Maori Fisheries Act 2004

Reprint as at 1 September 2017

Coat of Arms of New Zealand

Maori Fisheries Act 2004

Public Act
 
2004 No 78
Date of assent
 
25 September 2004
Commencement
 
see section 2
Note

Changes authorised by subpart 2 of Part 2 of the Legislation Act 2012 have been made in this official reprint.

Note 4 at the end of this reprint provides a list of the amendments incorporated.

This Act is administered by the Ministry for Primary Industries.

Contents

Preamble
1Title
2Commencement
3Purposes
4Outline of Act
5Interpretation
6Act binds the Crown
7Classification of new quota
8Basis for classifying stock under section 7
9Alternative basis for classification of new quota
10Population of an iwi
11Registered coastline entitlements
12Functions and powers of mandated iwi organisations
13Recognition of mandated iwi organisations
14Criteria for recognition of mandated iwi organisation
15Recognition of iwi governance entity
16Functions and powers of asset-holding companies
17Constitutional documents
18Changes to constitutional documents
18AInterpretation
18BRequirements for recognition of new mandated iwi organisation
18CRequirements relating to constitutional documents of new organisation
18DProposed transfer date if recognition requirements met
18ERecognition of new mandated iwi organisation and transfer of specified settlement assets
18FCertain effects of recognition of new organisation
18GRemedy if specified settlement assets not transferred
19Interpretation
20Withdrawal of group from joint mandated iwi organisation
21Recognition of mandated iwi organisation of withdrawing group
22Transfer of assets
23Voting rights
24Status of Ngati Hine and Rongomaiwahine
25Further criteria may be prescribed
26Benefit to persons who are not members of iwi
27Functions and powers of recognised iwi organisations
28Status of recognised iwi organisations
29Representative Maori organisations
30Outline of this Part
31Te Ohu Kai Moana to be established
32Purpose of Te Ohu Kai Moana
33Trustee of Te Ohu Kai Moana
34Duties of Te Ohu Kai Moana Trustee Limited
35Functions of Te Ohu Kai Moana Trustee Limited
36Trust deed of Te Ohu Kai Moana
37Matters to be included in annual plan
38Annual report of Te Ohu Kai Moana Trustee Limited
39Consultation and other reporting obligations
40Obligation to establish and maintain iwi register
41Review of revenue requirements
42Scope of revenue review
43Allocation and transfer of surplus loan funds
44Constitution of Te Ohu Kai Moana Trustee Limited
45First directors of Te Ohu Kai Moana Trustee Limited
46Subsequent appointments
47Term of office of directors
48Eligibility for office of director
49Removal of directors
50Effect of vacancy in membership of Te Ohu Kai Moana Trustee Limited
51Documentation relating to iwi register
52Access to iwi register
53Policy on iwi register
54Procedures for making or amending rules
55Establishment of Te Kawai Taumata
56Sole function of Te Kawai Taumata
57Membership of Te Kawai Taumata
58Alternate members of Te Kawai Taumata
59Eligibility for membership of Te Kawai Taumata
60Establishment of Aotearoa Fisheries Limited
61Duty of Aotearoa Fisheries Limited
62Requirements for constitution
63Directors of Aotearoa Fisheries Limited
64Restrictions on appointment of directors
65Directors of subcompanies
66Voting shares
67Income shares
68Additional income shares
69Disposal of income shares by mandated iwi organisations
70Process for disposal of income shares by mandated iwi organisations
71Disposal of income shares by Te Ohu Kai Moana Trustee Limited
72Other constraints on disposal of income shares
73Remedy for breach of sections 69 to 72
74Exceptions to restrictions on disposal of income shares
75Transfer of assets to Aotearoa Fisheries Limited
76Payment of dividends by Aotearoa Fisheries Limited
77Circumstances when payments not required
78Interpretation
79Establishment of Te Putea Whakatupu Trust
80Trustee of Te Putea Whakatupu Trust
81Purpose of Te Putea Whakatupu Trust
82Benefits of Trust
83Functions of Te Putea Whakatupu Trustee Limited
84Contents of trust deed of Te Putea Whakatupu Trust
85Annual plan of Te Putea Whakatupu Trustee Limited
86Reporting obligations of Te Putea Whakatupu Trustee Limited
87Constitution of Te Putea Whakatupu Trustee Limited
88Requirements for appointment of directors
89Eligibility for office of director
90Payments to Te Putea Whakatupu Trustee Limited
91Interpretation
92Establishment of Te Wai Maori Trust
93Trustee of Te Wai Maori Trust
94Purpose of Te Wai Maori Trust
95Functions of Te Wai Maori Trustee Limited
96Contents of trust deed of Te Wai Maori Trust
97Annual plan of Te Wai Maori Trustee Limited
98Distributions of trust income
99Reporting obligations of Te Wai Maori Trustee Limited
100Constitution of Te Wai Maori Trustee Limited
101Criteria for appointment of directors
102Eligibility for office of director
