Maori Commercial Aquaculture Claims Settlement Act 2004

1: Title
This Act is the Maori Commercial Aquaculture Claims Settlement Act 2004.
2: Commencement
Except as provided in section 60(5) Preliminary provisions
3: Purpose of Act
The purpose of this Act is to—
a: provide a full and final settlement of Maori claims to commercial aquaculture on or after 21 September 1992; and
b: provide for the allocation and management of aquaculture settlement assets.
4: Interpretation
In this Act, unless the context otherwise requires,— allocate
a: means to determine the settlement assets to be transferred to an iwi aquaculture organisation; but
b: does not include the transfer of those assets to the iwi aquaculture organisation anticipated new space the Maori Commercial Aquaculture Claims Settlement Amendment Act 2011 aquaculture activities section 2(1) aquaculture agreement section 186ZD aquaculture settlement area Gazette section 12 authorisation section 165C coastal marine area section 2(1) coastal permit section 2(1) commercial aquaculture commercial fishing section 2(1) iwi Maori Fisheries Act 2004 iwi aquaculture organisation section 33 Minister 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
ii: space in respect of which a regional council is or was required to comply with sections 44B to 44D section 44E Aquaculture Reform (Repeals and Transitional Provisions) Act 2004
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 occupy section 2(1) public notice section 2(1) recognised iwi organisation section 5 region Local Government Act 2002 regional agreement section 29A Maori Commercial Aquaculture Claims Settlement (Regional Agreements) Amendment Act 2010 regional council section 2(1) relevant iwi reservation section 186C Fisheries Act 1996 sale
a: every method of disposition for valuable consideration, including barter; and
b: the disposition to an agent for sale on consignment; and
c: offering or attempting to sell, or receiving or having in possession for sale, or exposing for sale, or sending or delivering for sale, or causing or permitting to be sold, offered, or exposed for sale; and
d: disposal by way of gambling (as that term is defined in section 4(1)
e: the use by a person of fish, aquatic life, or seaweed as bait in that person's commercial fishing operations; and
f: any other use by a person of fish, aquatic life, or seaweed as part of that person's commercial activities space section 2(1) trustee section 33 Section 4 anticipated new space inserted 1 October 2011 section 4(2) Maori Commercial Aquaculture Claims Settlement Amendment Act 2011 Section 4 aquaculture management area repealed 1 October 2011 section 4(1) Maori Commercial Aquaculture Claims Settlement Amendment Act 2011 Section 4 aquaculture settlement area inserted 1 October 2011 section 4(2) Maori Commercial Aquaculture Claims Settlement Amendment Act 2011 Section 4 authorisation substituted 1 October 2011 section 4(2) Maori Commercial Aquaculture Claims Settlement Amendment Act 2011 Section 4 iwi inserted 1 October 2011 section 4(2) Maori Commercial Aquaculture Claims Settlement Amendment Act 2011 Section 4 Minister inserted 1 October 2011 section 4(2) Maori Commercial Aquaculture Claims Settlement Amendment Act 2011 Section 4 new space substituted 1 October 2011 section 4(3) Maori Commercial Aquaculture Claims Settlement Amendment Act 2011 Section 4 region inserted 1 October 2011 section 4(2) Maori Commercial Aquaculture Claims Settlement Amendment Act 2011 Section 4 regional agreement inserted 30 March 2010 section 5 Maori Commercial Aquaculture Claims Settlement (Regional Agreements) Amendment Act 2010 Section 4 regional council inserted 28 September 2008 section 4(6) Maori Commercial Aquaculture Claims Settlement Amendment Act 2008 Section 4 relevant iwi inserted 12 April 2022 section 4 Maori Commercial Aquaculture Claims Settlement Amendment Act 2022
5: Meaning of settlement assets
1: In this Act, unless the context otherwise requires, settlement assets
a: means authorisations relating to aquaculture activities, coastal permits to occupy space for aquaculture activities, or the financial equivalent of the authorisations or the permits, transferred or paid or to be transferred or paid to the trustee under this Act or the Aquaculture Reform (Repeals and Transitional Provisions) Act 2004
aa: includes any authorisations provided to the trustee by a regional council in accordance with an Order in Council under section 165K Gazette section 165N
ab: includes payments of money and the transfer of any other benefit to the trustee or an iwi aquaculture organisation under a regional agreement; and
b: includes any authorisation held by the trustee, an iwi aquaculture organisation, or a company under the Companies Act 1993
i: the authorisation was transferred in exchange for an authorisation referred to in paragraph (a) or received under a previous transfer to which this paragraph applied; and
ii: notice of both transfers was received by the regional council on the same day; and
iii: the authorisations exchanged related to the same amount of space in the same region; and
iv: the authorisation transferred to the trustee or an iwi aquaculture organisation related to the occupation of space for aquaculture activities; and
c: includes any coastal permits held by the trustee, an iwi aquaculture organisation, or a company under the Companies Act 1993
d: includes any coastal permit held by the trustee, an iwi aquaculture organisation, or a company under the Companies Act 1993
i: the coastal permit was transferred in exchange for a coastal permit specified in paragraph (a) or paragraph (c) or received under a previous transfer to which this paragraph applied; and
ii: notice of both transfers was received by the regional council on the same day; and
iii: the coastal permits exchanged related to the same amount of space in the same region; and
iv: the coastal permits transferred related to the occupation of space for aquaculture activities.
