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Maori Commercial Aquaculture Claims Settlement (Regional Agreements) Amendment Act 2010 Public Act Date of assent Commencement 2010 No 8 29 March 2010 see section 2 Contents Title Commencement Principal Act amended Purpose Part 1 Amendments relating to preliminary provisions of principal Act Interpretation Meaning of settlement assets Part 2 Amendments relating to remaining provisions of principal Act Regional agreements Crown’s obligations New section 29A inserted 29A Registered entitlements to settlement assets Functions and powers of iwi aquaculture organisations Duties of trustee New section 44 substituted 44 Determinations and allocations generally Page 2 2 2 2 2 3 3 3 3 4 4 4 5 5 1 Maori Commercial Aquaculture Claims Settlement (Regional Agreements) Amendment Act 2010 2010 No 8 Basis of allocation of settlement assets 5 s 1 13 The Parliament of New Zealand enacts as follows: Title This Act is the Maori Commercial Aquaculture Claims Settle- ment (Regional Agreements) Amendment Act 2010.
Commencement This Act comes into force on the day after the date on which it receives the Royal assent.

Principal Act amended This Act amends the Maori Commercial Aquaculture Claims Settlement Act 2004.

Purpose The purpose of this Act is to provide the Crown with an ad- ditional way of complying with its obligation under section 22(1) of the principal Act in respect of pre-commencement space; and, to that end, this Act incorporates provisions into the principal Act that deal with regional agreements.
Part 1 Amendments relating to preliminary provisions of principal Act Interpretation Section 4 is amended by inserting the following definition in its appropriate alphabetical order: “regional agreement means an agreement of a kind described in section 29A (whether entered into before, on, or after the date of commencement of the Maori Commercial Aquacul- ture Claims Settlement (Regional Agreements) Amendment Act 2010)”.
2010 No 8 Maori Commercial Aquaculture Claims Settlement (Regional Agreements) Amendment Act 2010 Part 2 s 8 6 Meaning of settlement assets Section 5(1) is amended by inserting the following paragraph after paragraph (a): “(ab) includes payments of money and the transfer of any other benefit to the trustee or an iwi aquaculture organ- isation under a regional agreement; and”.
Part 2 Amendments relating to remaining provisions of principal Act 7 (1) (2) Crown’s obligations Section 22(3) is amended by inserting the following paragraph after paragraph (b): “(ba) by entering into a regional agreement:”.
Section 22 is amended by inserting the following subsection after subsection (3): “(3A) If a regional agreement includes a provision of a kind referred to in section 29A(3)(b) or is otherwise conditional, the Crown is taken to have complied with subsection (1) in the way spe- cified in subsection (3)(ba) only if the agreement becomes un- conditional.” 8 New section 29A inserted The following section is inserted after section 29: “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, with the parties specified in subsection (2) if the Crown and those parties all agree that the Crown’s obligation under section 22(1) will be satisfied in respect of those regions and harbours on the terms set out in the agreement.
“(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 3 Part 2 s 9 Maori Commercial Aquaculture Claims Settlement (Regional Agreements) Amendment Act 2010 2010 No 8 “(b) for any iwi referred to in paragraph (a) that do not have iwi aquaculture organisations, the recognised iwi organ- isations of those iwi.
“(3) A regional agreement must include— “(a) “(b) the trustee as a party to the agreement in order to con- firm that the agreement has been entered into by the par- ties specified in subsection (2); or 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 con- tract in accordance with its terms.
“(5) Section 22(3)(c) does not prevent the Crown from making a payment to the trustee under a regional agreement before 1 January 2013.

“(6) No court or tribunal has jurisdiction to inquire into the quan- tification 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.” 9 Registered entitlements to settlement assets Section 31 is amended by repealing subsection (4) and substi- tuting the following subsection: “(4) A registered settlement assets allocation entitlement binds the iwi concerned in relation to the allocation of settlement as- sets within the regional coastline or harbour concerned as de- termined by the trustee in accordance with section 45(4) or Schedule 1.” Functions and powers of iwi aquaculture organisations Section 32(2) is amended by inserting the following paragraph after paragraph (b): “(ba) enter into regional agreements:”.
Duties of trustee Section 38 is amended by inserting the following subsection after subsection (2): 10 11 (1) 4 2010 No 8 Maori Commercial Aquaculture Claims Settlement (Regional Agreements) Amendment Act 2010 Part 2 s 13 “(2A) The trustee may also enter into a regional agreement or other- wise agree to be bound by a regional agreement, and perform obligations and exercise rights under or in relation to the agree- ment.” Section 38(3) is amended by inserting “or its obligations re- ferred to in subsection (2A)” after “subsection (1)”.
(2) 12 New section 44 substituted Section 44 is repealed and the following section substituted: “44 Determinations and allocations generally “(1) The trustee must make its determinations as to settlement as- sets allocation entitlements and its allocation of settlement as- sets separately on the basis of the region of each regional coun- cil and each harbour listed in Schedule 2.
“(2) However, if a written agreement referred to in section 45(4) covers more than 1 region or harbour, the trustee may make its determinations as to settlement assets allocation entitlements and its allocation of settlement assets collectively on the basis of the regions and harbours covered by the agreement.
“(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 writ- ten agreement referred to in section 45(4) to the extent that the agreement relates to settlement assets under a regional agree- ment that was entered into after the written agreement and, if it does so, the amendment becomes a determination of settle- ment assets allocation entitlements.” 13 “(1) Basis of allocation of settlement assets Section 47 is amended by repealing subsection (1) and substi- tuting the following subsection: If by the end of the 12-month period specified in section 45(4) the iwi aquaculture organisations for a region have not made a written agreement for all of the settlement assets of the re- 5 Maori Commercial Aquaculture Claims Settlement (Regional Agreements) Amendment Act 2010 2010 No 8 gion, the trustee must determine, in accordance with this sec- tion and Schedule 1, settlement assets allocation entitlements for any settlement assets for which no written agreement has been made.” 13 May 2009 16 June 2009 28 August 2009 8 December 2009 23 March 2010 24 March 2010 29 March 2010 Legislative history Introduction (Bill 31–1) First reading and referral to Māori Affairs Committee Reported from Māori Affairs Committee (Bill 31–2) Second reading Committee of the whole House Third reading Royal assent This Act is administered by the Ministry of Fisheries.
12 6 Wellington, New Zealand: Published under the authority of the New Zealand Government—2010