Te Pire Whiriwhiri Take Maori Government Bill Te purongo a te Komiti Whiriwhiri Take Maori Nga Korero Tutohutanga Kua ata tirohia e te Komiti te Pire Whiriwhiri Take Maori, a, ka tutohu kia whakaaetia te pire me nga whakatikatika. Kupu Whakataki He pire horapa te Pire Whiriwhiri Take Maori tae atu ki nga whakatikatika 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 tapaetanga kereme Tiriti o nehera ki te Ropu 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 na tetahi Kaiwhakawa Matua Tuarua o mua o te Koti Whenua Maori i whakatau i a ia e tu ana hei Kaiwhakawa whakakapi tua atu i te wa o tona tohu whakamana, a, me te maha o etahi whakatikatika a-hangarau e pa ana ki te Ture Haonga Ika Maori o te tau 2004 me te Ture Whakataunga Kereme Titupu Rowai Ohanga Maori o te tau 2004 hoki. Te Ture Haonga Ika Maori o te tau 2004 Te whakarereke rohe whakahaere motunga Ka tutohu matou kia whakarereketia a Wahanga 3 o te pire 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 nga hua whakataunga haonga ika, me te whakarato motunga hoki ki nga ropu whakahaere a-iwi whai mana kokiri. Heoi, ka taea nga rohe whakahaere motunga te whakarereke i runga i te tutohutanga a te Minita Haonga Ika hei whakatairanga i te pai ake o te whakahaere rawa ika, hei whakapai atu ranei i te hua ohanga e hoki mai ana i te haonga ika. Ka whakarereketia ana he rohe whakahaere motunga, ka rereke tahi ano hoki te ingoa me te rahi o nga hea kei te Kamupene Kaitiaki o Te Ohu Kai Moana e pupuri ana. Ma te whakatikatika ra e kaha ai te Kamupene Kaitiaki o Te Ohu Kai Moana i te wa e whakarato motunga ana ki te iwi, ki te hoatu whakaaro mo nga whakarereketanga o nga hea motunga kei a ia e pupuri ana e pa ana ki nga whakarereketanga o nga rohe whakahaere motunga i raro tekiona 25 o te Ture Haonga Ika o te tau 1996. Te whakahuihui hou i nga rawa papaka wherowhero Ka tutohu matou kia whakatikaina a rara 23 o te pire, kia whai wahi ai mo tetahi whakatikatika ki Puka Apiti 1 o te Ture Haonga Ika Maori, e pa ana ki te whakahuihui hou i nga rawa papaka wherowhero hei rawa moana uriuri, ka mahara hei rawa ki uta. He rereke nga tikanga whakarato rawa mo te moana uriuri ki era mo uta. Na, mo te hapa e pa ana ki te whakahuihui rawa papaka wherowhero, whakatikaina tera kia taea ai e te Kamupene Kaitiaki o Te Ohu Kai Moana, te whakarato te rawa nei e ai ki te mahi i whakaaetia i raro i te tauira mo te whakarato whakataunga haonga ika. Te whakamanatanga i nga whakaratonga a Te Kamupene Kaitiaki o Te Ohu Kai Moana Ka tutohu matou kia whakatikaina a rara 25 o te pire, 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 putake o nga hea motunga kei a ia ake e pupuri ana mo nga rawa e whitu, otira, i te wa atu i te 1 o Whiringa-a-nuku 2004 (te wa i whakarereketia ai nga hea motunga), a, ki te ra i uru mai ai te Ture whakatikatika. Na, mo nga rawa e whitu kei rara 23(1) o te pire e whakararangi ana, kei te haere tonu nga whakaratonga a te Kamupene Kaitiaki o Te Ohu Kai Moana ki te iwi i runga i te putake o nga hea, kei a ia e pupuri ana i te wa nei, whai muri i te whakahekenga o ana hea i te 1 o Whiringa-a-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 a-hangarau ana tenei i te Ture Haonga Ika Maori o te tau 2004, a, ko te wero i nga mahi a te Kamupene Kaitiaki o Te Ohu Kai Moana te mutunga mai. E tika ana kia whakamanatia nga mahi nei i raro i te ture i te mea, e rite ana 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 o te pire. Etahi atu whakatikatika Whakatika ai a rara 7 o te pire 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 ana 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 tutohu matou kia whakatikaina a rara 13 kia kapi ai nga kupu, "anything goes" e nga kupu, "any action taken" i te mea, he pai ake nga kupu hou nei ki a matou. Ka tutohu matou kia whakatikaina a tekiona 147A hou, i rara 22 me rara 11A hou hoki o te Kupu Apiti 6, i rara 24, hei whakangawari i te mahi tuhi wahanga. Ka tutohu 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 ana ki te whakatakoto ra kati mo te tuku tapaetanga kereme Tiriti o nehera, ki te Ropu Whakamana i te Tiriti o Waitangi. Na nga hiahiatanga o te whakapono pai me te tika, ka whakahe etahi ki nga whakataumahatanga o tetahi ra kati, ahakoa he aha te ra. I maharahara hoki etahi atu kaitapae ki te ra ake i whakatakotoria i te mea, ka kore rahi rawa te wa kimi tohutohu, wa whiriwhiri ranei i te taha o te iwi me nga hapu. E ai ki te pire, ki te taka he mahi i mua atu i te 21 o Mahuru o te tau 1992, he kereme Tiriti o nehera tera. Ko te tohutohu ki a matou, ko tenei ra te ra i whakaritea ai e te Kawanatanga o te ra, nga matapono kia whakamahia mo te whakatau kereme Tiriti o nehera (Pepa Runanga Kawanatanga CAB (92) M 38 / 11). Kua whakamahia tenei ra i nga whakaaetanga whakataunga whai ake i whiria i te taha 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. 