Maori Commercial Aquaculture Claims Settlement (Regional Agreements) Amendment Bill — Third Reading 
Text is incorporated into the Bound Volume 
Maori Commercial Aquaculture Claims Settlement (Regional Agreements) Amendment Bill — Third Reading 
[Sitting date: 24 March 2010. Volume:661;Page:9782. Text is incorporated into the Bound Volume.] 
Maori Commercial Aquaculture Claims Settlement (Regional Agreements) Amendment Bill 
Third Reading 
Hon Dr NICK SMITH (Minister for the Environment) 
 on behalf of the  
Minister of Fisheries 
: I move  
That the Maori Commercial Aquaculture Claims Settlement (Regional Agreements) Amendment Bill be now read a third time 
. This bill gives effect to a deed of settlement signed on 6 May last year between the Crown and Te Tau Ihu iwi and Ngai Tahu of the South Island and the Hauraki tribes of the Coromandel for an early settlement of the Crown’s pre-commencement aquaculture space obligations in those regions. The settlement is for $97 million and will meet the vast majority of the Crown’s pre-commencement space obligations. It takes into account the most productive waters for aquaculture in the country covering the Hauraki Gulf the Marlborough Sounds Tasman Bay and the remainder of the South Island. These waters have been a food basket for tangata whenua for about a thousand years and are now a food basket for not just our country but the world. 
The Crown made an undertaking to settle its obligations to Maori in the aquaculture sector as part of the aquaculture settlement. However it is a disappointment that the combination of the moratorium and the subsequent aquaculture legislation made it too difficult to provide the new space that was promised to Maori and the difficulties that there were in trying to buy existing marine farming space proved that to be an ineffective way of providing iwi with space. Thus we have the deed and the agreement that have led to this bill. It was quickly obvious that it would not be practical for the Crown to settle its obligations under the aquaculture settlement Act by providing marine farm space. The deed of settlement in this bill overcomes those difficulties. Agreeing to the deed of settlement and developing this bill have required a great deal of collaboration and hard work both by Crown officials and iwi and it is as a result of innovative thinking and a desire from both sides to reach a quick and fair settlement that we have been able to get to this point. The fact that the settlement spans more than half of New Zealand’s coastal area and well over 90 percent of the aquaculture sector is testament to that achievement. 
The deed of settlement and the bill have both received overwhelming support from iwi and from local government as well as from the aquaculture and seafood industry. The process leading to the establishment of the deed of settlement in this bill is a model of how Treaty partners should work together as one—frankly not only between the Crown and iwi but also between iwi themselves. It is quite an achievement that all iwi of the South Island were able to set aside old differences and come together to reach an agreement for the entire South Island. This is the first time that this has been achieved and as an MP who represents the upper part of the South Island I give my congratulations and my thanks and I pay my respects to both Te Tau Ihu iwi and Ngai Tahu for making this happen. It is an example of what can be achieved with leadership with flexibility with pragmatism and with a willingness to settle past grievances and work together for a brighter future. Most important it is an example of what can be achieved with good faith and a determination from both sides to reach a settlement. 
The process started with a genuine interest in negotiating an early regional settlement that was outside the scope of the existing settlement legislation. The request was met with a desire from the Crown to work together to find an early settlement so that iwi the Crown and the aquaculture industry could move on with finality and also with security. The proposal from iwi in partnership with the Crown for an early regional settlement was innovative. The agreement of the parties to extend the negotiations beyond the realm of the South Island so as to include the Hauraki tribes of the Coromandel area was unprecedented. This demonstrated a spirit of cooperation. Allowing the Hauraki tribes to come on board and join in the negotiations established an agreement that covers almost the country’s entire aquaculture sector. Rather than having fragmented settlements all parties united as one for an efficient and expedient settlement. 
Developing a way to agree on a fair value for that marine farming space is a considerable achievement. It has never been done before on this scale. Determining a value for marine space is very challenging. It required a lot of hard work from iwi leaders from negotiators from Crown officials and also from expert consultants. Developing a way to allocate the settlement among the large number of iwi who are here today required hard work and commitment from Te Ohu Kaimoana and from iwi leaders. It is historic that so many iwi would come together to agree on a settlement like this. To finalise the settlement so expediently and on such a large scale is an achievement that we have not seen before and I hope that we will see it again. 
The bill also paves the way for the remaining iwi outside the South Island and the Coromandel region to enter into agreements with the Crown for an early settlement within their rohe. This is a strong point of the bill that I want to stress to try to ensure progress. The bill will not only give effect to the deed of settlement between the Crown and iwi of the South Island and the Coromandel but will give effect to future agreements the Crown may enter into with the remaining iwi. This positive aspect of the bill will be felt throughout the entire country. In fact it is already being felt. Officials have already engaged with iwi of the Bay of Plenty the Chatham Islands and other regions about an early aquaculture settlement in those regions. I also note that the iwi of the South Island and Hauraki have been willing to lend their support in helping the remaining iwi to come to similar settlements in their particular rohe and I want to publicly express the sincere thanks of the Government for that ongoing support. 
 There are many people to thank for their hard work and vision in getting to the point of the third reading of this bill today. I particularly acknowledge the foresight of the Te Tau Ihu fisheries forum and its chair Richard Bradley in initiating the opportunity for an early settlement. I also acknowledge the contribution of other iwi leaders from Ngai Tahu and from Hauraki whanui. I thank former Ministers the Hon Parekura Horomia and the Hon Jim Anderton for their work in seeing the potential to negotiate an early financial settlement across these areas and for starting the negotiating process. This was later progressed by current Ministers and the honourable Phil Heatley who have worked to pick this process up and carry it through to completion. I also thank the Crown negotiating team of Peter Murray and Nicholas Manukau from the Ministry of Fisheries as well as acknowledging the work of consulting firm LECG and Bob Roche of Greenwood Roche Chisnall. I acknowledge the work of Te Ohu Kaimoana particularly the work of Archie Taiaroa Peter Douglas and Laws Lawson who together with the chief iwi legal adviser Justine Inns provided support to iwi throughout the negotiating process and assisted iwi to reach agreement on how they wish to share the settlement assets between them. This was no easy task and I commend them for their efforts. 
