Benson-Pope David: Maori Fisheries Bill — Second Reading 
Benson-Pope David: Maori Fisheries Bill — Second Reading 
[Volume:619;Page:15206] 
Hon DAVID BENSON-POPE (Minister of Fisheries) 
: 
 I move  
That the Maori Fisheries Bill be now read a second time 
. This bill gives effect to the model for allocating fisheries settlement assets. These assets were transferred by the Crown in accordance with the 1989 and 1992 fisheries settlements and have to date been held and managed by the Treaty of Waitangi Fisheries Commission and its predecessor the Maori Fisheries Commission. 
Broadly this bill provides for the establishment of a series of new entities and for the distribution of settlement assets among iwi and the new entities. The Treaty of Waitangi Fisheries Commission will disappear and be replaced by a trust Te Ohu Kai Moana and its trustee Te Ohu Kai Moana Trustee Ltd. All settlement quota will be allocated to iwi represented by mandated iwi organisations. Settlement assets comprising companies and company shares will be consolidated into a single holding company Aotearoa Fisheries Ltd whose income shares will be held by iwi and Te Ohu Kai Moana Trustee Ltd. Two new trusts will be created: Te Putea Whakatupu Trust will fund Maori education training and research; Te Wai Maori Trust will fund initiatives to promote the interests of Maori in freshwater fisheries. The bill sets out the criteria and preconditions for the assets to be allocated to iwi in a manner that is ultimately for the benefit of all Maori and therefore of all New Zealanders. 
I thank the members of the Fisheries and Other Sea-related Legislation Committee for their work on this bill. They heard evidence in Rotorua Gisborne Christchurch Whangarei and Wellington. They have carefully considered submitters’ views—often widely divergent views. In addition they have clearly been conscious of the need not to undermine the allocation model developed by the Treaty of Waitangi Fisheries Commission. In an extended process the commission established the model’s basic framework and criteria to meet the requirements of the deed of settlement and direction from the courts. 
Key issues raised in submissions to the select committee included: the need for greater accountability of Te Ohu Kai Moana Trustee Ltd and Aotearoa Fisheries Ltd to iwi; greater accountability of mandated iwi organisations to their iwi members; changes in the timing and procedure to review the governance structures of new entities; greater flexibility in the disposal of settlement assets; the reduction of delay in the transfer of assets to mandated iwi organisations; and finally recognition of iwi for the purposes of the bill. 
The committee has by majority recommended a number of amendments to address these issues. To improve the accountability of Te Ohu Kai Moana Trustee Ltd and Aotearoa Fisheries Ltd to iwi it is recommended that mandated iwi organisations be able to table non-binding motions at general meetings of Te Ohu Kai Moana Trustee Ltd and that all reporting documents should go to Te Kawai Taumata the electoral college to enable it to assess better the performance of the directors it has appointed. The committee has also recommended that the constitutions of all the new entities require greater detail in reporting to their beneficiaries. 
To improve the accountability of mandated iwi organisations to their iwi members the committee has recommended changes requiring adequate notification of meetings and the provision for members to have the option of voting by postal ballot. These changes ensure that members are able to be informed of and participate in decisions to ratify or change the constitutional documents elect office holders or dispose of any settlement assets. In addition the committee has recommended that mandated iwi organisations cannot be recognised by Te Ohu Kai Moana Trustee Ltd until they have a minimum number of iwi members on a register and that the minimum number of registered members should be increased in the case of larger iwi. The changes should address the concerns of many groups by making sure that a mandated iwi organisation acts for the benefit of all members of that iwi. 
The committee has also recommended substantial changes to the review provisions which are aimed at providing more timely reviews and ensuring that the governance review procedures are independent. To that end amendments are recommended to provide for an operation audit every 4 years to determine how well directors are carrying out their duties and functions. In the 11th year an independent review will be conducted to determine whether any changes in the governance arrangements or asset disposal restrictions would better serve the interests of the beneficiaries. A committee of representatives appointed by iwi will set the terms of the review and appoint the reviewer. 
Changes have also been recommended to the processes for sale of settlement quota. These changes will allow mandated iwi organisations to maximise the price they can receive from the sale of a bundle of assets that include settlement quota while maintaining the restriction that settlement assets can be sold only to iwi or members of Te Ohu Kai Moana group including Aotearoa Fisheries Ltd. To reduce delays in the transfer of settlement assets to iwi the committee has recommended changes to provide for interim coastline agreements. Where there are disputes about coastal boundaries interim coastline agreements can be entered into in relation to the areas that are not under dispute. Assets about which there is no dispute may be transferred to the relevant mandated iwi organisations. 
Finally the committee has recommended changes to allow the iwi of the Hauraki and Te Arawa confederations to establish separate mandated iwi organisations and to provide for Ngati Hine and Rongomaiwahine to withdraw from the mandated iwi organisations of Ngapuhi and Ngati Kahungunu. The withdrawal process requires the parties to negotiate an agreement on how the allocated settlement assets will be distributed. Upon withdrawal the iwi will have the right to manage separately their share of the settlement assets. In the case of Ngati Hine and Rongomaiwahine the committee noted that the Treaty of Waitangi Fisheries Commission had not completed its evaluation of iwi status. The committee reviewed the evidence provided against the commission’s iwi-recognition criteria and concluded that provision should be included in the bill to enable Rongomaiwahine and Ngati Hine to establish mandated iwi organisations and to manage their settlement assets if they chose separately from Ngapuhi and Ngati Kahungunu. 
 The Government supports the amendments recommended by the majority of the select committee. The Government also intends to move a number of technical amendments at the Committee stage. 
Passing the Maori Fisheries Bill is the final step that the Crown must take to complete the implementation of the agreements in the fisheries deed of settlement. The ongoing obligations to transfer 20 percent of new quota to Maori to provide for tangata whenua input and participation and to develop regulations to provide for customary fishing are in place under the Fisheries Act 1996. Now we just need to enact the Maori Fisheries Bill to enable allocation of the assets transferred by the Crown in settlement of Maori claims to commercial fishing. I am pleased to commend this bill to the House.