2: However, an authorisation or coastal permit ceases to be a settlement asset if the authorisation or coastal permit is transferred to another person unless the authorisation or coastal permit is transferred—
a: from the trustee to an iwi aquaculture organisation or a company under the Companies Act 1993
b: from an iwi aquaculture organisation or a company under the Companies Act 1993 Companies Act 1993 Section 5(1)﻿(a) amended 1 October 2011 section 5(1) Maori Commercial Aquaculture Claims Settlement Amendment Act 2011 Section 5(1)﻿(aa) inserted 1 October 2011 section 5(2) Maori Commercial Aquaculture Claims Settlement Amendment Act 2011 Section 5(1)﻿(ab) inserted 30 March 2010 section 6 Maori Commercial Aquaculture Claims Settlement (Regional Agreements) Amendment Act 2010
6: Settlement of claims
1: The claims specified in subsection (2) are fully and finally settled, satisfied, and discharged.
2: Subsection (1) applies to all claims (current and future)—
a: by Maori in respect of commercial aquaculture activities arising on or after 21 September 1992 in the coastal marine area—
i: whether the claims are founded on rights arising by or in common law (including customary law and aboriginal title), the Treaty of Waitangi
ii: whether in respect of sea, or coastal, aquaculture activities, including any commercial aspect of traditional aquaculture activities; and
iii: whether or not the claims have been the subject of adjudication by the courts or any recommendation from the Waitangi Tribunal; and
b: in respect of, or directly or indirectly based on, rights and interests of Maori in aquaculture activities on or after 21 September 1992.
3: The obligations of the Crown to Maori in respect of commercial aquaculture activities on or after 21 September 1992 are fulfilled, satisfied, and discharged.
4: No court or tribunal has jurisdiction to inquire into—
a: the validity of the claims:
b: the existence of rights and interests of Maori in commercial aquaculture activities on or after 21 September 1992:
c: the quantification or the adequacy of the benefits to Maori provided by or under this Act.
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
2: Without limiting subsection (1), the provision of authorisations under 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)
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) Section 6A inserted 1 October 2011 section 6 Maori Commercial Aquaculture Claims Settlement Amendment Act 2011 Provision and transfer of settlement assets to trustee that are representative of 20% of new space Heading substituted 1 October 2011 section 7(1) Maori Commercial Aquaculture Claims Settlement Amendment Act 2011
7: Purpose of sections 8 to 18
The purpose of sections 8 to 18 Section 7 substituted 1 October 2011 section 7(1) Maori Commercial Aquaculture Claims Settlement Amendment Act 2011
8: Crown’s obligations apply on regional basis
The Crown’s obligations under sections 9 to 18 Section 8 substituted 1 October 2011 section 7(1) Maori Commercial Aquaculture Claims Settlement Amendment Act 2011
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) must be representative of 20% of the anticipated new space. Section 9 substituted 1 October 2011 section 7(1) Maori Commercial Aquaculture Claims Settlement Amendment Act 2011
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) section 9
2: Section 29A(3), (4), (6), and (7)
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. Section 10 substituted 1 October 2011 section 7(1) Maori Commercial Aquaculture Claims Settlement Amendment Act 2011
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 section 165ZH
3: The Minister may, by notice in the Gazette
4: The Minister may not give a notice under subsection (3) unless the Minister—
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) (or any extension), there is no regional agreement under section 10
a: arrange, in accordance with section 13 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) Section 11 substituted 1 October 2011 section 7(1) Maori Commercial Aquaculture Claims Settlement Amendment Act 2011 Section 11(5)﻿(a) amended 5 December 2013 section 4 Maori Commercial Aquaculture Claims Settlement Amendment Act 2013
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 Section 12 substituted 1 October 2011 section 7(1) Maori Commercial Aquaculture Claims Settlement Amendment Act 2011
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), the Minister must,—
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)
6: To avoid doubt, section 165R Section 13 substituted 1 October 2011 section 7(1) Maori Commercial Aquaculture Claims Settlement Amendment Act 2011
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), the processes and methods must—
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 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. Section 14 substituted 1 October 2011 section 7(1) Maori Commercial Aquaculture Claims Settlement Amendment Act 2011
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 Section 15 substituted 1 October 2011 section 7(1) Maori Commercial Aquaculture Claims Settlement Amendment Act 2011
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), the Crown must consult—
a: the trustee; and
b: the relevant iwi aquaculture organisations, mandated iwi organisations, and recognised iwi organisations of affected iwi. Section 16 substituted 1 October 2011 section 7(1) Maori Commercial Aquaculture Claims Settlement Amendment Act 2011
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 Section 16A inserted 1 October 2011 section 7(1) Maori Commercial Aquaculture Claims Settlement Amendment Act 2011
17: Expiry, lapsing, or cancellation of coastal permit to occupy space for aquaculture activities
1: This section applies if—
a: the trustee, iwi aquaculture organisation, or a company under the Companies Act 1993
b: the coastal permit expires, lapses, or is cancelled.