I also thank the Maori Affairs Committee and its chair the Hon Tau Henare for their efforts and for the efficient manner in which this bill progressed through the select committee. With the support of iwi the committee made two very useful technical amendments that have strengthened the bill and have proved its effectiveness in application. I acknowledge the comments made by the Hon Tau Henare during the second reading when he said this was one of the first bills that he had seen go before that committee without there being even a hint of dissent from anyone around the table. I congratulate all members of the select committee on a job that was well done. 
In conclusion I say this settlement agreement provides something of a pathway firstly to developing long-term aquaculture legislation that will enable the industry to grow. For both Maori and Pakeha New Zealanders there have been lost opportunities over the last decade and there is important work for this Government and this Parliament to do so that we may all pick up on the opportunities of the industry. I also note in closing that this Parliament has before it the very challenging issue of the foreshore and seabed legislation. Again I say if the good spirit and the way in which this tricky issue has been dealt with can flow into addressing that challenge then New Zealand will be the winner. I commend this bill to the House. 
Hon SHANE JONES (Labour) 
: 
 A kia ora ano tatou e te iwi e whai taringa mai ki a tatou i tenei ahiahi mo te wahanga whakamutunga mo tenei pire e pa ana ki te pamu mataitai; me te mihi atu hoki ki te Ohu Kaimoana na ratou tenei kaupapa i poipoi i to ratou wa a tutuki noa penei i a tatou e matakitaki i tenei ra. Nga mihi noki ki te Minita tawhito a Piripi Heatley e noho mai ra a me tenei matamua o matou i te reanga Maori o te Ropu Reipa a Parekura. Na reira kia tau nga mihi nunui ki a ratou katoa. 
[ 
Greetings once again to the people listening in this afternoon to the third and concluding reading for this Maori Commercial Aquaculture Claims Settlement (Regional Agreements) Amendment Bill; acknowledgments must go to Aotearoa Fisheries Ltd which kneaded this strategy about in its gestation to its conclusion that we are witnessing here today. I would like to acknowledge the role that the former Minister the Hon Phil Heatley sitting over there had in this process; and a senior to us of the Maori caucus in the Labour Party the Hon Parekura Horomia; the highest accolade upon them all 
.]  
Thank you very much Mr Assistant Speaker Barker for the opportunity to address the Maori Commercial Aquaculture Claims Settlement (Regional Agreements) Amendment Bill. First I join Dr Nick Smith in acknowledging the Treaty of Waitangi Fisheries Commission otherwise known as Te Ohu Kai Moana because in many respects much of the intellectual capital that lies behind the efforts reflected by the iwi as they came forth to derive a solution was undertaken under the leadership of Te Ohu Kai Moana and in particular by the chief executive officer Peter Douglas and the principal analyst Craig Lawson. Not only politics causes these things to move into a state where parliamentarians can reflect the will of the legislature and move it towards Royal assent; creative and very pragmatic people are also needed. Obviously the officials have their task which is at the end of the day to guard Treasury’s purse and they were dragged along into the process as well. In a fit of goodwill let us all acknowledge earlier politicians who made their contributions. 
This bill relates to an important part of the economy from which for a long time successive Governments have sought to generate greater export earnings. I refer to our ability to take coastal space apply to it farming technology within the vicissitudes of climate and weather choose appropriate species and create goods and services out of that enterprise. That is it in a nutshell. We have perfected techniques of farming in our country and aquaculture is an example of very intensive farming. It is not without its critics. 
This bill enables iwi to move into a position where they can stand as a part of the industry. Underlying this legislation is a desire not to perpetuate ongoing iwi wrangles or to have Maori standing aloof from the industry. It is based on a philosophy that the way to resolve historical grievances related to property rights etc. for iwi in resources is to turn them into contributors of value and developers of the resource and to give them a platform where their fortunes do not come from collecting lazy rent but from taking a risk along with their fellow New Zealanders by investing time and energy managing risks collecting capital and joining the race to create export-led wealth. That is what this bill is really about. This is a sensible bill because it prevents ongoing wrangling amongst our people—and by that I refer to our Maori iwi. We have been blighted in the seafood environment by far too much internal Maori strife. Dr Nick Smith was correct in isolating this as an example where people have been forced to acknowledge whether they came willingly or as a consequence of exhaustion that the only way that they would develop wealth in this industry was to park personality ancestral historical and geographical disputes and to commit to an industry. 
There are other ways to do this. For example there could have been a model where Maori would have received as the putative owners of the seabed and foreshore—whoever that class of Maori might be—some sort of royalty or rent. I am not in the school of thought that any Maori should be able to become a complacent observer and a recipient of rent. I think that Maori as a consequence of the Treaty settlement process ought not to do anything other than commit to the industry that they now find their rights based in. These historical rights were of place of a food-gathering variety but they were not static; they were organic. As circumstances facing Maori after the Treaty changed they have had to move in such a way that their entitlement has reflected societal limits tolerance and ambitions through our medium of politics to give institutional expression to these ancestral interests. 
This is a very important point: there can be no long-term joy from a Maori commercial aquaculture settlement unless revenue wealth and jobs flow from people’s being active participants in that industry. In that sense this bill is as much about economic development as it is about lawyers arguing the extent nature and character of an ancient right embedded in the seabed and foreshore. I think that anyone looking forward to deriving a solution for the seabed and foreshore must always remember that this issue came as a consequence of people feeling that they had been blocked from the marine farming industry. That issue went through a circuitous route and there was litigation at various points in the judiciary. As the then chair of the Treaty of Waitangi Fisheries Commission I can assure members that no one was more surprised than me when Sian Elias delivered her judgment. In fact that particular body of work was at one time referred to by us as the “Lost in Space” project. However the space that we sought was coastal space and we were blocked. That is why we funded the litigants in this legislation to the tune of several million dollars. But it was never originally about recovering the title to the seabed and foreshore; it was actually about marine farming. Marine farming is what this bill provides an avenue for. 