103Payments to Te Wai Maori Trustee Limited
104Interpretation
105Audits
106Subsequent audits
107Person to conduct audit
108General scope of audits
109Audit of Te Ohu Kai Moana Trustee Limited
110Audit of Aotearoa Fisheries Limited
111Audits of Te Putea Whakatupu Trustee Limited and Te Wai Maori Trustee Limited
112Procedure for auditor and entity audited
113Procedure for Te Ohu Kai Moana Trustee Limited
114Review of entities
115Funding of reviews
116Committee of representatives
117Appointment procedure
118Functions of committee of representatives
119Terms of reference
120Procedure and remuneration of committee of representatives
121Reviewer
122Scope of review
123Further relevant considerations
124Limits to recommendations that may be made
125Report on review
126Consideration of review report by entity under review
127Consideration of review report
128Information requested by auditor or reviewer
129Outline of this Part
130Duty to allocate and transfer settlement assets
131Interpretation
132Application of sections 133 and 134
133Procedure if request made under section 132(2)
134Allocation and transfer after request under section 132(2)
135Discretion to allocate and transfer
136Limitations applying if mandated iwi organisation receives settlement quota under section 135
137Transfer of money
138Allocation of surplus funds
138AAllocation and transfer of New Zealand units
139Allocation of income shares
140Allocation of inshore quota
141Allocation of deepwater quota
142Chatham Island allocations
143Allocation of quota within harbours
144Allocation of settlement quota in quota management areas same as Fishery Management Area 4
145Allocation of settlement quota in quota management areas same as Fishery Management Area 6
146Allocation of settlement quota in quota management areas same as Fishery Management Area 10
147Allocation of settlement quota for highly migratory species
147ARecalculation of allocations of deepwater stock
147BAllocation of reduced number of quota shares
148Allocation of freshwater quota
148AConsequence of altering quota management area
149Additional cash in lieu of shortfall in settlement quota
150Specific cash transfers to certain iwi
151Transfer of allocated settlement quota
152Offer of annual catch entitlement
153When settlement assets must be held in trust
154Status of settlement assets
155Outline of this Part
156Interpretation
157Registration of settlement quota interests
158General restriction on transfer of settlement quota
159Quota may be treated as settlement quota
160Application for registration
161Restrictions on disposal of settlement quota
162Prerequisites to sale of settlement quota
163Offer of option to purchase
164Procedure for selling bundle of assets
165Procedure to determine right to purchase
166Basis on which sale must proceed
167Other constraints on disposal
168Application of this subpart to Te Ohu Kai Moana Group
169When sale of settlement quota must be allowed
170Remedy for breach of requirements under this subpart
171Settlement quota sold to wholly-owned entities
172Rationalisation of small parcels of settlement quota
173Exception for quota exchanges
174Procedure and criteria for exchange
175Remedy for breach of restrictions
176Additional rules
177Outline of this Part
178Purpose of this Part
179Notification of specified decisions
180Application of this Part to specified decisions
181Resolution of disputes
182Reference to Maori Land Court
183Effect of reference or application etc to Maori Land Court
184Implementation of decision
185Powers of Te Ohu Kai Moana Trustee Limited in relation to mandated iwi organisations
186Other powers not limited
187Dispute resolution in relation to reorganisation of specified mandated iwi organisations
188Outline of this Part
189Interpretation
190Powers of Treaty of Waitangi Fisheries Commission
191Agreements for sale of annual catch entitlements
192Certain exemptions saved
193Validation of certain decisions, etc
194Treaty of Waitangi Fisheries Commission dissolved and existing undertaking vested
195Payment of taxation refunds (if any)
196Classification of quota shares allocated to Treaty of Waitangi Fisheries Commission
197Final report of Treaty of Waitangi Fisheries Commission
198References in instruments
199Status of contracts and other instruments
200Status of existing securities
201Continuation of proceedings
202Matters not affected by transfer to Te Ohu Kai Moana Trustee Limited
203Books and documents to remain evidence
204Registers
205Interpretation
206Liability of employees and agents
207Transfer of existing employees
208Terms and conditions of employment of transferred employees
209Continuity of employment
210No compensation for technical redundancy
211Application of Inland Revenue Acts and other enactments
212Protection of names
213Enactment repealed
214Amendments to other enactments
Reprint notes