Maori Commercial Aquaculture Claims Settlement Act 2004 No 107 (as at 01 October 2011), Public Act

Act by section

22 Crown's obligations
  • (1) The Crown must ensure that the trustee is provided with space in the coastal marine area for the purpose of aquaculture activities equivalent to 20% of pre-commencement space.

    (2) The Crown must use its best endeavours to comply with subsection (1) by the close of 31 December 2014.

    (3) Subsection (1) must be complied with in 1 or more of the following ways:

    • (a) [Repealed]

    • (b) by purchasing and transferring to the trustee on or after 1 January 2008 established marine farms:

    • (ba) by entering into a regional agreement:

    • (c) by paying to the trustee on or after 1 January 2013 amounts equivalent, in part or in full, to the value of the pre-commencement space.

    (3A) If a regional agreement includes a provision of a kind referred to in section 29A(3)(b) or is otherwise conditional, the Crown is taken to have complied with subsection (1) in the way specified in subsection (3)(ba) only if the agreement becomes unconditional.

    (4) To avoid doubt, subsection (3) does not require the Crown at any particular time to comply with subsection (1) in any particular way or combination of ways specified in subsection (3).

    Section 22(3)(a): repealed, on 1 October 2011, by section 9 of the Maori Commercial Aquaculture Claims Settlement Amendment Act 2011 (2011 No 69).

    Section 22(3)(ba): inserted, on 30 March 2010, by section 7(1) of the Maori Commercial Aquaculture Claims Settlement (Regional Agreements) Amendment Act 2010 (2010 No 8).

    Section 22(3A): inserted, on 30 March 2010, by section 7(2) of the Maori Commercial Aquaculture Claims Settlement (Regional Agreements) Amendment Act 2010 (2010 No 8).