New Zealand Legislation: Acts
Acts are laws made by Parliament
In this Act, unless the context otherwise requires,—
adult member means a person 18 years of age or over
allocate,—
(a) in respect of settlement assets, means the determination of the quantum of those assets to be transferred to an iwi; but
(b) does not include—
(i) the transfer of those assets by Te Ohu Kai Moana Trustee Limited; or
(ii) distributions made under section 83(b) or section 95(b); or
(iii) grants of assistance made under section 35(1)(h)
annual catch entitlement has the meaning given to it in section 2(1) of the Fisheries Act 1996
Aotearoa Fisheries Limited means the company established in accordance with section 60
appointed day means the day specified as the appointed day by the Governor-General by Order in Council made on the recommendation of the Minister at the request of the Treaty of Waitangi Fisheries Commission, being a day not later than 45 working days after the commencement of this Act
asset-holding company means a company—
(a) established as required by section 12(1)(d); and
(b) that complies with section 16(1) and (2); and
(c) whose constitutional documents comply with the relevant requirements of sections 17 and 18
beneficiary of the Deed of Settlement means iwi and, through iwi, ultimately all Maori
Chatham zone has the meaning set out in section 142
coastline entitlement means a registered coastline entitlement obtained in accordance with Schedule 6
committee of representatives means a committee established under section 116 with the functions provided for by section 118
constitutional documents, in relation to a company, trust, or other entity set up for the purposes of this Act, means the constitution, trust deed, or rules adopted for the governance of the company, trust, or other entity
Court—
(a) means the District Court or, where proceedings are commenced in the High Court, the High Court; but
(b) does not include the Maori Land Court
Deed of Settlement means the Deed of Settlement dated 23 September 1992 signed by the Crown and Maori and referred to in the Treaty of Waitangi (Fisheries Claims) Settlement Act 1992
deepwater quota means—
(a) the settlement quota identified in Schedule 1 as DW; and
(b) the quota of any new quota management stocks brought into the quota management system under section 18 of the Fisheries Act 1996 that Te Ohu Kai Moana Trustee Limited determines to be deepwater quota under section 7
earnings means interest and dividends
financial year means the period of 12 consecutive months nominated in a constitutional document as the financial year of the entity concerned
fisheries has the meaning given to fisheries resources in section 2(1) of the Fisheries Act 1996
Fishery Management Area means a Fishery Management Area defined in Parts 1 and 2 of Schedule 1 of the Fisheries Act 1996
fishing has the meaning given to it in section 2(1) of the Fisheries Act 1996
fishing permit has the meaning given to it in section 2(1) of the Fisheries Act 1996
fishing year has the meaning given to it in section 2(1) of the Fisheries Act 1996
freshwater means the waters of rivers, streams, lakes, ponds, estuaries, lagoons, wetlands, canals, impoundments, channels, or water courses, whether occurring naturally or artificially made
freshwater fisheries and freshwater fishing have the meanings set out in section 91
freshwater quota means—
(a) the settlement quota identified in Schedule 1 as FW; and
(b) the quota of any new quota management stocks brought into the quota management system under section 18 of the Fisheries Act 1996 that Te Ohu Kai Moana Trustee Limited determines to be freshwater quota under section 7
general meeting means an annual or special meeting that,—
(a) in the case of a meeting convened by Te Ohu Kai Moana Trustee Limited, is open to—
(i) all mandated iwi organisations and the members of the iwi represented by each mandated iwi organisation; and
(ii) all representative Maori organisations and their members; and
(iii) the members and alternate members of Te Kawai Taumata; and
(b) in the case of a meeting convened by a mandated iwi organisation, is open to all members of the iwi; and
(c) in each case, complies with the constitutional documents of the organisation convening the meeting
general power of sale means a power included in the constitutional documents of Te Ohu Kai Moana Trustee Limited or any entity within Te Ohu Kai Moana Group to provide by special resolution for the sale, in accordance with any specified terms and conditions, of income shares or settlement quota, but without obtaining a specific power of sale by special resolution
harbour quota means—
(a) that part of the settlement quota listed in Schedule 1 that is quantified in Part 2 of Schedule 2; and
(b) the number of quota shares of any new quota management stocks brought into the quota management system under section 18 of the Fisheries Act 1996 that Te Ohu Kai Moana Trustee Limited determines to be harbour quota under section 7
He Kawai Amokura means the report to the Minister of Fisheries referred to in paragraph (13) of the Preamble
income share means an income share in Aotearoa Fisheries Limited
individual transferable quota has the meaning given to it in section 2(1) of the Fisheries Act 1996
Inland Revenue Acts has the meaning given to it in section 3(1) of the Tax Administration Act 1994
inshore quota means—
(a) the settlement quota identified in Schedule 1 as IN; and
(b) the quota of any new quota management stocks brought into the quota management system under section 18 of the Fisheries Act 1996 that Te Ohu Kai Moana Trustee Limited determines to be inshore quota under section 7
interim coastline entitlement means a registered interim coastline entitlement obtained in accordance with Schedule 6
investment plan has the meaning set out in section 78
iwi—
(a) means an iwi listed in column 1 of Schedule 3; and
(b) includes all the members of that iwi; and
(c) as listed in the notes to Schedule 3, in relation to—
(i) the iwi of Hauraki, means 1 or more of the iwi listed in note (1); and
(ii) the iwi of Te Arawa, means 1 or more of the iwi listed in note (2)
iwi register means the register set up by Te Ohu Kai Moana Trustee Limited in accordance with section 40
joint mandated iwi organisation has the meaning set out in section 19
