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General Frequently Asked Questions (FAQ)

What is the Takutai Trust?

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 new space?

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 aquaculture settlement assets under this settlement?

What are Iwi Aquaculture Organisations (IAOs)?

Does the Maori Aquaculture Settlement include land based aquaculture?

What is Gazetting Aquaculture Management Areas and why is it being used?

Does a Gazette notice for aquaculture settlement purposes affect current uses of an area?

What is the Takutai Trust?

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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?

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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:

  1. it will provide water-space rights for 20% of all 'new’ space created;
  2. 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?

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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?

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Aquaculture Settlement assets will be allocated based on the jurisdictions of regional councils and unitary authorities. The exception is pre-commencement space aquaculture settlement assets in 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

 Hokianga

Whangarei Harbour Mangawhai Harbour Kaipara Harbour
Manukau Harbour Whitianga Harbour Tairua Harbour
Tauranga Harbour Port Waikato Raglan Harbour
Aotea Harbour Kawhia Harbour Ohiwa Harbour

 

South Island

Admiralty Bay

Croisilles Harbour

Port Gore

Pelorus Sound Port Underwood Queen Charlotte Sound

 

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%?

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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.

What is new space?

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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?

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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?

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As of 10 March 2010 there is a total area of 7,240.25 hectares of marine farming space that is pre-commencement space. 20% equates to 1,448.05 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?

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Although no marine farming space may currently exist in your region, it may be anticipated that new marine farming space could be created in the near future. Therefore under the new space settlement obligation you may be able to negotiate with the Crown to receive settlement assets upfront which is representative of any anticipated new aquaculture space likely to be created in the future.

Which iwi will receive aquaculture settlement assets under this settlement?

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The Maori Commercial Aquaculture Claims Settlement Act 2004 states that iwi with coastal rohe/area are entitled to a share of aquaculture settlement areas 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 pre-commencement space that was 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)?

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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 IAO's 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.

What is Gazetting Aquaculture Management Areas and why is it being used?

Under the Māori Commercial Aquaculture Claims Settlement Amendment Act 2011 (Amendment Act), powers have been given to the Minister responsible for Aquaculture to gazette space in the coastal marine area to create future settlement options. Space gazetted for this reason is called an Aquaculture Settlement Area.

This power is initially being used to notify space for settlement purposes, mitigating the risk that private interests have first access to better aquaculture space while regional agreements are being negotiated.

Gazetted Aquaculture Management Areas.

Does a Gazette notice for aquaculture settlement purposes affect current uses of an area?

Notifying space under Gazette notices does not change current uses or rules, but it does stop private interests from applying for resource consents to carry out aquaculture activities within space that has now been gazetted.

Applications for other activities may be accepted by consenting authorities in areas that have been gazetted. However, consenting authorities will only be able to grant a coastal permit provided that the activity is compatible with aquaculture.

Gazetted Aquaculture Management Areas.

 

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