Maori Fisheries Act 2004

If you need more information about this Act, please contact the administering agency: Ministry for Primary Industries

Version as at 28 October 2021

Coat of Arms of New Zealand

Maori Fisheries Act 2004

Public Act
 
2004 No 78
Date of assent
 
25 September 2004
Commencement
 
see section 2
Note

The Parliamentary Counsel Office has made editorial and format changes to this version using the powers under subpart 2 of Part 3 of the Legislation Act 2019.

Note 4 at the end of this version provides a list of the amendments included in it.

This Act is administered by the Ministry for Primary Industries.

Contents

Preamble
1Title
2Commencement
Part 1
Purposes of Act, key concepts, and key iwi organisations
Subpart 1—Purposes, outline, and interpretation
3Purposes
4Outline of Act
5Interpretation
6Act binds the Crown
Subpart 2—Key concepts
Classification of deepwater and inshore quota
7Classification of new quota
8Basis for classifying stock under section 7
9Alternative basis for classification of new quota
How iwi population and coastlines determined
10Population of an iwi
11Registered coastline entitlements
Subpart 3—Iwi organisations
Mandated iwi organisations
12Functions and powers of mandated iwi organisations
13Recognition of mandated iwi organisations
14Criteria for recognition of mandated iwi organisation
15Recognition of iwi governance entity
16Functions and powers of asset-holding companies
17Constitutional documents
18Changes to constitutional documents
New mandated iwi organisation may replace existing mandated iwi organisation
18AInterpretation
18BRequirements for recognition of new mandated iwi organisation
18CRequirements relating to constitutional documents of new organisation
18DProposed transfer date if recognition requirements met
18ERecognition of new mandated iwi organisation and transfer of specified settlement assets
18FCertain effects of recognition of new organisation
18GRemedy if specified settlement assets not transferred
Provisions allowing for reorganisation of specified mandated iwi organisations
19Interpretation
20Withdrawal of group from joint mandated iwi organisation
21Recognition of mandated iwi organisation of withdrawing group
22Transfer of assets
23Voting rights
24Status of Ngati Hine and Rongomaiwahine
25Further criteria may be prescribed
26Benefit to persons who are not members of iwi
Recognised iwi organisations
27Functions and powers of recognised iwi organisations
28Status of recognised iwi organisations
29Representative Maori organisations
Part 2
Establishment and review of new entities
30Outline of this Part
Subpart 1—Te Ohu Kai Moana and Te Ohu Kai Moana Trustee Limited
Establishment of trust and trustee
31Te Ohu Kai Moana to be established
32Purpose of Te Ohu Kai Moana
33Trustee of Te Ohu Kai Moana
Duties and functions of trustee
34Duties of Te Ohu Kai Moana Trustee Limited
35Functions of Te Ohu Kai Moana Trustee Limited
Trust deed
36Trust deed of Te Ohu Kai Moana
37Matters to be included in annual plan
38Annual report of Te Ohu Kai Moana Trustee Limited
39Consultation and other reporting obligations
40Obligation to establish and maintain iwi register
41Review of revenue requirements
42Scope of revenue review
43Allocation and transfer of surplus loan funds
Te Ohu Kai Moana Trustee Limited
44Constitution of Te Ohu Kai Moana Trustee Limited
Appointment of directors
45First directors of Te Ohu Kai Moana Trustee Limited
46Subsequent appointments
47Term of office of directors
48Eligibility for office of director
49Removal of directors
50Effect of vacancy in membership of Te Ohu Kai Moana Trustee Limited
Iwi register
51Documentation relating to iwi register
52Access to iwi register
53Policy on iwi register
Rule-making procedures
54Procedures for making or amending rules
Subpart 2—Te Kawai Taumata
55Establishment of Te Kawai Taumata
56Sole function of Te Kawai Taumata
57Membership of Te Kawai Taumata
58Alternate members of Te Kawai Taumata
59Eligibility for membership of Te Kawai Taumata
Subpart 3—Aotearoa Fisheries Limited
Establishment
60Establishment of Aotearoa Fisheries Limited
Duty of Aotearoa Fisheries Limited
61Duty of Aotearoa Fisheries Limited
Constitution of Aotearoa Fisheries Limited
62Requirements for constitution
Directors
63Directors of Aotearoa Fisheries Limited
64Restrictions on appointment of directors
65Directors of subcompanies
Voting shares
66Voting shares
Income shares
67Income shares
68Additional income shares
69Disposal of income shares by mandated iwi organisations
