Flavell Te Ururoa: Third Readings — 
Text is incorporated into the Bound Volume 
Flavell Te Ururoa: Third Readings — 
[Sitting date: 16 August 2011. Volume:675;Page:20954. Text is incorporated into the Bound Volume.] 
TE URUROA FLAVELL (Maori Party—Waiariki) 
: 
 Kia ora tatou e te Whare i tenei po. I am pleased to stand and take a call on this aquaculture legislation and I am pleased to say that the Maori Party is supporting it. I am thrilled to be able to talk about this legislation simply because today has been rather negative on the part of some people who have not appreciated the Maori Party view on some bills. But tonight I can say that we are right behind this legislation 100 percent. We support this legislation which updates the aquaculture legislation and therefore smoothes the pathway to settlement of Maori commercial aquaculture claims.  
We support also the opportunity this legislation will provide to allow trial farming of high-value finfish in the Coromandel marine-farming zone.  
Other speakers have spoken about this legislation but to make sure it is on record for those who are listening in I say that this aquaculture legislation aims to simplify the allocation of new space for aquaculture activities by removing the need to set up aquaculture management areas. The legislation does this by making amendments to a number of Acts: the Aquaculture Reform (Repeals and Transitional Provisions) Act 2004 the Fisheries Act 1996 the Maori Commercial Aquaculture Claims Settlement Act 2004 and the Resource Management Act 1991.  
I want to put on record our congratulations to Minister Heatley from Whangarei on the honourable way in which this legislation has been developed. The Maori Party has been actively engaged with the Minister on this legislation and we have been proud of the way in which iwi leaders have also been actively engaged in the process of the drafting. The iwi leaders’ advisers worked with Ministry of Fisheries officials in the drafting of two amendments and we believe that the legislation is much better because of their input. The amendment drafted in consultation with aquaculture iwi leaders offers iwi and the Crown more flexibility in negotiating settlements under the Maori Commercial Aquaculture Claims Settlement Act 2004. 
The first amendment focused on Treaty settlements and confirmed forecasting gazetting and consenting of regional aquaculture space for iwi—20 percent of the total aquacultural space. 
The second amendment was focused on undue adverse effects tests. It was proposed during the Committee of the whole House that if there was an impact on customary/recreational space then aquaculture space could not proceed. With commercial space the threshold for support from fisheries permit holders required drops from 100 percent to 75 percent. The second amendment is basically very technical in nature. It changes the test and facilitates agreements between aquacultural applicants and fishing quota owners. When 70 percent of fishing quota owners who are impacted by aquaculture agree to a proposed aquacultural agreement then the applicant can apply to the High Court to have the remaining quota owners bound as well. It concerns basically planning and consenting.  
Finally there is a proposed binding arbitration process for mediation. The legislation requires negotiation and agreement of what might be seen as forced arbitration. Iwi leaders are comfortable with this threshold change and arbitration mechanisms. 
I cannot underestimate the importance of aquaculture to our whanau. The Maori Party supports any opportunities and incentives for whanau hapu and iwi to enjoy genuine progress in their connections with their maunga awa moana marae tupuna and atua. We believe that aquaculture has great potential to boost our wealth and jobs especially in the regions. We believe that this bill will help Maori contribute more to the growth of an industry that has huge economic potential to benefit all of Aotearoa.  
Iwi already control around 40 percent of fisheries but further progress in aquaculture has been hampered by the 2004 Act creating an unworkable solution in settling Maori claims. The legislation we are debating tonight is arguably a work in progress especially in consideration of the changes that are aimed at simplifying the process around the allocation of new space for aquaculture activities as well as taking into account the interim measure put in place to allow for continuation of the 20 percent allocation mechanism for Maori interest in aquaculture.  
The commitment shown with regard to future consultation with iwi leaders on these issues has been really encouraging. Because of their work the amendment allows iwi and the Crown to negotiate regional settlements of commercial aquaculture claims which might involve 20 percent of any new space cash or other agreed terms. In effect iwi can negotiate a package that suits their specific and unique circumstances. We understand that new space will be reserved for settlements for 3 years. We accept that this is important in allowing negotiations to proceed but the time limit will stop discussions from getting bogged down. 
Regional settlements are to deliver space to iwi in more useful blocks rather than as 20 percent scattered among each allocation that is made. I want to draw attention to the comments made by Te Ohu Kaimoana in its submission on this bill to the Primary Production Committee. The submission states: “Having a positive and sustainable aquaculture sector will not come from getting the legislation correct. It will also need to be implemented well. Te Ohu welcomes that the government has indicated that it will take a more active and coordinated role. This must happen and it must be sustained. One aspect where this is crucial will be in working with iwi in regions to reach and promptly implement agreements on their Aquaculture Settlements. For iwi to receive value from the Settlement this work will need to be anticipatory.” 
Another part of the bill I will refer to makes provision to allow a marine farming zone to be created in the Hauraki Gulf by amending the Waikato Regional Coastal Plan. The zone is suitable for trial raising of hapuku or kingfish in sea cages. These high-value species would boost the industry. Again iwi will get 20 percent of the new zone.  
Finally as I said earlier we will be supporting the passing of the bill. Although we will be doing that there is an outstanding issue of development opportunities that we believe should be promoted for iwi hapu and whanau. We would like to promote the development of innovative iwi aquaculture enterprises including those in the marine environment in fresh water or on land. In particular we want to assist iwi to do two things: first to maximise the value of assets received under the Maori Commercial Aquaculture Claims Settlement Act 2004; and second to contribute substantially to the realisation of the aquaculture industry goal of achieving average turnover of $1 billion by 2025. The Maori Party has taken up this issue with the Minister and we hope that the Government can see fit to invest in projects that are aimed at delivering significant and sustainable economic value to iwi and New Zealand across the whole aquaculture value chain. There is an enormous amount of potential that we could look to support including education and skills development research and development product development commercialisation commercial development and technology transfer. Within that if we were to give priority to any projects they would be those that firstly contribute to innovation in the aquaculture sector; secondly build iwi and Maori capacity to participate successfully in all aspects of the sector; and thirdly encourage collaboration between iwi and between iwi and third-party partners of their choice.  
We see the need for investment in iwi development within the aquaculture sector as being really crucial to the future success of the industry and we will be taking up every opportunity to discuss these issues further down the line with either the Takutai Trust of Te Ohu Kaimoana or the aquaculture unit of the Ministry of Fisheries to provide a platform for advancing sustainable development. With those comments I say that the Maori Party supports this legislation at its third reading.