available to be provided to the trustee to meet the Crown’s obligations as set out in section 9 section 9(1)(b) Section 11 substituted 1 October 2011 section 7(1) Maori Commercial Aquaculture Claims Settlement Amendment Act 2011 Section 11(2)(b)(ii) amended 23 December 2023 section 6 Resource Management (Natural and Built Environment and Spatial Planning Repeal and Interim Fast-track Consenting) Act 2023 Section 11(5)(a) amended 5 December 2013 section 4 Maori Commercial Aquaculture Claims Settlement Amendment Act 2013
12: Gazetting
1: For the purposes of preserving space to be used for meeting the Crown’s obligations under section 9 Gazette
2: The Minister—
a: may, by notice in the Gazette
b: must, if the Crown’s obligations are settled in respect of a region, remove, by notice in the Gazette
3: Section 165E
4: In determining whether an aquaculture settlement area will be representative for the purposes of meeting the Crown's obligations under section 9
a: the suitability of the space for aquaculture activities; and
b: the overall productive capacity of the anticipated new space available for aquaculture activities in each region.
5: To avoid doubt, the Minister may exercise his or her powers under this section before the preparation of a plan under section 14 Section 12 substituted 1 October 2011 section 7(1) Maori Commercial Aquaculture Claims Settlement Amendment Act 2011 Section 12(3) amended 23 December 2023 section 6 Resource Management (Natural and Built Environment and Spatial Planning Repeal and Interim Fast-track Consenting) Act 2023
13: Allocation of authorisations in aquaculture settlement area
1: This section applies if the Crown is required, either under a regional agreement under section 10 section 11(5)
2: The Minister must direct the regional council in whose region the relevant aquaculture settlement area is located to provide authorisations for aquaculture activities in the space to the trustee (whether or not the regional coastal plan would otherwise require a different allocation).
3: A regional council must comply with a direction made under subsection (2).
4: As soon as practicable after giving a direction under subsection (2), the Minister must,—
a: if an assessment under section 14(4)(d)(iv)
b: if the Minister decides that such a payment should be made, make the payment to the trustee.
5: Clause 3(1)(b)
6: To avoid doubt, section 165R Section 13 substituted 1 October 2011 section 7(1) Maori Commercial Aquaculture Claims Settlement Amendment Act 2011 Section 13(6) amended 23 December 2023 section 6 Resource Management (Natural and Built Environment and Spatial Planning Repeal and Interim Fast-track Consenting) Act 2023
14: Preparation of plan
1: The Minister must, by 31 December 2012, have started preparing a plan that—
a: provides an assessment of the progress made by the Crown in complying with section 9
b: to the extent that the Crown has not complied with section 9
c: establishes processes and methods for determining the value of the settlement assets to be delivered under section 9
2: In preparing the plan, the Minister must consult—
a: the trustee; and
b: all iwi aquaculture organisations, mandated iwi organisations, and recognised iwi organisations—
i: whose area of interest includes a part of the coastal marine area; and
ii: in relation to which the Crown has not, by 31 December 2012, satisfied its obligations under this Act.
3: As soon as practicable after completing the plan, the Minister must provide copies to the relevant regional council, the trustee, and the relevant iwi aquaculture organisations, mandated iwi organisations, and recognised iwi organisations.
4: Without limiting subsection (1)(c), the processes and methods must—
a: avoid increasing the demand for coastal permits, which would increase the value of space; and
b: reduce the risk of collusion; and
c: be cost effective for the Crown; and
d: enable an assessment to be made of the following:
i: the amount of anticipated new space in the region; and
ii: the value that would be representative of each of the types of aquaculture expected to be developed in the anticipated new space in the region; and
iii: the overall productive capacity of the anticipated new space available for aquaculture activities in each region; and
iv: the difference in value between—
A: the costs of obtaining, pursuant to an authorisation granted under this Act, a resource consent under the Resource Management Act 1991 section 116A
B: the costs of obtaining the resource consent pursuant to an authorisation had the authorisation been granted in relation to an aquaculture management area as at 1 January 2005. Section 14 substituted 1 October 2011 section 7(1) Maori Commercial Aquaculture Claims Settlement Amendment Act 2011 Section 14(4)(d)(iv)(A) amended 23 December 2023 section 6 Resource Management (Natural and Built Environment and Spatial Planning Repeal and Interim Fast-track Consenting) Act 2023
15: Review of plan
1: The Minister must begin a review of the plan prepared under section 14
a: by 31 December 2017; and
b: after that date, at intervals of not more than 5 years.