Of course there is no way that the bill would have been a success unless it foresaw future problems. I isolated such an area last night concerning ensuring that political difficulties within the communities of interest do not spill over and impede economic development. I give full marks to the chair and the members of the Maori Affairs Committee in particular the Maori members who were being lobbied I should imagine by various participants and advocates in this process. Although we describe this legislation as innovative the real innovation has to come from the skills and imagination that we bring to the industry of aquaculture. As a consequence of the Minister for the Environment saying that he has other reform work I look forward to being able to take those areas that were historically used for growing shellfish and start growing other species of fish there. We should ensure that our future developments are driven by what the markets overseas will absorb. The key to making a long-term success of this industry is identifying where the burgeoning markets are where their ability to pay is what they want to purchase and whether we can now grow that type of resource to satisfy the changing markets. 
I say to Dr Smith that from this side of the House there will be a great deal of enthusiasm in seeing what innovations he and his Government are prepared to bring forward so that this area grows as markets change and so it is not condemned to grow just Pacific oysters or mussels—or in some cases salmon. Now that this potential blockage is out of the way it is important that all of us who regard this as a key natural resource capable of being used to generate export earnings allow other types of economic activity with other species of fish etc. to occupy those areas so that we are not growing produce or causing Maori to be locked in an industry that is based on a historical appreciation of what New Zealand can generate as opposed to what markets want. I think if that flavour is injected and that sort of vision is borne by the stewards of this settlement on the Maori side then the aquaculture industry will be a lot richer. Thank you very much. 
PHIL HEATLEY (National—Whangarei) 
: 
 E nga waka e nga mana e nga reo tena koutou katoa. I acknowledge the South Island iwi and the Coromandel-Hauraki iwi involved in the process of bringing this legislation to the House. The previous Government did an awful lot of work with them looking for a unique solution to address a settlement that needed to happen with regard to the aquaculture space that had been claimed by mainstream marine farmers in this country for a number of decades. The previous Government did a lot of work. Our Government team carried on that work but we could not have done it without the cooperation and smart thinking of South Island iwi and Coromandel-Hauraki iwi so I acknowledge them. 
It was somewhat of a highlight in my career as Minister of Fisheries to be at Te Papa for the signing ceremony with the Prime Minister where we all gathered and celebrated a unique settlement a settlement that meant cooperation and finding a unique solution. It was a delight for me to be there because it was the first time that I had ever signed a settlement. It was a joy and I cannot say much more about it than that. 
The reason it was necessary to come up with this legislation and with it a financial settlement of a sum of $97 million - plus—a whole lot—is that when the original aquaculture reforms were passed under the previous Government in late 2004 in time for the beginning of the 2005 year it was decided that Maori would receive two things. The first was 20 percent of historical space—that is 20 percent of the space already farmed for aquaculture prior to 1992—and the second was 20 percent of all future space that would come on stream. The figure of 20 percent was chosen presumably to reflect the 1992 fisheries settlement that had been passed whereby 20 percent of quota would go into Maori hands when fish stocks were brought into the quota management system. The difficulty was that the 20 percent of space already farmed pre-1992 was to be gained by getting space that would be farmed in this country in the future or by purchasing sums of the space that was being farmed contemporarily. Unfortunately no new space has come on stream since the legislation was passed. Because no new space has come on stream there has been no ability to uplift some of it and pass it to Maori as part of the settlement. There was an option to hand over a cash equivalent. However that could not occur before 2012-13 under the 2004 settlement legislation. 
Many members will know these details and I am speaking broadly because there is a fair bit more to it than that but generally speaking that was the case. Maori had the smarts to approach the Government and say that they appreciated the fact that no new aquaculture space was being generated or was coming on stream and that they wanted to look at the option of having a cash settlement instead whereby they could take that payment and do with it as they wished. It might be to invest in the fishery in aquaculture or in something else but they would be free to do that. The Government of the day decided that that was a very good idea and I congratulate it on that work. This legislation where that amount of money those good wishes and the right to take the settlement will happen is being passed today and we are celebrating it. We are pleased about that. 
However this represents only about 92 percent of the debt owed to Maori under the 2004 settlement. About 8 percent of space still needs to be settled upon either with space or with a cash settlement and we send our good wishes to those iwi involved in that process. We hope that progress can be made in that process in light of the progress that is being made here today. 
I acknowledge one group that very rarely gets acknowledgment in the fisheries sector—I do not know why that it is—and that is Te Ohu Kai Moana and its team. Those people have done a tremendous amount of work over the last 5 or 6 years which is when I have been particularly involved in fisheries and I have seen it. They have gathered together whanau hapu and iwi across the country and have worked to establish which iwi are mandated iwi organisations with regard to both the fisheries settlement and the aquaculture settlement. They have worked tirelessly to bridge arguments over boundary issues and other aspects. Those are not easy problems to work with at all. I am sure that the Te Ohu Kai Moana team does not claim always to have got it right or to have necessarily done it the right way but those people are still in there and are still working tirelessly. The same characters are still involved after many many years. Given the bruising that some of them have been through I think it is important that we acknowledge their work. 
The important thing today though is to move on. I think there is the will in this House and across parties whether it be Labour National the Green Party the ACT Party and all others—with the Maori Party included of course—to see that aquaculture progresses in New Zealand because it has not done so for many many years until this point. All of us want to see it progress. We want to see the rules unbundled and to have some sort of streamlined process whereby marine farmers can get on with producing marine farm products on the space that they already farm in a much better way and to get on with producing marine farm products on new space in large and sensible areas. We want them to continue to do that respecting those who are concerned about the environment respecting the rights of those who currently fish recreationally commercially or customarily and respecting the rights of other New Zealanders to use the water. We want to set marine farmers free to better farm the space they already have and to farm new space as well. 
I congratulate those who have put the final touches on this legislation and I thank them. I commend the process to the House and to my parliamentary colleagues and I ask them to show a dogged determination to support more reforms that will come through to set marine farmers free to farm fish responsibly. No reira tena koutou tena koutou tena koutou katoa. 
