Heatley Phil: Questions for Oral Answer — Questions to Ministers 
Heatley Phil: Questions for Oral Answer — Questions to Ministers 
[Volume:622;Page:17221] 
8.  
PHIL HEATLEY (National—Whangarei) 
 to the  
Minister in charge of Treaty of Waitangi Negotiations 
: Do the following treaty settlements still stand: with NgaiTahu in 1998 and Ngati Tama in 2003 giving them a preferential tender right of up to 10 per cent of aquaculture space with Ngati Awa in 2002 giving it a preferential tender right of up to 5 per cent and with NgatiRuanui in 2003 and Nga Rauru Kitahi in 2003 also giving them preferential tendering rights to aquaculture space? 
Hon MARGARET WILSON (Minister in charge of Treaty of Waitangi Negotiations) 
: 
 Yes. 
Phil Heatley 
: Did the Minister advise the Minister of Fisheries and the Minister of Maori Affairs that those five specific iwi already had those full and final aquaculture settlements: if so why have all three Ministers agreed that those five specific iwi are to receive a further 20 percent of existing space and up to 40 percent of future space? 
Hon MARGARET WILSON 
: Yes because the matters set out in the deeds of settlement are in respect of historical grievances before 1992. 
Moana Mackey 
: Does the Government intend to continue making settlements that include the right of first refusal to coastal space; if so why? 
Hon MARGARET WILSON 
: Yes. In an open negotiation between the Crown and iwi to settle a historical grievance the Crown considers all aspects of the grievance. Provisions in settlements to grant a right of refusal to purchase coastal space at market rates is one of the many redress mechanisms to provide redress to iwi as part of a comprehensive settlement of their historical claims. 
Hon Ken Shirley 
: Can the Minister explain why the Government is granting preferential race-based aquacultural space when the 1992 $1 billion Treaty of Waitangi fisheries settlement was a full and final settlement of all Maori claims to commercial fishing rights in view of the fact that all statutory definitions of “fisheries” include all forms of marine farming? 
Hon MARGARET WILSON 
: As I am sure the honourable member is aware in fact that settlement did not include aquaculture. That was specifically excluded on the instructions of the Ministers at the time and therefore it became unfinished business. In answer to the first part of the question I say that of course this legislation had a New Zealand Bill of Rights Act assessment as all legislation does and particular reference was made to section 19 which provides that everyone has a right to be free from discrimination. This bill passed its bill of rights vetting. 
Phil Heatley 
: When should Kiwis expect those full and final treaty settlements to end: after the 1992 fisheries settlement after the 1998 to 2002-03 deeds dealing with aquaculture space that I referred to after the give-away of 20 percent of existing aquaculture space after the give-away of 40 percent of future aquaculture space or with some other full and final settlement in the distant future? 
Hon MARGARET WILSON 
: Each of those documents of course is full and final in terms of its own settlement. It does not speak beyond the document itself. Maybe the honourable member did not hear this but the deeds relate to pre-1992 and the legislation relates to post-1992. They give rise to separate sets of rights and obligations so they are not the same thing at all. 
Phil Heatley 
: Does the Minister mean then that the five iwi I listed which have already had aquaculture settlements and which will have another 20 percent and 40 percent of space thrown at them are not alone—that we can expect all other iwi in the country not in that five also to put in a historical claim that will include aquaculture over and above that 20 and 40 percent give-away? 
Hon MARGARET WILSON 
: Obviously the member did not hear my reply to the supplementary question that was directed to me by a member of my own party. The answer is yes if that in fact emerges in the course of the negotiations and if it is part of the settlement of historical grievances it will. 
Phil Heatley 
: So there is no— 
Hon MARGARET WILSON 
: There will be an end to it in that the pre-1992 terms of that deed cannot be relitigated.