2: However, the Minister must begin a review of the plan prepared under section 14 Section 15 substituted 1 October 2011 section 7(1) Maori Commercial Aquaculture Claims Settlement Amendment Act 2011
16: Response to review of plan
1: If the plan prepared under section 14 section 15 section 9 section 9(1)(a), (b), or (c)
2: Before taking action under subsection (1), the Crown must consult—
a: the trustee; and
b: the relevant iwi aquaculture organisations, mandated iwi organisations, and recognised iwi organisations of affected iwi. Section 16 substituted 1 October 2011 section 7(1) Maori Commercial Aquaculture Claims Settlement Amendment Act 2011
16A: When authorisations allocated to trustee lapse
1: Section 165T
2: However, a settlement asset that is an authorisation does lapse if—
a: a resource consent application for aquaculture activities has been declined in respect of the space that is subject to the authorisation; or
b: a resource consent has been cancelled under section 116A(3) or (7)
3: If an authorisation that is a settlement asset is transferred and (as a result of the transfer) it ceases to be a settlement asset, the authorisation lapses 2 years after the date on which the holder gives a notice of transfer of the authorisation to the regional council under section 165S Section 16A inserted 1 October 2011 section 7(1) Maori Commercial Aquaculture Claims Settlement Amendment Act 2011 Section 16A(1) amended 23 December 2023 section 6 Resource Management (Natural and Built Environment and Spatial Planning Repeal and Interim Fast-track Consenting) Act 2023 Section 16A(2)(b) amended 23 December 2023 section 6 Resource Management (Natural and Built Environment and Spatial Planning Repeal and Interim Fast-track Consenting) Act 2023 Section 16A(3) amended 23 December 2023 section 6 Resource Management (Natural and Built Environment and Spatial Planning Repeal and Interim Fast-track Consenting) Act 2023
17: Expiry, lapsing, or cancellation of coastal permit to occupy space for aquaculture activities
1: This section applies if—
a: the trustee, iwi aquaculture organisation, or a company under the Companies Act 1993
b: the coastal permit expires, lapses, or is cancelled.
2: The holder of the coastal permit must be treated as if the holder holds an authorisation under section 13 Section 17(2) replaced 24 August 2023 section 805(1) Natural and Built Environment Act 2023
18: Limitations on disposal of settlement assets
1: The trustee must not transfer settlement assets except to—
a: an iwi aquaculture organisation in accordance with sections 48 49
b: another person in accordance with a direction by an iwi aquaculture organisation entitled to have the settlement assets transferred to it in accordance with sections 48 49
2: However, the trustee must not transfer settlement assets to another person unless satisfied that the iwi aquaculture organisation has complied with section 50 Allocation of aquaculture space, or financial equivalent, to trustee equivalent to 20% of pre-commencement space in coastal marine area
19: Purpose of sections 20 to 31
The purpose of sections 20 to 31
20: Interpretation
In sections 22 to 31 pre-commencement space
a: space that—
i: first became the subject of a lease or licence under the Marine Farming Act 1971
ii: at the close of 31 December 2004 is still the subject of a lease or licence under the Marine Farming Act 1971
b: space—
i: that is the subject of an application under section 46
ii: in relation to which a permit under section 67J section 67P
c: space that, at the close of 31 December 2004, is subject to an application for a permit under section 67J 67Q(2)(a)
d: space that—
i: became the subject of a permit granted under section 67J section 67Q(2)(a) , and the permit that was granted is for aquaculture activities
ii: at the close of 31 December 2004 is still subject to a permit granted under sections 67J 67Q(2)(a)
e: space in relation to which section 8(b) Section 20(c) amended 13 December 2006 section 4(1) Maori Commercial Aquaculture Claims Settlement Amendment Act 2006 Section 20(d)(i) amended 13 December 2006 section 4(1) Maori Commercial Aquaculture Claims Settlement Amendment Act 2006 Section 20(d)(i) amended 13 December 2006 section 4(2) Maori Commercial Aquaculture Claims Settlement Amendment Act 2006 Section 20(d)(ii) amended 13 December 2006 section 4(1) Maori Commercial Aquaculture Claims Settlement Amendment Act 2006
21: Crown's obligations apply on regional basis
The Crown's obligations under sections 22 to 31 Schedule 1 Schedule 2
22: Crown's obligations
1: The Crown must ensure that the trustee is provided with space in the coastal marine area for the purpose of aquaculture activities equivalent to 20% of pre-commencement space.
2: The Crown must use its best endeavours to comply with subsection (1) by the close of 31 December 2014.
3: Subsection (1) must be complied with in 1 or more of the following ways:
a:
b: by purchasing and transferring to the trustee on or after 1 January 2008 established marine farms:
ba: by entering into a regional agreement:
c: by paying to the trustee on or after 1 January 2013 amounts equivalent, in part or in full, to the value of the pre-commencement space.
3A: If a regional agreement includes a provision of a kind referred to in section 29A(3)(b)
4: To avoid doubt, subsection (3) does not require the Crown at any particular time to comply with subsection (1) in any particular way or combination of ways specified in subsection (3). Section 22(3)(a) repealed 1 October 2011 section 9 Maori Commercial Aquaculture Claims Settlement Amendment Act 2011 Section 22(3)(ba) inserted 30 March 2010 section 7(1) Maori Commercial Aquaculture Claims Settlement (Regional Agreements) Amendment Act 2010 Section 22(3A) inserted 30 March 2010 section 7(2) Maori Commercial Aquaculture Claims Settlement (Regional Agreements) Amendment Act 2010
23: Preparation of plan
1: The Minister
a: provides an assessment of the progress made by the Crown in complying with section 22
b: to the extent that the Crown has not complied with section 22
2: In preparing the plan, the Crown must consult all iwi aquaculture organisations and recognised iwi organisations—
a: whose area of interest includes a part of the coastal marine area; and
b: in relation to which the Crown has not, by 31 December 2007, satisfied its obligations under this Act.