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 tika rawa atu he ra kati mo nga tapaetanga mo aua momo kereme. Te Ture Whenua Maori o te tau 1993 Whakamanatia ai e rara 13(3) o te pire i raro i te ture, nga whakataunga me etahi atu mahi a tetahi Kaiwhakawa Matua Tuarua o mua, o te Koti Whenua Maori, ara, a Kaiwhakawa Nomana Mete nana nei i whakatakoto i waenganui o nga ra atu i te 1 o Whiringa-a-rangi, me te 30 o Whiringa-a-rangi, i te tau 2000, whai muri i te monehutanga o tana tohu whakamana. Na te hoki whakamuri o te ahua o te hanganga ture ki nga whakataunga o mua, ka maharahara matou mehemea kei te tika te whakamanatanga e ai ki nga ahuatanga. Ko te tohutohu ki a matou, kaore he kiko mo te whakawa whakataunga ano i te mea, i mahi nga ropu i whakaawea i runga i te whakapono pai ki nga whakataunga me etahi atu mahi a te Kaiwhakawa. Heoi, kua rereke o 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 wai katoa nga ropu i whakaawea. Ki to matou mohio, kaore te kaha o nga ropu ki te whakatakoto tono i raro tekiona 45 o 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 nga whakataunga o mua, a, ko tera anake te huarahi whai kiko e whiwhi ai nga ropu e korerohia ake nei i te kupu tuturu mo ratou. Heoi, kaore te Ropu Nahinara i whakaae kia riro ma te hanganga ture e whakahoki te whakamanatanga ki nga whakataunga o mua mo nga momo whakataunga penei. Tua atu hoki, i te maharahara etahi atu mo nga ropu i whakaawea e nga whakataunga na Kaiwhakawa Mete i whakatakoto i te wa nei i te mea, kaore ano pea te whakaatu mo te ahua o nga whakataunga kia tae atu ki a ratou, kia tae atu ranei te tohutohu a-kanohi, a-haingai hoki e whakaatu ana, kei te whakamanatia aua whakataunga e te hanganga ture nei. Tapiritanga Hatepe komiti I tonoa te Pire Whiriwhiri Take Maori ki te komiti i te 27 o Pipiri, i te tau 2006. Ko te 18 o Here-turi-koka, i te tau 2006, te ra kati mo nga tapaetanga. E 20 nga tapaetanga i whiwhi, a, i whakaaroarohia e matou, mai i etahi ropu whai panga me te hunga takitahi. E waru nga tapaetanga i rongo a-taringahia e matou. Na Te Puni Kokiri, na Te Manatu Ture, na Te Tautiaki i nga tini a Tangaroa nga whakamaherehere ki a matou. Ko enei te komiti, ara, ko Dave Hereora (Heamana) Gerry Brownlee Honore Tau Henare Honore Mahara Okeroa Pita Paraone Honore Mita Ririnui Takuta Pita Sharples Honore Georgina te Heuheu He mema kore panga poti a Metiria Turei mo tenei take. Maori Purposes Bill Government Bill As reported from the Maori Affairs Committee Commentary Recommendation The Maori Affairs Committee has examined the Maori Purposes Bill and recommends that it be passed with the amendments shown. Introduction The Maori Purposes Bill 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 Aquaculture 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 historical 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 organisations. 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 stock name and number of shares held by Te Ohu Kai Moana 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 Fisheries 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 Te Ohu Kai Moana 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 intention 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". 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 (Cabinet Paper CAB (92) M 38 / 11). This date has been used in subsequent deeds 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 submitters, a majority consider that, in the interest of a more timely settlement 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 Norman Smith, made between 1 November 2000 and 30 November 2000, after his warrant had expired. Given the retrospective 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 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 Smith. 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 Smith 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. Appendix Committee process The Maori 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 Dave Hereora (Chairperson) Gerry Brownlee Hon Tau Henare Hon Mahara Okeroa Pita Paraone Hon Mita Ririnui Dr Pita Sharples Hon Georgina Te Heuheu Metiria Turei was a non-voting member for this item of business. Hon Parekura Horomia Te Pire Whiriwhiri Take Maori Government Bill Contents 1 Title 2 Commencement Part 1 Te Ture Whenua Maori Act 1993 3 Principal Act amended 4 Appointment of Judges 5 Chief Judge and Deputy Chief Judge 8A Delegation to Deputy Chief Judge 6 Procedure of Court in making determinations 7 Procedure for applications referred to Court 8 Procedure of Court in making determinations 9 Procedure for applications referred to Court 10 New heading and section 48A inserted Exercise of powers by Deputy Chief Judge 48A Deputy Chief Judge may exercise special powers of Chief Judge 11 Heading inserted above section 49 12 Appeal 13 Validations 14 Accounts and balance sheet Part 2 Treaty of Waitangi Act 1975 15 Principal Act amended 16 Interpretation 17 Jurisdiction of Tribunal to consider claims 18 New section 6AA inserted 6AA Limitation of Tribunal's jurisdiction in relation to historical Treaty claims 19 Schedule 2 amended Part 3 Maori Fisheries Act 2004 20 Principal Act amended 21 Obligation to establish and maintain iwi register 22 New heading and sections 147A and 147B inserted Adjustments to number of quota shares available for distribution 147A Recalculation of allocations of deepwater stock 147B Allocation of reduced number of quota shares 22A New heading and section 148A inserted Alteration of quota management areas under Fisheries Act 1996 148A Consequence of altering quota management area 23 Schedule 1 amended 24 Schedule 6 amended 10A Determination of entitlements for harbour quota 11A Recalculation of entitlements 25 Validation Part 4 Maori Commercial Aquaculture Claims Settlement Act 2004 26 Principal Act amended 27 Interpretation 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. 