Hon JIM ANDERTON (Leader—Progressive) 
: 
 Under the Maori Commercial Aquaculture Claims Settlement Act 2004 Maori were promised two specific commitments by 2014. The first was 20 percent of all new space from 1 January 2005. The second was the equivalent of 20 percent of pre-commencement space—that is aquacultural space—that would be approved between 1992 and 2005. As Minister of Fisheries from 2005 to 2008 I commenced a review of how the Crown could settle its pre-commencement space obligations to Maori as required under the settlement Act. The Ministry of Fisheries prepared a consultation document which was released to iwi beneficiaries and the review addressed the progress of the settlement to date. More important it provided a plan of how the Crown intended to implement and fulfil its pre-commencement space obligations under the settlement. 
It was clear that just about everyone could see that the Crown would not be able to deliver space by 2014. Maori were not separate from the group who saw that very clearly and many of them were of a mind to try to settle so that they could move on with development areas both in aquaculture and elsewhere that would enable them to fulfil their obligations to the members of their own iwi and hapu. 
The agreement encompassed in the Maori Commercial Aquaculture Claims Settlement (Regional Agreements) Amendment Bill today signals the commitment of Governments—both the previous Labour-Progressive Government which commenced this process and the current Government which has continued it and deserves congratulations on that—to ensure that aquaculture in New Zealand and the current completion of Treaty settlements can continue to make progress both in general terms and in particular cases. 
As the then Minister of Fisheries I sent an invitation to iwi requesting a proposal for an early settlement of the Crown’s pre-commencement space obligations. That invitation was issued after listening to iwi who wanted me to consider a regional settlement. Iwi responded in kind to that invitation and have worked tirelessly—and they deserve our congratulations and our thanks for that—together with officials from the Ministry of Fisheries who also remain remarkably unacclaimed by the country in general and who deserve our thanks as well. Together they worked to produce the agreement that is embodied in this bill. 
The agreement and subsequently this bill mirror both the desires of iwi for the settlement and the direction of the Crown’s plan to settle Maori aquaculture issues. The agreement that is in this bill provides for a payment of around $97 million for a full and final settlement of the Crown’s current pre-commencement space obligations in the Coromandel and the whole of the South Island. This agreement has been possible only because many iwi have found a way to work constructively together to reach a settlement both with the Crown and with each other. All those in industry and Government who participated in this agreement and the bill that has resulted deserve our thanks and our congratulations on the way in which they have worked. The ability of all parties to reach a significant milestone in such a short time is testament to the commitment that has been shown by all involved. It would have seemed almost “mission impossible” just 2 or 3 years ago to think that today we could be putting this bill through the House. 
The agreement and the bill mark an important stage of the Maori aquacultural settlement and it covers most of New Zealand’s highest-value aquaculture development including the Hauraki Gulf the Marlborough Sounds and the Tasman regions as well as the rest of the South Island. The bill reflects the goodwill that has been shown by both the previous Government and the current Government and by iwi to work together to settle a Treaty claim and bring certainty to all parties. The iwi representatives and their officials in Te Ohu Kai Moana should be commended for their contribution to this settlement. The early settlement will assist iwi and the aquaculture sector in their future endeavours to grow the aquaculture industry which in my view and in the view of many others is an important element of New Zealand’s future growth and progress. 
Aquaculture is of course a growth industry. It has great potential for employment and investment opportunities for Maori and I am sure I am joined by all my colleagues in this Parliament in wishing them well in their endeavours. 
Hon TAU HENARE (National) 
: 
 Mea tuatahi anei taku mihi ki a koutou nga morehu o nga aitua i te Tau Ihu o te Waka i Ngai Tahu i Hauraki. 
[ 
The first thing for me to do is acknowledge you the survivors of calamity from Te Tau Ihu o te Waka Ngai Tahu and Hauraki 
.] 
I will take a couple of minutes to look at the Maori Commercial Aquaculture Claims Settlement (Regional Agreements) Amendment Bill in my own particular way. Going back to front as some people accuse me of doing every so often I say that this agreement between the Crown and iwi is the result of some detailed background work over a very long period by among other people Te Ohu Kaimoana Te Tau Ihu and Hauraki and also by industry people to put together and develop a viable model for various types of aquaculture and enterprise. This was developed to assist iwi to understand the business of aquaculture so that they would be informed of what might be required whenever there was new space but also so that it could be used to estimate the value of space based on real productivity. There was also a wish by the Crown to develop a generic methodology to value space across New Zealand so as to have that agreed for use in the coming years namely in 2013 and 2014. 
The Government and the Crown recognised that there would be no substantive new space because of the moratorium that had been placed upon the industry. The Crown invited iwi to put a proposal to it. All those in the South Island including Te Tau Ihu Ngai Tahu and among other people Hauraki agreed to work together and with Te Ohu Kaimoana to put the proposal to the Government. The Government applied this methodology then engaged with Te Ohu Kaimoana and iwi advisers on the assumptions and parameters of a deal. Te Ohu Kaimoana and iwi advisers compiled a robust—I must say a very robust—proposal based on the range of methods to ensure some pragmatic answers that made sense as a whole and were internally consistent and were also meant for allocation purposes among tribes without contest between each other. That is the big tick in this whole process because for years and years and years whenever there has been anything to do with paua crayfish or whatever fish live in the ocean there has always been an element of to-ing and fro-ing backwards and forth from the court trying to get the court to decide via litigation. 
I take my hat off not so much to the Government but to the people out there who were put behind the eight ball by the moratorium first and foremost. That stopped any development or any iwi or other people in the industry—non-iwi or non-Maori—from working through an industry that I think holds the key to one part of this country’s economic development. I want to put that out there now. I congratulate Ngai Tahu Te Tau Ihu Hauraki and Te Ohu Kaimoana on their job of coming up with a robust proposal. I also congratulate the Crown on accepting that in a way there had to be a resolution and a pathway where people could move on and also use that process for the development of the industry. When we look as far back as 1990 and the Sealord deal we see that this settlement between iwi and the Crown heralds a new era of cooperation particularly when it comes to what is in the water. The cooperation I talk about is not only between iwi and the Crown but also between iwi and iwi and between iwi and organisations like Te Ohu Kaimoana. I have to say that even I have railed against certain issues over what seems like forever. 
