Te Pire Whiriwhiri Take Mfiori
Xx Xxxx Whiriwhiri Take Mfiori
He Pire Kawanatanga
Te porongo a te Komiti Whiriwhiri Take M3ori
NgA KOrero
TOtohutanga
Kua Ata tirohia e te Komiti xx Xxxx Whiriwhiri Take Maori, 5, ka
tatohu kia whakaaetia xx xxxx me xxx whakatikatika.
Kupu Whakataki
He pire hOrapa xx Xxxx Whiriwhiri Take M5ori tae atu ki ng5 whaka-
tikatika hoki ki te Ture Whenua Maori o te tau 1993, te Ture mO te
Tiriti o Waitangi o te tau 1975, te Ture Haonga Ika Maori o te tau
2004, a, me te Ture Whakataunga Kereme Titupu Rowai Ohanga
MAori o te tau 2004.
He huhua nga take i ata tirohia e matou tae atu ki enei, ara, te ra kati mO te whakatokoto tpaetanga kereme Tiriti o nehera ki te Ropo Whakamana i te Tiriti o Waitangi, te whakapiki i te nui rawa o nga kaiwhakawa Koti Whenua Maori ka taea te whakaingoa, te whakapai atu i nga wahanga whakataunga wenewene ki te Ture Whenua Maori o te tau 1993, te whakamana i nga mahi n tetahi Kaiwhakawa Matua Tuarua 6 mua o te Koti Whenua Maori i
whakatau i a ia e to xxx xxx Kaiwhakawa whakakapi tua atu i te wa o xXxx tohu whakamana, a, me te maha o etahi whakatikatika A- hangarau e pa xxx ki te Ture Haonga Ika MAori o te tau 2004 me te
Ture Whakataunga Kereme Titupu ROwai Ohanga Maori o te tau
2004 hoki.
55--2
2 Xx Xxxx Whiriwhiri Take Xxxxx Xxx Xxxxxx
Te Ture Haonga Ika Mfiori o te tau 2004
Te whakarerekC xxxx whakahaere motunga
Ka tfitohu mAtou kia whakarereketia a Wahanga 3 0 xx xxxx me te whakauru i a tekiona 148A hOu ki roto i te Ture Haonga Ika Maori o te tau 2004. Kei te Kamupene Kaitiaki o Te Ohu Kai Moana te kawenga mO te whakahaere i xxx xxx whakataunga haonga ika, me te whakarato motunga hoki ki nga ropo whakahaere a-iwi whai mana kokiri. Heoi, ka taea xxx xxxx whakahaere motunga te whakarereke i runga i te tutohutanga a te Minita Haonga Ika hei whakatairanga i xx xxx xxx o te whakahaere rawa ika, hei whakapai atu ranei i te hua Ohanga e hoki xxx xxx i te haonga ika. Ka whakarereketia xxx he xxxx whakahaere motunga, ka rereke tahi anO hoki te ingoa me te rahi o ngfi hea kei te Kamupene Kaitiaki o Te Ohu Kai Moana e pupuri xxx. Mii te whakatikatika ra e kaha ai te Kamupene Kaitiaki o Te Ohu Kai Moana i te wa e whakarato motunga xxx ki te iwi, ki te hoatu whakaaro mO nga whakarer- eketanga o nga hea motunga kei a ia e pupuri xxx e pa xxx ki xxx whakarereketanga o xxx xxxx whakahaere motunga i raro tekiona 25 o te Ture Haonga Ika o te tau 1996.
Te whakahuihui hOu i xxx xxxx pfipaka wherowhero
Ka tfitohu matou kia whakatikaina a rara 23 0 xx xxxx, kia whai wahi ai mO tetahi whakatikatika ki Puka Apiti 1 0 te Ture Haonga Ika Maori, e pa xxx ki te xxxxxxxxxxx xxx i xxx xxxx papaka whero- whero hei rawa moana uriuri, xx xxxxxx hei rawa ki uta. He rerek8
nga tikanga whakarato rawa mO te moana uriuri ki Bra mO uta. Na, mO te hapa e p xxx ki te xxxxxxxxxxx xxxx papaka wherowhero, whakatikaina tera kia taea ai e te Kamupene Kaitiaki o Te Ohu Kai Moana, te whakarato xx xxxx nei e ai ki te mahi i whakaaetia i raro i
te tauira mO te whakarato whakataunga haonga ika.