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 Section 7(2) is amended by omitting "8" and substituting "14". 5 Chief Judge and Deputy Chief Judge The following section is inserted after section 8: "8A Delegation to Deputy Chief Judge "(1) The Chief Judge may delegate to the Deputy Chief Judge, either generally or particularly, any power, function, or duty conferred on the Chief Judge by or under this Act. "(2) 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 they had been conferred on the Deputy Chief Judge directly by this Act and not by delegation. "(3) A delegation--- "(a) must be in writing; and "(b) is revocable in writing at any time; and "(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. "(4) 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. "(5) Powers exercised, functions performed, or decisions made by the Deputy Chief Judge acting as the Chief Judge may not be questioned in any proceeding on the ground that the occasion for the Deputy Chief Judge so acting had not arisen or had ceased." 6 Procedure of Court in making determinations Section 26F(3)(a) is amended by inserting "without a full or any hearing" after "issue". 7 Procedure for applications referred to Court (1) The heading to section {26G(3)(a)} [26G] is omitted and the heading "Powers of Court if application referred under section 26F(3)(b)" substituted. (2) Section 26G is amended by repealing subsection (1) and substituting the following subsections: "(1) If a matter is referred to the Court for hearing and determination under section 26F(3)(b), the Court must proceed to hear and determine the application. "(1A) 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 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." 8 Procedure of Court in making determinations Section 26T(3)(a) is amended by inserting "without a full or any hearing" after "issue". 9 Procedure for applications referred to Court (1) The heading to section 26U is omitted and the heading "Powers of Court if application referred under section 26T(3)(b)" substituted. (2) Section 26U is amended by repealing subsection (1) and substituting the following subsections: "(1) If a matter is referred to the Court for hearing and determination under section 26T(3)(b), the Court must proceed to hear and determine the application. "(1A) 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 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." 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 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 Heading inserted above section 49 The heading "Right of appeal against exercise of special powers" is inserted above section 49. 12 Appeal (1) Section 49(1) is amended by inserting "or the Deputy Chief Judge" after "Chief Judge". (2) Section 49(2) is amended by omitting "to the Chief Judge under this section" and substituting "under section 45". 13 Validations (1) Subsection (2) applies to {anything done} [any action taken] before the commencement of this Act by the Deputy Chief 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. (2) If subsection (1) applies, {anything done} [any action taken] by 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. (3) {Anything done} [Any action taken] by His Honour Judge Norman F Smith, in exercising or purporting to exercise his jurisdiction 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 if it had been done in accordance with section 10 of the principal Act for the whole of that period; and (b) as being as valid and of the same effect as if His Honour had been entitled to exercise the jurisdiction of an acting Judge throughout that period. 14 Accounts and balance sheet Sections 276(2), (3), and (4), 277(6), and 281(1)(c) are 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 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: "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 "submit, in relation to a historical Treaty claim, means submitted in accordance with a practice note made by the Tribunal under clause 5(10) of Schedule 2." 17 Jurisdiction of Tribunal to consider claims (1) Section 6 is amended by repealing subsection (2) and substituting 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." 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--- "(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. "(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 to make any finding or recommendation) in respect of a historical 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 contrary 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 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." 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 Section 40(3)(d) is amended by inserting "10A or {clause}" after "clause". 