Maori Commercial Aquaculture Claims Settlement Amendment Act 2011

1: Title
This Act is the Maori Commercial Aquaculture Claims Settlement Amendment Act 2011.
2: Commencement
1: Section 7(2) and (3)
2: The rest of this Act comes into force on 1 October 2011.
3: Principal Act amended
This Act amends the Maori Commercial Aquaculture Claims Settlement Act 2004 2011-10-01 Maori Commercial Aquaculture Claims Settlement Act 2004 Although Section 7(2) and (3) come into force on the day on which this Act receives the Royal assent, these sections need not be entered into the Editorial Diary
4: Interpretation
1: Section 4 aquaculture management area
2: Section 4 anticipated new space the Maori Commercial Aquaculture Claims Settlement Amendment Act 2011 aquaculture settlement area Gazette section 12 authorisation section 165C iwi Minister region .
3: Section 4 new space new space
a: means space that, after the commencement of the Maori Commercial Aquaculture Claims Settlement Amendment Act 2011 section 116A
b: does not include—
i: space that is pre-commencement space as defined in section 20; or
ii: space in respect of which a regional council is or was required to comply with sections 44B to 44D section 44E
iii: any space that has been transferred to the trustee as a settlement asset before the commencement of the Maori Commercial Aquaculture Claims Settlement Amendment Act 2011 .
4: Sections 23 24 27 28 56 58 59 Minister of Fisheries Minister
5: Meaning of settlement assets
1: Section 5(1)(a) or the Aquaculture Reform (Repeals and Transitional Provisions) Act 2004 this Act
2: Section 5(1)
aa: includes any authorisations provided to the trustee by a regional council in accordance with an Order in Council under section 165K, or a notice in the Gazette .
6: New section 6A inserted
The following section is inserted after section 6
6A: Relationship of Act to Marine and Coastal Area (Takutai Moana) Act 2011
1: Nothing done under or for the purposes of this Act is to be treated as a matter that may be taken into account in determining, under subpart 3 of Part 3 of the Marine and Coastal Area (Takutai Moana) Act 2011, whether customary marine title exists in a specified area of the common marine and coastal area.
2: Without limiting subsection (1) section 13
a: as evidence that an applicant group did not hold a specified area of the common marine and coastal area in accordance with tikanga for the purposes of section 58(1)(a) of the Marine and Coastal Area (Takutai Moana) Act 2011; or
b: as evidence of a substantial interruption of the exclusive use and occupation of a specified area of the common marine and coastal area for the purposes of section 58(1)(b) of the Marine and Coastal Area (Takutai Moana) Act 2011.
7: New heading and sections 7 to 16A substituted
1: The heading above section 7 sections 7 to 16 Provision and transfer of settlement assets to trustee that are representative of 20% of new space
7: Purpose of sections 8 to 18
The purpose of sections 8
8: Crown’s obligations apply on regional basis
The Crown’s obligations under sections 9
9: Crown’s obligations in respect of new space
1: The Crown must ensure that the trustee is provided with settlement assets that are representative of 20% of the new space by way of 1 or more of the following:
a: the provision of authorisations to apply to occupy space in the coastal marine area for the purpose of aquaculture activities and any payment required by section 13(4)
b: the payment of a financial equivalent of that space:
c: entering into 1 or more regional agreements under section 10
2: The settlement assets provided under subsection (1)(a)
10: Regional agreements relating to new space
1: The Crown may enter into 1 or more agreements (including by deed) in respect of 1 or more regions if the Crown and the parties referred to in section 29A(2) all agree that the Crown’s obligations under section 9
2: Section 29A(3), (4), (6), and (7) apply to an agreement entered into under this section.
3: An agreement under this section may provide for settlement of the Crown’s obligations on any basis acceptable to the Crown and the other parties.