2: The holder of the coastal permit is to be treated as if the holder holds an authorisation allocated under section 44 Section 17(2) amended 1 October 2011 section 8 Maori Commercial Aquaculture Claims Settlement Amendment Act 2011
18: Limitations on disposal of settlement assets
1: The trustee must not transfer settlement assets except to—
a: an iwi aquaculture organisation in accordance with sections 48 49
b: another person in accordance with a direction by an iwi aquaculture organisation entitled to have the settlement assets transferred to it in accordance with sections 48 49
2: However, the trustee must not transfer settlement assets to another person unless satisfied that the iwi aquaculture organisation has complied with section 50 Allocation of aquaculture space, or financial equivalent, to trustee equivalent to 20% of pre-commencement space in coastal marine area
19: Purpose of sections 20 to 31
The purpose of sections 20 to 31
20: Interpretation
In sections 22 to 31 pre-commencement space
a: space that—
i: first became the subject of a lease or licence under the Marine Farming Act 1971
ii: at the close of 31 December 2004 is still the subject of a lease or licence under the Marine Farming Act 1971
b: space—
i: that is the subject of an application under section 46
ii: in relation to which a permit under section 67J section 67P
c: space that, at the close of 31 December 2004, is subject to an application for a permit under section 67J 67Q(2)﻿(a)
d: space that—
i: became the subject of a permit granted under section 67J section 67Q(2)﻿(a) , and the permit that was granted is for aquaculture activities
ii: at the close of 31 December 2004 is still subject to a permit granted under sections 67J 67Q(2)﻿(a)
e: space in relation to which section 8(b) Section 20(c) amended 13 December 2006 section 4(1) Maori Commercial Aquaculture Claims Settlement Amendment Act 2006 Section 20(d)﻿(i) amended 13 December 2006 section 4(1) Maori Commercial Aquaculture Claims Settlement Amendment Act 2006 Section 20(d)﻿(i) amended 13 December 2006 section 4(2) Maori Commercial Aquaculture Claims Settlement Amendment Act 2006 Section 20(d)﻿(ii) amended 13 December 2006 section 4(1) Maori Commercial Aquaculture Claims Settlement Amendment Act 2006
21: Crown's obligations apply on regional basis
The Crown's obligations under sections 22 to 31 Schedule 1 Schedule 2
22: Crown's obligations
1: The Crown must ensure that the trustee is provided with space in the coastal marine area for the purpose of aquaculture activities equivalent to 20% of pre-commencement space.
2: The Crown must use its best endeavours to comply with subsection (1) by the close of 31 December 2014.
3: Subsection (1) must be complied with in 1 or more of the following ways:
a:
b: by purchasing and transferring to the trustee on or after 1 January 2008 established marine farms:
ba: by entering into a regional agreement:
c: by paying to the trustee on or after 1 January 2013 amounts equivalent, in part or in full, to the value of the pre-commencement space.
3A: If a regional agreement includes a provision of a kind referred to in section 29A(3)﻿(b)
4: To avoid doubt, subsection (3) does not require the Crown at any particular time to comply with subsection (1) in any particular way or combination of ways specified in subsection (3). Section 22(3)﻿(a) repealed 1 October 2011 section 9 Maori Commercial Aquaculture Claims Settlement Amendment Act 2011 Section 22(3)﻿(ba) inserted 30 March 2010 section 7(1) Maori Commercial Aquaculture Claims Settlement (Regional Agreements) Amendment Act 2010 Section 22(3A) inserted 30 March 2010 section 7(2) Maori Commercial Aquaculture Claims Settlement (Regional Agreements) Amendment Act 2010
23: Preparation of plan
1: The Minister
a: provides an assessment of the progress made by the Crown in complying with section 22
b: to the extent that the Crown has not complied with section 22
2: In preparing the plan, the Crown must consult all iwi aquaculture organisations and recognised iwi organisations—
a: whose area of interest includes a part of the coastal marine area; and
b: in relation to which the Crown has not, by 31 December 2007, satisfied its obligations under this Act.
3: As soon as practicable after completing the plan, the Minister Section 23(1) amended 1 October 2011 section 4(4) Maori Commercial Aquaculture Claims Settlement Amendment Act 2011 Section 23(3) amended 1 October 2011 section 4(4) Maori Commercial Aquaculture Claims Settlement Amendment Act 2011
24: Review of plan
The Minister section 23 Section 24 amended 1 October 2011 section 4(4) Maori Commercial Aquaculture Claims Settlement Amendment Act 2011
25: Additional allocation of space to iwi
Section 25 repealed 1 October 2011 section 10(1) Maori Commercial Aquaculture Claims Settlement Amendment Act 2011
26: Regional Council may retain proportion of tender remuneration
Section 26 repealed 1 October 2011 section 11 Maori Commercial Aquaculture Claims Settlement Amendment Act 2011
27: Purchase of coastal permits by the Crown
1: The Crown may purchase coastal permits for the purpose of complying with section 22
2: The Crown must use its best endeavours to ensure that on 31 December 2014 the average value of all coastal permits for a region or harbour listed in Schedule 2
3: Before purchasing a coastal permit under subsection (1), the Minister
4: Without limiting subsection (3), the processes and methods must—
a: avoid increasing demand for coastal permits which would increase the value of the space; and
b: reduce the risk of collusion among sellers of coastal permits; and
c: be cost effective for the Crown; and
d: assess the average current value of space in the part of the coastal marine area concerned. Section 27(3) amended 1 October 2011 section 4(4) Maori Commercial Aquaculture Claims Settlement Amendment Act 2011
28: Payment of financial equivalent
Before making a payment under section 22(3)﻿(c) Minister section 27(2) Section 28 amended 1 October 2011 section 4(4) Maori Commercial Aquaculture Claims Settlement Amendment Act 2011
29: Purchase of coastal permits to occupy space for aquaculture activities, including purchase of improvements
1: If the Crown purchases a coastal permit to occupy space for aquaculture activities and the purchase includes improvements in the space, the Crown—
a: is not required to allocate the improvements to the trustee; but
b: may provide to the trustee a right of first refusal to purchase the improvements.
2: If the Crown does provide to the trustee a right of first refusal to purchase the improvements, the trustee may do so only if it has the agreement of the iwi aquaculture organisations concerned.
3: The trustee must not transfer the improvements to an iwi aquaculture organisation except in accordance with sections 48 49
4: A right of first refusal to purchase the improvements expires—
a: on a date specified in the right of first refusal for that purpose; or
b: if no date is specified, then 30 days after the right of first refusal is given to the trustee.
