Maori Commercial Aquaculture Claims Settlement (Regional Agreements) Amendment Bill — First Reading 
Maori Commercial Aquaculture Claims Settlement (Regional Agreements) Amendment Bill — First Reading 
[Volume:655;Page:4346] 
Maori Commercial Aquaculture Claims Settlement (Regional Agreements) Amendment Bill 
First Reading 
Debate resumed from 2 June. 
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. 
Hon NANAIA MAHUTA (Labour—Hauraki-Waikato) 
 I rise to make a contribution to the first reading of the Maori Commercial Aquaculture Claims Settlement (Regional Agreements) Amendment Bill. I indicate clearly that Labour supports the bill and its intent. In fact if members had listened to the previous contribution they could be forgiven for overlooking the fact that Labour heading towards the election last year had signed an agreement in principle clearly expressing that this was the way to go. The point made by the previous speaker was that yes indeed between 1992 and 2004 it had taken a long time for both the former National Government and the previous Labour Government to advance aquaculture. 
It is significant that this agreement provides a real opportunity for those iwi who are affected namely the iwi at the top of the South Island Ngai Tahu and Hauraki to be involved in aquaculture. I am absolutely excited as the electorate MP for Hauraki-Waikato that this agreement has been reached because I know that the people of Hauraki want to make a real contribution to the economic and social development of their people in that region. 
Tikapa Moana is referred to as a kapata kai: a place where we gather food. It has long been a place where there has been immense opportunity for aquaculture activities and fishing activities to exist. In fact the last time that significant investment in Hauraki occurred to advance aquaculture was in the 1980s when Labour was in Government. Koro Wetere was the then Minister of Maori Affairs. Under the Maori Authorities New Alliance and Maccess schemes the opportunity was afforded to people in Hauraki to be able to start mussel farming. That enabled people iwi and mana whenua in the Hauraki area to get involved in mussel farming to create employment opportunities and to lift the aspirations of that community in terms of creating employment for their own people and looking towards the future. This measure certainly builds on that vision which has been around in Hauraki for a long time. 
I acknowledge the member for Te Tai Tonga who rightly points to the opportunities in aquaculture. The people in the top of the South Island also see a huge potential to create more employment for Maori in this industry—in fin-fish farming and mussel farming as well as in all manner of other things. 
I will make the point relating to Hauraki in particular—because it differs somewhat from the point made by the previous speaker—that the issue around designating space was really an issue that was stuck at the regional council level. Some space in Tikapa Moana can still be set aside for aquaculture purposes. I congratulate the Minister of Fisheries the Hon Phil Heatley who has recently over the last 3 months designated some new space in Tikapa Moana. That is a good thing and it will enable future opportunities for aquaculture in that area. There will continue to be small pockets of aquaculture space in the Hauraki Gulf that could be designated and where Maori will see the potential benefit of securing their interests in further developing this industry. 
We know that aquaculture is a growing and thriving industry. Sector interests in this area have all said that with a little support a lot of investment and a great deal of commitment and collaboration much more could happen in the aquaculture space. So I am pleased that this bill is being put forward. It was commenced by the previous Labour Government and continued by a very supportive Minister of Fisheries certainly in respect of advancing this issue and it will create a real opportunity. The figure of $97 million in some respects sounds like a lot of money but at the end of the day the real opportunity is for the reinvestment of that money into the industry in order to create more opportunities and certainly more jobs. I will make a brief comment on the other associated issues to do with fisheries that although they are not directly affected by this bill I think we have to have some concern about—that is the progression of mataitai and tai-a-pure certainly in harbour areas and where Maori have an interest. We have to get a balance between commercial fishing customary fishing and recreational fishing. Now that Maori are continuing to be an ever-growing presence in the commercial sector we have to counterbalance that with the sustainability issues with ensuring that customary rights are being protected and with recreational fishing rights. I suspect that the Minister of Fisheries will need to apply his mind to that issue on the horizon so that we continue to get the balance right between those interests in this industry. 
It is my pleasure to be able to congratulate those iwi who have acted collaboratively to be able to advance this particular agreement with the Crown. Those iwi are Hauraki Ngati Apa ki Te Ra To Ngati Koata Ngati Kuia Ngati Rarua Ngai Tahu Ngati Tama Ngati Toa Rangitane and Te Atiawa ki Te Tau Ihu. They have worked long and hard to ensure that the sum of $97 million that has been reached is reflective of what they view as a fair settlement. Albeit perhaps in some respects it is not enough they got to the point where they said yes it represents a fair value for the pre-commencement space. And I think that is a good sign; people are willing to move forward. I also pay respects to Michael Cullen. As I said this particular agreement builds on the agreement in principle that Michael Cullen had reached with these iwi to ensure that there was some movement in this space. This was carried on by Phil Heatley as Minister of Fisheries certainly with the support of his Prime Minister in terms of this space. 
On the horizon we can say the future looks bright indeed both for Maori commercial fishers and fishers at large. I just hope that the balance of interests needed to ensure that we have activity that guarantees sustainable fishing within New Zealand waters is one that is held in front of everybody’s vested interest because I think that is very important whether one is Maori Pakeha or otherwise. We have to try to meet the challenge of retaining the balance between both the environment and the sustainability of our fisheries resource and the economic opportunity and the social benefits of people being engaged in the industry as we go forward. 
This is a good opportunity to do a bit of back-patting on both sides of the House but more important it is a great opportunity to congratulate those iwi who have seen fit to continue their interests in the aquaculture space. I commend the bill to the House. I look forward to the select committee submission process and perhaps what might come out of that and I certainly endorse the opportunity of Hauraki in particular to play an active role in the development of aquaculture in their area. Kia ora koutou. 
