Katene Rahui: Maori Commercial Aquaculture Claims Settlement (Regional Agreements) Amendment Bill — First Reading 
Katene Rahui: Maori Commercial Aquaculture Claims Settlement (Regional Agreements) Amendment Bill — First Reading 
[Volume:655;Page:4346] 
RAHUI KATENE (Maori Party—Te Tai Tonga) 
 On 6 May 2009 I was fortunate to be present when a remarkable event took place. It was indeed an historic occasion one which was a result of a relationship of collaboration and respect between the National Party the Maori Party and iwi Maori. On that historic day the Prime Minister Minister of Fisheries Heatley and Minister of Maori Affairs Sharples signed together a deed of settlement with the iwi of Te Tau Ihu Ngai Tahu and iwi of the Hauraki. As a direct descendant of Ngati Koata Ngati Toa Ngati Kuia and Ngai Tahu for me it was indeed a day to be well pleased. That deed of settlement gave immediate effect to a $97 million early settlement of the Crown’s pre-commencement space obligations to iwi. In that way it honoured the Maori aquaculture settlement. 
I cannot help but draw a comparison between that day and 6 May 2004 the day exactly 5 years earlier that heralded the first reading of the Foreshore and Seabed Bill when over 40000 people marched on Parliament. This bill represents the difference between a promise made and a promise kept. The Crown promised iwi the equivalent of 20 percent of aquaculture space created between 1992 and 2004 and 20 percent of new space. That was a grand promise that Labour Governments over 9 long years were unable to honour. It is a promise that the National-led Government has kept with the Maori Party right there every step of the way. The Maori Commercial Aquaculture Claims Settlement (Regional Agreements) Amendment Bill makes good on that promise by amending the Maori Commercial Aquaculture Claims Settlement Act 2004. The amendment is required in order to provide the Crown with another way of complying with its obligation in respect of aquaculture pre-commencement space. To that end it incorporates provisions into the Act to allow the Crown to deliver on its contemporary Treaty obligations in relation to commercial aquaculture. 
These provisions deal with regional agreements. The iwi who were consulted appear to favour regional agreements seemingly based on the fact that there is no new space. Why is there not any new space? One could say that it is because the aquaculture reforms have been an abysmal failure. At the very minimum the aquaculture space has not flowed through as it should have. Not one single transaction has occurred for marine farms created before the signing date of 2004; not one single hectare of new aquaculture marine farming area anywhere in Aotearoa. That is a fairly sad situation when the original deal gave 20 percent of all marine space between 1992 and 2004. The Maori Party has advocated for urgent progress to ensure that iwi get full value from settlements so today just as we celebrated on 6 May we recognise that the day has finally come when the Crown appears to be making up for lost time and previous efforts. 
We will be interested in the select committee deliberations and in particular to hear views on the regional agreements. The concern is that although regional agreements allow for early settlement using cash payments this does not resolve the primary desire for iwi to be active players in the aquaculture industry. The purpose of this legislation is to ensure that the Crown can meet its settlement obligations to iwi albeit in a limited way. As all parties around this House would concede very little space is available for new aquaculture so there is little alternative but to facilitate a payment of the financial equivalent. 
There are three important issues around timing considerations. First the bill amends the Act to make cash payments at an earlier date. This deals with the pre-commencement space obligation with a single cash transaction for each region or specified harbour. But it also brings forward the process of consideration at the select committee from 6 months to 4 months which the Maori Party supports in the hope that progress can be speedily achieved. The promise has been delayed far too long to draw the process out any longer. The second issue that we will be interested to listen to during the select committee consideration is the perception of iwi about the effectiveness of the cash settlement option. We know that the iwi concerned has spent a lot of money on court cases trying to get the issues addressed. There was no new aquaculture space at the top of the South Island so the cash settlement option looks favourable in the long term. The third issue relates to the Crown’s insistence that settlements are for all or for none—that is where one iwi is not ready to settle all other iwi have to wait for that one iwi. 
I emphasise that days like 6 May 2009 and bills like this bill do not come along often. Although we fully acknowledge the incompetence of the previous Labour Government in achieving settlement we recognise the contribution of former Ministers in getting us to this stage. The bill reflects the commitment and vision of the iwi who initially approached the Government and have been involved in negotiating this settlement. It provides an immediate solution to the limited prospects that were evident for generating settlement assets for iwi by 2014. It gives effect to the agreement of the Crown and iwi of Te Tau Ihu Te Wai Pounamu and Hauraki that there would be an earlier settlement of the Crown’s pre-commencement space obligation in those regions. In so doing it reflects the good faith and the pragmatic approach adopted by iwi leaders and negotiators as well of course as key stakeholders such as the Ministry of Fisheries and Te Ohu Kai Moana Trustee. 
We hope that such a solid foundation will continue in the outstanding work that is still to be done in honouring the promise encompassed in the aquaculture settlement. In this respect we will continue to express our support for the Crown through the Ministry of Fisheries to continue to work with Te Ohu Kai Moana Trustee to provide an early settlement with the remaining regions and we understand there are between 17 and 19 remaining. We believe that the Ministry of Fisheries is employing specific and specialist expertise to investigate the value of the pre-commencement space obligations for the remaining regions. It will be literally a case of watching this space—the aquaculture space. 
Finally I conclude by commending the allocation in Budget 2009 of $15.9 million over the next 2 years to settle outstanding Treaty settlements over aquaculture. This allocation will be used to fulfil the statutory obligations of the Crown to honour decisions permitted under the Maori Commercial Aquaculture Claims Settlement Act. It also provides a solid footing to implement decisions that emerge out of the early settlement of the Crown obligations to iwi in the South Island and the Coromandel. 
These are all positive steps to ensure that the Crown will meet this promise and that it will act with honour in meeting its Treaty obligations. The iwi implicated in this bill are mana whenua. Their authority comes from their relationship with and access to their lands and the rights of guardianship and protection that are bound up with that. They deserve the respect and the recognition that this bill requires. We are happy to support this bill.