Maori Commercial Aquaculture Claims Settlement Act 2004

Schedule 1 Methodology for determination of settlement assets allocation entitlements

ss 21, 31, 47, 52

1 Overview of methodology and status of examples

The methodology by which the allocation entitlement of iwi must be determined in respect of settlement assets comprises—

(a)

the process set out in clauses 2 to 10 which must be followed in making determinations under section 45; and

(b)

a geographic information system computation model, described in clauses 11 to 13, that is based on—

(i)

a specified map database of the coastline of New Zealand; and

(ii)

specified decision rules; and

(iii)

matters relevant to creating and maintaining the computation model.

2 Interpretation

In this schedule,—

affected iwi means, in relation to a coastal or harbour allocation claim, an iwi whose iwi aquaculture organisation has made, or is likely to make, claims that abut, overlap, or are contained within, the specified points used by the claimant iwi

coastal boundary point means any point on the mean high-water mark whose co-ordinates are defined under the Fisheries Act 1996

coastal endpoint means a point on the mean high-water mark that is determined by the description of a regional planning area in the relevant deposited plan notified in the Gazette under the Local Government Act 2002

harbour entrance point means a point on the mean high-water mark on either the northern or southern entrance point of a harbour listed in Schedule 2

regional coastline means—

(a)

the coastline of the planning area of a regional council; and

(b)

in the case of the Manawatu-Wanganui or Waikato regional councils, the coastlines of the east coast and west coast of the planning area separately.

Part 1 Determination of allocation entitlements

Process for making allocation entitlement claim

3 Method of making claim for allocation entitlement

(1)

To enable the trustee to make a determination of the settlement assets allocation entitlements of an iwi as required by section 45, the iwi aquaculture organisation of the iwi must submit to the trustee—

(a)

a coastal claim for each regional coastline the rohe of the iwi abuts, that is not within any of the harbours listed in Schedule 2; and

(b)

a harbour claim for each harbour listed in Schedule 2 within which the rohe of the iwi abuts high-water mark.

(2)

Each claim must identify—

(a)

the regional coastline or harbour to which the claim pertains; and

(b)

2 specified points on the coastline, each of which must be—

(i)

a coastal boundary point; or

(ii)

a coastal endpoint; or

(iii)

a harbour entrance point; or

(iv)

a point on the mean high-water mark with co-ordinates certified by a registered cadastral surveyor; and

(c)

a percentage representing the proportion of the coastline between the 2 specified points that the iwi aquaculture organisation is claiming for that regional coastline or harbour; and

(d)

all affected iwi for that claim.

(3)

In the case of a harbour claim, for the purposes of subclause (2)(b), the points must be the entrance points of the harbour.

(4)

A group of claims submitted by an iwi aquaculture organisation under this clause may cover all, or only some, of the claims that the iwi is entitled to make.

4 Endorsements required in support of claim

(1)

Any claim submitted under clause 3 must be accompanied by endorsements from the iwi aquaculture organisation of each iwi that is an affected iwi in respect of the claim.

(2)

Endorsements may be presented in the form of either or both of the following:

(a)

copies of signed multi-party iwi aquaculture organisation agreements that include the affected iwi:

(b)

signed written statements from the iwi aquaculture organisations of the affected iwi.

(3)

Agreements or statements presented under subclause (2) must set out—

(a)

the regional coastlines and harbours for which the iwi is an affected iwi for the purpose of the claims being made; and

(b)

for each regional coastline and harbour the agreement of the iwi aquaculture organisation of the affected iwi to the specified point or points in respect of which it is an affected iwi; and

(c)

for each regional coastline and harbour for which the iwi aquaculture organisation of the affected iwi has made, or intends to make, a claim for a settlement assets allocation entitlement between the specified points identified by the claimant, the agreement of the iwi aquaculture organisation of the affected iwi to the percentage submitted by the claimant iwi.

(4)

The co-ordinates of all specified points, except harbour entrance points, coastal endpoints, or coastal boundary points, must be supported in a report from a registered cadastral surveyor.