3: As soon as practicable after completing the plan, the Minister Section 23(1) amended 1 October 2011 section 4(4) Maori Commercial Aquaculture Claims Settlement Amendment Act 2011 Section 23(3) amended 1 October 2011 section 4(4) Maori Commercial Aquaculture Claims Settlement Amendment Act 2011
24: Review of plan
The Minister section 23 Section 24 amended 1 October 2011 section 4(4) Maori Commercial Aquaculture Claims Settlement Amendment Act 2011
25: Additional allocation of space to iwi
Section 25 repealed 1 October 2011 section 10(1) Maori Commercial Aquaculture Claims Settlement Amendment Act 2011
26: Regional Council may retain proportion of tender remuneration
Section 26 repealed 1 October 2011 section 11 Maori Commercial Aquaculture Claims Settlement Amendment Act 2011
27: Purchase of coastal permits by the Crown
1: The Crown may purchase coastal permits for the purpose of complying with section 22
2: The Crown must use its best endeavours to ensure that on 31 December 2014 the average value of all coastal permits for a region or harbour listed in Schedule 2
3: Before purchasing a coastal permit under subsection (1), the Minister
4: Without limiting subsection (3), the processes and methods must—
a: avoid increasing demand for coastal permits which would increase the value of the space; and
b: reduce the risk of collusion among sellers of coastal permits; and
c: be cost effective for the Crown; and
d: assess the average current value of space in the part of the coastal marine area concerned. Section 27(3) amended 1 October 2011 section 4(4) Maori Commercial Aquaculture Claims Settlement Amendment Act 2011
28: Payment of financial equivalent
Before making a payment under section 22(3)(c) Minister section 27(2) Section 28 amended 1 October 2011 section 4(4) Maori Commercial Aquaculture Claims Settlement Amendment Act 2011
29: Purchase of coastal permits to occupy space for aquaculture activities, including purchase of improvements
1: If the Crown purchases a coastal permit to occupy space for aquaculture activities and the purchase includes improvements in the space, the Crown—
a: is not required to allocate the improvements to the trustee; but
b: may provide to the trustee a right of first refusal to purchase the improvements.
2: If the Crown does provide to the trustee a right of first refusal to purchase the improvements, the trustee may do so only if it has the agreement of the iwi aquaculture organisations concerned.
3: The trustee must not transfer the improvements to an iwi aquaculture organisation except in accordance with sections 48 49
4: A right of first refusal to purchase the improvements expires—
a: on a date specified in the right of first refusal for that purpose; or
b: if no date is specified, then 30 days after the right of first refusal is given to the trustee.
29A: Regional agreements
1: The Crown may enter into an agreement (including by deed) in respect of 1 or more regions of regional councils, or of 1 or more harbours listed in Schedule 2 section 22(1)
2: The parties referred to in subsection (1) are—
a: the iwi aquaculture organisations of all iwi whose area of interest includes a region or harbour covered by the agreement; or
b: for any iwi referred to in paragraph (a) that do not have iwi aquaculture organisations, the recognised iwi organisations of those iwi.
3: A regional agreement must include—
a: the trustee as a party to the agreement in order to confirm that the agreement has been entered into by the parties specified in subsection (2); or
b: a provision that the agreement is conditional on the trustee confirming that the agreement has been entered into by those parties.
4: To avoid doubt, a regional agreement is enforceable as a contract in accordance with its terms.
5: Section 22(3)(c)
6: No court or tribunal has jurisdiction to inquire into the quantification or the adequacy of the benefits to be provided by or under a regional agreement.
7: However, subsection (6) does not exclude the jurisdiction of a court or tribunal in respect of the interpretation or enforcement of a regional agreement. Section 29A inserted 30 March 2010 section 8 Maori Commercial Aquaculture Claims Settlement (Regional Agreements) Amendment Act 2010
30: Entry on iwi aquaculture register
1: When the trustee receives settlement assets under this Act, it must record the settlement assets in the iwi aquaculture register.
2: Any settlement assets in an aquaculture management area in a harbour listed in Schedule 2
3: All other settlement assets must be recorded as coastal settlement assets.
4: Information recorded in the register under this section must include the type of asset, the size of the asset, the location of the asset, and the region of the regional council in which the asset is located.
31: Registered entitlements to settlement assets
1: An iwi aquaculture organisation, in order to obtain settlement assets under this Act, must be a party to an agreement referred to in section 45(4) Schedule 1
2: Settlement assets allocation entitlements must be—
a: determined by the trustee in accordance with section 45(4) Schedule 1
b: recorded by the trustee on the iwi aquaculture register.
3: Registered settlement assets allocation entitlements are created under this Act for the sole purpose of calculating the amount of settlement assets to be allocated to iwi under this Act.
4: A registered settlement assets allocation entitlement binds the iwi concerned in relation to the allocation of settlement assets within the regional coastline or harbour concerned as determined by the trustee in accordance with section 45(4) Schedule 1
5: However, the registered settlement assets allocation entitlements do not—
a: bind the iwi to which they relate or any other iwi in any matter that is before the Waitangi Tribunal, the Maori Land Court, or any other court, other than under this Act; or
b: bind, compromise, advantage or disadvantage, or operate as a precedent for any other matter; or
c: affect any customary rights, aboriginal title rights, or any rights arising under the Treaty of Waitangi Section 31(4) substituted 30 March 2010 section 9 Maori Commercial Aquaculture Claims Settlement (Regional Agreements) Amendment Act 2010 Iwi aquaculture organisations
32: Functions and powers of iwi aquaculture organisations
1: Under this Act, an iwi aquaculture organisation must—
a: act for the benefit of all the members of the iwi, irrespective of where those members reside; and
b: perform the functions and duties conferred on it by or under this Act.
