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Part 1
Purposes of Act, key concepts, and key iwi organisations

Subpart 1—Purposes, outline, and interpretation

3 Purposes

(1) The purposes of this Act are to—

(a) implement the agreements made in the Deed of Settlement dated 23 September 1992; and

(b) provide for the development of the collective and individual interests of iwi in fisheries, fishing, and fisheries-related activities in a manner that is ultimately for the benefit of all Māori.

(2) To achieve the purposes of this Act, provision is made to establish a framework for the allocation and management of settlement assets through—

(a) the allocation and transfer of specified settlement assets to iwi as provided for by or under this Act; and

(b) the central management of the remainder of those settlement assets.

4 Outline of Act

(1) This section and sections 30, 129, 155, 177, and 188 are a guide to the general scheme of the Parts of this Act, but do not affect the interpretation or application of the other provisions of this Act.

(2) This Act replaces the Māori Fisheries Act 1989.

(3) The Preamble sets out the background to this Act.

(4) Following the Title and commencement clauses, Part 1 contains—

(a) subpart 1, which includes the purpose and interpretation provisions; and

(b) subpart 2, which sets out the key concepts for the allocation of settlement assets, namely, provisions for the classification of quota, the determination of iwi population, and the determination of iwi coastline entitlements, including interim and supplementary coastline entitlements; and

(c) subpart 3, which relates to the nature and role of iwi organisations involved with the allocation of settlement assets, including provisions allowing for the reorganisation of joint mandated iwi organisations.

(5) The schedules set out—

(a) the quota shares provided to the Treaty of Waitangi Fisheries Commission under section 40 of the Māori Fisheries Act 1989 (the interim settlement) and those since allocated to the Treaty of Waitangi Fisheries Commission under section 44 of the Fisheries Act 1996; and

(b) the relevant harbours and harbour quota for allocation in relation to those harbours; and

(c) iwi listed by groups and the notional population of each iwi; and

(d) organisations that are recognised iwi organisations; and

(e) the representative Māori organisations; and

(f) the method for determining coastline entitlements; and

(g) the kaupapa that apply to the constitutional documents of mandated iwi organisations; and

(h) procedures for Te Kawai Taumata, including provisions for the appointment of members and alternate members; and

(i) consequential amendments.

5 Interpretation

In this Act, unless the context otherwise requires,—

adult member means a person 18 years of age or over

allocate ,—

(a) in respect of settlement assets, means the determination of the quantum of those assets to be transferred to an iwi; but

(b) does not include—

(i) the transfer of those assets by Te Ohu Kai Moana Trustee Limited; or

(ii) distributions made under section 83(b) or section 95(b); or

(iii) grants of assistance made under section 35(1)(h)

annual catch entitlement has the meaning given to it in section 2(1) of the Fisheries Act 1996

Aotearoa Fisheries Limited means the company established in accordance with section 60

appointed day means the day specified as the appointed day by the Governor-General by Order in Council made on the recommendation of the Minister at the request of the Treaty of Waitangi Fisheries Commission, being a day not later than 45 working days after the commencement of this Act

asset-holding company means a company—

(a) established as required by section 12(1)(d); and

(b) that complies with section 16(1) and (2); and

(c) whose constitutional documents comply with the relevant requirements of sections 17 and 18

beneficiary of the Deed of Settlement means iwi and, through iwi, ultimately all Māori

Chatham zone has the meaning set out in section 142

coastline entitlement means a registered coastline entitlement obtained in accordance with Schedule 6

committee of representatives means a committee established under section 116 with the functions provided for by section 118

constitutional documents, in relation to a company, trust, or other entity set up for the purposes of this Act, means the constitution, trust deed, or rules adopted for the governance of the company, trust, or other entity

Court

(a) means the District Court or, where proceedings are commenced in the High Court, the High Court; but

(b) does not include the Māori Land Court

Deed of Settlement means the Deed of Settlement dated 23 September 1992 signed by the Crown and Māori and referred to in the Treaty of Waitangi (Fisheries Claims) Settlement Act 1992

deepwater quota means—

(a) the settlement quota identified in Schedule 1 as DW; and

(b) the quota of any new quota management stocks brought into the quota management system under section 18 of the Fisheries Act 1996 that Te Ohu Kai Moana Trustee Limited determines to be deepwater quota under section 7

earnings means interest and dividends

financial year means the period of 12 consecutive months nominated in a constitutional document as the financial year of the entity concerned

fisheries has the meaning given to fisheries resources in section 2(1) of the Fisheries Act 1996