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 "147A Recalculation of allocations of deepwater stock Struck out (unanimous) ======================================================================= 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 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. ======================================================================= New (unanimous) ----------------------------------------------------------------------- "(1) Subsection (2) applies if--- "(a) the number of shares for a 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; and "(b) deepwater stock has been allocated to an iwi under 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. ----------------------------------------------------------------------- "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 applies as a result of accrued interests arising under section 28N of the Fisheries Act 1983." New (unanimous) ----------------------------------------------------------------------- 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 "148A Consequence of altering quota management area "(1) This section applies to Te Ohu Kai Moana Trustee Limited if--- "(a) a quota management area is altered under section 25 of the Fisheries Act 1996; and "(b) settlement quota for that area has not been fully allocated 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 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 management area, applying the method set out in either--- "(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." ----------------------------------------------------------------------- 23 Schedule 1 amended (1) Part 1 of Schedule 1 is amended by omitting from the third column,--- (a) in relation to the item BNS2, "9 720 632" and substituting "8 680 520"; and (b) in relation to the item SCH3, "9 999 845" and substituting "8 775 780"; and (c) in relation to the item SCH7, "10 000 000" and substituting "8 812 748"; and (d) in relation to the item SCH8, "10 000 000" and substituting "9 876 709"; and (e) in relation to the item SPO2, "9 998 056" and substituting "9 574 340"; and (f) in relation to the item TAR2, "10 000 000" and substituting "9 865 861"; and (g) in relation to the item TAR3, {the expression} "9 999 401", and substituting the expression "9 593 345". New (unanimous) ----------------------------------------------------------------------- (2) Part 2 of Schedule 1 is amended by omitting from the second column,--- (a) in relation to the item CHC1, "IN" and substituting "DW"; and (b) in relation to the item CHC2, "IN" and substituting "DW"; and (c) in relation to the item CHC3, "IN" and substituting "DW"; and (d) in relation to the item CHC4, "IN†" and substituting "DW+" and (e) in relation to the item CHC5, "IN†" and substituting "DW+"; and (f) in relation to the item CHC6, "IN" and substituting "DW"; and (g) in relation to the item CHC7, "IN" and substituting "DW"; and (h) in relation to the item CHC8, "IN" and substituting "DW"; and (i) in relation to the item CHC9, "IN" and substituting "DW". ----------------------------------------------------------------------- 24 Schedule 6 amended (1) Clause 4 of Schedule 6 is amended by adding the following subclause:" "(5) To avoid doubt, this clause does not apply to a claim for harbour quota." (2) Schedule 6 is amended by inserting the following clause after clause 10:" "10A Determination of entitlements for harbour quota "(1) This clause applies when Te Ohu Kai Moana Trustee Limited, after receiving a coastline claim for harbour quota,--- "(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 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 made under subclause (2) together describe the coastline entitlement 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 clause 11:" "11A Recalculation of entitlements Struck out (unanimous) ======================================================================= 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 iwi entitlement for a stock under clause 10A 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 Fisheries Act 1983. ======================================================================= New (unanimous) ----------------------------------------------------------------------- "(1) Subsection (2) applies if--- "(a) the number of shares for a 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 Fisheries Act 1983; and "(b) an iwi entitlement to a stock has been calculated and registered under clause 10A or 11; but "(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." ----------------------------------------------------------------------- 25 Validation (1) {This section} [Subsection (2)] applies if, before the commencement 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 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 amendments to Part 1 of Schedule 1 of the Maori Fisheries Act 2004, as} set out in section 23[(1)]. New (unanimous) ----------------------------------------------------------------------- (3) Subsection (4) applies if, before the commencement of this Act, Te Ohu Kai Moana Trustee Limited has allocated and transferred quota shares for fishstocks listed in section 23(1) in accordance 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. ----------------------------------------------------------------------- Part 4 Maori Commercial Aquaculture Claims Settlement Act 2004 26 Principal Act amended This Part amends the Maori Commercial Aquaculture Claims Settlement Act 2004. 27 Interpretation (1) 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)". (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 Introduction (Bill 55-1) 27 June 2006 First reading and referral to Maori Affairs Committee