29A: Regional agreements
1: The Crown may enter into an agreement (including by deed) in respect of 1 or more regions of regional councils, or of 1 or more harbours listed in Schedule 2 section 22(1)
2: The parties referred to in subsection (1) are—
a: the iwi aquaculture organisations of all iwi whose area of interest includes a region or harbour covered by the agreement; or
b: for any iwi referred to in paragraph (a) that do not have iwi aquaculture organisations, the recognised iwi organisations of those iwi.
3: A regional agreement must include—
a: the trustee as a party to the agreement in order to confirm that the agreement has been entered into by the parties specified in subsection (2); or
b: a provision that the agreement is conditional on the trustee confirming that the agreement has been entered into by those parties.
4: To avoid doubt, a regional agreement is enforceable as a contract in accordance with its terms.
5: Section 22(3)﻿(c)
6: No court or tribunal has jurisdiction to inquire into the quantification or the adequacy of the benefits to be provided by or under a regional agreement.
7: However, subsection (6) does not exclude the jurisdiction of a court or tribunal in respect of the interpretation or enforcement of a regional agreement. Section 29A inserted 30 March 2010 section 8 Maori Commercial Aquaculture Claims Settlement (Regional Agreements) Amendment Act 2010
30: Entry on iwi aquaculture register
1: When the trustee receives settlement assets under this Act, it must record the settlement assets in the iwi aquaculture register.
2: Any settlement assets in an aquaculture management area in a harbour listed in Schedule 2
3: All other settlement assets must be recorded as coastal settlement assets.
4: Information recorded in the register under this section must include the type of asset, the size of the asset, the location of the asset, and the region of the regional council in which the asset is located.
31: Registered entitlements to settlement assets
1: An iwi aquaculture organisation, in order to obtain settlement assets under this Act, must be a party to an agreement referred to in section 45(4) Schedule 1
2: Settlement assets allocation entitlements must be—
a: determined by the trustee in accordance with section 45(4) Schedule 1
b: recorded by the trustee on the iwi aquaculture register.
3: Registered settlement assets allocation entitlements are created under this Act for the sole purpose of calculating the amount of settlement assets to be allocated to iwi under this Act.
4: A registered settlement assets allocation entitlement binds the iwi concerned in relation to the allocation of settlement assets within the regional coastline or harbour concerned as determined by the trustee in accordance with section 45(4) Schedule 1
5: However, the registered settlement assets allocation entitlements do not—
a: bind the iwi to which they relate or any other iwi in any matter that is before the Waitangi Tribunal, the Maori Land Court, or any other court, other than under this Act; or
b: bind, compromise, advantage or disadvantage, or operate as a precedent for any other matter; or
c: affect any customary rights, aboriginal title rights, or any rights arising under the Treaty of Waitangi Section 31(4) substituted 30 March 2010 section 9 Maori Commercial Aquaculture Claims Settlement (Regional Agreements) Amendment Act 2010 Iwi aquaculture organisations
32: Functions and powers of iwi aquaculture organisations
1: Under this Act, an iwi aquaculture organisation must—
a: act for the benefit of all the members of the iwi, irrespective of where those members reside; and
b: perform the functions and duties conferred on it by or under this Act.
2: An iwi aquaculture organisation may—
a: directly receive and hold, on behalf of its iwi, settlement assets allocated to the iwi by the trustee under this Act:
b: if relevant, enter into agreements with other iwi aquaculture organisations in relation to the allocation of settlement assets:
ba: enter into regional agreements:
c: establish companies to undertake aquaculture activities:
d: perform other functions contemplated by or provided for by or under this Act.
3: An iwi aquaculture organisation must not undertake commercial aquaculture activities except through a separate enterprise that is responsible to the organisation. Section 32(2)﻿(ba) inserted 30 March 2010 section 10 Maori Commercial Aquaculture Claims Settlement (Regional Agreements) Amendment Act 2010
33: Recognition of iwi aquaculture organisations
1: The trustee must recognise an iwi aquaculture organisation and record its recognition in the iwi aquaculture register only if—
a: the iwi aquaculture organisation is a mandated iwi organisation under the Maori Fisheries Act 2004
b: the trustee is satisfied that the constitution of the organisation authorises the organisation to act on behalf of its iwi in relation to aquaculture claims and settlement assets under this Act; and
c: in the case of a joint mandated iwi organisation (as defined in section 5 section 19
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
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), all rights and interests of the existing iwi aquaculture organisation under this Act become the rights and interests of the new iwi aquaculture organisation.
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)
5: To avoid doubt, section 50 Section 33(2) added 1 October 2011 section 12 Maori Commercial Aquaculture Claims Settlement Amendment Act 2011 Section 33(3) added 1 October 2011 section 12 Maori Commercial Aquaculture Claims Settlement Amendment Act 2011 Section 33(4) added 1 October 2011 section 12 Maori Commercial Aquaculture Claims Settlement Amendment Act 2011 Section 33(5) added 1 October 2011 section 12 Maori Commercial Aquaculture Claims Settlement Amendment Act 2011 Maori Commercial Aquaculture Settlement Trust
34: Maori Commercial Aquaculture Settlement Trust established
This section establishes a trust to be called the Maori Commercial Aquaculture Settlement Trust ( the trust
35: Purpose of trust
The purpose of the trust is to—
a: receive settlement assets from the Crown or regional councils; and
b: hold and maintain settlement assets on trust until they are transferred to an iwi aquaculture organisation; and
c: allocate settlement assets to iwi on the basis of a model set out in this Act; and
d: facilitate steps by iwi to meet the requirements for the allocation of settlement assets ; and
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 to 18 Section 35(d) amended 1 October 2011 section 13(1) Maori Commercial Aquaculture Claims Settlement Amendment Act 2011 Section 35(e) added 1 October 2011 section 13(2) Maori Commercial Aquaculture Claims Settlement Amendment Act 2011
36: Annual plan
The trustee must prepare an annual plan.
