It is very important to include the Iwi community to discuss how the Crown can deliver its obligations under the Maori Commercial Aquaculture Claims Settlement for new space created by proposed new aquaculture legislation. According to Fisheries and Aquaculture Minister Phil Heatley the new Aquaculture Legislation Amendment Bill (No 3) is expected to result in the creation of more aquaculture space and this has a special significance for Maori.
He added that the Maori Commercial Aquaculture Claims Settlement Act 2004 gives iwi rights in respect of 20 percent of any new aquaculture space created since 1 January 2005. Councils must allocate authorisations for this space to Maori. The new system says that it is necessary to establish or extend Aquaculture Management Areas (AMAs) defined in regional coastal plans. Unfortunately AMAs have not worked in practice. Heatley said that as a consequence of proposed changes to legislation, the mechanism for delivering the Crown’s new space obligation will also need to change.
The Ministry of Fisheries is looking to engage with iwi through a series of regional hui. This engagement will focus on the Mandated Iwi Organisations recognised in the Maori Fisheries Act 2004 and the Maori Commercial Aquaculture Claims Settlement Act 2004. The government has appointed a Technical Group to develop options for delivering the settlement. The Technical Group was chosen based on their expertise in aquaculture, resource management, policy development, local government processes, kaitiakitanga and iwi development.
Heatley said that the Group need mechanisms for the process. Mechanisms might include provision of space or regional agreements. The latter may comprise of space, financial equivalent, a combination of the two, or any other resolution agreed by iwi and the Crown.