I take my hat off to the previous Minister of Fisheries because I think he did a sterling job in trying to bring this settlement to fruition. I congratulate my colleagues on the Maori Affairs Committee whom I also think did a sterling job and a very very quick job. When we were faced with the submissions we had no questions or worries and we felt that it was our duty to return the settlement bill to the House as soon as possible. There are unlimited opportunities here for Maori and for the nation. If there is one thing the world needs now—and it is not love because there is plenty of that going around—it is food. Food will be the gold standard in years to come. If there is one thing we as a nation do very very well it is produce food and sustenance that the world is after and the world will be after. Again I take my hat off to the business people and the iwi who are on the cusp of not only their own economic development but also this nation’s economic development. They are feeding the world after they have fed the home people. 
Finally I want to say that without this settlement if it had not been signed off the industry itself would have been in a terrible way. I do not think we would have been able to secure the opportunities to come that I think are just around the corner. It behoves the Government also to work extremely hard on developing that industry and making sure that there is a level playing field for everybody and that the conditions are right so we can take our opportunities around the world. All we have to do is look at two big nations China and India where there are three billion-odd people who need to be fed. I know they cannot do it themselves. With the help of many iwi and businesses around this country I think we will take our fair share of the business opportunities around the world. No reira nga matua nga kaumatua nga kuia ano te miharo ki a koutou katoa. No reira tena koutou tena koutou katoa. 
RAHUI KATENE (Maori Party—Te Tai Tonga) 
: 
 I come to this third reading of the Maori Commercial Aquaculture Claims Settlement (Regional Agreements) Amendment Bill with a great deal of joy—in fact almost as much joy as I have in biting into a succulent Bluff oyster or ripping apart a delicious green-lipped mussel from outside Catherine Cove for such form the focus of this bill. It is the same joy that takes me back to 6 June 2009 when the Prime Minister the Minister of Fisheries and the Minister of Maori Affairs Pita Sharples signed a deed of settlement with the iwi of Te Tau Ihu Kai Tahu and the iwi of the Hauraki. 
It is the same joy we experienced in December 2004 when the Maori Commercial Aquaculture Claims Settlement Act was passed. For those who may have missed the detail the 2004 Act provided for a full and final settlement of Maori commercial aquaculture interests from 21 September 1992. It opened up the opportunity for the marine farming industry to continue to grow while at the same time ensuring iwi access to coastal marine space to develop their marine farming issues. As a direct descendant of Ngati Koata Ngati Toa Ngati Kuia and Kai Tahu I remember the terms of that Act in lucid detail. The 2004 Act committed the Crown to provide the equivalent of the 20 percent of existing aquaculture space in the coastal marine area that was issued on or after 21 September 1992. Importantly the legislation also required 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 2004 Act was one of great promise. Maori enterprises were well placed to capitalise on growth in the fisheries and aquaculture industries and they could see considerable potential for contributing to the export markets in the fishing sector. The Act signalled new horizons that would see increased utilisation of the Maori asset base in economic and social development. There was a call for investment to support potential Maori aquaculture interests including innovative research and development. However it was a horizon that we would wait some time to see. 
Indeed in the years that have passed by since the 2004 Act we have seen as much progress as one would see standing on a bank of the Orari River waiting to spot eels hiding beneath the rocks of the riverbed. We waited and waited and waited and still the tuna never appeared because the trick as any good eeler from Arowhenua Marae would tell us is that the tuna will never come all on their own. One needs to get into the water shift a few rocks to flush them out and be prepared to act and that is what we have seen happening with this Maori Commercial Aquaculture Claims Settlement (Regional Agreements) Amendment Bill. 
When the Maori Party came into the relationship agreement with the Government we inherited a space in which we were well aware that aquaculture policy had stagnated under the previous Government. In particular the costs delays and uncertainties inherent with the aquaculture regulatory process were simply unsustainable. Quite simply the previous Government’s aquaculture reforms did not work with no new marine farming space being populated since 2004 and with little prospect of some being opened up in the future—in fact there have been 9 long years of more inaction I tell Mr Hawkins which is far worse than not being at a select committee hearing. 
 The amendment to the Maori Commercial Aquaculture Claims Settlement Act 2004 that we are welcoming today provides the Crown with an additional option for complying with its aquaculture pre-commencement space obligation. In particular this bill incorporates into the Act provisions that deal with regional agreements. The bill therefore must be seen in the context of the $97 million early settlement of the Crown’s pre-commencement space obligations to iwi. The bill gives effect to an agreement between the Crown and the iwi of Te Wai Pounamu and Hauraki for an early settlement in the pre-commencement space obligation in these regions. The Crown is demonstrating a genuine commitment to fulfil its obligations to iwi albeit in a limited way given that there is a general consensus that very little space is available for new aquaculture—mainly mussel farming—developments. 
The Maori Party has advocated urgent progress to ensure that iwi will get full value from settlements so in this regard we welcome the intention from the Crown to make up for lost time and previous efforts. Most important of all we welcome the proactive movement of the people. Today I stand in this House to commend nga iwi o Te Wai Pounamu me Hauraki a conglomerate of Ngati Apa ki Te Ra To Ngati Koata Ngati Rarua Ngati Kuia Ngati Tama ki Te Tau Ihu Ngati Toa Te Atiawa ki Te Tau Ihu Rangitane o Wairau Kai Tahu and the Hauraki Maori Trust Board. 
These iwi have come together motivated by two powerful drivers. Firstly they seek to make the difference in enabling early settlement in respect of Te Wai Pounamu and Hauraki. The bill provides a solution to the limited prospects for generating settlement assets for iwi by 2014. The second effect of the iwi initiative is that it will allow the same scenario to be negotiated in other regions. Iwi who are consulted appear to favour regional agreements seemingly based on the fact that there is no new space. The select committee also spoke enthusiastically about this first agreement as a template and exemplar for other regions. Its report also noted the willingness of Te Wai Pounamu and Hauraki iwi to help other iwi to achieve similar settlements. All of this is very positive; I remind the House that some estimates suggest that there is great potential for aquaculture to be a $1 billion industry by 2025. 