70Process for disposal of income shares by mandated iwi organisations
71Disposal of income shares by Te Ohu Kai Moana Trustee Limited
72Other constraints on disposal of income shares
73Remedy for breach of sections 69 to 72
74Exceptions to restrictions on disposal of income shares
Transfer of assets
75Transfer of assets to Aotearoa Fisheries Limited
76Payment of dividends by Aotearoa Fisheries Limited
77Circumstances when payments not required
Subpart 4—Te Putea Whakatupu Trust and Te Putea Whakatupu Trustee Limited
Establishment
78Interpretation
79Establishment of Te Putea Whakatupu Trust
80Trustee of Te Putea Whakatupu Trust
81Purpose of Te Putea Whakatupu Trust
82Benefits of Trust
83Functions of Te Putea Whakatupu Trustee Limited
Requirements for trust deed
84Contents of trust deed of Te Putea Whakatupu Trust
85Annual plan of Te Putea Whakatupu Trustee Limited
86Reporting obligations of Te Putea Whakatupu Trustee Limited
Requirements for constitution
87Constitution of Te Putea Whakatupu Trustee Limited
Directors
88Requirements for appointment of directors
89Eligibility for office of director
Payments
90Payments to Te Putea Whakatupu Trustee Limited
Subpart 5—Te Wai Maori Trust and Te Wai Maori Trustee Limited
Establishment
91Interpretation
92Establishment of Te Wai Maori Trust
93Trustee of Te Wai Maori Trust
94Purpose of Te Wai Maori Trust
95Functions of Te Wai Maori Trustee Limited
Requirements for trust deed
96Contents of trust deed of Te Wai Maori Trust
97Annual plan of Te Wai Maori Trustee Limited
98Distributions of trust income
99Reporting obligations of Te Wai Maori Trustee Limited
Requirements for constitution
100Constitution of Te Wai Maori Trustee Limited
Directors
101Criteria for appointment of directors
102Eligibility for office of director
Payments
103Payments to Te Wai Maori Trustee Limited
Subpart 6—Audits and reviews
104Interpretation
Audit of entities
105Audits
106Subsequent audits
107Person to conduct audit
108General scope of audits
109Audit of Te Ohu Kai Moana Trustee Limited
110Audit of Aotearoa Fisheries Limited
111Audits of Te Putea Whakatupu Trustee Limited and Te Wai Maori Trustee Limited
Procedure after completion of audit
112Procedure for auditor and entity audited
113Procedure for Te Ohu Kai Moana Trustee Limited
Requirement for review of entities
114Review of entities
115Funding of reviews
Committee of representatives
116Committee of representatives
117Appointment procedure
118Functions of committee of representatives
119Terms of reference
120Procedure and remuneration of committee of representatives
Conduct of review
121Reviewer
122Scope of review
123Further relevant considerations
124Limits to recommendations that may be made
Procedure after completion of review
125Report on review
126Consideration of review report by entity under review
127Consideration of review report
Requirement to provide information
128Information requested by auditor or reviewer
Part 3
Allocation and transfer of settlement assets
129Outline of this Part
Subpart 1—Allocation and transfer of settlement assets
Duty
130Duty to allocate and transfer settlement assets
Further circumstance when Te Ohu Kai Moana Trustee Limited must allocate and transfer settlement assets
131Interpretation
132Application of sections 133 and 134
133Procedure if request made under section 132(2)
134Allocation and transfer after request under section 132(2)
Discretionary power
135Discretion to allocate and transfer
136Limitations applying if mandated iwi organisation receives settlement quota under section 135
Settlement asset money
137Transfer of money
138Allocation of surplus funds
138AAllocation and transfer of New Zealand units
Income shares
139Allocation of income shares
Subpart 2—Bases for allocation of settlement quota
Inshore quota
140Allocation of inshore quota
Deepwater quota
141Allocation of deepwater quota
Chatham zone
142Chatham Island allocations
Harbour quota
143Allocation of quota within harbours
Allocations in specified Fishery Management Areas
144Allocation of settlement quota in quota management areas same as Fishery Management Area 4
145Allocation of settlement quota in quota management areas same as Fishery Management Area 6
146Allocation of settlement quota in quota management areas same as Fishery Management Area 10
Highly migratory species
147Allocation of settlement quota for highly migratory species
Adjustments to number of quota shares available for distribution
147ARecalculation of allocations of deepwater stock
147BAllocation of reduced number of quota shares
Freshwater quota
148Allocation of freshwater quota