2: An iwi aquaculture organisation may—
a: directly receive and hold, on behalf of its iwi, settlement assets allocated to the iwi by the trustee under this Act:
b: if relevant, enter into agreements with other iwi aquaculture organisations in relation to the allocation of settlement assets:
ba: enter into regional agreements:
c: establish companies to undertake aquaculture activities:
d: perform other functions contemplated by or provided for by or under this Act.
3: An iwi aquaculture organisation must not undertake commercial aquaculture activities except through a separate enterprise that is responsible to the organisation. Section 32(2)(ba) inserted 30 March 2010 section 10 Maori Commercial Aquaculture Claims Settlement (Regional Agreements) Amendment Act 2010
33: Recognition of iwi aquaculture organisations
1: The trustee must recognise an iwi aquaculture organisation and record its recognition in the iwi aquaculture register only if—
a: the iwi aquaculture organisation is a mandated iwi organisation under the Maori Fisheries Act 2004
b: the trustee is satisfied that the constitution of the organisation authorises the organisation to act on behalf of its iwi in relation to aquaculture claims and settlement assets under this Act; and
c: in the case of a joint mandated iwi organisation (as defined in section 5 section 19
2: The trustee must recognise a new iwi aquaculture organisation and record its recognition in the iwi aquaculture register in place of another iwi aquaculture organisation (an existing iwi aquaculture organisation
a: the new iwi aquaculture organisation is entitled to be recognised under subsection (1); and
b: before becoming a mandated iwi organisation under the Māori Fisheries Act 2004
3: On and from the time when the new iwi aquaculture organisation is recognised in place of the existing iwi aquaculture organisation under subsection (2), all rights and interests of the existing iwi aquaculture organisation under this Act become the rights and interests of the new iwi aquaculture organisation.
4: Without limiting subsection (3),—
a: any regional agreement entered into under section 10
b: any entitlement, claim, agreement, or written statement in respect of the allocation of settlement assets made or entered into by the existing iwi aquaculture organisation is to be treated as having been made or entered into by the new iwi aquaculture organisation; and
c: any settlement assets held by the existing iwi aquaculture organisation become the settlement assets of the new iwi aquaculture organisation; and
d: any settlement assets held by an enterprise under section 32(3)
5: To avoid doubt, section 50 Section 33(2) added 1 October 2011 section 12 Maori Commercial Aquaculture Claims Settlement Amendment Act 2011 Section 33(3) added 1 October 2011 section 12 Maori Commercial Aquaculture Claims Settlement Amendment Act 2011 Section 33(4) added 1 October 2011 section 12 Maori Commercial Aquaculture Claims Settlement Amendment Act 2011 Section 33(5) added 1 October 2011 section 12 Maori Commercial Aquaculture Claims Settlement Amendment Act 2011 Maori Commercial Aquaculture Settlement Trust
34: Maori Commercial Aquaculture Settlement Trust established
This section establishes a trust to be called the Maori Commercial Aquaculture Settlement Trust ( the trust
35: Purpose of trust
The purpose of the trust is to—
a: receive settlement assets from the Crown or regional councils; and
b: hold and maintain settlement assets on trust until they are transferred to an iwi aquaculture organisation; and
c: allocate settlement assets to iwi on the basis of a model set out in this Act; and
d: facilitate steps by iwi to meet the requirements for the allocation of settlement assets ; and
e: perform any functions that are necessary or desirable to facilitate consultation between the Crown and iwi aquaculture organisations, mandated iwi organisations, and recognised iwi organisations for the purposes of sections 8 to 18 Section 35(d) amended 1 October 2011 section 13(1) Maori Commercial Aquaculture Claims Settlement Amendment Act 2011 Section 35(e) added 1 October 2011 section 13(2) Maori Commercial Aquaculture Claims Settlement Amendment Act 2011
36: Annual plan
The trustee must prepare an annual plan.
37: Trustee of trust
The trustee is the trustee of the trust.
38: Duties of trustee
1: The trustee must administer the settlement assets in accordance with this Act, including performing the following duties:
a: allocating and transferring settlement assets:
b: holding and administering settlement assets pending their allocation and transfer:
c: determining allocation entitlements:
d: maintaining an iwi aquaculture register and providing access to the register:
e: facilitating steps by iwi organisations to be recognised as iwi aquaculture organisations:
f: facilitating steps by iwi aquaculture organisations to reach agreement—
i: under section 45(4)
ii: about coastline and harbour claims for settlement assets allocation entitlements; and
iii: about the allocation and transfer of settlement assets:
g: notifying coastal endpoints in the Gazette
2: The trustee may undertake additional activities for related or ancillary purposes (such as facilitating and co-ordinating the development and use of settlement assets, and representing the interests of iwi) if the iwi concerned agree to the trustee doing so.
2A: The trustee may also enter into a regional agreement or otherwise agree to be bound by a regional agreement, and perform obligations and exercise rights under or in relation to the agreement.
2B: The trustee, in performing its functions under section 35(e)
3: The reasonable costs and expenses of the trustee in performing its duties under subsection (1) or its obligations referred to in subsections (2A) and (2B) Section 38(2A) inserted 30 March 2010 section 11(1) Maori Commercial Aquaculture Claims Settlement (Regional Agreements) Amendment Act 2010 Section 38(2B) inserted 1 October 2011 section 14(1) Maori Commercial Aquaculture Claims Settlement Amendment Act 2011 Section 38(3) amended 1 October 2011 section 14(2) Maori Commercial Aquaculture Claims Settlement Amendment Act 2011 Section 38(3) amended 30 March 2010 section 11(2) Maori Commercial Aquaculture Claims Settlement (Regional Agreements) Amendment Act 2010
39: Reporting requirements of trustee
1: In measuring its performance against the annual plan, the trustee must report annually, not later than 5 months after the end of each financial year, to iwi aquaculture organisations, recognised iwi organisations, and the chief executive of the Ministry of Fisheries.
