Ogilvy Bernie: Aquaculture Reform Bill — In Committee 
Text is incorporated into the Bound Volume 
Ogilvy Bernie: Aquaculture Reform Bill — In Committee 
[Sitting date: 14 December 2004. Volume:622;Page:17747. Text is incorporated into the Bound Volume.] 
BERNIE OGILVY (United Future) 
: 
 Part 5 which members are speaking to sets out the procedures so that we may have clarity as to how to go about the allocation of aquaculture space—not only members here in Parliament but also regional councils Maori and iwi. I think that this is a very good part because it sets out the procedures. The Committee has become bogged down in some of its discussion as to whether it should even start on the procedures but once it has moved past that initial question there still need to be clear outlines on how things should take place. In other words I note that this part answers the question of how the settlement is to take place for iwi and Maori. As somebody has just tried to explain the amount that is set aside for Maori is 20 percent of all the space in aquaculture management areas. That is done in two stages. There is a stage from 21 September 1992 through until today—the existing farms or space that will be converted into aquaculture management areas—and then there is everything from the passing of this legislation. Overall this bill makes it clear that iwi will be settled with no more than 20 percent of that available space. The amount is not 40 percent of the space as someone correctly pointed out. The space must be representative space. It has to be economic in size for people to use and it has to have not less than average productivity as I recall some of the clauses point out. 
The space will go to Te Ohu Kai Moana Trustee to be held by that body as trustee and Part 5 lays out the procedures that relate to the passing over of that space to Maori. With regard to the assets that some people referred to when they said that the trustee would receive all the money and would run away with it that type of talk is not supported by Part 5. In fact what is being transferred is just space and there are no financial possibilities of others misusing or abusing space in itself or of people taking the money going elsewhere or holding up progress for a long period of time. There is no money involved and I think it is very important to understand that. The roles of the trustees the authority that is set out for them and their ability to do things is set out in Part 5. There is a dispute resolution process set up—going right through to the High Court if need be—so that no one can be in any doubt. I believe that this part sets out a good due process so that no one can misunderstand the intention and the conclusions that are desired for aquaculture to get started into a full thrusting sense from the passing of this legislation. 
There are other harbours that have been referred to in the bill. We have looked at them. As a party United Future will certainly vote for clause 105B which amends the Foreshore and Seabed Act and also for the amendment to that clause that has been tabled in Supplementary Order Paper 322 in the name of the Hon David Benson-Pope. We as a party feel that this is good legislation. It will really help Maori people to get settled and with them being settled the rest of the industry will therefore settle down and get on with practising aquaculture.