(5)

If any part of a claim has been the subject of dispute resolution under clause 7, the documentation of that process may be used to support a claim instead of the endorsements referred to in subclause (1), but the documentation must clearly set out the information required under subclause (3).

5 Agreements

Before an iwi aquaculture organisation submits a claim under clause 3 to the trustee, it must take reasonable steps to reach agreements, in relation to the data required by clause 3(2), with every affected iwi as to the matters set out under clause 4(3).

6 Registration of agreements

(1)

An iwi aquaculture organisation may, at any time, request the trustee to verify and subsequently place on the iwi aquaculture register any agreement made by iwi aquaculture organisations relating to aquaculture claims to which it is a party.

(2)

If a request is made under subclause (1), the trustee must attempt to verify the agreement by the application of the procedures set out in clause 8.

(3)

If the trustee is able to verify an agreement under subclause (2), it must record the details of the agreement on the iwi aquaculture register.

(4)

The registration of an agreement under this clause binds the parties to the terms of the agreement for any coastline claims to which it is relevant, unless the agreement is withdrawn by written consent of all the parties.

7 Dispute resolution

(1)

If an iwi aquaculture organisation is unable to reach an agreement required by clause 5, the dispute must be resolved in accordance with sections 52 to 55.

(2)

Once resolutions are reached under the dispute resolution process,—

(a)

the points and percentages settled in that process must be included in any relevant claim submitted under clause 3(1); and

(b)

the signed documentation of the resolution of the dispute must be included with the endorsements of the claim required by clause 4(1).

Process for verifying claims and determining entitlements

8 Verification of claim for entitlement

(1)

After receiving a claim under clause 3, the trustee must—

(a)

attempt to verify that all the data required by clause 3 has been supplied for each regional coastline or harbour for which a claim is made; and

(b)

attempt to verify that each specified point is—

(i)

a coastal boundary point; or

(ii)

a coastal endpoint; or

(iii)

a harbour entrance point; or

(iv)

shown as a co-ordinate that has been provided by, and is supported in a report from, a registered cadastral surveyor; and

(c)

satisfy itself that,—

(i)

for each claim, there are endorsements as required by clause 4(1); and

(ii)

if a claim is for less than 100% of the coastline between specified points, the total of the percentages assigned to the iwi in the agreement supporting that claim is 100%; and

(iii)

if any part of a claim has been the subject of a dispute resolution process in accordance with clause 7, there is appropriately authorised documentation of the outcome of the process to support the claim.

(2)

If the trustee is not able to verify an aspect of a claim, it must refer that matter back to the claimant.

(3)

A claimant may clarify the matter referred to it under subclause (2) and resubmit its coastline claim.

9 Determination of coastal entitlements

(1)

Before the determination of a coastal settlement assets allocation entitlement under this clause, the trustee must determine the length of the relevant regional coastline by applying the relevant 2 coastal endpoints, as notified in the Gazette, as input to the computation model described in Part 2 of this schedule.

(2)

When the trustee has verified the matters set out in clause 8(1)(a) and (b) and is satisfied of the matters set out in clause 8(1)(c), it must determine coastal settlement assets allocation entitlements as follows:

(a)

for each claim, the data representing the 2 specified points must be applied as input to the computation model to produce output that represents the coastline length between the 2 points; and

(b)

using the length of the relevant regional coastline determined under subclause (1), the percentage of the regional coastline represented by the result obtained from the calculation under paragraph (a) must be determined; and

(c)

the result obtained from the determination under paragraph (b) must be multiplied by the percentage set out in the claim, as required by clause 3(2)(c).

(3)

For each claim, the results obtained from calculations made under subclause (2)(c) describe the settlement asset allocation entitlement for the claimant iwi for the regional coastline that is the subject of the claim.

10 Determination of harbour entitlements

If, in relation to a harbour claim, the trustee has verified the matters set out in clause 8(1)(a) and (b) and is satisfied about the matters set out in clause 8(1)(c), the trustee must determine the harbour settlement assets allocation entitlement of the claimant to be the percentage set out in the claim as required by clause 3(2)(c).