2: In each annual report, the trustee must describe key activities undertaken by the trustee in relation to settlement assets and include the trustee's audited financial statements.
40: Reporting obligation
1: The trustee must—
a: hold a general meeting, not later than 8 months after the end of each financial year, to discuss and address issues arising from the annual report; and
b: provide, in a timely manner, to iwi aquaculture organisations, recognised iwi organisations, and the chief executive of the Ministry of Fisheries—
i: the minutes of every general meeting; and
ii: the annual report required by section 39
iii: the annual plan required by section 36
2: This section does not limit any reporting obligations arising under any other enactment or rule of law.
41: Obligation to establish and maintain iwi aquaculture register
1: The trustee must establish and maintain an iwi aquaculture register.
2: The purpose of the iwi aquaculture register is to provide a record, in respect of each iwi, of the matters set out in subsection (3).
3: Without limiting the scope of the iwi aquaculture register, the trustee must record in the iwi aquaculture register its decisions regarding—
a: its recognition of iwi aquaculture organisations; and
b: its determinations of settlement assets allocation entitlements; and
c: the receipt of settlement assets from the Crown, including—
i: their description and location; and
ii: how they are recorded under section 30(2) and (3)
iii: any decisions of the trustee that affect the potential value and risk profile of the settlement assets; and
iv: allocation of settlement assets to iwi aquaculture organisations or their nominees and the transfer of settlement assets to iwi aquaculture organisations or their nominees; and
v: transfer of settlement assets by or to iwi organisations; and
vi: any changes in the status of settlement assets; and
vii: the details required by section 51
42: Documentation relating to iwi aquaculture register
The trustee must preserve, for not less than 12 years after the date when the document comes into existence, every document relevant to the iwi aquaculture register, in respect of—
a: documents submitted in making a claim under section 31
b: records of the process by which settlement assets allocation entitlements are determined by the trustee; and
c: other documents that the trustee considers relevant to the matters set out in section 41
43: Access to iwi aquaculture register
The iwi aquaculture register must be available for access upon request by—
a: an iwi aquaculture organisation:
b: a member of an iwi that has an iwi aquaculture organisation:
c: a recognised iwi organisation:
d: the chief executive of the Ministry of Fisheries:
e: the chief executive of a regional council. Allocation of settlement assets
44: Determinations and allocations generally
1: The trustee must make its determinations as to settlement assets allocation entitlements and its allocation of settlement assets separately on the basis of the region of each regional council and each harbour listed in Schedule 2
2: However, if a written agreement referred to in section 45(4)
3: For a region or harbour, the trustee must make either—
a: a single determination for all of the settlement assets of the region or harbour; or
b: 1 or more determinations for the settlement assets of the region or harbour covered by a regional agreement and a single determination for all the other settlement assets of the region or harbour.
4: The trustee may amend a determination to give effect to a written agreement referred to in section 45(4) Section 44 substituted 30 March 2010 section 12 Maori Commercial Aquaculture Claims Settlement (Regional Agreements) Amendment Act 2010
45: Allocation of assets to iwi of region
1: For the purposes of this section and sections 46 to 51
a: in the case of the Waikato and Manawatu–Wanganui regions, the east coast and west coast of each region are to be treated as separate regions:
b: in any case where the boundaries of a region change after settlement assets are created but before they are allocated, the settlement assets must be allocated on the basis of the boundaries of the region as at the time the settlement assets were created.
2: Settlement assets must be allocated—
a: only to iwi whose territory abuts the coastline of the region in which the assets are situated; and
b: in accordance with settlement assets allocation entitlements determined and registered under section 31
3: The trustee must not determine settlement assets allocation entitlements in relation to a region until all iwi entitled to make a claim for assets in the region have had iwi aquaculture organisations recognised by the trustee , except in circumstances where the trustee exercises the discretion under section 49B
4: During the period specified in subsection (4A)
4A: The period is 12 months after—
a: the trustee has recognised iwi aquaculture organisations for all the iwi of the region; and
b: the first of the settlement assets for the region has been allocated to the trustee.
5: Before determining the settlement assets allocation entitlements on the basis of a written agreement referred to in subsection (4), the trustee must be satisfied that all iwi aquaculture organisations for the region are parties to the agreement. Section 45(1) substituted 1 October 2011 section 15(1) Maori Commercial Aquaculture Claims Settlement Amendment Act 2011 Section 45(3) amended 12 April 2022 section 5 Maori Commercial Aquaculture Claims Settlement Amendment Act 2022 Section 45(4) amended 1 October 2011 section 15(2) Maori Commercial Aquaculture Claims Settlement Amendment Act 2011 Section 45(4A) inserted 1 October 2011 section 15(3) Maori Commercial Aquaculture Claims Settlement Amendment Act 2011
46: Criteria for agreement
In reaching an agreement for the purposes of sections 48 49
a: whether all iwi will be treated equitably based on the value and quality of the settlement assets to be transferred to them; and
b: the desirability of allocating settlement assets that are of an economic size.