Te whakamanatanga i ngfi whakaratonga a Te Kamupene
Kaitiaki o Te Ohu Kai Moana
Ka t[tohu matou kia whakatikaina a rara 25 0 xx xxxx, kia taea ai te whakamana nga mahi a te Kamupene Kaitiaki o Te Ohu Kai Moana, mO te whakarato hua haonga ika ki te iwi, i runga i te pfitake o nga hea motunga kei a ia ake e pupuri xxx mo xxx xxxx e whitu, otira, i te wa atu i te 1 0 Whiringa-5-nuku 2004 (te wa i whakarereketia ai nga hea motunga), 5, ki te ra i uru mai ai te Ture whakatikatika. Na, mo ng5 rawa e whitu kei rara 23(1) o xx xxxx e whakararangi xxx, kei te haere tonu nga whakaratonga a te Kamupene Kaitiaki o Te Ohu Kai Moana ki te iwi i runga i te potake o nga hea, kei a ia e pupuri xxx i te wA nei, whai mud i te whakahekenga o na hea i te 1 0 Whiringa-5-
Nga Kerero Xx Xxxx Whiriwhiri Take Maori 3
nuku 2004, a, kaore i runga i nga puputanga i ata whakahuatia i Puka
Apiti 1. Ko te whakamarama pea mo tenei e penei ana, ara, e takahi
-hangarau xxx tenei i te Ture Haonga Ika M5ori o te tau 2004, 5, ko te wero i nga mahi a te Kamupene Kaitiaki o Te Ohu Kai Moana xx xxxxxxx mai. E tika xxx kia whakamanatia nga mahi nei i raro i te ture i te mea, e rite xxx aua mahi ki te koronga o te tauira mO te whakarato kei roto i te Ture Haonga Ika Maori o te tau 2004, me nga whakatikatika kei roto i a rara 23 0 xx xxxx.
Etahi atu whakatikatika
Whakatika ai a rara 7 0 xx xxxx i tekiona 26G o Te Ture Whenua
MAori o te tau 1993 ki te whakamarama ka taea e tetahi Kaiwhakawa
te whakatau he tono e pa xxx ki tetahi wenewene i raro i te Ture Whakataunga Kereme Titupu ROwai Ohanga Maori, o te tau 2004. Ka tutohu matou kia tangohia a "26G(3)(a)" i te rara 7(1) me te whakakapi ma "26G".
Ka tOtohu matou kia whakatikaina a rara 13 kia kapi ai xxx xxxx, "anything goes" e xxx xxxx, "any action taken" i te mea, he pai xxx xxx kupu hOu nei ki a matou.
Ka tfitohu matou kia whakatikaina a tekiona 147A hOu, i rara 22 me
rara 11A hOu hoki ote Kupu Apiti 6, i rara 24, hei whakangawari ite
xxxx xxxx xxxxxxx.
Ka tfitohu matou i tetahi whakatikatika paku nei ki rara 25(1)(a).
Te Ture mO te Tiriti o Waitangi o te tau 1975
I whakaaratia e etahi kaitapae he maharahara e pa xxx ki te whakatakoto ra kati mO te tuku tapaetanga kereme Tiriti o nehera, ki te ROpO Whakamana i te Tiriti o Waitangi. NA nga hiahiatanga o te whakapono pai me te tika, ka whakahe etahi ki nga whakataumahatanga o tetahi r5 kati, ahakoa he aha te ra. I mAharahara hoki etahi atu kaitapae ki te xx xxx i whakatakotoria i te mea, ka kore rahi rawa te wa kimi tohutohu, wa whiriwhiri rineii xx
xxxx o te iwi me nga hai?01.
E ai ki xx xxxx, ki te taka he mahi i mua atu i te 21 0 Mahuru o te tau 1992, he kereme Tiriti o nehera tera. Ko te tohutohu ki a matou, ko tenei r5 te ra i whakaritea ai e te Kawanatanga o te ra, nga matapono
kia whakamahia mO te whakatau kereme Tiriti o nehera (Pepa
ROnanga Kawanatanga CAB (92) M 38 / 11). Kua whakamahia tenei ra i nga whakaaetanga whakataunga whai ake i whiria i xx xxxx o te Karauna. Ki a matou, ki te whakaurua he ra ke atu i tenei wahanga, kua kore rite ki te kaupapa here whakataunga o nga tau 14
o mua.
4 Xx Xxxx Whiriwhiri Take MAori Nga Korero
Ahakoa he rite nga maharahara o etahi o matou ki era na nga kaitapae i whakaara, ki tetahi nuinga, i runga i te hiahia kia arotau atu te wa whakataunga kereme o nehera, ka xxxx xxxx atu he ra kati mo nga tapaetanga mO aua momo kereme.
Te Ture Whenua Mori o te tau 1993
Whakamanatia ai e rara 13(3) o xx xxxx i raro i te ture, nga whakataunga me etahi atu mahi a tetahi Kaiwhakawa Matua Tuarua 0 mua, o te KOti Whenua Maori, ara, a Kaiwhakawa Xxxxxx Xxxx
xxxx nei i whakatakoto i waenganui o nga ra atu i te 1 0 Whiringa-a- rangi, me te 30 0 Whiringa-a-rangi, i te tau 2000, whai muri i te mOnehutanga o xxxx tohu whakamana. NA te hold whakamuri o te ehua o te hanganga ture ki nga whakataunga 0 mua, ka maharahara matou mehemea kei te tika te whakamanatanga e ai ki ngS ahuatanga.
