Maori Commercial Aquaculture Claims Settlement Act 2004

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

Version as at 12 April 2022

Coat of Arms of New Zealand

Maori Commercial Aquaculture Claims Settlement Act 2004

Public Act
 
2004 No 107
Date of assent
 
21 December 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

1Title
2Commencement
Preliminary provisions
3Purpose of Act
4Interpretation
5Meaning of settlement assets
6Settlement of claims
6ARelationship of Act to Marine and Coastal Area (Takutai Moana) Act 2011
Provision and transfer of settlement assets to trustee that are representative of 20% of new space
7Purpose of sections 8 to 18
8Crown’s obligations apply on regional basis
9Crown’s obligations in respect of new space
10Regional agreements relating to new space
11Settlement in negotiation period
12Gazetting space for settlement purposes
13Allocation of authorisations in aquaculture settlement area
14Preparation of plan
15Review of plan
16Response to review of plan
16AWhen authorisations allocated to trustee lapse
17Expiry, lapsing, or cancellation of coastal permit to occupy space for aquaculture activities
18Limitations on disposal of settlement assets
Allocation of aquaculture space, or financial equivalent, to trustee equivalent to 20% of pre-commencement space in coastal marine area
19Purpose of sections 20 to 31
20Interpretation
21Crown’s obligations apply on regional basis
22Crown’s obligations
23Preparation of plan
24Review of plan
25Additional allocation of space to iwi [Repealed]
26Regional Council may retain proportion of tender remuneration [Repealed]
27Purchase of coastal permits by the Crown
28Payment of financial equivalent
29Purchase of coastal permits to occupy space for aquaculture activities, including purchase of improvements
29ARegional agreements
30Entry on iwi aquaculture register
31Registered entitlements to settlement assets
Iwi aquaculture organisations
32Functions and powers of iwi aquaculture organisations
33Recognition of iwi aquaculture organisations
Maori Commercial Aquaculture Settlement Trust
34Maori Commercial Aquaculture Settlement Trust established
35Purpose of trust
36Annual plan
37Trustee of trust
38Duties of trustee
39Reporting requirements of trustee
40Reporting obligation
41Obligation to establish and maintain iwi aquaculture register
42Documentation relating to iwi aquaculture register
43Access to iwi aquaculture register
Allocation of settlement assets
44Determinations and allocations generally
45Allocation of assets to iwi of region
46Criteria for agreement
47Basis of allocation of settlement assets
48Allocation of settlement assets
49Partial allocation of settlement assets
49ACircumstances in which trustee has discretion to allocate and transfer assets
49BDiscretion to allocate and transfer assets
49CLimitations applying if iwi aquaculture organisation receives settlement assets under section 49B
49DNotification of determination to allocate and transfer assets under section 49B
49EImplementation of determination
50Transfer of authorisations or coastal permits
51Transfer of settlement assets to be entered on iwi aquaculture register
Dispute resolution
52Application
53Resolution of disputes
54Reference to Maori Land Court
55Effect of right to make reference to Maori Land Court
Miscellaneous provisions
56Further redress if disproportionate reduction in space in relation to settlement assets
57Aquaculture settlement register
58Regulations
59Certain harbours to be added to Schedule 2
60Amendments to Foreshore and Seabed Act 2004
Schedule 1
Methodology for determination of settlement assets allocation entitlements
Schedule 2
Harbours and harbour entrance points
Maori Commercial Aquaculture Claims Settlement Amendment Act 2011
Notes