47: Basis of allocation of settlement assets
1: The trustee must determine settlement assets allocation entitlements in accordance with this section and Schedule 1 if,—
a: by the end of the 12-month period specified in section 45(4A)
b: at any time after the end of the 12-month period specified in section 45(4A)
2: When allocating coastal settlement assets, the trustee must allocate to each iwi the same proportion of settlement assets for the regional coastline that the iwi coastline bears to the total regional coastline as described in a settlement assets allocation entitlement determined in accordance with section 31 Schedule 1
3: The trustee must allocate to an iwi whose territory abuts a harbour specified in Schedule 2
4: If more than 1 iwi has its territory abutting a harbour specified in Schedule 2
a: to consult each other:
b: to agree on the proportion of the harbour settlement assets for the harbour that must be attributed to each iwi and used subsequently by the iwi aquaculture organisation of each iwi in submitting claims for settlement assets allocation entitlements for that harbour.
5: If, after negotiating in good faith, the iwi aquaculture organisations cannot reach agreement under subsection (4), they may enter into the dispute resolution process provided for in sections 52 to 55 Section 47(1) substituted 1 October 2011 section 16 Maori Commercial Aquaculture Claims Settlement Amendment Act 2011
48: Allocation of settlement assets
1: This section applies when all settlement assets allocation entitlements in relation to a regional coastline or harbour have been determined.
2: A settlement asset may be allocated only in accordance with—
a: an agreement of the iwi aquaculture organisations of all the relevant iwi; or
b: failing that agreement,—
i: a determination under sections 52 to 55
ii: an exercise of the trustee’s discretion under section 49B
3: After the allocation of a settlement asset under subsection (2), the trustee must transfer the settlement assets to the iwi aquaculture organisations concerned in accordance with the agreement, determination, or exercise of discretion
4: However, subsection (3) does not prevent the trustee from transferring a settlement asset in accordance with section 50 Section 48(2)(b) replaced 12 April 2022 section 6(1) Maori Commercial Aquaculture Claims Settlement Amendment Act 2022 Section 48(3) amended 12 April 2022 section 6(2) Maori Commercial Aquaculture Claims Settlement Amendment Act 2022
49: Partial allocation of settlement assets
1: An iwi aquaculture organisation may request the trustee to make a partial allocation of settlement assets if—
a: the iwi’s allocation entitlement for the settlement assets has been determined, but the entitlement of 1 or more other iwi to the settlement assets is yet to be determined; or
b: the iwi’s allocation entitlement to a portion, but not all, of the settlement assets has been determined; or
c: the trustee has earlier made an allocation and transfer under section 49B(1)
2: The trustee may make a partial allocation of settlement assets only in accordance with—
a: an agreement of the iwi aquaculture organisations of all the relevant iwi; or
b: failing that agreement,—
i: a determination under sections 52 to 55
ii: an exercise of the trustee’s discretion under section 49B
3: If the trustee makes a partial allocation of settlement assets under this section, the trustee—
a: must transfer settlement assets to any iwi aquaculture organisation—
i: whose entitlement to the assets has been determined; or
ii: in respect of which the trustee’s discretion has been exercised in accordance with section 49B
b: must not transfer settlement assets in respect of which the conditions set out in paragraph (a)(i) or (ii) have not been met.
4: However, subsection (3) does not prevent the trustee from transferring a settlement asset in accordance with section 50
5: A partial allocation under subsection (2) must specify the relevant iwi aquaculture organisations with respect to the residual assets. Section 49 replaced 12 April 2022 section 7 Maori Commercial Aquaculture Claims Settlement Amendment Act 2022
49A: Circumstances in which trustee has discretion to allocate and transfer assets
The discretion provided to the trustee in section 49B
a: when the period specified in section 45(4A)
i: has expired at least 12 months earlier; or
ii: has not commenced because—
A: the trustee has not recognised an iwi aquaculture organisation for 1 or more iwi of the region; and
B: 24 months have passed since the first of the settlement assets for the region was allocated to the trustee; and
b: if any iwi aquaculture organisation does not hold the registered settlement assets allocation entitlements—
i: that are determined and registered under section 31 section 45(2)(b)
ii: that are determined in accordance with section 49B section 48(2)(b)(ii)
iii: that are determined in accordance with sections 52 to 55 section 49(2)(b)(i)
iv: by the agreement of the iwi aquaculture organisations of all the relevant iwi in respect of the allocation of the settlement assets. Section 49A inserted 12 April 2022 section 7 Maori Commercial Aquaculture Claims Settlement Amendment Act 2022
49B: Discretion to allocate and transfer assets
1: In the circumstances specified in section 49A section 48(3)
2: However, a transfer of settlement assets under subsection (1) must be made in proportion to the length of coastline of the relevant iwi who agree on a partial allocation and that the trustee is satisfied is unlikely to be disputed.
3: This section overrides anything to the contrary in sections 44 to 49 Section 49B inserted 12 April 2022 section 7 Maori Commercial Aquaculture Claims Settlement Amendment Act 2022
49C: Limitations applying if iwi aquaculture organisation receives settlement assets under section 49B
1: An iwi aquaculture organisation, or a new organisation recognised in place of that organisation under section 33(2) section 49B
a: must not sell, exchange, or otherwise transfer the assets until it holds registered settlement assets allocation entitlements for the assets; and
b: must transfer the relevant portion of those assets to another iwi aquaculture organisation that becomes entitled to any portion of the assets, as a result of holding a registered settlement assets allocation entitlement,—
i: without consideration or compensation; and
ii: within 12 months after being notified of the entitlement.
