Katene Rahui: Aquaculture Legislation Amendment Bill (No 3) — Second Reading 
Katene Rahui: Aquaculture Legislation Amendment Bill (No 3) — Second Reading 
[Volume:672;Page:18738] 
RAHUI KATENE (Maori Party—Te Tai Tonga) 
: 
 Today is an auspicious day on which to speak to the second reading of the Aquaculture Legislation Amendment Bill (No 3) for while we are debating this bill today which makes changes to 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 over in New York in the United Nations headquarters some 1300 delegates are meeting to mark the 10th anniversary of the United Nations Permanent Forum on Indigenous Issues. It is with considerable pride that I rise to this bill mindful of the call of Secretary-General Ban Ki-moon for participants to raise their voices so that the world can hear about the threats and risks that indigenous communities face as well as about the unique expertise they can bring to issues such as aquaculture. 
I stand here also as a direct descendant of Ngati Koata Ngati Toa Ngati Kuia and Ngai Tahu proud that we have a Government that is committed to upholding the Maori Commercial Aquaculture Claims Settlement Act 2004 which provided for a full and final settlement of Maori commercial aquaculture interests since 21 September 1992. That Act was very important in terms of ensuring that iwi have access to coastal marine space to develop their marine farming interests. There are two particular sets of obligations to the settlement. The Act commits the Crown to providing the Maori Commercial Aquaculture Settlement Trust with the equivalent of 20 percent of existing aquaculture space in a coastal marine area issued on or after 21 September 1992. It requires 20 percent of all new aquaculture space identified in the coastal marine area to be transferred to iwi via the Maori Commercial Aquaculture Settlement Trust. 
The bill we are debating today enables the Crown’s settlement obligations to be delivered under the proposed new law. This can be done through the provision of either space in the coastal marine area or an agreed equivalent. So we are at a significant point in our journey. But how do we ensure that tangata whenua can indeed raise their voices as encouraged by the Secretary-General of the United Nations? The most distinctive feature of this work to date is the close engagement between the Ministers and iwi to ensure that the integrity of the settlement will be maintained. The Crown and iwi leaders established a group of technical advisers to develop and consult on options for a new settlement delivery mechanism. The technical group has reported to Ministers and iwi leaders and I want to point out a few more details about this innovative type of policy creation that has been a feature of the Maori Party’s influence on the Government. 
The role of the Iwi Leaders Forum has been a vital one to get the door open and to establish some foundation principles so that hapu and whanau have a strong platform from which to launch their input. The aquaculture Iwi Leadership Group has made it clear as in fact has every iwi leaders group during this term of Government that its members do not speak for or represent any other iwi apart from their own. Each and every one of the iwi leaders forum members is elected to their respective positions by their iwi and it is not for other outsiders to criticise those leaders. If there is criticism to be put let it be from the people at home. The key thing whether it be in New York or in Murihiku is for Maori to be at the front end of each issue and that is the assurance we have been able to provide through our position at the Government table. It is about being able to deliver. 
Delivery is about far more of course than the korero important though that is. It is about doing the mahi—in the case of this bill working out mechanisms for delivering the Crown’s obligations. The technical group members were chosen to do just that based on their expertise in aquaculture resource management policy development local government processes kaitiakitanga and iwi development. Because of this wide expertise the iwi leaders have been able to be quite innovative around the acquisition of space given the current restrictions. This is particularly important in terms of securing other space such as deep-sea aquaculture space because that is where the industry and technology are heading. I acknowledge the Minister for working with the Maori Party and for inviting iwi to discuss precisely how the Crown can deliver its obligations under the Maori commercial aquaculture claims settlement for new space. What iwi and hapu have told us repeatedly over the last decade is that the Labour Government rushed through the Maori Commercial Aquaculture Claims Settlement Act leaving a lot of loopholes that left Maori vulnerable. The bill closes some of those loopholes so it should be supported. 
The fundamental problem is that too few new players including Maori will be able to enter the aquaculture industry. There has been basically no existing space to allocate to Maori and it is too difficult to get new space as the process is too difficult and bureaucratic. We needed to think creatively and long term about how to ensure that marine-based aquaculture is able to fulfil its economic potential while also retaining the existing protections to ensure that the integrity of the settlement for iwi is kept. We also know that iwi leaders have expressed a preference for space which has been captured in the settlement. 
There is no time to waste. As we understand it the National Institute of Water and Atmospheric Research and the Ministry of Fisheries are currently doing forecasting research on new aquaculture spaces to be made available to iwi. This is space based on 20 percent of the aquaculture industry. We also understand that space will be available regionally so that will require iwi to enter into regional arrangements amongst themselves. This will proceed over a 3-year period. Cash settlement will still be available instead of space if other iwi prefer that. These are all pragmatic realistic steps towards enacting the settlement by progressing an innovative and meaningful settlement mechanism. It reminds me again of the words of Ban Ki-moon who told the New York gathering that the United Nations Declaration on the Rights of Indigenous Peoples finally had the consensus that it deserves. Now we need to make the declaration’s principles a reality. One of the other concepts he talked about was the view that indigenous peoples have been living in a green economy for centuries. Ban Ki-moon suggested that when economists today look for new ways to achieve sustainable development they should look at the old practices in indigenous communities. I cannot help but think as we look face-on at the growth of the aquaculture industry in Aotearoa that we should look with renewed respect at the impact of iwi upon aquaculture. Perhaps we can all take a moment to learn from their example. 
We are happy to support this bill. We are pleased that the reform package aims to reduce costs delays and uncertainty; encourage investment; and ensure decisions on aquaculture fit within an integrated coastal management framework. Most of all we are so happy that the legislation has benefited from consultation with and input from iwi hapu and whanau.