Alteration of quota management areas under Fisheries Act 1996
148AConsequence of altering quota management area
Cash allocations
149Additional cash in lieu of shortfall in settlement quota
150Specific cash transfers to certain iwi
Subpart 3—Transfer of settlement assets
151Transfer of allocated settlement quota
152Offer of annual catch entitlement
Subpart 4—Miscellaneous
Assets held in trust
153When settlement assets must be held in trust
Status of settlement assets for purposes of Inland Revenue Acts and other enactments
154Status of settlement assets
Part 4
Settlement quota interests, sales and exchanges of settlement quota, related restrictions, and option to purchase
155Outline of this Part
156Interpretation
Subpart 1—Registration of settlement quota interests
157Registration of settlement quota interests
158General restriction on transfer of settlement quota
159Quota may be treated as settlement quota
160Application for registration
Subpart 2—Restrictions on, and procedures for, disposal of settlement quota
161Restrictions on disposal of settlement quota
162Prerequisites to sale of settlement quota
Option to purchase
163Offer of option to purchase
164Procedure for selling bundle of assets
165Procedure to determine right to purchase
166Basis on which sale must proceed
167Other constraints on disposal
168Application of this subpart to Te Ohu Kai Moana Group
169When sale of settlement quota must be allowed
170Remedy for breach of requirements under this subpart
Subpart 3—Exceptions to application of subpart 2
Quota sold to wholly-owned entities
171Settlement quota sold to wholly-owned entities
Small parcels of settlement quota
172Rationalisation of small parcels of settlement quota
Quota exchange
173Exception for quota exchanges
174Procedure and criteria for exchange
Breach of restrictions applying to exchanges
175Remedy for breach of restrictions
Subpart 4—Additional rules for quota sales and exchanges
176Additional rules
Part 5
Dispute resolution
177Outline of this Part
178Purpose of this Part
Subpart 1—Procedure for resolution of disputes
179Notification of specified decisions
Application of Part
180Application of this Part to specified decisions
181Resolution of disputes
182Reference to Maori Land Court
183Effect of reference or application etc to Maori Land Court
Subpart 2—Other matters relevant to disputed decisions
184Implementation of decision
185Powers of Te Ohu Kai Moana Trustee Limited in relation to mandated iwi organisations
186Other powers not limited
187Dispute resolution in relation to reorganisation of specified mandated iwi organisations
Part 6
Transitional and miscellaneous provisions, repeal, and amendments
188Outline of this Part
189Interpretation
Subpart 1—Transitional provisions
Powers, savings, and validations
190Powers of Treaty of Waitangi Fisheries Commission
191Agreements for sale of annual catch entitlements
192Certain exemptions saved
193Validation of certain decisions, etc
Transfer from Treaty of Waitangi Fisheries Commission
194Treaty of Waitangi Fisheries Commission dissolved and existing undertaking vested
195Payment of taxation refunds (if any)
196Classification of quota shares allocated to Treaty of Waitangi Fisheries Commission
Final report
197Final report of Treaty of Waitangi Fisheries Commission
198References in instruments
199Status of contracts and other instruments
200Status of existing securities
201Continuation of proceedings
202Matters not affected by transfer to Te Ohu Kai Moana Trustee Limited
203Books and documents to remain evidence
204Registers
Subpart 2—Employees and agents
205Interpretation
206Liability of employees and agents
207Transfer of existing employees
208Terms and conditions of employment of transferred employees
209Continuity of employment
210No compensation for technical redundancy
Subpart 3—Miscellaneous provisions
211Application of Inland Revenue Acts and other enactments
212Protection of names
Subpart 4—Repeal and consequential amendments
213Enactment repealed
214Amendments to other enactments
Schedule 1
Quota shares
Schedule 2
Harbours and harbour quota
Schedule 3
Iwi (listed by groups of iwi) and notional iwi populations
Schedule 4
Organisations that are recognised iwi organisations (as at the commencement of this Act)
Schedule 5
Representative Maori organisations
Schedule 6
Methodology for determination of coastline entitlements
Schedule 7
Kaupapa applying to constitutional documents of mandated iwi organisations
Schedule 8
Te Kawai Taumata
Schedule 9
Consequential amendments
Maori Fisheries Amendment Act 2006
Notes