The Maori Party fully endorses the response from the select committee which identified the overwhelming support from iwi and industry for the early pre-commencement space settlement provided for in this bill. There are however some issues inherent in the context of mussel farming that I want just to touch on. Mussel farms of course are an artificial construct and some adverse effects must be taken into account as we develop further such as the debris of mussel shells that litter the seabed floor or the loss of juvenile fish that become entangled in the farms and depleted as prey. We must always weigh up the ecological balance and the arguments around sustainability. In this light I recognise the initiative of Golden Bay Cement which is removing debris from the seabed and recycling it as a form of pure lime. We want to support the aquaculture industry to be an ecologically sustainable one and we welcome any initiatives the industry can bring forward to ensure environmental quality and biodiversity. 
This is a great day to celebrate the initiative that iwi have taken in advancing Maori aquaculture development. I acknowledge the sentiments expressed by Minister Smith in respect of seeing that as something we can build on for the foreshore and seabed negotiations. We hope that those negotiations will go as well as this negotiation has gone. We in the Maori Party fully agree with the select committee that the process undertaken to agree the deed of settlement and this bill is an excellent example of cooperation and collaboration between iwi and between the Crown and iwi. We are delighted to support this bill. Tena tatou katoa. 
Hon MARYAN STREET (Labour) 
: 
 Tena koe Mr Assistant Speaker e nga mema tena koutou katoa. E nga kuia e nga kaumatua o Te Tau Ihu o te Waka o Kai Tahu o te Hauraki Maori Trust Board; tenei te mihi ki a koutou tena koutou tena koutou kia ora koutou katoa. 
[ 
Greetings to you Mr Assistant Speaker and all members. To the elderly womenfolk and menfolk of Te Tau Ihu o te Waka Kai Tahu and the Hauraki Maori Trust Board I extend greetings. Greetings greetings and greetings to you all 
.]  
I too want to pay tribute to those who have finally brought about this settlement and this legislation that enshrines an aquaculture deal. I pay tribute to Te Ohu Kai Moana. I would especially like to mention Peter Douglas the chief executive officer and Sir Archie Taiaroa. I particularly want to mention the iwi of Te Tau Ihu in the area where I am privileged to live. I also acknowledge Kai Tahu and the people the iwi represented by the Hauraki Maori Trust Board. I want to go back into some of the history of the caretakers of this settlement and therefore the caretakers of this legislation and I acknowledge Parekura Horomia Jim Anderton and more recently Phil Heatley. I pay tribute to all those custodians. It is fitting in fact that the legislation and the progress of this settlement have spanned the lifetime of more than one Government. The previous speaker’s comments aside it is fitting that we recognise that Ministers who hold the portfolio of fisheries for however long or short a time do so as guardians and custodians of a resource that must be managed and cared for in a sustainable way. 
I also pay tribute to the Maori Affairs Committee and the chairperson Tau Henare for being a guardian or custodian of this legislation and shepherding it through to its third reading today. All these people who have touched or impacted on or influenced this deal this settlement and this legislation are due credit today. This is the way it seems to me that enduring settlements are arrived at. There is nothing more satisfactory in this House in my experience than giving life to an enduring settlement that works to satisfy the short medium and long-term aspirations of all those who have participated in its development and who have for a long time held to goals ideals and aspirations that this kind of settlement can be achieved. 
The Labour Party supports this legislation of course but we do so for a number of reasons. We support it because it secures a sustainable future for New Zealand’s aquaculture industry. We have heard already from previous speakers that the aquaculture industry currently is worth about $320 million annually but there are aspirations within the industry for that figure to increase to $1 billion per annum by 2025. There is a lot of work to do before that aspiration can be realised but one thing is certain—that aspiration cannot be realised without this legislation and the agreement to which it gives life underpinning it and being there to secure its future. 
This legislation will underpin industry and give it the stability it needs to move forward. Members on this side of the House support it because it gives financial resources to iwi and hapu as promptly as possible and it gives iwi certainty. That certainty is a long way from the tension and conflict arising out of the commercialisation of aquaculture which culminated in a bitter dispute over the foreshore and seabed. What we are achieving in this settlement and in this legislation is a deal of certainty that heads this country in a different direction from the conflict that marked the foreshore and seabed debate. 
That is not to say that there is not further debate to be had over the foreshore and seabed legislation and whatever might finally replace it but it is to the credit of all the participants in this process that an agreement has been reached because such agreements are good for New Zealanders—all of them. Such agreements provide certainty and stability. They provide the chance for development the chance for economic growth and the chance for all to share in the benefits. 
One of the things that I am particularly pleased about which this certainty now provides and underpins are the developments that are already under way in research and development in aquaculture in my home town of Nelson. Currently joint research activities are going on between the Wakatu Incorporation and the Cawthron Institute. These research activities are designed to improve the quality size and proliferation of shellfish within the aquaculture industry. It is a puzzle in Tasman Bay and one that I have not yet got to the bottom of as to why the oysters stop growing at a certain point. They get to a certain size and then they stop growing. The reason is not clear either to scientists or to iwi. I know that Fred Timiha feeds oysters by experiment in his garden. He uses porridge and they grow incredibly fat. I have not enjoyed the pleasure of one of those oysters yet because I think he is still growing them. I think he wants them to become super-size oysters and perhaps he will share the secret with the Cawthron Institute before very long. 
This legislation gives certainty that the investment that is being put in jointly by the Cawthron Institute and the Wakatu Incorporation will develop grow and enhance an industry from which we can all benefit. The Marlborough Sounds Tasman Bay and the Hauraki Gulf are areas that should be secure breeding grounds for this vital and embryonic industry in New Zealand. This industry has nowhere near achieved its potential. It is to the credit of the iwi involved and the various Ministers who have shepherded this legislation through that we have reached the third reading of the bill where we can celebrate a deal of certainty and a vibrant future for the aquaculture industry. 
It is a great pleasure to speak to the bill and I look forward to celebrating the passage of this third reading with the kuia and kaumatua in the public gallery shortly after the passage of the legislation. Kia ora tatou katoa. 