Ko te tohutohu ki a matou, kaore he kiko mo te whakaw5 whakataunga anO i te mea, i mahi nga rOpO i whakaawea i runga i te whakapono pai ki nga whakataunga me etahi atu mahi a te
Kaiwhakawl Heoi, kua rereke 6 ratou ahuatanga inaianei mai i te
wa i whakatakotoria ai aua whakataunga. Ko te whakaatu anO hoki ki a mAtou, he mea uaua te tohu me te mOhio ko xxx xxxxx ng5 rOpO i whakaawea. Ki t6 matou mohio, xxxxx xx kaha o nga ropu ki te
whakatakoto tono i raro tekiona 45 0 te Ture Whenua e ahatia e te
whakamanatanga o nga whakataunga, ki te kitea e ratou he hapa, he whakarerenga kore hononga ranei i roto i tetahi whakataunga a
Kaiwhakawa Mete i te wA i monehu te tohu whakamana.
Ki etahi o matou i runga i nga ahuatanga nei, he tika tonu te whakahoki i te whakamanatanga ki ngS whakataunga 0 mua, i ko tera anake te huarahi whai kiko e whiwhi ai nga rOpu e kDrerohia ake nei i te kupu tOturu mO tou. Heoi, xxxxx xx Ropo Nahinara i whakaae kia riro mi te hanganga ture e whakahoki te whakamanatanga ki nga whakataunga 6 mua mo nga momo whakataunga penei. Tua atu hoki, i te maharahara Btahi atu mo nge rOpo i whakaawea e nga whakataunga na Kaiwhakawa Mete i whakatakoto i te wa nei i te mea, kore anO pea te whakaatu mO te ahua o nga whakataunga kia tae atu ki a ratou, kia tae atu rAnei te tohutohu 8-kanohi, a-haingai hoki e whakaatu xxx, kei te whakamanatia aua whakataunga e te hanganga ture nei.
Nga Korero
Tapiritanga
Xx Xxxx Whiriwhiri Take Maori 5
Htepe komiti
I tonoa xx Xxxx Whiriwhiri Take Maori ki te komiti i te 27 0 Pipiri, i te tau 2006. Ko te 18 0 Here-turi-kDka, ite tau 2006, te ra kati mO nga tapaetanga. E 20 nga mpaetanga i whiwhi, 5, i whakaaroarohia e matou, mai i 8tahi rOpo whai panga me te hunga takitahi. E waru nga tipaetanga i rongo a-taringahia e matou.
Na Te Puni Kokiri, na Te ManatO Ture, na Te Tautiaki i xxx xxxx a
Tangaroa nga whakamaherehere ki a matou. Ko enei te komiti, ar, ko
Xxxx Xxxxxxx (Heamana)
Xxxxx Xxxxxxxx
Xxxxxx Xxx Xxxxxx Xxxxxx Xxxxxx Xxxxxx Pita Paraone
XXxxxx Xxxx Xxxxxxx
T5kuta Pita Xxxxxxxx XXxxxx Xxxxxxxx te Heuheu
He xxxxx kore panga pOti a Metiria T[rei mO tenei take.
6 Maori Purposes Commentary
Maori Purposes Bill
Government Bill
As reported from the Maori Affairs Committee
Commentary
Recommendation
The Maori Affairs Committee has examined the Maori Purposes Xxxx and recommends that it be passed with the amendments shown.
Introduction
The Maori Purposes Xxxx is an omnibus bill including amendments to Te Ture Whenua Maori Act 1993, the Treaty of Waitangi Act 1975, the Maori Fisheries Act 2004, and the Maori Commercial Aquacul-
ture Claims Settlement Act 2004.
We examined a number of issues in our consideration of the bill, including the setting of a closing date for the submission of histori- cal Treaty of Waitangi claims to the Waitangi Tribunal, increasing the maximum number of Maori Land Court judges that can be appointed, refining dispute resolution provisions in Te Ture Whenua Maori Act 1993, validating actions taken by a former Deputy Chief Judge of the Maori Land Court in exercising jurisdiction as an acting Judge beyond the term of his warrant, and a number of technical
amendments relating to the Maori Fisheries Act 2004 and the Maori
Commercial Aquaculture Claims Settlement Act 2004.
Maori Fisheries Act 2004
Alteration of quota management areas
We recommend that Part 3 of the bill be amended to insert new section 148A into the Maori Fisheries Act 2004. Te Ohu Kai Moana
Trustee Limited is responsible for administering fisheries settlement assets, which includes allocating quota to mandated iwi organisa- tions. However, quota management areas may be altered on the recommendation of the Minister of Fisheries to promote the better management of the fish stock or to improve the economic return from the fishery. When a quota management area is altered, both the
Commentary Maori Purposes 7
stock name and number of shares held by Xx Xxx Xxx Xxxxx Trustee Limited will change. The amendment would allow Te Ohu Kai Moana Trustee Limited, when allocating quota to iwi, to take into account changes to the quota shares it holds resulting from alterations to quota management areas under section 25 of the Fish-
eries Act 1996.
