Pre-Commencement Space Obligation

The Settlement Act establishes the Crown’s obligation to provide iwi with the equivalent of 20% of the aquaculture space created between 21 September 1992 and 31 December 2004. This existing space is called pre-commencement space. 

Pre-Commencement Space is defined as any marine farming space covered by permits, leases, or licenses first issued between 21 September 1992 and 1 January 2005.  Pre-commencement space also includes any aquaculture space applied for under the ‘old’ aquaculture law but created after 1 January 2005.

The principle method the Crown has used to discharge its pre-commencement space obligations is to provide

The majority of the Crown’s pre-commencement space obligation was settled in 2009 with the signing of the Deed Satisfying the Crown’s Pre-Commencement Space obligations under the Maori Commercial Aquaculture Claims Settlement Act 2004 for Te Wai Pounamu and Hauraki.

Aquaculture Deed Of Settlement For Te Waipounamu And Hauraki)

On Wednesday 6 May 2009, Ministers and iwi representatives signed a Deed of Settlement Satisfying the Crown’s Pre-Commencement Space Obligations for Te Waipounamu and Hauraki (the Deed), at Te Papa National Museum marae.

The Deed was a one-off cash payment of $97 million in full and final settlement of the Crown’s obligations for “pre-commencement space” or aquaculture space that was approved between 21 September 1992 and 31 December 2004 under the previous marine farming regime.

This Deed covers the vast majority of New Zealand’s aquaculture development areas including the Hauraki Gulf, Marlborough Sounds, Tasman Bay and remaining parts of the South Island.

The Deed was signed by the Prime Minister John Key, Fisheries Minister Phil Heatley, Treaty Negotiations Minister, Chris Finlayson, Maori Affairs Minister, Dr Pita Sharples, Minister of Finance Bill English and leaders representing the iwi of Hauraki, Ngati Apa ki te Ra To, Ngati Koata, Ngati Kuia Ngati Kuia, Ngai Tahu, Ngati Tama, Ngati Toa, Rangitane and Te Ati Awa (Te Tau Ihu).

 

Aquaculture Settlement Links

A great success for aquaculture development was the signing of the Aquaculture Deed of Settlement for pre-commencement aquaculture space between iwi and the Crown on 6 May 2009. This opened the way for the transfer of $97 million to the iwi of Te Waipounamu and Coromandel once the required legislation is passed.

The enabling legislation to support the agreement between iwi and the Crown is currently before parliament. The Takutai Trust was directly involved in the drafting of the Deed of Settlement and the Maori Commercial Aquaculture Claims Settlement (Regional Agreements) Amendment Bill, which will give effect to the Deed of Settlement.

The Deed of Settlement signing for the iwi of Te Waipounamu and Coromandel also serves as an important sign of the way forward for dealing with compensation for the Crown’s pre-commencement space obligations to iwi in other regions.

“The settlement makes amends for the impacts of establishing marine farms without regard to the rights of the iwi whose rohe moana was being used” John Key

Mussels

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