11: Settlement in negotiation period
1: The Crown must use its best endeavours to negotiate and enter into regional agreements under section 10 section 9
2: The Crown must do so within the following periods:
a: within 2 years after the commencement of the Maori Commercial Aquaculture Claims Settlement Amendment Act 2011
i: the Northland region:
ii: the east coast of the Waikato region, which is to be treated as a separate region:
iii: the Tasman region:
iv: the Marlborough region:
b: for all other regions, whichever is the later of the following:
i: within 3 years after the commencement of the Maori Commercial Aquaculture Claims Settlement Amendment Act 2011
ii: within 2 years after the receipt of the first resource consent application for the purpose of aquaculture activities after the commencement of the Maori Commercial Aquaculture Claims Settlement Amendment Act 2011
3: The Minister may, by notice in the Gazette subsection (2)
4: The Minister may not give a notice under subsection (3)
a: has consulted the trustee and the iwi aquaculture organisations, mandated iwi organisations, or recognised iwi organisations with whom the regional agreement under section 10
b: is satisfied that reasonable steps have been taken to negotiate an agreement and that the proposed extension is likely to enable a regional agreement under section 10
5: If, at the conclusion of the relevant period specified in subsection (2) section 10
a: arrange, in accordance with section 14 section 9(1)(a)
b: if insufficient authorisations are available to be provided to the trustee to meet the Crown’s obligations as set out in section 9 section 9(1)(b)
12: Gazetting
1: For the purposes of preserving space to be used for meeting the Crown’s obligations under section 9 Gazette
2: The Minister—
a: may, by notice in the Gazette
b: must, if the Crown’s obligations are settled in respect of a region, remove, by notice in the Gazette
3: Section 165E
4: In determining whether an aquaculture settlement area will be representative for the purposes of meeting the Crown's obligations under section 9
a: the suitability of the space for aquaculture activities; and
b: the overall productive capacity of the anticipated new space available for aquaculture activities in each region.
5: To avoid doubt, the Minister may exercise his or her powers under this section before the preparation of a plan under section 14
13: Allocation of authorisations in aquaculture settlement area
1: This section applies if the Crown is required, either under a regional agreement under section 10 section 11(5)
2: The Minister must direct the regional council in whose region the relevant aquaculture settlement area is located to provide authorisations for aquaculture activities in the space to the trustee (whether or not the regional coastal plan would otherwise require a different allocation).
3: A regional council must comply with a direction made under subsection (2)
4: As soon as practicable after giving a direction under subsection (2)
a: if an assessment under section 14(4)(d)(iv)
b: if the Minister decides that such a payment should be made, make the payment to the trustee.
5: Clause 3(1)(b) of Schedule 1 does not apply to the provision of authorisations under this section.
6: To avoid doubt, section 165R
14: Preparation of plan
1: The Minister must, by 31 December 2012, have started preparing a plan that—
a: provides an assessment of the progress made by the Crown in complying with section 9
b: to the extent that the Crown has not complied with section 9
c: establishes processes and methods for determining the value of the settlement assets to be delivered under section 9
2: In preparing the plan, the Minister must consult—
a: the trustee; and
b: all iwi aquaculture organisations, mandated iwi organisations, and recognised iwi organisations—
i: whose area of interest includes a part of the coastal marine area; and
ii: in relation to which the Crown has not, by 31 December 2012, satisfied its obligations under this Act.
3: As soon as practicable after completing the plan, the Minister must provide copies to the relevant regional council, the trustee, and the relevant iwi aquaculture organisations, mandated iwi organisations, and recognised iwi organisations.
4: Without limiting subsection (1)(c)
a: avoid increasing the demand for coastal permits, which would increase the value of space; and
b: reduce the risk of collusion; and
c: be cost effective for the Crown; and
d: enable an assessment to be made of the following:
i: the amount of anticipated new space in the region; and
ii: the value that would be representative of each of the types of aquaculture expected to be developed in the anticipated new space in the region; and
iii: the overall productive capacity of the anticipated new space available for aquaculture activities in each region; and
iv: the difference in value between—
A: the costs of obtaining, pursuant to an authorisation granted under this Act, a resource consent under the Resource Management Act 1991 that could commence under section 116A
B: the costs of obtaining the resource consent pursuant to an authorisation had the authorisation been granted in relation to an aquaculture management area as at 1 January 2005.
15: Review of plan
1: The Minister must begin a review of the plan prepared under section 14
a: by 31 December 2017; and
b: after that date, at intervals of not more than 5 years.
2: However, the Minister must begin a review of the plan prepared under section 14
16: Response to review of plan
1: If the plan prepared under section 14 section 15 section 9 section 9(1)(a), (b), or (c)
2: Before taking action under subsection (1)
a: the trustee; and
b: the relevant iwi aquaculture organisations, mandated iwi organisations, and recognised iwi organisations of affected iwi.