Reclassification of red crab stocks
We recommend that clause 23 of the bill be amended to provide for an amendment to Schedule 1 of the Maori Fisheries Act to reclassify red crab stocks as deepwater rather than inshore stocks. Different allocation rules apply to inshore and deepwater stocks. An error in the classification of red crab stocks needs to be corrected to ensure
that Te Ohu Kai Moana Trustee Limited can allocate this stock in
accordance with the process agreed to under the fisheries settlement
allocation model.
Validation of allocations by Xx Xxx Xxx Xxxxx Trustee Limited
We recommend that clause 25 of the bill be amended to validate
actions by Te Ohu Kai Moana Trustee Limited in allocating fisheries assets to iwi, on the basis of the quota shares actually held by Te Ohu Kai Moana Trustee Limited for seven stocks in the period between 1 October 2004 (when the quota shares were changed) and the date on which the amending Act comes into force. For the seven affected stocks listed in clause 23(1) of the bill, Te Ohu Kai Moana Trustee
Limited has progressed with allocations to iwi on the basis of the number of shares it now holds, after its shareholdings were reduced on 1 October 2004, rather than the amounts specified in Schedule 1. It is possible that this could be interpreted as a technical breach of the Maori Fisheries Act 2004, resulting in a challenge to the actions of Te Ohu Kai Moana Trustee Limited. A statutory validation of these actions is justified, as they are consistent with both the inten- tion of the allocation model in the Maori Fisheries Act 2004 and the
amendments contained in clause 23 of the bill.
Other amendments
Clause 7 of the bill amends section 26G of Te Ture Whenua Maori
Act 1993 to clarify that a Judge may determine an application relating to a dispute under the Maori Commercial Aquaculture Claims Settlement Act 2004. We recommend that "26G(3)(a)" be
removed from clause 7(1), and replaced with "26G".
8 Maori Purposes Commentary
We recommend amending clause 13 to replace the words "anything done" with "any action taken", as we consider the new wording to be preferable.
We recommend amending new section 147A in clause 22, and new clause 11A of Schedule 6 in clause 24, to simplify the drafting of the provisions.
We recommend a minor amendment to clause 25(1)(a).
Treaty of Waitangi Act 1975
A number of submitters raised concerns around the setting of a closing date for the submission of historical Treaty claims to the Waitangi Tribunal. Some opposed the imposition of any closing date in the interests of good faith and fairness. Other submitters were concerned that the particular date had been set without sufficient consultation or negotiation with iwi and hapu.
The bill defines an historical Treaty claim as one that relates to events that occurred before 21 September 1992. We are advised that this date is the date on which the Government of the day decided on the principles to be used for settling historical Treaty claims (Cabi- net Paper CAB (92) M 38 / 11). This date has been used in subse- xxxxx xxxxx of settlement negotiated with the Crown. We consider that it would be inconsistent with the past 14 years of settlement policy to introduce another date at this stage.
While some of us share similar concerns as those raised by submit- ters, a majority consider that, in the interest of a more timely settle- ment of historical claims, a closing date for submissions of such
claims is warranted.
Te Ture Whenua Maori Act 1993
Clause 13(3) of the bill gives statutory validation to the decisions and other actions of a former Deputy Chief Judge of the Maori Land Court, Judge Xxxxxx Xxxxx, made between 1 November 2000 and 30 November 2000, after his warrant had expired. Given the retro- spective nature of the legislation, we were concerned as to whether the validation is justified by the circumstances.
We were advised that rehearing cases is not considered to be a viable course of action, as the affected parties will have acted in good faith in reliance on the decisions and other actions of the Judge. Their circumstances could therefore have changed since the decisions
Commentary MAori Purposes 9
were made. We are also informed that it would be difficult to
identify and find all the affected parties. We understand that the validation of the decisions will not affect the ability of parties to make an application under section 45 of Te Ture Whenua Maori Act if they find a mistake or omission unrelated to the expired warrant in a decision of Judge Xxxxx.
Some of us consider that retrospective validation is justified in these circumstances, and is the only practicable way of providing certainty for the parties concerned. The National Party, however, does not agree with the use of legislation for retrospective validation of these types of decisions. In addition, others are concerned that parties affected by decisions made by Judge Xxxxx during this period have not been notified of the status of the decisions, or personally and directly advised of the fact that those decisions were to be validated by this legislation.
10
Appendix
Maori Purposes Commentary
Committee process
The M ori Purposes Bill was referred to the committee on 27 June 2006. The closing date for submissions was 18 August 2006. We received and considered 20 submissions from interested groups and individuals. We heard eight submissions.
We received advice from Te Puni Kokiri, the Ministry of Justice, and the Ministry of Fisheries.
Committee membership Xxxx Xxxxxxx (Chairperson) Xxxxx Xxxxxxxx
Hon Xxx Xxxxxx
Hon Xxxxxx Xxxxxx Pita Paraone
Hon Xxxx Xxxxxxx
Xx Xxxx Xxxxxxxx
Hon Xxxxxxxx Xx Xxxxxx
Xxxxxxx Xxxxx was a non-voting member for this item of business.
