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Supplementary Order Paper No 223

No 223

House of Representatives

Supplementary Order Paper

Tuesday, 20 September 2016

Kermadec Ocean Sanctuary Bill

Proposed amendment

Hon Nanaia Mahuta, in Committee, to move the following amendment:

New clause 27C

After clause 27B (page 22, after line 37), insert:

27C Te Ohu Kai Moana Trustee Limited not precluded from legal action

For the avoidance of doubt, Te Ohu Kai Moana Trustee Limited (or any successor body) is not precluded from initiating or joining any legal action relating to the impact of this Act solely because of its membership of the review panel under section 27B(1)(b).

Explanatory note

This Supplementary Order Paper inserts new clause 27C. The Bill does not adequately protect the “full and final” rights established in the Treaty of Waitangi (Fisheries Claims) Settlement Act 1992, in particular those fishing rights relating to Fishery Management Area 10. New clause 27C will make clear that the provision for Te Ohu Kai Moana Trustee Limited to be a member of the review panel will not prejudice its ability to test the impact of the legislation before the courts.