Patterson MarkMĀORI FISHERIES AMENDMENT BILLSecond ReadingHon MARK PATTERSON (Minister for Rural Communities) on behalf of the Minister for Oceans and Fisheries: I present a legislative statement on the Māori Fisheries Amendment Bill. ASSISTANT SPEAKER (Teanau Tuiono): That legislative statement is published under the authority of the House and can be found on the Parliament website.Hon MARK PATTERSON: I move That the Māori Fisheries Amendment Bill be now read a second time.In the spirit of bipartisanship that seems to have broken out on the eve of Easter I would like to start by congratulating the former chair Arena Williams and the previous Māori Affairs Committee members for the bipartisan support and constructive participation taken in considering this bill. I appreciate the time and effort the committee has taken to understand this bill and the complexities of the Māori fisheries framework. I also want to acknowledge all the submitters who took time to express their views on this bill. Finally I thank the Parliamentary Counsel Office the Inland Revenue Department and the Ministry for Primary Industries officials that contributed to this bill.The changes in this bill are a result of extensive input from iwi. This conversation began in 2015 with an independent review of the Māori Fisheries Act. Iwi were consulted with from across the country to understand the desirable pathway forward for Māori. Te Ohu Kaimoana then engaged further with iwi in 2016 and 2017 and iwi voted on a suite of resolutions. This bill gives effect to the resolutions iwi voted for.Broadly the bill provides for mandated iwi organisations to take more direct control of Te Ohu Kaimoana and Aotearoa Fisheries Ltd. Changing Government arrangements of the settlement entities and to make them consistent with each other and standard governance practices. Cancellation of Aotearoa Fisheries Ltd voting shares conversion of Aotearoa Fisheries Ltd income shares to ordinary shares. Those shares will be allocated to mandated iwi organisations and it will simplify the process for trading within the Māori share pool.Together these changes give iwi more control over their fishery assets improve benefits for all Māori and improve efficiency. Ten submissions were received on the bill from iwi the settlement trustee Te Ohu Kaimoana and individuals. Six submitters presented their views in person. Almost all submitters supported the bill but recommended minor and technical changes. These changes have been taken on board and a total of 21 changes were recommended by officials that were all accepted by the select committee.The bill proposes to remove the current electoral college system for appointing and removing directives of Te Ohu Kaimoana. Instead iwi will directly appoint and remove directors on a one vote per iwi basis. Some submitters expressed concern that the proposed changes would diminish the role of representative Māori organisations or RMOs. Select committee responded to these concerns and updated the bill to provide RMOs with voting rights. However the settlement trustees considered that this goes against what iwi voted for through the review of the Act. Given the lack of consensus on this matter I intend to consult with affected groups before proceeding to the committee of the whole House stage. I have discussed it with the Minister for Māori Crown Relations who agrees with this approach.I also intend to make minor amendments to the bill to extend the framework policing the annual catch entitlements from five to 10 years. This change alongside what already is in the bill will help ensure that Māori fishers are able to access capital to improve their fleets and have greater autonomy over the fisheries asset and business decisions. The bill provides for further review of the Act to take place within seven to 10 years of this bill being enacted if a special resolution is passed by iwi. Some submitters considered they should be undertaken by default. Independent reviews are important to ensure the governance arrangements remain fit for purpose and continue to deliver benefits to Māori. Given their importance a change has been made to make independent reviews mandatory unless iwi pass a special resolution not to hold a review.Submitters also commented on the slow time frame for implementing the review recommendations which were presented to the then Minister in 2017. Submitters recommended including a provision for the bill to ensure future reviews are not this drawn out. On this basis a change has been made to require the Crown to take all reasonable steps within its authority to introduce a bill to the House within three years of Te Ohu Kaimoana presenting iwi recommendations to the Minister.The bill also proposes to implement a compulsory levy for Te Ohu Kaimoana that can be triggered in the future if required. Mandated iwi organisations or MIOs can request a levy for any reason or Te Ohu Kaimoana can request a levy if they are satisfied it is needed for them to carry out their duties. MIOs would need to approve a levy request by a simple majority vote.The Regulations Review Committee submitted that a delegated power to set levies is generally considered to be legislative and should therefore create secondary legislation. This is so that the safeguards that apply to secondary legislation would apply to the levy. On the committee's recommendation the bill has been amended to specify that the resolution to adopt a levy would be secondary legislation for the purpose of the Legislation Act 2019.I want to conclude by again thanking those who contributed to the development of this bill. It is great to see this important kaupapa progressed to this stage. I look forward to debating the bill in more detail during the committee of the whole House. On that note I commend this bill to the House.ASSISTANT SPEAKER (Teanau Tuiono): The question is that the motion be agreed to.