2: This section applies in addition to, and does not limit, section 50 Section 49C inserted 12 April 2022 section 7 Maori Commercial Aquaculture Claims Settlement Amendment Act 2022
49D: Notification of determination to allocate and transfer assets under section 49B
When the trustee has determined to allocate and transfer assets in accordance with section 49B
a: the nature of the determination that has been made; and
b: the principal reasons for the determination; and
c: the right to dispute the determination under section 49E Section 49D inserted 12 April 2022 section 7 Maori Commercial Aquaculture Claims Settlement Amendment Act 2022
49E: Implementation of determination
1: The trustee must not implement a determination made under section 49B
a: 30 working days have passed since notice of the determination was given under section 49D
b: within that time, no iwi aquaculture organisation of a relevant iwi or recognised iwi organisation (for a relevant iwi that does not have an iwi aquaculture organisation) has initiated the dispute resolution process under sections 53 to 55
2: A dispute under section 52(ca)
a: the trustee; and
b: the iwi aquaculture organisations of all relevant iwi; and
c: the recognised iwi organisation of a relevant iwi that does not have an iwi aquaculture organisation.
3: Despite subsection (1), the trustee may implement a determination under section 49B
a: to the extent that it can be implemented without depriving an iwi aquaculture organisation of a relevant iwi or recognised iwi organisation (for a relevant iwi that does not have an iwi aquaculture organisation) that disputes the determination of the benefit of the dispute resolution process under sections 53 to 55
b: if the iwi aquaculture organisation of each relevant iwi or each recognised iwi organisation (for relevant iwi that do not have an iwi aquaculture organisation) notifies the trustee in writing within the period referred to in subsection (1)(a) that the organisation does not intend to invoke the dispute resolution process.
4: A waiver notified in accordance with subsection (3)(b) is binding on the iwi aquaculture organisation or recognised iwi organisation that issues it. Section 49E inserted 12 April 2022 section 7 Maori Commercial Aquaculture Claims Settlement Amendment Act 2022
50: Transfer of authorisations or coastal permits
1: An iwi aquaculture organisation or a company under the Companies Act 1993
a: given notice of the proposed transfer to the adult members of the iwi; and
b: obtained the prior approval of not less than 75% of the adult members of the iwi who vote—
i: at a general meeting of the iwi aquaculture organisation called for the purpose; or
ii: by postal ballot.
2: However, subsection (1) does not apply to a transfer of settlement assets by the iwi aquaculture organisation or trustee if the settlement assets are transferred to a company under the Companies Act 1993
a: the iwi aquaculture organisation; or
b: the iwi aquaculture organisation and other iwi aquaculture organisations in the region, but only if the transfer is approved by the iwi aquaculture organisation before the settlement assets are transferred.
3: A notice given under subsection (1)(a) must specify—
a: the approximate proportion of the total value of settlement assets held by the iwi aquaculture organisation that is affected by the proposed transfer; and
b: the settlement assets affected by the proposed transfer; and
c: a reasonable estimate of the likely market value of the settlement assets affected.
4: An approval obtained under subsection (1)(b) may authorise the iwi aquaculture organisation or company to transfer or ask the trustee to transfer—
a: specified settlement assets; or
b: not more than a specified proportion of settlement assets.
5: An approval obtained under subsection (1)(b)—
a: has effect on and from the date on which it is given; and
b: expires 12 months after that date.
6: This section applies subject to sections 135 165S
7: In this section,— adult general meeting
a: all adult members of the iwi are entitled to attend; and
b: complies with the constitutional documents of the iwi aquaculture organisation member of an iwi section 5 Section 50(2) substituted 1 October 2011 section 17 Maori Commercial Aquaculture Claims Settlement Amendment Act 2011 Section 50(6) replaced 23 December 2023 section 6 Resource Management (Natural and Built Environment and Spatial Planning Repeal and Interim Fast-track Consenting) Act 2023
51: Transfer of settlement assets to be entered on iwi aquaculture register
1: The trustee must enter on the iwi aquaculture register details of every transfer of settlement assets made by the trustee or an iwi aquaculture organisation that is subject to section 50(1)
2: For the purpose of subsection (1), an iwi aquaculture organisation must notify the trustee of the details of a transfer of settlement assets that is subject to section 50(1) Dispute resolution
52: Application
Sections 53 to 55
a: between the trustee and an iwi over whether an organisation should be recognised or continue to be recognised by the trustee as an iwi aquaculture organisation:
b: between iwi aquaculture organisations over information to be used to support a claim under Schedule 1
c: between the trustee and 1 or more iwi aquaculture organisations over a determination of settlement assets allocation entitlements under section 45(4) Schedule 1
ca: between the trustee and 1 or more iwi aquaculture organisations or a recognised iwi organisation (for a relevant iwi that does not have an iwi aquaculture organisation) over an exercise of the trustee’s discretion under section 49B section 49
d: between iwi aquaculture organisations over the proportional allocation of entitlements to be attributed to iwi in relation to a harbour listed in Schedule 2
e: between iwi aquaculture organisations over the allocation of settlement assets under section 48 section 49
f: between an adult member of an iwi and the iwi over whether, in relation to a matter within the scope of this Act, a decision, act, or omission of the iwi's aquaculture organisation complies or is consistent with this Act or the constitutional documents or policies of the iwi aquaculture organisation. Section 52(ca) inserted 12 April 2022 section 8 Maori Commercial Aquaculture Claims Settlement Amendment Act 2022
53: Resolution of disputes
If a dispute arises in relation to a matter referred to in section 52
a: endeavour to agree on a process for resolving the dispute, including (but not limited to) all or any of the following:
i: further negotiations:
ii: mediation:
iii: determination of the dispute by an independent expert; and
b: before proceeding to take any other action under this subpart, engage in the process agreed under paragraph (a).