37: Trustee of trust
The trustee is the trustee of the trust.
38: Duties of trustee
1: The trustee must administer the settlement assets in accordance with this Act, including performing the following duties:
a: allocating and transferring settlement assets:
b: holding and administering settlement assets pending their allocation and transfer:
c: determining allocation entitlements:
d: maintaining an iwi aquaculture register and providing access to the register:
e: facilitating steps by iwi organisations to be recognised as iwi aquaculture organisations:
f: facilitating steps by iwi aquaculture organisations to reach agreement—
i: under section 45(4)
ii: about coastline and harbour claims for settlement assets allocation entitlements; and
iii: about the allocation and transfer of settlement assets:
g: notifying coastal endpoints in the Gazette
2: The trustee may undertake additional activities for related or ancillary purposes (such as facilitating and co-ordinating the development and use of settlement assets, and representing the interests of iwi) if the iwi concerned agree to the trustee doing so.
2A: The trustee may also enter into a regional agreement or otherwise agree to be bound by a regional agreement, and perform obligations and exercise rights under or in relation to the agreement.
2B: The trustee, in performing its functions under section 35(e)
3: The reasonable costs and expenses of the trustee in performing its duties under subsection (1) or its obligations referred to in subsections (2A) and (2B) Section 38(2A) inserted 30 March 2010 section 11(1) Maori Commercial Aquaculture Claims Settlement (Regional Agreements) Amendment Act 2010 Section 38(2B) inserted 1 October 2011 section 14(1) Maori Commercial Aquaculture Claims Settlement Amendment Act 2011 Section 38(3) amended 1 October 2011 section 14(2) Maori Commercial Aquaculture Claims Settlement Amendment Act 2011 Section 38(3) amended 30 March 2010 section 11(2) Maori Commercial Aquaculture Claims Settlement (Regional Agreements) Amendment Act 2010
39: Reporting requirements of trustee
1: In measuring its performance against the annual plan, the trustee must report annually, not later than 5 months after the end of each financial year, to iwi aquaculture organisations, recognised iwi organisations, and the chief executive of the Ministry of Fisheries.
2: In each annual report, the trustee must describe key activities undertaken by the trustee in relation to settlement assets and include the trustee's audited financial statements.
40: Reporting obligation
1: The trustee must—
a: hold a general meeting, not later than 8 months after the end of each financial year, to discuss and address issues arising from the annual report; and
b: provide, in a timely manner, to iwi aquaculture organisations, recognised iwi organisations, and the chief executive of the Ministry of Fisheries—
i: the minutes of every general meeting; and
ii: the annual report required by section 39
iii: the annual plan required by section 36
2: This section does not limit any reporting obligations arising under any other enactment or rule of law.
41: Obligation to establish and maintain iwi aquaculture register
1: The trustee must establish and maintain an iwi aquaculture register.
2: The purpose of the iwi aquaculture register is to provide a record, in respect of each iwi, of the matters set out in subsection (3).
3: Without limiting the scope of the iwi aquaculture register, the trustee must record in the iwi aquaculture register its decisions regarding—
a: its recognition of iwi aquaculture organisations; and
b: its determinations of settlement assets allocation entitlements; and
c: the receipt of settlement assets from the Crown, including—
i: their description and location; and
ii: how they are recorded under section 30(2) and (3)
iii: any decisions of the trustee that affect the potential value and risk profile of the settlement assets; and
iv: allocation of settlement assets to iwi aquaculture organisations or their nominees and the transfer of settlement assets to iwi aquaculture organisations or their nominees; and
v: transfer of settlement assets by or to iwi organisations; and
vi: any changes in the status of settlement assets; and
vii: the details required by section 51
42: Documentation relating to iwi aquaculture register
The trustee must preserve, for not less than 12 years after the date when the document comes into existence, every document relevant to the iwi aquaculture register, in respect of—
a: documents submitted in making a claim under section 31
b: records of the process by which settlement assets allocation entitlements are determined by the trustee; and
c: other documents that the trustee considers relevant to the matters set out in section 41
43: Access to iwi aquaculture register
The iwi aquaculture register must be available for access upon request by—
a: an iwi aquaculture organisation:
b: a member of an iwi that has an iwi aquaculture organisation:
c: a recognised iwi organisation:
d: the chief executive of the Ministry of Fisheries:
e: the chief executive of a regional council. Allocation of settlement assets
44: Determinations and allocations generally
1: The trustee must make its determinations as to settlement assets allocation entitlements and its allocation of settlement assets separately on the basis of the region of each regional council and each harbour listed in Schedule 2
2: However, if a written agreement referred to in section 45(4)
3: For a region or harbour, the trustee must make either—
a: a single determination for all of the settlement assets of the region or harbour; or
b: 1 or more determinations for the settlement assets of the region or harbour covered by a regional agreement and a single determination for all the other settlement assets of the region or harbour.
