New Zealand Legislation: Acts
Acts are laws made by Parliament
(1) The Crown must use its best endeavours to negotiate and enter into regional agreements under section 10 that provide for the Crown to meet its obligations under section 9.
(2) The Crown must do so within the following periods:
(a) within 2 years after the commencement of the Maori Commercial Aquaculture Claims Settlement Amendment Act 2011 for the following:
(i) the Northland region:
(ii) the east coast of the Waikato region, which is to be treated as a separate region:
(iii) the Tasman region:
(iv) the Marlborough region:
(b) for all other regions, whichever is the later of the following:
(i) within 3 years after the commencement of the Maori Commercial Aquaculture Claims Settlement Amendment Act 2011; or
(ii) within 2 years after the receipt of the first resource consent application for the purpose of aquaculture activities after the commencement of the Maori Commercial Aquaculture Claims Settlement Amendment Act 2011 (not being an application to which section 165ZH of the Resource Management Act 1991 applies).
(3) The Minister may, by notice in the Gazette, extend a period specified in subsection (2).
(4) The Minister may not give a notice under subsection (3) unless the Minister—
(a) has consulted the trustee and the iwi aquaculture organisations, mandated iwi organisations, or recognised iwi organisations with whom the regional agreement under section 10 is being negotiated; and
(b) is satisfied that reasonable steps have been taken to negotiate an agreement and that the proposed extension is likely to enable a regional agreement under section 10 in respect of the initial settlement period to be entered into.
(5) If, at the conclusion of the relevant period specified in subsection (2) (or any extension), there is no regional agreement under section 10 that relates to settlement in a region, the Crown must—
(a) arrange, in accordance with section 14, for authorisations in any relevant aquaculture settlement areas in the region to be provided to the trustee in accordance with section 9(1)(a); but
(b) if insufficient authorisations are available to be provided to the trustee to meet the Crown’s obligations as set out in section 9, pay the difference to the trustee in accordance with section 9(1)(b).
Section 11: substituted, on 1 October 2011, by section 7(1) of the Maori Commercial Aquaculture Claims Settlement Amendment Act 2011 (2011 No 69).
