The Aquaculture Settlement

The Māori Commercial Aquaculture Claims Settlement Act 2004 (Settlement Act) provides a full and final settlement of all Maori claims to commercial aquaculture space created since 21 September 1992. Under the Act, the Crown is responsible for delivering the settlement.

The Settlement Act provides iwi with the equivalent of 20 percent of all new space created after 1 January 2005 – the new space obligation. The Settlement Act also provides iwi with the equivalent of 20 percent of existing space created between 21 September 1992 and 1 January 2005 – the pre-commencement space obligation.

In 2011 the Maori Commercial Aquaculture Claims Settlement Amendment Act 2011  (the Amendment Act) was established.  These reforms remove the requirement for Aquaculture Management Areas (AMAs) to be established before new space for aquaculture activities can be applied for.  Because of this, a new mechanism to deliver the new space settlement obligation was developed. However, the reforms do not affect how the pre-commencement space obligation is delivered.

The Amendment Act amended the Settlement Act to enable the new space settlement obligation to be delivered on a regional basis through regional agreements, or when an agreement is not reached within the specified time frame, through a default option. 

Features of the Amendment Act.

Mussels

Aquaculture Deed of Settlement for pre-commencement aquaculture space between iwi and the Crown on the 6th May 2009