4: The trustee may amend a determination to give effect to a written agreement referred to in section 45(4) Section 44 substituted 30 March 2010 section 12 Maori Commercial Aquaculture Claims Settlement (Regional Agreements) Amendment Act 2010
45: Allocation of assets to iwi of region
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: Settlement assets must be allocated—
a: only to iwi whose territory abuts the coastline of the region in which the assets are situated; and
b: in accordance with settlement assets allocation entitlements determined and registered under section 31
3: The trustee must not determine settlement assets allocation entitlements in relation to a region until all iwi entitled to make a claim for assets in the region have had iwi aquaculture organisations recognised by the trustee , except in circumstances where the trustee exercises the discretion under section 49B
4: During the period specified in subsection (4A)
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.
5: Before determining the settlement assets allocation entitlements on the basis of a written agreement referred to in subsection (4), the trustee must be satisfied that all iwi aquaculture organisations for the region are parties to the agreement. Section 45(1) substituted 1 October 2011 section 15(1) Maori Commercial Aquaculture Claims Settlement Amendment Act 2011 Section 45(3) amended 12 April 2022 section 5 Maori Commercial Aquaculture Claims Settlement Amendment Act 2022 Section 45(4) amended 1 October 2011 section 15(2) Maori Commercial Aquaculture Claims Settlement Amendment Act 2011 Section 45(4A) inserted 1 October 2011 section 15(3) Maori Commercial Aquaculture Claims Settlement Amendment Act 2011
46: Criteria for agreement
In reaching an agreement for the purposes of sections 48 49
a: whether all iwi will be treated equitably based on the value and quality of the settlement assets to be transferred to them; and
b: the desirability of allocating settlement assets that are of an economic size.
47: Basis of allocation of settlement assets
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)
2: When allocating coastal settlement assets, the trustee must allocate to each iwi the same proportion of settlement assets for the regional coastline that the iwi coastline bears to the total regional coastline as described in a settlement assets allocation entitlement determined in accordance with section 31 Schedule 1
3: The trustee must allocate to an iwi whose territory abuts a harbour specified in Schedule 2
4: If more than 1 iwi has its territory abutting a harbour specified in Schedule 2
a: to consult each other:
b: to agree on the proportion of the harbour settlement assets for the harbour that must be attributed to each iwi and used subsequently by the iwi aquaculture organisation of each iwi in submitting claims for settlement assets allocation entitlements for that harbour.
5: If, after negotiating in good faith, the iwi aquaculture organisations cannot reach agreement under subsection (4), they may enter into the dispute resolution process provided for in sections 52 to 55 Section 47(1) substituted 1 October 2011 section 16 Maori Commercial Aquaculture Claims Settlement Amendment Act 2011
48: Allocation of settlement assets
1: This section applies when all settlement assets allocation entitlements in relation to a regional coastline or harbour have been determined.
2: A settlement asset may be allocated only in accordance with—
a: an agreement of the iwi aquaculture organisations of all the relevant iwi; or
b: failing that agreement,—
i: a determination under sections 52 to 55
ii: an exercise of the trustee’s discretion under section 49B
3: After the allocation of a settlement asset under subsection (2), the trustee must transfer the settlement assets to the iwi aquaculture organisations concerned in accordance with the agreement, determination, or exercise of discretion
4: However, subsection (3) does not prevent the trustee from transferring a settlement asset in accordance with section 50 Section 48(2)﻿(b) replaced 12 April 2022 section 6(1) Maori Commercial Aquaculture Claims Settlement Amendment Act 2022 Section 48(3) amended 12 April 2022 section 6(2) Maori Commercial Aquaculture Claims Settlement Amendment Act 2022
49: Partial allocation of settlement assets
1: An iwi aquaculture organisation may request the trustee to make a partial allocation of settlement assets if—
a: the iwi’s allocation entitlement for the settlement assets has been determined, but the entitlement of 1 or more other iwi to the settlement assets is yet to be determined; or
b: the iwi’s allocation entitlement to a portion, but not all, of the settlement assets has been determined; or
c: the trustee has earlier made an allocation and transfer under section 49B(1)
2: The trustee may make a partial allocation of settlement assets only in accordance with—
a: an agreement of the iwi aquaculture organisations of all the relevant iwi; or
b: failing that agreement,—
i: a determination under sections 52 to 55
ii: an exercise of the trustee’s discretion under section 49B
3: If the trustee makes a partial allocation of settlement assets under this section, the trustee—
a: must transfer settlement assets to any iwi aquaculture organisation—
i: whose entitlement to the assets has been determined; or
ii: in respect of which the trustee’s discretion has been exercised in accordance with section 49B
b: must not transfer settlement assets in respect of which the conditions set out in paragraph (a)﻿(i) or (ii) have not been met.
4: However, subsection (3) does not prevent the trustee from transferring a settlement asset in accordance with section 50
5: A partial allocation under subsection (2) must specify the relevant iwi aquaculture organisations with respect to the residual assets. Section 49 replaced 12 April 2022 section 7 Maori Commercial Aquaculture Claims Settlement Amendment Act 2022
49A: Circumstances in which trustee has discretion to allocate and transfer assets
The discretion provided to the trustee in section 49B
a: when the period specified in section 45(4A)
i: has expired at least 12 months earlier; or
ii: has not commenced because—
A: the trustee has not recognised an iwi aquaculture organisation for 1 or more iwi of the region; and
B: 24 months have passed since the first of the settlement assets for the region was allocated to the trustee; and
b: if any iwi aquaculture organisation does not hold the registered settlement assets allocation entitlements—
i: that are determined and registered under section 31 section 45(2)﻿(b)
ii: that are determined in accordance with section 49B section 48(2)﻿(b)﻿(ii)
iii: that are determined in accordance with sections 52 to 55 section 49(2)﻿(b)﻿(i)
iv: by the agreement of the iwi aquaculture organisations of all the relevant iwi in respect of the allocation of the settlement assets. Section 49A inserted 12 April 2022 section 7 Maori Commercial Aquaculture Claims Settlement Amendment Act 2022
49B: Discretion to allocate and transfer assets
1: In the circumstances specified in section 49A section 48(3)
2: However, a transfer of settlement assets under subsection (1) must be made in proportion to the length of coastline of the relevant iwi who agree on a partial allocation and that the trustee is satisfied is unlikely to be disputed.
