Treaty of Waitangi (Fisheries Claims) Settlement Act 1992

1: Short Title and commencement
1: This Act may be cited as the Treaty of Waitangi (Fisheries Claims) Settlement Act 1992.
2: Except as provided in subsection (3), this Act shall come into force on a date to be appointed by the Governor-General by Order in Council; and 1 or more Orders in Council may be made bringing different sections into force on different dates.
3: Section 8
4: 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 1(2) brought into force 23 December 1992 Treaty of Waitangi (Fisheries Claims) Settlement Act Commencement Order 1992 Section 1(4) inserted 28 October 2021 section 3 Secondary Legislation Act 2021
1: Provisions relating to settlement of Maori fisheries claims against the Crown
2: Interpretation
In this Act, unless the context otherwise requires,— BIL Director-General Maori BIL Joint Venture Maori Fisheries Negotiators Minister Sealords
3: Interpretation of Act generally
It is the intention of Parliament that the provisions of this Act shall be interpreted in a manner that best furthers the agreements expressed in the Deed of Settlement referred to in the Preamble.
4: Act to bind the Crown
This Act binds the Crown.
5: Purchase of Sealords by Maori BIL Joint Venture
Notwithstanding any other enactment or rule of law,—
a: the Director-General may issue to Sealords a permit under section 63
b: the Minister or the Director-General, as the case may be, may exercise the powers conferred by section 28W(3) section 28Z(9)
6: Crown to indemnify Treaty of Waitangi Fisheries Commission against certain liability for goods and services tax
The Crown shall indemnify the Treaty of Waitangi Fisheries Commission against any liability to pay goods and services tax under the Goods and Services Tax Act 1985
7: Payment of $150,000,000 to Maori
The Crown shall pay out of money appropriated by Parliament, in accordance with clause 3.1 of the Deed of Settlement between the Crown and Maori dated 23 September 1992, the sum of $150,000,000.
8: Payment of special dividend by Aotearoa Fisheries Limited
1: The board of directors of Aotearoa Fisheries Limited is hereby deemed to have declared a special dividend of $17,500,000 in favour of the Maori Fisheries Commission, which special dividend shall be payable to the Commission not later than 5 days after receipt by Aotearoa Fisheries Limited of a notice from the Commission requesting payment of that amount.
2: For the avoidance of doubt, it is hereby declared that no person shall be liable either civilly or criminally by reason only of the company's payment to the Commission of the amount specified in subsection (1).
9: Effect of Settlement on commercial Maori fishing rights and interests
It is hereby declared that—
a: all claims (current and future) by Maori in respect of commercial fishing—
i: whether such 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, coastal, or inland fisheries, including any commercial aspect of traditional fishing; and
iii: whether or not such claims have been the subject of adjudication by the courts or any recommendation from the Waitangi Tribunal,— having been acknowledged, and having been satisfied by the benefits provided to Maori by the Crown under the Maori Fisheries Act 1989
b: the obligations of the Crown to Maori in respect of commercial fishing are hereby fulfilled, satisfied, and discharged; and no court or tribunal shall have jurisdiction to inquire into the validity of such claims, the existence of rights and interests of Maori in commercial fishing, or the quantification thereof, the validity of the Deed of Settlement referred to in the Preamble, or the adequacy of the benefits to Maori referred to in paragraph (a); and
c: all claims (current and future) in respect of, or directly or indirectly based on, rights and interest of Maori in commercial fishing are hereby fully and finally settled, satisfied, and discharged.
10: Effect of Settlement on non-commercial Maori fishing rights and interests
It is hereby declared that claims by Maori in respect of non-commercial fishing for species or classes of fish, aquatic life, or seaweed that are subject to the Fisheries Act 1983
a: shall, in accordance with the principles of the Treaty of Waitangi
b: the Minister, acting in accordance with the principles of the Treaty of Waitangi
i: consult with tangata whenua about; and
ii: develop policies to help recognise— use and management practices of Maori in the exercise of non-commercial fishing rights; and
c: the Minister shall recommend to the Governor-General in Council the making of regulations pursuant to section 89
d: the rights or interests of Maori in non-commercial fishing giving rise to such claims, whether such claims are founded on rights arising by or in common law (including customary law and aboriginal title), the Treaty of Waitangi
i: are not enforceable in civil proceedings; and
ii: shall not provide a defence to any criminal, regulatory, or other proceeding,— except to the extent that such rights or interests are provided for in regulations made under section 89
11: Provisions relating to certain civil proceedings
1: The proceedings referred to in subsection (2) that have not been discontinued before the commencement of this Act are hereby discontinued.
2: The proceedings to which subsection (1) applies are the following:
a: Te Runanga o Muriwhenua Inc v Attorney-General and others
b: HR Tau, the Ngai Tahu Maori Trust Board v Attorney-General and others
c: The New Zealand Maori Council and others v Attorney-General and others
d: Robert Te Kotahi Mahuta and others v Attorney-General and others
e: The Hon Matiu Rata and others v Attorney-General and others
f: Robert Te Kotahi Mahuta and another v Attorney-General and others
g: J Henare and others v Attorney-General and others
h: T or SG O'Regan and another v Attorney-General and others
i: J Henare and others v Attorney-General and others
j: CJ Pile v Attorney-General
3: All interim orders made and all undertakings given by the parties, in respect of any proceedings referred to in subsection (2), being orders and undertakings in force immediately before the commencement of this Act, are hereby cancelled.