Maori Purposes
Key to symbols used in reprinted bill
As reported from a select committee
Struck out (unanimous)
1 1
Subject to this Act, Text struck out unanimously
New (unanimous)
1 1
Subject to this Act,
Text inserted unanimously
1 1
(Subject to this Act.1
Subject to this Act,
Words struck out unanimously Words inserted unanimously
Hon Xxxxxxxx Xxxxxxx
Maori Purposes Bill
Government Bill
Contents
Page
1 Title 2
2 Commencement 2
Part 1
Te Ture Whenua Maori Act 1993
3 Principal Act amended 2
4 Appointment of Judges 2
5 Chief Judge and Deputy Chief Judge 3
8A Delegation to Deputy Chief Judge 3
6 Procedure of Court in making determinations 3
7 Procedure for applications referred to Court 3
8 Procedure of Court in making determinations 4
9 Procedure for applications referred to Court 4
10 New heading and section 48A inserted 5
Exercise of powers by Deputy Chief Judge
48A Deputy Chief Judge may exercise special pow- 5
ers of Chief Judge
11 Heading inserted above section 49 5
12 Appeal 5
13 Validations 5
14 Accounts and balance sheet 6
Part 2
Treaty of Waitangi Act 1975
15 Principal Act amended 6
16 Interpretation 6
17 Jurisdiction of Tribunal to consider claims 6
18 New section 6AA inserted 7
6AA Limitation of Tribunal's jurisdiction in relation 7 to historical Treaty claims
19 Schedule 2 amended 7
Part 3
Maori Fisheries Act 2004
20 Principal Act amended 7
21 Obligation to establish and maintain iwi register 7
55--2
cl 1
22
22A
23
24
25
26
27
Maori Purposes
New heading and sections 147A and 147B inserted 8
Adjustments to number of quota shares
available for distribution
147A Recalculation of allocations of deepwater stock 8
147B Allocation of reduced number of quota shares 8
New heading and section 148A inserted 9
Alteration of quota management areas under
Fisheries Act 1996
148A Consequence of altering quota management area 9
Schedule 1 amended 9
Schedule 6 amended 10
10A Determination of entitlements for harbour quota 10
11A Recalculation of entitlements 11
Validation 12
Part 4
Maori Commercial Aquaculture Claims Settlement
Act 2004
Principal Act amended 12
Interpretation 13
The Parliament of New Zealand enacts as follows:
1 Title
This Act is the Maori Purposes Act 2006.
2 Commencement
This Act comes into force on the day after the date on which it
receives the Royal assent. 5
Part 1
Te Ture Whenua Maori Act 1993
3 Principal Act amended
This Part amends Te Ture Whenua Maori Act 1993.
4 Appointment of Judges 10
Section 7(2) is amended by omitting "8" and substituting
" 14".
2
Maori Purposes Part 1 cl 7
5
"BA
"(1)
"(2)
"(3)
"(4)
"(5)
6
7
(1)
(2)
Chief Judge and Deputy Chief Judge
The following section is inserted after section 8:
Delegation to Deputy Chief Judge
The Chief Judge may delegate to the Deputy Chief Judge, either generally or particularly, any power, function, or duty 5 conferred on the Chief Judge by or under this Act.
Subject to general or particular directions given by the Chief Judge, the Deputy Chief Judge has and may exercise and perform all the powers, functions, or duties delegated by the
Chief Judge in the same manner and with the same effect as if 10 they had been conferred on the Deputy Chief Judge directly
by this Act and not by delegation.
A delegation-
"(a) must be in writing; and
"(b) is revocable in writing at any time; and 15
64 /
(c) may be made subject to any restrictions or conditions
that the Chief Judge thinks fit; and
"(d) does not prevent the exercise or performance of a power, function, or duty by the Chief Judge; but
"(e) must not include a power of delegation. 20
In the absence of proof to the contrary, the Deputy Chief Judge, when purporting to act under a delegation, is presumed to be acting in accordance with the terms of the delegation.
Powers exercised, functions performed, or decisions made by
the Deputy Chief Judge acting as the Chief Judge may not be 25 questioned in any proceeding on the ground that the occasion
for the Deputy Chief Judge so acting had not arisen or had
ceased."
Procedure of Court in making determinations
Section 26F(3)(a) is amended by inserting "without a full or 30 any hearing" after "issue".
Procedure for applications referred to Court
The heading to section (26(763)(a)) 266 is omitted and the heading "Powers of Court if application referred under section 26F(3)(b)" substituted. 35
Section 26G is amended by repealing subsection (1) and sub-
stituting the following subsections:
3
Part I cl 7 Maori Purposes
"(1) If a matter is referred to the Court for hearing and determina- tion under section 26F(3)(b), the Court must proceed to hear and determine the application.
