Maori Fisheries Amendment Act 2006

1: Title
This Act is the Maori Fisheries Amendment Act 2006.
2: Commencement
This Act comes into force on the day after the date on which it receives the Royal assent.
3: Principal Act amended
This Act amends the Maori Fisheries Act 2004
4: Obligation to establish and maintain iwi register
Section 40(3)(d) 10A or clause
5: New heading and sections 147A and 147B inserted
The following heading and sections are inserted after section 147 Adjustments to number of quota shares available for distribution
147A: Recalculation of allocations of deepwater stock
1: Subsection (2)
a: the number of shares for a stock available for distribution is reduced by the application of section 23(1) of the Fisheries Act 1996 section 28N of the Fisheries Act 1983
b: deepwater stock has been allocated to an iwi under section 141 or 142
c: the quota shares have not been transferred to the iwi.
2: Te Ohu Kai Moana Trustee Limited must recalculate the number of quota shares allocated to an iwi, and amend the register accordingly.
147B: Allocation of reduced number of quota shares
The number of quota shares listed in the third column of Schedule 1 section 23(1) of the Fisheries Act 1996 section 28N of the Fisheries Act 1983.
6: New heading and section 148A inserted
The following heading and section are inserted after section 148 Alteration of quota management areas under Fisheries Act 1996
148A: Consequence of altering quota management area
1: This section applies to Te Ohu Kai Moana Trustee Limited if—
a: a quota management area is altered under section 25 of the Fisheries Act 1996
b: settlement quota for that area has not been fully allocated under this Act.
2: Te Ohu Kai Moana Trustee Limited must—
a: first calculate all entitlements to settlement quota for the relevant stock as if the quota management area had not been altered under section 25 of the Fisheries Act 1996
b: then convert the amount of the quota shares for the stock to the shares relevant to the altered quota management area, applying the method set out in either—
i: the quota owner agreement entered into under section 25A of the Fisheries Act 1996
ii: the plan approved by the Minister under section 25B of the Fisheries Act 1996
7: Schedule 1 amended
1: Part 1
a: in relation to the item BNS2, 9 720 632 8 680 520
b: in relation to the item SCH3, 9 999 845 8 775 780
c: in relation to the item SCH7, 10 000 000 8 812 748
d: in relation to the item SCH8, 10 000 000 9 876 709
e: in relation to the item SPO2, 9 998 056 9 574 340
f: in relation to the item TAR2, 10 000 000 9 865 861
g: in relation to the item TAR3, 9 999 401 9 593 345
2: Part 2
a: in relation to the item CHC1, IN DW
b: in relation to the item CHC2, IN DW
c: in relation to the item CHC3, IN DW
d: in relation to the item CHC4, IN† DW†
e: in relation to the item CHC5, IN† DW†
f: in relation to the item CHC6, IN DW
g: in relation to the item CHC7, IN DW
h: in relation to the item CHC8, IN DW
i: in relation to the item CHC9, IN DW
8: Schedule 6 amended
1: Clause 4
5: To avoid doubt, this clause does not apply to a claim for harbour quota.
2: Schedule 6 clause 10
10A: Determination of entitlements for harbour quota
1: This clause applies when Te Ohu Kai Moana Trustee Limited, after receiving a coastline claim for harbour quota,—
a: has verified the matters set out in clause 10(1)(a) and (b)
b: is satisfied as to the matters set out in clause 10(1)(c)
2: Te Ohu Kai Moana Trustee Limited must determine coastline entitlements for harbour quota by multiplying the percentage set out in the claim (as required by clause 3(2)(c)
3: For each harbour quota stock, the percentage set out in the claim and the number of shares resulting from the calculation made under subclause (2)
3: The heading to clause 11 other than for harbour quota
4: Schedule 6 clause 11
11A: Recalculation of entitlements
1: Subsection (2)
a: the number of shares for a stock available for distribution is reduced by the application of section 23(1) of the Fisheries Act 1996 section 28N of the Fisheries Act 1983
b: an iwi entitlement to a stock has been calculated and registered under clause 10A or 11
c: the quota shares have not been transferred to the iwi.
2: Te Ohu Kai Moana Trustee Limited must recalculate the number of shares of the entitlement and amend the register.
9: Validation
1: Subsection (2)
a: Te Ohu Kai Moana Trustee Limited has applied under section 157
b: the chief executive has registered a settlement quota interest against quota shares under section 152A Fisheries Act 1996
2: An application or registration referred to in subsection (1) section 7(1)
3: Subsection (4) section 7(1)
4: Every allocation and transfer referred to in subsection (3)