54: Reference to Maori Land Court
1: This section applies if resolution is unable to be reached under section 53
2: A party to a dispute may refer the dispute to the Maori Land Court under section 26P
a: advice on an appropriate dispute resolution process for the purposes of section 53
b: a non-binding ruling on a question of fact or law to assist in the conduct of the dispute resolution process.
3: The Maori Land Court may make a determination under section 26Q section 53
55: Effect of right to make reference to Maori Land Court
1: This section applies to a dispute that may be referred to the Maori Land Court under section 54
2: Until the dispute has been determined under section 26Q
a: apply for review under the Judicial Review Procedure Act 2016
b: commence proceedings for a writ of, or in the nature of, mandamus, prohibition, or certiorari, or a declaration or injunction in relation to that decision. Section 55(2)(a) amended 1 March 2017 section 24 Judicial Review Procedure Act 2016 Miscellaneous provisions
56: Further redress if disproportionate reduction in space in relation to settlement assets
1: This section applies if—
a: a regional coastal plan is changed; and
b: the change has the effect of reducing space available in the coastal marine area for aquaculture activities; and
c: the effect of the reduction in relation to settlement assets of an iwi aquaculture organisation in a region is disproportionately greater than the overall reduction of space in the region for aquaculture activities.
2: If this section applies, the iwi aquaculture organisation may apply to the Minister
3: If the Minister Section 56(2) amended 1 October 2011 section 4(4) Maori Commercial Aquaculture Claims Settlement Amendment Act 2011 Section 56(3) amended 1 October 2011 section 4(4) Maori Commercial Aquaculture Claims Settlement Amendment Act 2011
57: Aquaculture settlement register
1: The chief executive of the Ministry of Fisheries must keep and maintain an aquaculture settlement register, and enter in the register information prescribed by regulations.
2: The chief executive is not required to verify the accuracy of the information entered in the register.
58: Regulations
1: The Governor-General may by Order in Council make regulations—
a: requiring regional councils, the trustee, and iwi aquaculture organisations to provide information to the chief executive of the Ministry of Fisheries in order to assist the Crown to meet its obligations under this Act; and
b: providing for the chief executive of the Ministry of Fisheries to keep the information provided under paragraph (a) in a register; and
c: providing for—
i: annual reports and annual plans to be prepared by the trustee; and
ii: the auditing of the operations of the trust; and
iii: additional requirements in relation to the trustee's accountability to iwi aquaculture organisations; and
iv: additional requirements in relation to keeping and maintaining the aquaculture settlement register; and
v: any other additional requirements in relation to the role of the trustee under this Act; and
d: providing for notation referring to settlement space on authorisations and coastal permits transferred to the trustee for allocation to iwi aquaculture organisations.
2: Regulations made under subsection (1)(c) may be made only on the recommendation of the Minister
3: Regulations under this section are secondary legislation ( see Part 3 The following table is small in size and has 3 columns that are grouped under the heading Legislation Act 2019 requirements for secondary legislation made under this section. Legislation Act 2019 requirements for secondary legislation made under this section Publication PCO must publish it on the legislation website and notify it in the Gazette LA19 s 69(1)(c) Presentation The Minister must present it to the House of Representatives LA19 s 114 cl 32(1)(a) Disallowance It may be disallowed by the House of Representatives LA19 ss 115 116 This note is not part of the Act. Section 58(2) amended 1 October 2011 section 4(4) Maori Commercial Aquaculture Claims Settlement Amendment Act 2011 Section 58(3) inserted 28 October 2021 section 3 Secondary Legislation Act 2021
59: Certain harbours to be added to Schedule 2
1: The Governor-General may, by Order in Council made on the recommendation of the Minister Schedule 2
2: The Minister
3: An order under this section is secondary legislation ( see Part 3 The following table is small in size and has 3 columns that are grouped under the heading Legislation Act 2019 requirements for secondary legislation made under this section. Legislation Act 2019 requirements for secondary legislation made under this section Publication PCO must publish it on the legislation website and notify it in the Gazette LA19 s 69(1)(c) Presentation The Minister must present it to the House of Representatives LA19 s 114 cl 32(1)(a) Disallowance It may be disallowed by the House of Representatives LA19 ss 115 116 This note is not part of the Act. Section 59(1) amended 1 October 2011 section 4(4) Maori Commercial Aquaculture Claims Settlement Amendment Act 2011 Section 59(2) amended 1 October 2011 section 4(4) Maori Commercial Aquaculture Claims Settlement Amendment Act 2011 Section 59(3) inserted 28 October 2021 section 3 Secondary Legislation Act 2021
60: Amendments to Foreshore and Seabed Act 2004
(1)–(4): Amendment(s) incorporated in the Act(s)
5: Subsection (1) is deemed to have come into force on the commencement of section 18