"(1 A) However, despite subsection (1), the Court may (but is not obliged to) do 1 or more of the following: 5 "(a) if subsection (2) applies, determine the issue without a
full or any hearing and make an order accordingly:
"(b) exercise the powers in section 67 for the purpose stated
there:
lc) if subsection (3) applies, dismiss or defer consideration 10
of the application:
"(d) request a report from Te Ohu Kai Moana Trustee
Limited on any matter the Court considers appropriate."
8 Procedure of Court in making determinations
Section 26T(3)(a) is amended by inserting "without a full or 15 any hearing" after "issue".
9 Procedure for applications referred to Court
(1) The heading to section 26U is omitted and the heading "Pow- ers of Court if application referred under section
26T(3)(b)" substituted. 20
(2) Section 26U is amended by repealing subsection (1) and sub- stituting the following subsections:
"(1) If a matter is referred to the Court for hearing and determina- tion under section 26T(3)(b), the Court must proceed to hear
and determine the application. 25
"(1 A) However, despite subsection (1), the Court may (but is not
obliged to) do 1 or more of the following:
"(a) if subsection (2) applies, determine the issue without a full or any hearing and make an order accordingly:
"(b) exercise the powers in section 67 for the purpose stated 30
there:
"(c) if subsection (3) applies, dismiss or defer consideration
of the application:
"(d) request a report from Te Ohu Kai Moana Trustee
Limited on any matter the Court considers appropriate." 35
4
Maori Purposes Part 1 cl 13
10 New heading and section 48A inserted
The following heading and section are inserted after section
48:
" Exercise of powers by Deputy Chief Judge
"48A Deputy Chief Judge may exercise special powers of 5
Chief Judge
The Deputy Chief Judge has and may exercise, subject to the direction of the Chief Judge, the powers, functions, and duties of the Chief Judge under sections 44 to 48."
11
12
(1)
(2)
13
(1)
(2)
(3)
Heading inserted above section 49 10 The heading "Right Of appeal against exercise of special powers" is inserted above section 49.
Appeal
Section 49(1) is amended by inserting "or the Deputy Chief Judge" after "Chief Judge". 15
Section 49(2) is amended by omitting "to the Chief Judge
under this section" and substituting "under section 45".
Validations
Subsection (2) applies to lanything done) any action taken before the commencement of this Act by the Deputy Chief 20 Judge--
(a) under sections 44 to 48 of the principal Act; or
(b) under section 452 of the Maori Affairs Act 1953, on or
after 21 June 1991.
If subsection (1) applies, (anything done) any action taken by 25
the Deputy Chief Judge must be treated-
(a) as if it had been done by the Chief Judge; and
(b) as having, from the time when it was done, the same effect as if it had been done by the Chief Judge.
(Anything xxxxx Any action taken by His Honour Judge Nor- 30 man X Xxxxx, in exercising or purporting to exercise his juris- diction as an acting Judge of the Maori Land Court at any time
in the period beginning on 1 November 2000 and ending on
30 November 2000, must be treated-
(a) as i f it had been done in accordance with section 10 of 35
the principal Act for the whole of that period; and
5
Part 1 cl 13 Maori Purposes
(b) as being as valid and of the same effect as if His Honour had been entitled to exercise the jurisdiction of an act- ing Judge throughout that period.
14 Accounts and balance sheet
Sections 276(2), (3), and (4), 277(6), and 281(1)(c) are 5 amended by omitting "profit and loss account" (wherever) in each place where it appears and substituting in each case "statement of financial performance .
Part 2
Treaty of Waitangi Act 1975 10
15 Principal Act amended
This Part amends the Treaty of Waitangi Act 1975.
16 Interpretation
Section 2 is amended by inserting the following definitions in their appropriate alphabetical order: 15
"historical Treaty claim means a claim made under section 6( 1) that arises from or relates to an enactment referred to in section 6(1)(a) or (b) enacted, or to a policy or practice adopted or an act done or omitted by or on behalf of the
Crown, before 21 September 1992 20
"submit, in relation to a historical Treaty claim, means sub- mitted in accordance with a practice note made by the Tribu- nal under clause 5(10) of Schedule 2."
17 Jurisdiction of Tribunal to consider claims
(1) Section 6 is amended by repealing subsection (2) and substi- 25 tuting the following subsection:
"(2) The Tribunal must inquire into every claim submitted to it
under subsection (1), unless-
"(a) the claim is submitted contrary to section 6AA(1); or
"(b) section 7 applies." 30
6
Maori Purposes Part 3 cl 21
18 New section 6AA inserted
The following section is inserted after section 6:
"6AA Limitation of Tribunal's jurisdiction in relation to historical Treaty claims
"(1) Despite section 6(1), after 1 September 2008 no Maori may- 5
"(a) submit a claim to the Tribunal that is, or includes, a
historical Treaty claim; or
"(b) amend a claim already submitted to the Tribunal that is not, or does not include, a historical Treaty claim by
including a historical Treaty claim. 10
" (2) However, subsection (1) does not prevent a historical Treaty claim submitted to the Tribunal on or before 1 September 2008 from being amended in any way after 1 September 2008.