Part 2 Computation model

11 Requirement for computation model

(1)

Before making the first calculation of coastline lengths to be used to determine allocation entitlements for the purposes of section 45, the trustee must ensure that an appropriate computation model is created for the purpose of calculating coastline lengths between 2 specified co-ordinates on the mean high-water mark.

(2)

The trustee must ensure that, after the first application under clause 9 of the computation model to produce results to be used to determine a coastline entitlement, there are no alterations to—

(a)

the software, algorithms, or computer code of the model; or

(b)

the specified baselines; or

(c)

the specified decision rules; or

(d)

the hardware platform for the model.

(3)

Subclause (2) does not exclude alterations to the model unless the alteration would mean that a recalculation of a coastline length, using the input data used for a completed determination under clause 9, would produce an output differing from the original result by more than 1%.

(4)

The trustee must ensure that the records of all input data applied to, and output data derived from, the computation model for determining coastline entitlements are preserved for not less than 10 years.

12 Specified baselines

(1)

The computation model used for determining allocation entitlements must use the following baselines:

(a)

the map database created for the purpose by Land Information New Zealand from the 1:50 000 topographical map series; and

(b)

the coastal endpoints as notified in the Gazette for each regional coastline; and

(c)

the harbour entrance points listed in Schedule 2.

(2)

Coastlines must be defined along the line of the mean high-water mark.

(3)

If the regional planning area of a regional council is altered and, as a result, the coastal endpoints referred to in subclause (1)(b) no longer represent the points where the boundary of the regional planning area intersects the coastline, then the trustee must—

(a)

redefine the coastal endpoints accordingly; and

(b)

notify the new coastal endpoints in the Gazette; and

(c)

recalculate the allocation entitlements of the iwi concerned in accordance with subclause (4).

(4)

For the purposes of subclause (3)(c), the trustee must—

(a)

recalculate the allocation entitlements of the iwi concerned by using the data from the original verified claims of each iwi together with the new coastal endpoints; and

(b)

record these new entitlements on the iwi aquaculture register together with the date of registration; and

(c)

record the cancellation of the entitlements being replaced and the relevant date; and

(d)

use the new entitlements only for the allocation of settlement assets received after the date on which the alteration to the planning area becomes operative.

13 Decision rules for computation model

The calculation of coastline lengths must be based on the following decision rules in relation to the specified geographical features:

River mouth

(a)

rivers are cut off where the mean high-water mark meets the natural entrance points of the river, and the distance across the river mouth is included in the coastline length:

Bays

(b)

a bay is an indentation of the coast—

(i)

the area of which is not less than the area of a semicircle with a diameter drawn across the mouth of the indentation; and

(ii)

the length of the diameter referred to in subparagraph (i) is 10 km or less:

(c)

the straight line drawn across the mouth of a bay is substituted for the actual coastline of the bay in the calculation of coastline length:

(d)

the presence of islands at the mouth of, or within, an indentation does not affect the calculations necessary to determine whether an indentation is a bay:

Offshore islands

(e)

an offshore island is a naturally formed area of land that, at mean high-water tides, is—

(i)

surrounded by water; but

(ii)

not submerged by water:

(f)

the coastlines of the following offshore islands must be counted as coastlines of the relevant regional coastlines:

(i)

Stewart/Rakiura:

(ii)

Great Barrier/Aotea:

(iii)

Motiti:

(g)

the coastlines of other offshore islands must be counted as part of the relevant regional coastline if the trustee is satisfied that 1 or more iwi have—

(i)

ahi kaaroa (both long-term and current habitation on the island); and

(ii)

a traditional and separate fishery associated with the island; and

(iii)

current occupation of the island, as shown by the presence of marae and other communal structures:

Chatham Islands

(h)

for the purpose of calculating the coastline in the Chatham Islands, only the coastlines of the following islands are relevant:

(i)

Chatham Island; and

(ii)

Pitt Island.