4: Every declaration made before the commencement of this Act under section 28B Part 2A
2: Amendments to other enactments
Maori fisheries Heading repealed 29 November 2004 section 214 Maori Fisheries Act 2004
12: Sections to be read with Maori Fisheries Act 1989
Section 12 repealed 29 November 2004 section 214 Maori Fisheries Act 2004
13: Interpretation
Section 13 repealed 29 November 2004 section 214 Maori Fisheries Act 2004
14: Change of name of Commission
Section 14 repealed 29 November 2004 section 214 Maori Fisheries Act 2004
15: Additional functions
Section 15 repealed 29 November 2004 section 214 Maori Fisheries Act 2004
16: Membership of Commission
Section 16 repealed 29 November 2004 section 214 Maori Fisheries Act 2004
17: Powers
Section 17 repealed 29 November 2004 section 214 Maori Fisheries Act 2004
18: New Schedule 1A inserted
Section 18 repealed 29 November 2004 section 214 Maori Fisheries Act 2004
19: Repeals
Section 19 repealed 29 November 2004 section 214 Maori Fisheries Act 2004
20: Provisions relating to settlement of Maori claims relating to commercial fisheries
Section 20 repealed 29 November 2004 section 214 Maori Fisheries Act 2004 Fisheries Heading repealed 1 October 2001 section 314(2)﻿(p) Fisheries Act 1996
21: Sections to be read with Fisheries Act 1983
Section 21 repealed 1 October 2001 section 314(2)﻿(p) Fisheries Act 1996
22: Interpretation
Section 22 repealed 1 October 2001 section 314(2)﻿(p) Fisheries Act 1996
23: Declaration that species or class of fish subject to quota fishing
Section 23 repealed 1 October 2001 section 314(2)﻿(p) Fisheries Act 1996
24: Matters to be taken into account in determining or varying any total allowable commercial catch
Section 24 repealed 1 October 2001 section 314(2)﻿(p) Fisheries Act 1996
25: Interpretation
Section 25 repealed 1 October 2001 section 314(2)﻿(p) Fisheries Act 1996
26: Minimum holdings of quota and interests in quota
Section 26 repealed 1 October 2001 section 314(2)﻿(p) Fisheries Act 1996
27: Power of Crown to acquire, hold, transfer, lease, or cancel quotas
Section 27 repealed 1 October 2001 section 314(2)﻿(p) Fisheries Act 1996
28: Restriction on amount of quota that may be held by any one person
Section 28 repealed 1 October 2001 section 314(2)﻿(p) Fisheries Act 1996
29: Assessment of deemed value of fish
Section 29 repealed 1 October 2001 section 314(2)﻿(p) Fisheries Act 1996
30: Declaration of controlled fisheries
Section 30 repealed 1 October 2001 section 314(2)﻿(p) Fisheries Act 1996
31: Restrictions on licences in certain cases
Section 31 repealed 1 October 2001 section 314(2)﻿(p) Fisheries Act 1996
32: Closed season in exclusive economic zone
Section 32 repealed 1 October 2001 section 314(2)﻿(p) Fisheries Act 1996
33: Limitation of Act
Section 33 repealed 1 October 2001 section 314(2)﻿(p) Fisheries Act 1996
34: Regulations
Section 34 repealed 1 October 2001 section 314(2)﻿(p) Fisheries Act 1996
35: Fish in excess of certain quantities deemed to have been acquired or possessed for purposes of sale
Section 35 repealed 1 October 2001 section 314(2)﻿(p) Fisheries Act 1996
36: Variation of resource rentals by Order in Council
Section 36 repealed 1 October 1994 section 8(3)﻿(e) Fisheries Amendment Act 1994
37: Fisheries (Amateur Fishing) Regulations 1986
Section 37 repealed 1 October 2001 section 314(2)﻿(p) Fisheries Act 1996
38: Schedule 1 amended
Section 38 repealed 1 October 2001 section 314(2)﻿(p) Fisheries Act 1996 Treaty of Waitangi
39: Sections to be read with Treaty of Waitangi Act 1975
This section and the next succeeding section shall be read together with and deemed part of the Treaty of Waitangi Act 1975
40: Jurisdiction of Tribunal to consider claims
Amendment(s) incorporated in the Act(s). Fishing Industry Board
41: Sections to be read with Fishing Industry Board Act 1963
This section and the next 2 succeeding sections shall be read together with and deemed part of the Fishing Industry Board Act 1963
42: Establishment of New Zealand Fishing Industry Board
Amendment(s) incorporated in the Act(s).
43: Committees
Amendment(s) incorporated in the Act(s). Conservation
44: Sections to be read with Conservation Act 1987
This section and the next succeeding section shall be read together with and deemed part of the Conservation Act 1987
45: Guardians of Lakes Manapouri, Monowai, and Te Anau
Amendment(s) incorporated in the Act(s).