Smith Nick: Maori Commercial Aquaculture Claims Settlement (Regional Agreements) Amendment Bill — Third Reading 
Text is incorporated into the Bound Volume 
Smith Nick: Maori Commercial Aquaculture Claims Settlement (Regional Agreements) Amendment Bill — Third Reading 
[Sitting date: 24 March 2010. Volume:661;Page:9782. Text is incorporated into the Bound Volume.] 
Hon Dr NICK SMITH (Minister for the Environment) 
 on behalf of the  
Minister of Fisheries 
: I move  
That the Maori Commercial Aquaculture Claims Settlement (Regional Agreements) Amendment Bill be now read a third time 
. This bill gives effect to a deed of settlement signed on 6 May last year between the Crown and Te Tau Ihu iwi and Ngai Tahu of the South Island and the Hauraki tribes of the Coromandel for an early settlement of the Crown’s pre-commencement aquaculture space obligations in those regions. The settlement is for $97 million and will meet the vast majority of the Crown’s pre-commencement space obligations. It takes into account the most productive waters for aquaculture in the country covering the Hauraki Gulf the Marlborough Sounds Tasman Bay and the remainder of the South Island. These waters have been a food basket for tangata whenua for about a thousand years and are now a food basket for not just our country but the world. 
The Crown made an undertaking to settle its obligations to Maori in the aquaculture sector as part of the aquaculture settlement. However it is a disappointment that the combination of the moratorium and the subsequent aquaculture legislation made it too difficult to provide the new space that was promised to Maori and the difficulties that there were in trying to buy existing marine farming space proved that to be an ineffective way of providing iwi with space. Thus we have the deed and the agreement that have led to this bill. It was quickly obvious that it would not be practical for the Crown to settle its obligations under the aquaculture settlement Act by providing marine farm space. The deed of settlement in this bill overcomes those difficulties. Agreeing to the deed of settlement and developing this bill have required a great deal of collaboration and hard work both by Crown officials and iwi and it is as a result of innovative thinking and a desire from both sides to reach a quick and fair settlement that we have been able to get to this point. The fact that the settlement spans more than half of New Zealand’s coastal area and well over 90 percent of the aquaculture sector is testament to that achievement. 
The deed of settlement and the bill have both received overwhelming support from iwi and from local government as well as from the aquaculture and seafood industry. The process leading to the establishment of the deed of settlement in this bill is a model of how Treaty partners should work together as one—frankly not only between the Crown and iwi but also between iwi themselves. It is quite an achievement that all iwi of the South Island were able to set aside old differences and come together to reach an agreement for the entire South Island. This is the first time that this has been achieved and as an MP who represents the upper part of the South Island I give my congratulations and my thanks and I pay my respects to both Te Tau Ihu iwi and Ngai Tahu for making this happen. It is an example of what can be achieved with leadership with flexibility with pragmatism and with a willingness to settle past grievances and work together for a brighter future. Most important it is an example of what can be achieved with good faith and a determination from both sides to reach a settlement. 
The process started with a genuine interest in negotiating an early regional settlement that was outside the scope of the existing settlement legislation. The request was met with a desire from the Crown to work together to find an early settlement so that iwi the Crown and the aquaculture industry could move on with finality and also with security. The proposal from iwi in partnership with the Crown for an early regional settlement was innovative. The agreement of the parties to extend the negotiations beyond the realm of the South Island so as to include the Hauraki tribes of the Coromandel area was unprecedented. This demonstrated a spirit of cooperation. Allowing the Hauraki tribes to come on board and join in the negotiations established an agreement that covers almost the country’s entire aquaculture sector. Rather than having fragmented settlements all parties united as one for an efficient and expedient settlement. 
Developing a way to agree on a fair value for that marine farming space is a considerable achievement. It has never been done before on this scale. Determining a value for marine space is very challenging. It required a lot of hard work from iwi leaders from negotiators from Crown officials and also from expert consultants. Developing a way to allocate the settlement among the large number of iwi who are here today required hard work and commitment from Te Ohu Kaimoana and from iwi leaders. It is historic that so many iwi would come together to agree on a settlement like this. To finalise the settlement so expediently and on such a large scale is an achievement that we have not seen before and I hope that we will see it again. 
The bill also paves the way for the remaining iwi outside the South Island and the Coromandel region to enter into agreements with the Crown for an early settlement within their rohe. This is a strong point of the bill that I want to stress to try to ensure progress. The bill will not only give effect to the deed of settlement between the Crown and iwi of the South Island and the Coromandel but will give effect to future agreements the Crown may enter into with the remaining iwi. This positive aspect of the bill will be felt throughout the entire country. In fact it is already being felt. Officials have already engaged with iwi of the Bay of Plenty the Chatham Islands and other regions about an early aquaculture settlement in those regions. I also note that the iwi of the South Island and Hauraki have been willing to lend their support in helping the remaining iwi to come to similar settlements in their particular rohe and I want to publicly express the sincere thanks of the Government for that ongoing support. 
 There are many people to thank for their hard work and vision in getting to the point of the third reading of this bill today. I particularly acknowledge the foresight of the Te Tau Ihu fisheries forum and its chair Richard Bradley in initiating the opportunity for an early settlement. I also acknowledge the contribution of other iwi leaders from Ngai Tahu and from Hauraki whanui. I thank former Ministers the Hon Parekura Horomia and the Hon Jim Anderton for their work in seeing the potential to negotiate an early financial settlement across these areas and for starting the negotiating process. This was later progressed by current Ministers and the honourable Phil Heatley who have worked to pick this process up and carry it through to completion. I also thank the Crown negotiating team of Peter Murray and Nicholas Manukau from the Ministry of Fisheries as well as acknowledging the work of consulting firm LECG and Bob Roche of Greenwood Roche Chisnall. I acknowledge the work of Te Ohu Kaimoana particularly the work of Archie Taiaroa Peter Douglas and Laws Lawson who together with the chief iwi legal adviser Justine Inns provided support to iwi throughout the negotiating process and assisted iwi to reach agreement on how they wish to share the settlement assets between them. This was no easy task and I commend them for their efforts. 
I also thank the Maori Affairs Committee and its chair the Hon Tau Henare for their efforts and for the efficient manner in which this bill progressed through the select committee. With the support of iwi the committee made two very useful technical amendments that have strengthened the bill and have proved its effectiveness in application. I acknowledge the comments made by the Hon Tau Henare during the second reading when he said this was one of the first bills that he had seen go before that committee without there being even a hint of dissent from anyone around the table. I congratulate all members of the select committee on a job that was well done. 
In conclusion I say this settlement agreement provides something of a pathway firstly to developing long-term aquaculture legislation that will enable the industry to grow. For both Maori and Pakeha New Zealanders there have been lost opportunities over the last decade and there is important work for this Government and this Parliament to do so that we may all pick up on the opportunities of the industry. I also note in closing that this Parliament has before it the very challenging issue of the foreshore and seabed legislation. Again I say if the good spirit and the way in which this tricky issue has been dealt with can flow into addressing that challenge then New Zealand will be the winner. I commend this bill to the House.