3: This section overrides anything to the contrary in sections 44 to 49 Section 49B inserted 12 April 2022 section 7 Maori Commercial Aquaculture Claims Settlement Amendment Act 2022
49C: Limitations applying if iwi aquaculture organisation receives settlement assets under section 49B
1: An iwi aquaculture organisation, or a new organisation recognised in place of that organisation under section 33(2) section 49B
a: must not sell, exchange, or otherwise transfer the assets until it holds registered settlement assets allocation entitlements for the assets; and
b: must transfer the relevant portion of those assets to another iwi aquaculture organisation that becomes entitled to any portion of the assets, as a result of holding a registered settlement assets allocation entitlement,—
i: without consideration or compensation; and
ii: within 12 months after being notified of the entitlement.
2: This section applies in addition to, and does not limit, section 50 Section 49C inserted 12 April 2022 section 7 Maori Commercial Aquaculture Claims Settlement Amendment Act 2022
49D: Notification of determination to allocate and transfer assets under section 49B
When the trustee has determined to allocate and transfer assets in accordance with section 49B
a: the nature of the determination that has been made; and
b: the principal reasons for the determination; and
c: the right to dispute the determination under section 49E Section 49D inserted 12 April 2022 section 7 Maori Commercial Aquaculture Claims Settlement Amendment Act 2022
49E: Implementation of determination
1: The trustee must not implement a determination made under section 49B
a: 30 working days have passed since notice of the determination was given under section 49D
b: within that time, no iwi aquaculture organisation of a relevant iwi or recognised iwi organisation (for a relevant iwi that does not have an iwi aquaculture organisation) has initiated the dispute resolution process under sections 53 to 55
2: A dispute under section 52(ca)
a: the trustee; and
b: the iwi aquaculture organisations of all relevant iwi; and
c: the recognised iwi organisation of a relevant iwi that does not have an iwi aquaculture organisation.
3: Despite subsection (1), the trustee may implement a determination under section 49B
a: to the extent that it can be implemented without depriving an iwi aquaculture organisation of a relevant iwi or recognised iwi organisation (for a relevant iwi that does not have an iwi aquaculture organisation) that disputes the determination of the benefit of the dispute resolution process under sections 53 to 55
b: if the iwi aquaculture organisation of each relevant iwi or each recognised iwi organisation (for relevant iwi that do not have an iwi aquaculture organisation) notifies the trustee in writing within the period referred to in subsection (1)﻿(a) that the organisation does not intend to invoke the dispute resolution process.
4: A waiver notified in accordance with subsection (3)﻿(b) is binding on the iwi aquaculture organisation or recognised iwi organisation that issues it. Section 49E inserted 12 April 2022 section 7 Maori Commercial Aquaculture Claims Settlement Amendment Act 2022
50: Transfer of authorisations or coastal permits
1: An iwi aquaculture organisation or a company under the Companies Act 1993
a: given notice of the proposed transfer to the adult members of the iwi; and
b: obtained the prior approval of not less than 75% of the adult members of the iwi who vote—
i: at a general meeting of the iwi aquaculture organisation called for the purpose; or
ii: by postal ballot.
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
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.
3: A notice given under subsection (1)﻿(a) must specify—
a: the approximate proportion of the total value of settlement assets held by the iwi aquaculture organisation that is affected by the proposed transfer; and
b: the settlement assets affected by the proposed transfer; and
c: a reasonable estimate of the likely market value of the settlement assets affected.
4: An approval obtained under subsection (1)﻿(b) may authorise the iwi aquaculture organisation or company to transfer or ask the trustee to transfer—
a: specified settlement assets; or
b: not more than a specified proportion of settlement assets.
5: An approval obtained under subsection (1)﻿(b)—
a: has effect on and from the date on which it is given; and
b: expires 12 months after that date.
6: This section applies subject to sections 135 165M
7: In this section,— adult general meeting
a: all adult members of the iwi are entitled to attend; and
b: complies with the constitutional documents of the iwi aquaculture organisation member of an iwi section 5 Section 50(2) substituted 1 October 2011 section 17 Maori Commercial Aquaculture Claims Settlement Amendment Act 2011
51: Transfer of settlement assets to be entered on iwi aquaculture register
1: The trustee must enter on the iwi aquaculture register details of every transfer of settlement assets made by the trustee or an iwi aquaculture organisation that is subject to section 50(1)
2: For the purpose of subsection (1), an iwi aquaculture organisation must notify the trustee of the details of a transfer of settlement assets that is subject to section 50(1) Dispute resolution
52: Application
Sections 53 to 55
a: between the trustee and an iwi over whether an organisation should be recognised or continue to be recognised by the trustee as an iwi aquaculture organisation:
b: between iwi aquaculture organisations over information to be used to support a claim under Schedule 1
c: between the trustee and 1 or more iwi aquaculture organisations over a determination of settlement assets allocation entitlements under section 45(4) Schedule 1
ca: between the trustee and 1 or more iwi aquaculture organisations or a recognised iwi organisation (for a relevant iwi that does not have an iwi aquaculture organisation) over an exercise of the trustee’s discretion under section 49B section 49
d: between iwi aquaculture organisations over the proportional allocation of entitlements to be attributed to iwi in relation to a harbour listed in Schedule 2
e: between iwi aquaculture organisations over the allocation of settlement assets under section 48 section 49
f: between an adult member of an iwi and the iwi over whether, in relation to a matter within the scope of this Act, a decision, act, or omission of the iwi's aquaculture organisation complies or is consistent with this Act or the constitutional documents or policies of the iwi aquaculture organisation. Section 52(ca) inserted 12 April 2022 section 8 Maori Commercial Aquaculture Claims Settlement Amendment Act 2022
53: Resolution of disputes
If a dispute arises in relation to a matter referred to in section 52
a: endeavour to agree on a process for resolving the dispute, including (but not limited to) all or any of the following:
i: further negotiations:
ii: mediation:
iii: determination of the dispute by an independent expert; and
b: before proceeding to take any other action under this subpart, engage in the process agreed under paragraph (a).
