Māori Fisheries Amendment Bill - Amendment paper No 033
Māori Fisheries Amendment Bill - Amendment paper No 033
Māori Fisheries Amendment Bill - Amendment paper No 033
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No 33
House of Representatives
Amendment Paper
Māori Fisheries Amendment Bill
Proposed amendments
Hon Shane Jones, in Committee, to move the following amendments:
Clause 82: section 167(1)
In clause 82(1), delete “granting”
in the first place it appears (page 52, line 22).
After clause 82(1) (page 52, after line 24), insert:
(1A)
In section 167(1)(b), replace “5 years”
with “10 years”
.
Schedule 2: new Part 2 of Schedule 1AA: new clause 13A
In Schedule 2, after new clause 13 of new Part 2 of Schedule 1AA (page 65, after line 25), insert:
13A Constraints on transactions
(1)
Section 167(1)(b) as amended by the Māori Fisheries Amendment Act 2022 applies only to transactions entered into on or after the commencement of this clause.
(2)
Transactions entered into before that commencement continue to be subject to section 167(1)(b) as in force immediately before that commencement.
Explanatory note
This Amendment Paper sets out amendments to the Māori Fisheries Amendment Bill as reported from te Komiti Whiriwhiri Take Māori (the Bill).
Constraints on transactions that could result in disentitlement to income from, or control or use of, annual catch entitlements arising from settlement quota
Section 167(1)(b) of the Māori Fisheries Act 2004 (the Act), as to be amended by the Bill, ensures that new section 162 of the Act applies if a mandated iwi organisation proposes to enter into a transaction that could, if the rights under the transaction were exercised, result in the iwi being disentitled, for a period of more than 5 years, to—
the income from annual catch entitlements arising from settlement quota; or
the control or use of the annual catch entitlements arising from that quota.
New section 162 of the Act says that a mandated iwi organisation may sell settlement quota only if—
its constitutional document expressly permits it to sell settlement quota; and
the transaction complies with the requirements of the constitutional document.
This Amendment Paper adjusts section 167(1)(b) of the Act to replace “5 years”
with “10 years”
.
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Māori Fisheries Amendment Bill - Amendment paper No 033
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