Maori Commercial Aquaculture Claims Settlement Act 2004

29A Regional agreements
  • (1) The Crown may enter into an agreement (including by deed) in respect of 1 or more regions of regional councils, or of 1 or more harbours listed in Schedule 2, with the parties specified in subsection (2) if the Crown and those parties all agree that the Crown's obligation under section 22(1) will be satisfied in respect of those regions and harbours on the terms set out in the agreement.

    (2) The parties referred to in subsection (1) are—

    • (a) the iwi aquaculture organisations of all iwi whose area of interest includes a region or harbour covered by the agreement; or

    • (b) for any iwi referred to in paragraph (a) that do not have iwi aquaculture organisations, the recognised iwi organisations of those iwi.

    (3) A regional agreement must include—

    • (a) the trustee as a party to the agreement in order to confirm that the agreement has been entered into by the parties specified in subsection (2); or

    • (b) a provision that the agreement is conditional on the trustee confirming that the agreement has been entered into by those parties.

    (4) To avoid doubt, a regional agreement is enforceable as a contract in accordance with its terms.

    (5) Section 22(3)(c) does not prevent the Crown from making a payment to the trustee under a regional agreement before 1 January 2013.

    (6) No court or tribunal has jurisdiction to inquire into the quantification or the adequacy of the benefits to be provided by or under a regional agreement.

    (7) However, subsection (6) does not exclude the jurisdiction of a court or tribunal in respect of the interpretation or enforcement of a regional agreement.

    Section 29A: inserted, on 30 March 2010, by section 8 of the Maori Commercial Aquaculture Claims Settlement (Regional Agreements) Amendment Act 2010 (2010 No 8).