Hon TAU HENARE (National) 
 This bill the Maori Commercial Aquaculture Claims Settlement (Regional Agreements) Amendment Bill amends the Maori Commercial Aquaculture Claims Settlement Act 2004. It establishes the Crown’s obligation to deliver a settlement equivalent to 20 percent of the aquaculture space that was approved between September 1992 and December 2004 prior to the Act coming into force. The settlement includes a cash payment of $97 million. I commend this bill to the House. 
Hon MITA RIRINUI (Labour) 
 That was a very short call; it somewhat caught me by surprise. I thank the Hon Tau Henare for his very brief contribution to the Maori Commercial Aquaculture Claims Settlement (Regional Agreements) Amendment Bill. It goes without saying that we on this side of the House support the bill and I take the opportunity to thank the Minister of Fisheries for having the courage to run with this bill. I know that during the early discussions in 2008 and prior to that he expressed a number of concerns in terms of the time it was taking to resolve this particular matter. It is very helpful when a Minister who has a bit of understanding of the history of these issues comes into the House. I am sure he will be aware that the former Labour Government plucked this very difficult matter out of the too-hard basket from the previous National Government and it is to be acknowledged that it was a very very difficult matter to deal with. I am making these points clear for the benefit of the member for Te Tai Tonga who does not appear to have a very in-depth understanding of the history behind this matter although she has strong links to iwi at the top of the South Island. 
As I said I stand to endorse the comments made by previous speakers. I should also say that aquaculture is a very very important but volatile industry. Maori have been attempting to be major players in aquaculture for some time since the matter around Maori interests in the fisheries was raised under the fourth Labour Government also through the 1990s under a National Government then during the term of the previous Labour Government. As I say it is an important industry for Maori because whilst acknowledging the importance of this particular bill to the iwi of Hauraki and the iwi of the South Island—and they have been identified by my colleague the Hon Nanaia Mahuta—it is also important to acknowledge the contributions that other iwi are making in the area of aquaculture and also the difficulties they are having to deal with. My particular area of interest is of course Te Moana-a-Toi that is the Bay of Plenty coastline from mai i nga Kuri a Wharei ki Tihirau at the bottom of the Hauraki Gulf to Cape Runaway where vast areas of ocean have been identified for potential aquaculture. The House will be aware of moves made by iwi of Te Moana-a-Toi particularly Whakatohea during the 1990s and also up until very recently who have attempted to raise capital to develop an area that has been approved for aquaculture. 
Having said that I say it is also important to make clear that many of the issues that Maori are dealing with in the area of aquaculture are to do with investment. Although the top of the South Island and Hauraki have been compensated for disadvantages imposed on them through previous decisions iwi in the Bay of Plenty particularly the ones I have identified and those of Te Arawa and those of Mataatua are still at a stage where they have yet to encourage investment in their proposals. I would be interested to hear the views of the member for Waiariki about what options are available to those iwi in terms of their commercial interest in aquaculture because I am aware he has had discussions with them and I have had discussions with them previously over a number of years but still the issue around investment to assist them in aquaculture development remains a very very elusive one for them. 
Although we are talking about the benefits of this particular legislation for those iwi identified there is also the issue around overall Maori development in aquaculture. I would be very interested to hear from Government members how they propose to deal with these matters in the near future. I am sure the Minister for Treaty of Waitangi Negotiations has some ideas about how Treaty settlements can be shaped to encourage also the development of Maori interests in aquaculture. I am aware that many Maori are now speaking about innovative settlement packages that not only might allow their entry into the industry but also might accelerate their entry so that they are at the same level as many of the big companies that are currently involved in all forms of aquaculture including mussel farming crayfish farming land-based paua farming and so forth. 
Although Maori have been involved in the development of the aquaculture industry for some time it would be fair to say that there is still some distance to go before Maori become serious players. Hauraki of course have been in aquaculture and mussel farming for well over a decade as far as I am aware and are looking to branch out into other areas. At the top of the South Island Marlborough Sounds is another good example of Maori investment in aquaculture. So it is important that we acknowledge the benefit of this particular legislation to the iwi of the South Island and Hauraki and I am hoping the Government is also looking wider at the difficulties being incurred in other parts of the country where Maori are hoping to invest in aquaculture. 
It goes without saying that members on this side of the House are in support of this bill. I would be very interested however to listen to the submissions that come to the select committee and at this stage it is not clear which committee this bill will go to. I assume that it will naturally go to the Primary Production Committee although the Maori Affairs Committee would be champing at the bit to get the opportunity to take responsibility for this bill. Of course it is a decision for the Minister. 
I do not have a lot more to contribute to the debate on the bill except to say that it will be very interesting to hear from submitters because that is the time when one will get an insight into the difficulties Maori have faced over a number of years in aquaculture and submitters also have good advice around Government policy. This bill is the result of a visit from the iwi that were mentioned and the request to deal with this settlement at an early stage. That is why we have this bill before us. I congratulate the representatives of those iwi and also congratulate the previous Minister of Finance who was also the previous Minister for Treaty of Waitangi Negotiations. He saw an opportunity to drive the settlement forward even though it had been difficult. At this stage we would like to see the current Minister remain supportive of the bill and I do not see any reason why it should not be so and that all the iwi concerned have the opportunity to make submissions to the select committee. Thank you. 
Bill read a first time. 
Hon PHIL HEATLEY (Minister of Fisheries) 
 I move  
That the Maori Commercial Aquaculture Claims Settlement (Regional Agreements) Amendment Bill be considered by the Maori Affairs Committee 
 that the committee report to the House on or before 30 September 2009 and that the committee have the authority to meet at any time while the House is sitting except during oral questions during any evening on a day on which there has been a sitting of the House and on a Friday in a week in which there has been a sitting of the House despite Standing Orders 187 and 190(1)(b) and (c). 
Motion agreed to.