16A: When authorisations allocated to trustee lapse
1: Section 165T
2: However, a settlement asset that is an authorisation does lapse if—
a: a resource consent application for aquaculture activities has been declined in respect of the space that is subject to the authorisation; or
b: a resource consent has been cancelled under section 116A(3) or (7)
3: If an authorisation that is a settlement asset is transferred and (as a result of the transfer) it ceases to be a settlement asset, the authorisation lapses 2 years after the date on which the holder gives a notice of transfer of the authorisation to the regional council under section 165S
2: On and from the commencement of this subsection until the commencement of subsection (1) Gazette section 12 subsection (1)
3: However, no notice in the Gazette subsection (2)
a: the commencement of subsection (1)
b: any later date that is specified in the notice.
8: Expiry, lapsing, or cancellation of coastal permit to occupy space for aquaculture activities
Section 17(2) section 9 section 44
9: Crown's obligations
Section 22(3)
10: Section 25 repealed
1: Section 25
2: The Maori Commercial Aquaculture Claims Settlement (Additional Allocation of Space) Order 2006 2011-10-01 Maori Commercial Aquaculture Claims Settlement (Additional Allocation of Space) Order 2006
11: Section 26 repealed
Section 26
12: Recognition of iwi aquaculture organisations
Section 33
2: The trustee must recognise a new iwi aquaculture organisation and record its recognition in the iwi aquaculture register in place of another iwi aquaculture organisation (an existing iwi aquaculture organisation
a: the new iwi aquaculture organisation is entitled to be recognised under subsection (1); and
b: before becoming a mandated iwi organisation under the Māori Fisheries Act 2004, the existing iwi aquaculture organisation notified the members of the iwi of the proposed replacement and of the effect of that replacement in terms of subsections (3) and (4)
3: On and from the time when the new iwi aquaculture organisation is recognised in place of the existing iwi aquaculture organisation under subsection (2)
4: Without limiting subsection (3)
a: any regional agreement entered into under section 10
b: any entitlement, claim, agreement, or written statement in respect of the allocation of settlement assets made or entered into by the existing iwi aquaculture organisation is to be treated as having been made or entered into by the new iwi aquaculture organisation; and
c: any settlement assets held by the existing iwi aquaculture organisation become the settlement assets of the new iwi aquaculture organisation; and
d: any settlement assets held by an enterprise under section 32(3) for the existing iwi aquaculture organisation are to be held for the new iwi aquaculture organisation.
5: To avoid doubt, section 50 does not apply to settlement assets that become the settlement assets of the new iwi aquaculture organisation by subsections (3) and (4)
13: Purpose of trust
1: Section 35(d) ; and
2: Section 35
e: perform any functions that are necessary or desirable to facilitate consultation between the Crown and iwi aquaculture organisations, mandated iwi organisations, and recognised iwi organisations for the purposes of sections 8
14: Duties of trustee
1: Section 38
2B: The trustee, in performing its functions under section 35(e)
2: Section 38(3) subsection (2A) subsections (2A) and (2B)
15: Allocation of assets to iwi of region
1: Section 45
1: For the purposes of this section and sections 46 to 51,—
a: in the case of the Waikato and Manawatu–Wanganui regions, the east coast and west coast of each region are to be treated as separate regions:
b: in any case where the boundaries of a region change after settlement assets are created but before they are allocated, the settlement assets must be allocated on the basis of the boundaries of the region as at the time the settlement assets were created.
2: Section 45(4) 12 months after the trustee has recognised iwi aquaculture organisations for all the iwi of a region period specified in subsection (4A)
3: Section 45
4A: The period is 12 months after—
a: the trustee has recognised iwi aquaculture organisations for all the iwi of the region; and
b: the first of the settlement assets for the region has been allocated to the trustee.
16: Basis of allocation of settlement assets
Section 47
1: The trustee must determine settlement assets allocation entitlements in accordance with this section and Schedule 1 if,—
a: by the end of the 12-month period specified in section 45(4A)
b: at any time after the end of the 12-month period specified in section 45(4A)
17: Transfer of authorisations or coastal permits
Section 50
2: However, subsection (1) does not apply to a transfer of settlement assets by the iwi aquaculture organisation or trustee if the settlement assets are transferred to a company under the Companies Act 1993 that is wholly owned by—
a: the iwi aquaculture organisation; or
b: the iwi aquaculture organisation and other iwi aquaculture organisations in the region, but only if the transfer is approved by the iwi aquaculture organisation before the settlement assets are transferred.