"(3) The Tribunal does not have jurisdiction (including, but not limited to, the jurisdiction to inquire or further inquire into, or 15 to make any finding or recommendation) in respect of a histor-
ical Treaty claim that is-
"(a) submitted contrary to subsection (1)(a); or
"(b) included in a claim contrary to subsection (1)(b)
"(4) To avoid doubt, if a claim is submitted to the Tribunal con- 20 trary to subsection (1), it must be treated for all purposes (including, for example, for the purposes of sections 8A(2), 8C(1), 8HB(1), 8HD(1), and 8HJ) as not having been
submitted."
19 Schedule 2 amended 25
Clause 5 of Schedule 2 is amended by adding the following
subclause:
"(10) After consulting whoever, in his or her opinion, is appropriate,
the Chairperson of the Tribunal may issue practice notes as to
the practice and procedure of the Tribunal." 30
Part 3
Maori Fisheries Act 2004
20 Principal Act amended
This Part amends the Maori Fisheries Act 2004.
21 Obligation to establish and maintain iwi register 35 Section 40(3)(d) is amended by inserting "10A or (clause)"
after 4, clause".
7
Part 3 cl 22 Maori Purposes
22 New heading and sections 147A and 147B inserted
The following heading and sections are inserted after section
147:
"Adjustments to number of quota shares available
for distribution 5
"147A Recalculation of allocations of deepwater stock
Struck out (unanimous) 1 1
Te Ohu Kai Moana Trustee Limited must recalculate the
number of quota shares allocated to an iwi, and amend the register accordingly if, following the allocation of a deepwater
stock under section 141 or section 142, but before the transfer 10
of the quota shares to the iwi, the number of shares for the stock available for distribution is reduced by the application of section 23(1) of the Fisheries Act 1996 as a result of accrued
interests arising under section 28N of the Fisheries Act 1983.
1 1
New (unanimous)
1 1
"( 1 ) Subsection (2) applies if- 15
"(a) the number of shares for a stock available for distribu-
tion is reduced by the application of section 23(1) of the
Fisheries Act 1996 as a result of accrued interests aris-
ing under section 28N of the Fisheries Act 1983; and
"(b) deepwater stock has been allocated to an iwi under 20
section 141 or 142; but
"(c) the quota shares have not been transferred to the iwi.
"(2) Te Ohu Kai Moana Trustee Limited must recalculate the number of quota shares allocated to an iwi, and amend the register accordingly. 25
1 1
"147B Allocation of reduced number of quota shares
The number of quota shares listed in the third column of Schedule 1 for a quota management stock is reduced in the same proportion as the number of settlement quota shares for
that stock is reduced if section 23(1) of the Fisheries Act 1996 30
applies as a result of accrued interests arising under section
28N of the Fisheries Act 1983."
8
Maori Purposes
Part 3 cl 23
New (unanimous)
1 1
22A
New heading and section 148A inserted
The following heading and section are inserted after section
148:
"Alteration of quota management areas under Fisheries
Act 1996 5
"148A Consequence of altering quota management area
"(1) This section applies to Te Ohu Kai Moana Trustee Limited
if-
Ca) a quota management area is altered under section 25 of
the Fisheries Act 1996; and 10
"(b) settlement quota for that area has not been fully allo-
cated under this Act.
"(2) Te Ohu Kai Moana Trustee Limited must-
" (a) first calculate all entitlements to settlement quota for the relevant stock as if the quota management area had not 15 been altered under section 25 of the Fisheries Act 1996;
and
"(b) then convert the amount of the quota shares for the stock to the shares relevant to the altered quota manage-
ment area, applying the method set out in either- 20
"(i) the quota owner agreement entered into under
section 25A of the Fisheries Act 1996 for that
stock; or
"(ii) the plan approved by the Minister under section
25B of the Fisheries Act 1996 for that stock." 25
1 1
23
(1)
Schedule 1 amended
Part 1 of Schedule 1 is amended by omitting from the third
column,-
(a) in relation to the item BNS2, "9 720 632" and substitut-
ing "8 680 520"; and 30
(b) in relation to the item SCH3, "9 999 845" and substitut-
ing "8 775 780"; and
(c) in relation to the item SCH7, " 10 000 000" and substi-
tuting "8 812 748"; and
(d) in relation to the item SCHS, " 10 000 000" and substi- 35
tuting "9 876 709"; and
9
Part 3 cl 23
(e)
(f)
(g)
Maori Purposes
in relation to the item SPO2, "9 998 056" and substitut-
ing "9 574 340"; and
in relation to the item TAR2, " 10 000 000" and substi-
tuting "9 865 861"; and
in relation to the item TAR3, (the expression) "9 999 5
401", and substituting the expression "9 593 345".