54: Reference to Maori Land Court
1: This section applies if resolution is unable to be reached under section 53
2: A party to a dispute may refer the dispute to the Maori Land Court under section 26P
a: advice on an appropriate dispute resolution process for the purposes of section 53
b: a non-binding ruling on a question of fact or law to assist in the conduct of the dispute resolution process.
3: The Maori Land Court may make a determination under section 26Q section 53
55: Effect of right to make reference to Maori Land Court
1: This section applies to a dispute that may be referred to the Maori Land Court under section 54
2: Until the dispute has been determined under section 26Q
a: apply for review under the Judicial Review Procedure Act 2016
b: commence proceedings for a writ of, or in the nature of, mandamus, prohibition, or certiorari, or a declaration or injunction in relation to that decision. Section 55(2)﻿(a) amended 1 March 2017 section 24 Judicial Review Procedure Act 2016 Miscellaneous provisions
56: Further redress if disproportionate reduction in space in relation to settlement assets
1: This section applies if—
a: a regional coastal plan is changed; and
b: the change has the effect of reducing space available in the coastal marine area for aquaculture activities; and
c: the effect of the reduction in relation to settlement assets of an iwi aquaculture organisation in a region is disproportionately greater than the overall reduction of space in the region for aquaculture activities.
2: If this section applies, the iwi aquaculture organisation may apply to the Minister
3: If the Minister Section 56(2) amended 1 October 2011 section 4(4) Maori Commercial Aquaculture Claims Settlement Amendment Act 2011 Section 56(3) amended 1 October 2011 section 4(4) Maori Commercial Aquaculture Claims Settlement Amendment Act 2011
57: Aquaculture settlement register
1: The chief executive of the Ministry of Fisheries must keep and maintain an aquaculture settlement register, and enter in the register information prescribed by regulations.
2: The chief executive is not required to verify the accuracy of the information entered in the register.
58: Regulations
1: The Governor-General may by Order in Council make regulations—
a: requiring regional councils, the trustee, and iwi aquaculture organisations to provide information to the chief executive of the Ministry of Fisheries in order to assist the Crown to meet its obligations under this Act; and
b: providing for the chief executive of the Ministry of Fisheries to keep the information provided under paragraph (a) in a register; and
c: providing for—
i: annual reports and annual plans to be prepared by the trustee; and
ii: the auditing of the operations of the trust; and
iii: additional requirements in relation to the trustee's accountability to iwi aquaculture organisations; and
iv: additional requirements in relation to keeping and maintaining the aquaculture settlement register; and
v: any other additional requirements in relation to the role of the trustee under this Act; and
d: providing for notation referring to settlement space on authorisations and coastal permits transferred to the trustee for allocation to iwi aquaculture organisations.
2: Regulations made under subsection (1)﻿(c) may be made only on the recommendation of the Minister
3: Regulations under this section are secondary legislation ( see Part 3 The following table is small in size and has 3 columns that are grouped under the heading Legislation Act 2019 requirements for secondary legislation made under this section. Legislation Act 2019 requirements for secondary legislation made under this section Publication PCO must publish it on the legislation website and notify it in the Gazette LA19 s 69(1)﻿(c) Presentation The Minister must present it to the House of Representatives LA19 s 114 cl 32(1)﻿(a) Disallowance It may be disallowed by the House of Representatives LA19 ss 115 116 This note is not part of the Act. Section 58(2) amended 1 October 2011 section 4(4) Maori Commercial Aquaculture Claims Settlement Amendment Act 2011 Section 58(3) inserted 28 October 2021 section 3 Secondary Legislation Act 2021
59: Certain harbours to be added to Schedule 2
1: The Governor-General may, by Order in Council made on the recommendation of the Minister Schedule 2
2: The Minister
3: An order under this section is secondary legislation ( see Part 3 The following table is small in size and has 3 columns that are grouped under the heading Legislation Act 2019 requirements for secondary legislation made under this section. Legislation Act 2019 requirements for secondary legislation made under this section Publication PCO must publish it on the legislation website and notify it in the Gazette LA19 s 69(1)﻿(c) Presentation The Minister must present it to the House of Representatives LA19 s 114 cl 32(1)﻿(a) Disallowance It may be disallowed by the House of Representatives LA19 ss 115 116 This note is not part of the Act. Section 59(1) amended 1 October 2011 section 4(4) Maori Commercial Aquaculture Claims Settlement Amendment Act 2011 Section 59(2) amended 1 October 2011 section 4(4) Maori Commercial Aquaculture Claims Settlement Amendment Act 2011 Section 59(3) inserted 28 October 2021 section 3 Secondary Legislation Act 2021
60: Amendments to Foreshore and Seabed Act 2004
(1)–(4): Amendment(s) incorporated in the Act(s)
5: Subsection (1) is deemed to have come into force on the commencement of section 18