Fishery Management Area means a Fishery Management Area defined in Parts I and II of the First Schedule of the Fisheries Act 1996

fishing has the meaning given to it in section 2(1) of the Fisheries Act 1996

fishing permit has the meaning given to it in section 2(1) of the Fisheries Act 1996

fishing year has the meaning given to it in section 2(1) of the Fisheries Act 1996

freshwater means the waters of rivers, streams, lakes, ponds, estuaries, lagoons, wetlands, canals, impoundments, channels, or water courses, whether occurring naturally or artificially made

freshwater fisheries and freshwater fishing have the meanings set out in section 91

freshwater quota means—

(a) the settlement quota identified in Schedule 1 as FW; and

(b) the quota of any new quota management stocks brought into the quota management system under section 18 of the Fisheries Act 1996 that Te Ohu Kai Moana Trustee Limited determines to be freshwater quota under section 7

general meeting means an annual or special meeting that,—

(a) in the case of a meeting convened by Te Ohu Kai Moana Trustee Limited, is open to—

(i) all mandated iwi organisations and the members of the iwi represented by each mandated iwi organisation; and

(ii) all representative Māori organisations and their members; and

(iii) the members and alternate members of Te Kawai Taumata; and

(b) in the case of a meeting convened by a mandated iwi organisation, is open to all members of the iwi; and

(c) in each case, complies with the constitutional documents of the organisation convening the meeting

general power of sale means a power included in the constitutional documents of Te Ohu Kai Moana Trustee Limited or any entity within Te Ohu Kai Moana Group to provide by special resolution for the sale, in accordance with any specified terms and conditions, of income shares or settlement quota, but without obtaining a specific power of sale by special resolution

harbour quota means—

(a) that part of the settlement quota listed in Schedule 1 that is quantified in Part 2 of Schedule 2; and

(b) the number of quota shares of any new quota management stocks brought into the quota management system under section 18 of the Fisheries Act 1996 that Te Ohu Kai Moana Trustee Limited determines to be harbour quota under section 7

He Kawai Amokura means the report to the Minister of Fisheries referred to in paragraph (13) of the Preamble

income share means an income share in Aotearoa Fisheries Limited

individual transferable quota has the meaning given to it in section 2(1) of the Fisheries Act 1996

Inland Revenue Acts has the meaning given to it in section 3(1) of the Tax Administration Act 1994

inshore quota means—

(a) the settlement quota identified in Schedule 1 as IN; and

(b) the quota of any new quota management stocks brought into the quota management system under section 18 of the Fisheries Act 1996 that Te Ohu Kai Moana Trustee Limited determines to be inshore quota under section 7

interim coastline entitlement means a registered interim coastline entitlement obtained in accordance with Schedule 6

investment plan has the meaning set out in section 78

iwi

(a) means an iwi listed in column 1 of Schedule 3; and

(b) includes all the members of that iwi; and

(c) as listed in the notes to Schedule 3, in relation to—

(i) the iwi of Hauraki, means 1 or more of the iwi listed in note (1); and

(ii) the iwi of Te Arawa, means 1 or more of the iwi listed in note (2)

iwi register means the register set up by Te Ohu Kai Moana Trustee Limited in accordance with section 40

joint mandated iwi organisation has the meaning set out in section 19

kaupapa means principle or principles

mandated iwi organisation, in relation to an iwi, means an organisation recognised by Te Ohu Kai Moana Trustee Limited under section 13(1) as the representative organisation of that iwi under this Act, and a reference to a mandated iwi organisation includes a reference to a recognised iwi organisation to the extent provided for by section 27

Māori has the meaning given to it in section 4 of Te Ture Whenua Māori Act 1993

member of an iwi means a person who affiliates to the iwi through descent from a primary ancestor of the iwi, or a person granted that status in accordance with kaupapa 6 of Schedule 7

Minister means the Minister of the Crown who, under the authority of any warrant or with the authority of the Prime Minister, is for the time being responsible for the administration of this Act

National Urban Māori Authority means the trust of that name established by trust deed dated 8 May 2003

Ngapuhi means the iwi listed under the heading "B—NGAPUHI" in Schedule 3

Ngati Hine means the group that is a member of Ngapuhi

Ngati Kahungunu means the iwi listed under the heading "G—TAKITIMU" in Schedule 3

panui means a notice or other form of written communication

population of an iwi has the meaning set out in section 10

private notice means a notice—

(a) sent by any means that is private to the recipient; and

(b) in the case of a notice given by a mandated iwi organisation, complies with kaupapa 4 of Schedule 7

public notice means a notice that—

(a) is published in a newspaper generally circulating in the relevant area or areas; and

(b) may also be published by panui or electronic media, including radio or television; and