kaupapa means principle or principles
mandated iwi organisation, in relation to an iwi, means an organisation recognised by Te Ohu Kai Moana Trustee Limited under section 13(1) as the representative organisation of that iwi under this Act, and a reference to a mandated iwi organisation includes a reference to a recognised iwi organisation to the extent provided for by section 27
Maori has the meaning given to it in section 4 of Te Ture Whenua Maori Act 1993
member of an iwi means a person who affiliates to the iwi through descent from a primary ancestor of the iwi, or a person granted that status in accordance with kaupapa 6 of Schedule 7
Minister means the Minister of the Crown who, under the authority of any warrant or with the authority of the Prime Minister, is for the time being responsible for the administration of this Act
National Urban Maori Authority means the trust of that name established by trust deed dated 8 May 2003
Ngapuhi means the iwi listed under the heading “B—NGAPUHI”
in Schedule 3
Ngati Hine means the group that is a member of Ngapuhi
Ngati Kahungunu means the iwi listed under the heading “G—TAKITIMU”
in Schedule 3
panui means a notice or other form of written communication population of an iwi has the meaning set out in section 10
private notice means a notice—
(a) sent by any means that is private to the recipient; and
(b) in the case of a notice given by a mandated iwi organisation, complies with kaupapa 4 of Schedule 7
public notice means a notice that—
(a) is published in a newspaper generally circulating in the relevant area or areas; and
(b) may also be published by panui or electronic media, including radio or television; and
(c) in the case of a notice given by a mandated iwi organisation, complies with kaupapa 4 of Schedule 7
quota has the meaning given to it in section 2(1) of the Fisheries Act 1996
quota management area has the meaning given to it in section 2(1) of the Fisheries Act 1996
quota management stock has the meaning given to it in section 2(1) of the Fisheries Act 1996
quota management system has the meaning given to it in section 2(1) of the Fisheries Act 1996
quota share has the meaning given to it in section 42 of the Fisheries Act 1996
recognised iwi organisation means an organisation recognised by Te Ohu Kai Moana Trustee Limited under section 27 as the recognised iwi organisation for an iwi, and includes organisations listed in Schedule 4
register of iwi members means the register required by kaupapa 5 of Schedule 7
registered coastline entitlement means the proportion and equivalent number of quota shares for a particular stock that—
(a) is determined by Te Ohu Kai Moana Trustee Limited under section 11; and
(b) is recorded in the iwi register by Te Ohu Kai Moana Trustee Limited under section 11(2)(b); and
(c) represents the allocation, to a named iwi, of settlement quota for the stock, determined by coastline length under subpart 2 of Part 3
representative Maori organisation means an organisation specified in Schedule 5
Rongomaiwahine means the group that is a member of Ngati Kahungunu
settlement assets means the assets transferred to Te Ohu Kai Moana Trustee Limited under section 194(1)(c) (including Aotearoa Fisheries Limited and all its assets), and any further quota shares allocated to Te Ohu Kai Moana Trustee Limited under section 44 of the Fisheries Act 1996
settlement quota means quota shares that have a settlement quota interest registered against them
settlement quota interest has the meaning given to it in section 2(1) of the Fisheries Act 1996
special resolution, in respect of Te Ohu Kai Moana Trustee Limited, means a resolution approved by 75% or more of the directors entitled to vote on the motion
specific power of sale means a power included in the constitutional documents of Te Ohu Kai Moana Trustee Limited or any entity within Te Ohu Kai Moana Group to provide by special resolution for the sale, in accordance with any specified terms and conditions, of specified income shares or settlement quota
statutory declaration means a declaration made before a person authorised under the Oaths and Declarations Act 1957 to take a declaration
stock means quota management stock
subcompany—
(a) means a company, trust, or entity (whether or not it is a subsidiary of Aotearoa Fisheries Limited) over which Aotearoa Fisheries Limited—
(i) controls, directly or indirectly, 50% or more of the votes; or
(ii) appoints, or has the right to appoint, 50% or more of the directors, trustees, or office holders, as the case may be; and
(b) includes—
(i) a company that is a subsidiary of a subcompany; and
(ii) a company, trust, or entity over which the sub-company has effective control, as provided for in paragraph (a)
subsidiary has the meaning given to it in section 5 of the Companies Act 1993
Te Kawai Taumata means the members of the group (or their alternate members) established in accordance with section 55
Te Ohu Kai Moana means the trust established in accordance with section 31
Te Ohu Kai Moana Group means Te Ohu Kai Moana Trustee Limited and every subsidiary, trust, or other entity over which it has effective control, including Aotearoa Fisheries Limited and its subcompanies, because in relation to that subsidiary, trust, or other entity, Te Ohu Kai Moana Trustee Limited—
(a) controls, directly or indirectly, 50% or more of the votes; or
(b) appoints 50% or more of the directors, trustees, or office holders, as the case may be
Te Ohu Kai Moana Trustee Limited means the company established in accordance with section 33
Te Putea Whakatupu Trust means the trust established in accordance with section 79
Te Putea Whakatupu Trustee Limited means the company established in accordance with section 80
Te Wai Maori Trust means the trust established in accordance with section 92
Te Wai Maori Trustee Limited means the company established in accordance with section 93
tikanga Maori has the meaning given to it in section 4 of Te Ture Whenua Maori Act 1993
total allowable commercial catch has the meaning given to it in section 2(1) of the Fisheries Act 1996
Treaty of Waitangi Fisheries Commission means the Commission established under section 4 of the Maori Fisheries Act 1989
voting share means a voting share in Aotearoa Fisheries Limited
wananga has the meaning given to it in section 159 of the Education Act 1989.