PAUL QUINN (National) 
:  
Tena koutou nga manuhiri nau mai haere mai. Tena koutou katoa. Firstly I join with previous speakers in welcoming the guests in the gallery. I am sure this is a great day for them. They are seeing the passage of the legislation and seeing some finality of a task that they have been pursuing for quite a long time. Other speakers have canvassed pretty well the basis and background to this legislation and the way in which we arrived at this monetary settlement where $97 million will be paid out. 
I join other speakers in acknowledging and paying respects to those who teamed together to bring this solution before the House. I refer to former Ministers who have had responsibility for this arrangement. Some of them have already been mentioned: the Hon Jim Anderson the Hon Parekura Horomia the Hon Phil Heatley and now the Hon Nick Smith who is shepherding this bill through its final stage on behalf of the Hon David Carter the Acting Minister of Fisheries. I record as others have done the outstanding efforts of Te Ohu Kaimoana in working with iwi and the Government to find a practical solution to a challenging problem. 
Also I record my appreciation of the cooperation and camaraderie that exists within the Maori Affairs Committee. I have said on previous occasions that one of the reasons I came to this House and stand in this House was my desire to ensure and accelerate Treaty settlements and I point out to the chief Labour Party whip that I can say that with honesty. 
Like many Maori I became frustrated with the lack of process and the stalling of Treaty settlements. Now each time I stand in this House to speak on a Treaty settlement I do so with pride because it is important that these issues are dealt with and that people can get on with their lives and look to the future. 
I have no doubt that the Maori Affairs Committee understands that point and that is why its members work as one to expedite these bills. Other speakers have alluded to the fact that very little has changed because the select committee quite rightly in my view does not see its job as being to interfere in a pact a contract a deed that has already been worked through over a period of time between the particular iwi and the Crown. 
It is really only in exceptional circumstances that the select committee may inquire a bit further if it believes that it is necessary. In my experience the committee has done that very rarely and that is the way I believe it should be. I am proud to stand and join with others in acknowledging the outstanding work of those involved. 
This settlement is a cash settlement of $97 million and there has been some discussion about the aquaculture industry. The truth of the matter is that the way the money is spent is a decision for the iwi once they receive it. Whether they choose to spend it on aquaculture will of course be for them to decide and them alone. 
The aquaculture industry as we have heard has enormous potential but it is an industry that has stagnated over too long a period. It is my hope and I am sure the hope of my colleagues on this side of the House that we can once again kickstart the industry because it has enormous potential and members have already alluded to that. Hopefully kickstarting the industry and giving it support—already something in the order of $1 million has recently been made available to assist the industry and an economic group I think has been formed to provide guidance to the industry—will encourage the recipients of this package to direct it to the industry but ultimately that will be a decision for them. 
With those concluding remarks I congratulate and acknowledge the iwi present and the recipients of this package and I wish them well. No reira e kui e koro ma tena koutou tena koutou tena koutou katoa. 
[ 
So greetings to you the elderly womenfolk and menfolk greetings to you and greetings to you all 
. 
Hon MITA RIRINUI (Labour) 
: 
 Otira kai te Kaihautu tena koe. A tena tatou i roto i te Whare tena tatou e mea ake nei ki enei o o tatou whanaunga rangatira kua tatu mai roto i te Whare i tenei po; hei ata whakaarohia i nga korero pahupahu aha ranei o nga mema kua tu nei. No reira koutou ra nga rangatira mai i Hauraki mai i Ngai Tahu mai i nga wahi katoa i korerohia nei nga mema i te ahiahi nei; tenei ra te mihi ake ki a koutou ahakoa kua tu whakaiti kua tu whakahihi ano hoki tenei i te mea ra ka nui taku mohio na koutou nei tenei ture i arahi mai mai i tera rau tau tae noa mai ki tenei rau tau me ki ra ka roa koutou e hikoi ana; ka roa koutou e tautohetohe ana e taupatupatu ana a ki tena ki tena ki tena ki nga Kawanatanga katoa mai i taua hikoi i tenei ra na kua tatu mai koutou ki te mutunga ra o taua hikoi. Hoi ano ra ka nui ra te mihi ake ki a koutou. Na ka whai hua ra tenei ture o koutou ka whai hua te motu katoa. No reira tenei na e tu whakaiti e whakamihi ana ki a koutou. 
[ 
Greetings to you Mr Assistant Speaker. Greetings to us in the House and to those who acknowledged these of our illustrious relatives who have arrived here in the House this afternoon to listen carefully to the contributions or mere rhetoric perhaps by members who have taken the call. So to you noble people from Hauraki Ngai Tahu and from all the places that members referred to this afternoon I humbly and proudly acknowledge you knowing full well at the same time that you guided this legislation through its journey from the past century through to the present century. Let us say that you have walked the walk for a long time and debated again and again for a long time with everyone and all Governments during that march; today at the end of your journey you have arrived. Indeed there is much to commend you for. Now should this legislation of yours bear fruit the nation as a whole will benefit. So I stand to humbly acknowledge you. 
] 
I want to start my contribution to this debate in the same way that my colleague the Hon Maryan Street did during her contribution and in the first instance that is by way of acknowledgment. I say that because I think everything pertaining to this settlement and its very very long journey to the House this evening has already been covered many many times over. My contribution is to acknowledge those who have made it happen. 
I want to acknowledge Te Tau Ihu Ngai Tahu Hauraki iwi and all those who participated in the discussions and deliberations all the hui around the country and all the hui with Government representatives be they Ministers members of Parliament or Government officials over a long period of time to ensure that this settlement was done in what I would like to say is a timely manner but I do not think it has been but certainly done in a fair way. As the Hon Tau Henare stated during his contribution to the third reading debate at no time during the discussions at the Maori Affairs Committee was there any sign of any dissension amongst the committee members. That was because the decisions made by and the solutions provided for the previous Government and this Government were provided by the iwi concerned. In other words there was a local solution to a local problem. That local problem and the solution will be of benefit for all of Maoridom. Although I fully understand the benefits for the aquaculture industry from the top of the South Island—in fact the South Island in total and Hauraki—I cannot resist the attempt to boast about the benefits for myself and my whanaunga across the House when it comes to aquaculture development in Te Moana-a-Toi—that is in the rohe of Mataatua Te Arawa and Takitimu. 