(c) in the case of a notice given by a mandated iwi organisation, complies with kaupapa 4 of Schedule 7

quota has the meaning given to it in section 2(1) of the Fisheries Act 1996

quota management area has the meaning given to it in section 2(1) of the Fisheries Act 1996

quota management stock has the meaning given to it in section 2(1) of the Fisheries Act 1996

quota management system has the meaning given to it in section 2(1) of the Fisheries Act 1996

quota share has the meaning given to it in section 42 of the Fisheries Act 1996

recognised iwi organisation means an organisation recognised by Te Ohu Kai Moana Trustee Limited under section 27 as the recognised iwi organisation for an iwi, and includes organisations listed in Schedule 4

register of iwi members means the register required by kaupapa 5 of Schedule 7

registered coastline entitlement means the proportion and equivalent number of quota shares for a particular stock that—

(a) is determined by Te Ohu Kai Moana Trustee Limited under section 11; and

(b) is recorded in the iwi register by Te Ohu Kai Moana Trustee Limited under section 11(2)(b); and

(c) represents the allocation, to a named iwi, of settlement quota for the stock, determined by coastline length under subpart 2 of Part 3

representative Māori organisation means an organisation specified in Schedule 5

Rongomaiwahine means the group that is a member of Ngati Kahungunu

settlement assets means the assets transferred to Te Ohu Kai Moana Trustee Limited under section 194(1)(c) (including Aotearoa Fisheries Limited and all its assets), and any further quota shares allocated to Te Ohu Kai Moana Trustee Limited under section 44 of the Fisheries Act 1996

settlement quota means quota shares that have a settlement quota interest registered against them

settlement quota interest has the meaning given to it in section 2(1) of the Fisheries Act 1996

special resolution, in respect of Te Ohu Kai Moana Trustee Limited, means a resolution approved by 75% or more of the directors entitled to vote on the motion

specific power of sale means a power included in the constitutional documents of Te Ohu Kai Moana Trustee Limited or any entity within Te Ohu Kai Moana Group to provide by special resolution for the sale, in accordance with any specified terms and conditions, of specified income shares or settlement quota

statutory declaration means a declaration made before a person authorised under the Oaths and Declarations Act 1957 to take a declaration

stock means quota management stock

subcompany

(a) means a company, trust, or entity (whether or not it is a subsidiary of Aotearoa Fisheries Limited) over which Aotearoa Fisheries Limited—

(i) controls, directly or indirectly, 50% or more of the votes; or

(ii) appoints, or has the right to appoint, 50% or more of the directors, trustees, or office holders, as the case may be; and

(b) includes—

(i) a company that is a subsidiary of a subcompany; and

(ii) a company, trust, or entity over which the subcompany has effective control, as provided for in paragraph (a)

subsidiary has the meaning given to it in section 5 of the Companies Act 1993

Te Kawai Taumata means the members of the group (or their alternate members) established in accordance with section 55

Te Ohu Kai Moana means the trust established in accordance with section 31

Te Ohu Kai Moana Group means Te Ohu Kai Moana Trustee Limited and every subsidiary, trust, or other entity over which it has effective control, including Aotearoa Fisheries Limited and its subcompanies, because in relation to that subsidiary, trust, or other entity, Te Ohu Kai Moana Trustee Limited—

(a) controls, directly or indirectly, 50% or more of the votes; or

(b) appoints 50% or more of the directors, trustees, or office holders, as the case may be

Te Ohu Kai Moana Trustee Limited means the company established in accordance with section 33

Te Putea Whakatupu Trust means the trust established in accordance with section 79

Te Putea Whakatupu Trustee Limited means the company established in accordance with section 80

Te Wai Māori Trust means the trust established in accordance with section 92

Te Wai Māori Trustee Limited means the company established in accordance with section 93

tikanga Māori has the meaning given to it in section 4 of Te Ture Whenua Māori Act 1993

total allowable commercial catch has the meaning given to it in section 2(1) of the Fisheries Act 1996

Treaty of Waitangi Fisheries Commission means the Commission established under section 4 of the Māori Fisheries Act 1989

voting share means a voting share in Aotearoa Fisheries Limited

wananga has the meaning given to it in section 159 of the Education Act 1989.

6 Act binds the Crown

This Act binds the Crown.

Subpart 2—Key concepts

Classification of deepwater and inshore quota

7 Classification of new quota

(1) If the responsible Minister declares under section 18 of the Fisheries Act 1996 that a stock is subject to the quota management system, Te Ohu Kai Moana Trustee Limited must, within 6 months of the notification of that declaration,—

(a) determine the appropriate classification for the stock in accordance with sections 8 and 9; and

(b) in accordance with section 8, determine, for every harbour specified in Schedule 2 that is within the relevant quota management area, either—

(i) the quantity of harbour quota for the stock; or

(ii) that there is no harbour quota for the stock; and

(c) publish in the Gazette—

(i) the classification of the stock; and

(ii) whether harbour quota applies to that stock; and

(iii) the quantity, if any, of each harbour quota for the stock.

