Maori Commercial Aquaculture Claims Settlement Act 2004

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Reprint as at 30 March 2010

Maori Commercial Aquaculture Claims Settlement Act 2004

Public Act2004 No 107
Date of assent21 December 2004
Commencementsee section 2
Note

Changes authorised by section 17C of the Acts and Regulations Publication Act 1989 have been made in this reprint.

A general outline of these changes is set out in the notes at the end of this reprint, together with other explanatory material about this reprint.

This Act is administered by the Ministry of Fisheries.

Contents

1 Title

2 Commencement

Preliminary provisions

3 Purpose of Act

4 Interpretation

5 Meaning of settlement assets

6 Settlement of claims

Allocation of authorisations to trustee for new space for aquaculture activities

7 Purpose of sections 9 to 18

8 Sections 9 to 18 not to apply in certain cases

9 Allocation of authorisations to trustee

10 Space to be allocated must be of economic size

11 Allocation of authorisations to trustee in relation to staged developments and harbours

12 Appeal to Environment Court against regional council's decision

13 Certain provisions of Resource Management Act 1991 do not apply

14 Application for coastal permits for occupation of new space subject to reservation relating to commercial fishing

15 Time within which iwi aquaculture organisation may lodge aquaculture agreement

16 When authorisations allocated to trustee lapse

17 Expiry, lapsing, or cancellation of coastal permit to occupy space for aquaculture activities

18 Limitations on disposal of settlement assets

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

20 Interpretation

21 Crown's obligations apply on regional basis

22 Crown's obligations

23 Preparation of plan

24 Review of plan

25 Additional allocation of space to iwi

26 Regional Council may retain proportion of tender remuneration

27 Purchase of coastal permits by the Crown

28 Payment of financial equivalent

29 Purchase of coastal permits to occupy space for aquaculture activities, including purchase of improvements

29A Regional agreements

30 Entry on iwi aquaculture register

31 Registered entitlements to settlement assets

Iwi aquaculture organisations

32 Functions and powers of iwi aquaculture organisations

33 Recognition of iwi aquaculture organisations

Maori Commercial Aquaculture Settlement Trust

34 Maori Commercial Aquaculture Settlement Trust established

35 Purpose of trust

36 Annual plan

37 Trustee of trust

38 Duties of trustee

39 Reporting requirements of trustee

40 Reporting obligation

41 Obligation to establish and maintain iwi aquaculture register

42 Documentation relating to iwi aquaculture register

43 Access to iwi aquaculture register

Allocation of settlement assets

44 Determinations and allocations generally

45 Allocation of assets to iwi of region

46 Criteria for agreement

47 Basis of allocation of settlement assets

48 Allocation of settlement assets

49 Partial allocation of settlement assets

50 Transfer of authorisations or coastal permits

51 Transfer of settlement assets to be entered on iwi aquaculture register

Dispute resolution

52 Application

53 Resolution of disputes

54 Reference to Maori Land Court

55 Effect of right to make reference to Maori Land Court

Miscellaneous provisions

56 Further redress if disproportionate reduction in space in relation to settlement assets

57 Aquaculture settlement register

58 Regulations

59 Certain harbours to be added to Schedule 2

60 Amendments to Foreshore and Seabed Act 2004

Schedule 1
Methodology for determination of settlement assets allocation entitlements

Schedule 2
Harbours and harbour entrance points

Reprint notes