So what are those benefits? I heard the honourable member Tau Henare make a slight comment about the effect of the moratorium—was it in 2002—on the aquaculture industry and its development. For many iwi around the country those who were non-participants and had a difficult time in participating in this industry it was a breath of fresh air. In fact the brakes went on and Maori had the opportunity to examine this industry and look at how they could enter the industry and deal with how the issues around water space in particular—and I am sure that this has a lot to do with why this bill has been brought to the House—could be rationalised. I heard the Minister make a contribution on that. I served on the Primary Production Committee during the time of the moratorium and I heard many of the submissions made and to be fair many of them were opposed to the moratorium but at the same time they acknowledged there was a problem in terms of Maori entry into the industry although many parts of the South Island and Hauraki in particular were involved. 
As I said if I resist the attempt to boast about the benefits for my rohe I will touch on a couple of matters that I believe the House needs to be aware of. In terms of Whakatohea for example and its entry into the aquaculture industry with National—they are waiting; they are still on hold—the moratorium gave them the opportunity as an iwi to sit down and discuss ways in which they could maximise the potential or the benefit for the Bay of Plenty iwi. In this case I am speaking about Whakatohea and Te Whanau-a-Apanui and extending right up to perhaps Tauranga Moana with Ngai Te Rangi and Ngati Ranginui and Ngati Pukenga right up to the boundary of Hauraki and Hauraki are here in the House tonight. So when I say there needs to be acknowledgment of the passage of this particular legislation the benefits as well need to be acknowledged. As my colleague the Hon Maryan Street stated a lot of the kudos and acknowledgment rightly needs to be directed to the iwi present in the House this evening. 
During the Maori Affairs Committee deliberations there were as I say no contentious issues amongst the members at the table simply because those who made submissions made it very clear that this has gone on long enough—that the Maori exclusion from this industry has gone on long enough. The outstanding issues around the Maori fisheries settlement from the early 1990s needed to be resolved and the affected iwi themselves needed to provide a proper solution to ensure that Maori could secure water space and they could enter that industry. I recall at the time a presentation by Te Ohu Kai Moana and their contribution to the advancement of this legislation has been acknowledged. I received a paper this afternoon that detailed the nature of the work they were involved in and that was news to me. 
 I need to acknowledge Peter Douglas; the former chair of Te Ohu Kai Moana Trustee Ltd and his team; my colleague the Hon Shane Jones; and other commissioners as well. You see the work they were involved in was basically background work to ensure that Maori had in front of them all the information required to understand the industry. When I read the paper I thought to myself that this was a bit like the way in which we would approach land development—understanding the value of our product and the value the product brings to our land. It is very similar in terms of aquaculture: we understand our product and understand what value that product brings to the water space we have. 
I come from the Bay of Plenty from Te Moana-a-toi. Although I belong to a coastal iwi my background is in agriculture and horticulture. So I understand the value of products and the value those products bring to the value of our land. When I read through the background work that Te Ohu Kaimoana was involved in it reminded me very much of the work that the former Department of Maori Affairs used to do in terms of developing Maori farms and of adding value to Maori land through farming in an appropriate and marketable way. My family are dairy farmers but my family are now looking very closely at Te Moana-a-toi and at the opportunities that will come out of the passage of this legislation. We are looking forward to developing our coastline on Te Moana-a-toi and many are also at the moment in negotiations with local authorities to ensure that that will happen. 
I thank the iwi representatives here in the House this evening. I also once again thank the Acting Minister of Fisheries Dr Nick Smith who has led the bill in its third and final reading. I acknowledge also the speed with which the previous Minister of Fisheries Phil Heatley acted when he was appointed Minister. I have said to this House on many occasions that he moved with lightning speed as a new Minister which surprised me very very much. I also need to acknowledge the Hon Jim Anderton and the previous Minister of Maori Affairs and Associate Minister of Fisheries my colleague the Hon Parekura Horomia. Kia ora. 
SIMON BRIDGES (National—Tauranga) 
: 
 It is a pleasure to take a call on the Maori Commercial Aquaculture Claims Settlement (Regional Agreements) Amendment Bill which along with its earlier 2004 relative if you like the Maori Commercial Aquaculture Claims Settlement Bill provides an interesting and innovative set of solutions to what have been thorny and complex problems. I agree with what all of the other speakers have said about those involved in making this happen deserving hearty congratulations from the fisheries commission and the various leaders there including my relative Peter Douglas and others through to Ministers of the Crown members of Parliament and iwi of course. They deserve hearty congratulations. 
I will not speak for long at all; in fact I will be very brief. But I will locate this bill in what I think is its proper broader context where there are two fields at play essentially: aquaculture and of course Treaty settlements. They come together in this bill. I certainly would not say I know a lot about aquaculture. My only indirect dealings would have been up at Ohiwa Harbour in the Eastern Bay of Plenty with the fish and chips there and the oysters and the like. I have been there many a time. 
I agree with the comments of the Hon Shane Jones that there is some controversy around aquaculture but I also agree with him that it is an area of real potential that perhaps has not been realised in any way previously. Its time I think has come and we as a Government and probably as a Parliament want to see it turn into a billion-dollar or multibillion-dollar industry that creates wealth for this country so that we do not have to worry about things like a deficit growing by $240 million a week. As I say we combine that with resolution of Treaty grievances but I will not talk about that field at all. Suffice to say when we combine aquaculture with resolution of Treaty grievances I think we get a scenario where Maori can move forward and iwi can move forward in a tangible way to becoming powerful players in the New Zealand economy who really help to take this nation forward. 
I was going to go through the bill and say what it does but that has been well-canvassed. It is quite an elegant solution I think that provides as we know a financial-equivalent method in relation to iwi so that $97 million in compensation will be provided. I am sure that iwi will use that money thoughtfully and responsibly and turn it into much more money. Certainly that is my and I am sure the iwis’ hope. With those remarks I commend this bill to the House. 
Bill read a third time. 
Waiata