New (unanimous) | ||
1 | 1 | |
(2) | Part 2 of Schedule 1 is amended by omitting from the second | |
column,- | ||
(a) in relation to the item CHC 1, "IN" and substituting "DW "; and | 10 | |
(b) in relation to the item CHC2, "IN" and substituting |
"DW"; and
(c) in relation to the item CHC3,
"DW "; and
(d) in relation to the item CHC4,
"DWI-" and
(e) in relation to the item CHC5,
"DWt "; and
(f) in relation to the item CHC6,
"DW "; and
(g) in relation to the item CHC7,
"DW"; and
(h) in relation to the item CHC8,
"DW "; and
(i) in relation to the item CHC9,
"IN" and substituting
"INT" and substituting 15 "INT" and substituting
"IN" and substituting
20
"IN" and substituting "IN" and substituting
"IN" and substituting 25
1 1
24
(1)
"(5)
(2)
Schedule 6 amended
Clause 4 of Schedule 6 is amended by adding the following
subclause:
To avoid doubt, this clause does not apply to a claim for 30 harbour quota."
Schedule 6 is amended by inserting the following clause after
clause 10:
"1OA Determination of entitlements for harbour quota
"(1) This clause applies when Te Ohu Kai Moana Trustee Limited, 35 after receiving a coastline claim for harbour quota,-
10
Maori Purposes Part 3 cl 24
"(a) has verified the matters set out in clause 10(1)(a) and (b); and
"(b) is satisfied as to the matters set out in clause 10(1)(c). "(2) Te Ohu Kai Moana Trustee Limited must determine coastline
entitlements for harbour quota by multiplying the percentage 5
set out in the claim (as required by clause 3(2)(c)) by the total
number of harbour quota shares for the relevant stock and
harbour.
"(3) For each harbour quota stock, the percentage set out in the
claim and the number of shares resulting from the calculation 10
made under subclause (2) together describe the coastline entitle-
ment for the claimant iwi."
(3) The heading to clause 11 of Schedule 6 is amended by adding
"other than for harbour quota".
(4) Schedule 6 is amended by inserting the following clause after 15
clause 11:
"llA Recalculation of entitlements
Struck out (unanimous) 1 1
Te Ohu Kai Moana Trustee Limited must recalculate the
number of shares of the entitlement and amend the register accordingly if, following the calculation and registration of an 20 iwi entitlement for a stock under clause l OA or clause 11, but
before the transfer of the quota shares to the iwi, the number of shares for the stock available for distribution is reduced by the application of section 23(1) of the Fisheries Act 1996 as a
result of accrued rights arising under section 28N of the Fish- 25
eries Act 1983.
New (unanimous) 1 1
"( 1 ) Subsection (2) applies if-
"(a) the number of shares for a stock available for distribu-
tion is reduced by the application of section 23(1) of the Fisheries Act 1996 as a result of accrued rights arising 30 under section 28N of the Fisheries Act 1983; and
"(b) an iwi entitlement to a stock has been calculated and registered under clause lOA or 11; but
1 1
11
Part 3 cl 24
Maori Purposes
New (unanimous)
1 1
"(c) the quota shares have not been transferred to the iwi.
"(2) Te Ohu Kai Moana Trustee Limited must recalculate the
number of shares of the entitlement and amend the register."
1
25 Validation
(1) (This section) Subsection (2) applies if, before the commence- 5
ment of this Act,-
(a) Te Ohu Kai Moana Trustee Limited has applied under section 157 for the registration of a settlement quota interest; and
(b) the chief executive has registered a settlement quota 10
interest against quota shares under section 152A of the
Fisheries Act 1996.
(2) An application or registration referred to in subsection (1) must be treated as having been made or effected in compliance with
the reduced number of quota shares (provided for by the 15
amendments to part 1 of Schedule 1 of the Maori Fisheries
Act 2004, as) set out in section 23(1).
New (unanimous)
1 1
(3) Subsection (4) applies if, before the commencement of this Act,
Te Ohu Kai Moana Trustee Limited has allocated and trans-
ferred quota shares for fishstocks listed in section 23(1) in accor- 20 dance with the reduced number of quota shares provided for
by that subsection.
(4) Every allocation and transfer referred to in subsection (3) must be treated as if each complied with the requirements of the
principal Act. 25
1 1
Part 4
Maori Commercial Aquaculture Claims Settlement
Act 2004
26 Principal Act amended
This Part amends the Maori Commercial Aquaculture Claims 30
Settlement Act 2004.
12
Maori Purposes Part 4 cl 27
27
(1)
Interpretation
Paragraphs (c) and (d)(i) and (ii) of the definition of pre- commencement space in section 20 are amended by omitting "67Q" and substituting in each case "67Q(2)(a)". 5
(2) Paragraph (d)(i) of the definition of pre-commencement space in section 20 is amended by adding ", and the permit that was granted is for aquaculture activities".
Legislative history
13 June 2006
27 June 2006
Introduction (Bill 55-1)
First reading and referral to Maori Affairs Commit-
tee
Wellington. New Zealand: Published under the authority of the
House of Represenlatives-2006 55bar2.pag
17-NOV-06
13