Frequently Asked Questions (FAQ)
What does the Maori Commercial Aquaculture Claims Settlement Act provide for iwi?
How do iwi get assets from the Aquaculture Settlement?
How are Aquaculture Settlement assets allocated?
What are AMAs and how do iwi get 20%?
What is pre-commencement space?
How much pre-commencement space is there?
What if there is no marine farming in my region?
Which iwi will receive AMA waterspace under this settlement?
What are Iwi Aquaculture Organisations (IAOs)?
Does the Maori Aquaculture Settlement include land based aquaculture?
Takutai Trust facilitates agreements between Iwi Aquaculture Organisations on the allocation of their entitlements under the Aquaculture Settlement. However, Takutai Trust does not have any formal role in deciding on conflicting claims by iwi. Our role is to facilitate iwi agreements for determining the amount and location of assets to iwi.
What does the Maori Commercial Aquaculture Claims Settlement Act provide for iwi?
The Crown will provide Māori with the equivalent of 20% of all marine farming space created around New Zealand's coasts and specfic harbours since 21 September 1992. The Maori Commercial Aquaculture Claims Settlement Act 2004 sets out two ways to do this:
- it will provide water-space rights for 20% of all 'new’ space created;
- it will provide either equivalent water-space rights or the financial equivalent for 20% of 'pre-commencement space'.
These assets will be held by the Takutai Trust, on a region-by-region basis and will then be allocated amongst each region's iwi, in accordance with the Act.
How do iwi get assets from the Aquaculture Settlement?
For iwi to be eligible for assets from the Aquaculture Settlement, they must be a Mandated Iwi Organisation under the Maori Fisheries Act, and must be authorised as an Iwi Aquaculture Organisation. Iwi within a region must also agree to how the aquaculture assets will be allocated.
How are Aquaculture Settlement assets allocated?
Aquaculture Settlement assets will be allocated based on the jurisdictions of regional councils and unitary authorities. The exception is those harbours identified by the Second Schedule of the Maori Commercial Aquaculture Claims Settlement Act 2004 - where settlement assets will be allocated to iwi whose rohe/area abut that harbour.
The harbours identified by the Second Schedule of the Maori Commercial Aquaculture Claims Settlement Act 2004 are:
North Island
|
Parengarenga Harbour |
Houhora Harbour |
Rangaunu Harbour |
|
Mangonui Harbour |
Whangaroa Harbour |
Te Puna Inlet |
|
Waikare Inlet |
Whangaruru Harbour |
Whangarei Harbour |
|
Mangawhai Harbour |
Whitianga Harbour |
Tairua Harbour |
|
Tauranga Harbour |
Ohiwa Harbour |
Aotea Harbour |
|
Kawhia Harbour |
Raglan Harbour |
Port Waikato |
|
Manukau Harbour |
Kaipara Harbour |
Hokianga |
South Island
|
Croisilles Harbour |
Pelorus Sound |
Queen Charlotte Sound |
|
Admiralty Bay |
Port Gore |
Port Underwood |
The eastern and western coastlines of the Waikato and Wanganui-Manawatu regions are treated as separate regions for the purposes of these allocations.
What are AMAs and how do iwi get 20%?
At present, any aquaculture activity only takes place within Aquaculture Management Areas (AMAs). AMAs are established through a plan change to the Regional Coastal Plan. Existing permitted aquaculture licenses before the new aquaculture reforms will have AMAs automatically created. The Aquaculture Settlement assets being allocated are the rights to apply for a resource consent in the 20% of new aquaculture space, this is referred to as the authorisation to apply for a consent, or to hold the consent in 20% of existing space.
New space is any marine farming space that becomes available under the current aquaculture regime that came into effect on the 1st January 2005. This includes space covered by any marine farm permit applications that did not get ‘notified’ by regional councils before the moratorium on 28 November 2001.
What is pre-commencement space?
Any marine farming space covered by permits, leases, or licenses first issued between 21 September 1992 and 1 January 2005 is referred to as 'pre- commencement space'. This includes any space that is first approved under the old legislation after 1 January 2005. So any authorisations issued in this way are deemed to be 'pre-commencement space' (even though they will have been issued after 1 January 2005).
How much pre-commencement space is there?
As of December 2009 there is a total area of 15,786.30 hectares of marine farming space that was created between 21 September 1992 and 1 January 2005. 20% of the 15,786.30 hectares equates to 3,157.26 hectares of pre-commencement space for iwi.
The Ministry of Fisheries website (www.fish.govt.nz) keeps an updated register of pre-commencement space for each region.
What if there is no marine farming in my region?
Aquaculture Settlement allocations will be made whenever your regional council or unitary authority creates AMAs. So if there are no marine farms within your area now, through future AMAs iwi will be eligible to receive a share of new space created.
Which iwi will receive AMA waterspace under this settlement?
The Maori Commercial Aquaculture Claims Settlement Act 2004 states that iwi with coastal rohe/area are entitled to a share of the 20% of all new AMAs created in their area under the current aquaculture regime. Iwi without coastline receive no water-space under this settlement. Iwi that have rohe/area that includes a specfic harbour will share 20% of new AMAs created within that harbour.
Before receiving waterspace under the Maori Commercial Aquaculture Claims Settlement Act, iwi organisations must be recognised under the Maori Fisheries Act 2004 and therefore meet certain minimum requirements relating to governance and management.
What are Iwi Aquaculture Organisations (IAOs)?
The vehicle for receiving an iwi’s assets equivalent to 20% of water-space created in coastal waters since 21 September 1992 is an Iwi Aquaculture Organisation (IAO). An IAO must be a Mandated Iwi Organisation (MIO) for the purpose of receiving fisheries settlement assets under the Maori Fisheries Act. There are some additional matters that a MIO must reflect in its constitution in order to be recognised as an IAO under the Maori Commercial Aquaculture Claims Settlement Act.
Takutai Trust is responsible for facilitating and guiding iwi through this process.
See the regions map for all the IAOs in your region.
Does the Maori Commercial Aquaculture Claims Settlement include land based aquaculture?
No. The Maori Aquaculture Settlement only relates to commercial marine farming in coastal waters out to 12 nautical miles. The settlement does not relate to freshwater aquaculture, land based aquaculture (fresh or salt water) or beyond the jurisdiction of a Council's coastal waters.
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