(2) A Gazette notice under this section applies as if Part 2 of Schedule 1 and Part 2 of Schedule 2 were amended in accordance with determinations made under this section and sections 8 and 9.

8 Basis for classifying stock under section 7

(1) For the purpose of classifying stock under section 7, a stock for which Te Ohu Kai Moana Trustee Limited determines, on the basis of scientific or anecdotal evidence, that the commercial catch during the 5 fishing years prior to the declaration referred to in section 7(1) was entirely taken—

(a) at depths greater than 400 m from the surface, must be classified as deepwater:

(b) at depths less than 200 m from the surface, must be classified as inshore:

(c) in freshwater, must be classified as freshwater.

(2) For each stock, if any commercial catch was taken during the 5 fishing years prior to the declaration referred to in section 7(1) in any of the harbours listed in Schedule 2, Te Ohu Kai Moana Trustee Limited must determine a harbour quota.

(3) In relation to each harbour listed in Schedule 2, the proportion of the available settlement quota that is to be classified as harbour quota for each stock must be the proportion of the total commercial catch of that stock taken in that harbour in the fishing year with the highest commercial catch in that harbour during the 5 fishing years prior to the declaration referred to in section 7(1).

(4) Harbour quota is calculated under subsection (3) in accordance with the following formula:

Harbour quota for the listed harbour = a ÷ b x c

where—

a is the highest commercial catch of a stock in a listed harbour in a fishing year during the 5 fishing years prior to the declaration referred to in section 7(1)

b is the total commercial catch of that stock in that year

c is the available settlement quota.

9 Alternative basis for classification of new quota

(1) This section applies when Te Ohu Kai Moana Trustee Limited is unable to classify a stock under section 8.

(2) Te Ohu Kai Moana Trustee Limited must consider the evidence from the previous 5 fishing years referred to in section 8(1) for the stock, and classify the stock as—

(a) deepwater, if at least 75% of the commercial catch was taken in depths greater than 300 m from the surface; or

(b) inshore, if at least 75% of the commercial catch was taken in depths of 300 m or less from the surface; or

(c) freshwater, if at least 90% of the commercial catch was taken in freshwater.

(3) If the classification cannot be determined under subsection (2), Te Ohu Kai Moana Trustee Limited must determine a classification, after taking into account—

(a) the fishing gear used to take the stock; and

(b) the location where the stock was taken; and

(c) any other information that Te Ohu Kai Moana Trustee Limited considers to be relevant.

How iwi population and coastlines determined

10 Population of an iwi

(1) In this Act,—

(a) the population of an iwi is the notional iwi population as stated in column 2 of Schedule 3; and

(b) the notional iwi population—

(i) binds all iwi; and

(ii) applies irrespective of any multiple iwi affiliations or other census or other data.

(2) However, that notional iwi population does not—

(a) bind the iwi to which it relates or any other iwi in any matter that is before the Waitangi Tribunal, the Māori Land Court, or any other court, other than under this Act; or

(b) bind, compromise, advantage or disadvantage, or operate as a precedent for any other matter; or

(c) affect any customary rights, aboriginal title rights, or any rights arising under the Treaty of Waitangi in relation to any other matter.

(3) Column 3 of Schedule 3 sets out the percentage that the notional population of each iwi bears to the total notional iwi population.

11 Registered coastline entitlements

(1) A mandated iwi organisation, in order to obtain allocations of settlement quota based on coastlines under this Act, must make coastline claims for coastline entitlements for its iwi (including any interim and supplementary coastline entitlements) in accordance with Part 1 of Schedule 6.

(2) Coastline entitlements must be—

(a) determined by Te Ohu Kai Moana Trustee Limited in accordance with Schedule 6; and

(b) recorded by Te Ohu Kai Moana Trustee Limited on the iwi register.

(3) Registered coastline entitlements are created under this Act for the sole purpose of calculating the amount of settlement quota to be allocated to iwi under subpart 2 of Part 3.

(4) However, those registered coastline entitlements do not—

(a) bind the iwi to which they relate or any other iwi in any matter that is before the Waitangi Tribunal, the Māori Land Court, or any other court, other than under this Act; or

(b) bind, compromise, advantage or disadvantage, or operate as a precedent for any other matter; or

(c) affect any customary rights, aboriginal title rights, or any rights arising under the Treaty of Waitangi in relation to any other matter.

Subpart 3—Iwi organisations

Mandated iwi organisations

12 Functions and powers of mandated iwi organisations

(1) Under this Act, a mandated iwi organisation must—

(a) act for the benefit of all the members of the iwi, irrespective of where those members reside; and

(b) perform the functions and duties conferred on it by or under this Act; and

(c) except as restricted by section 23(2), represent its iwi by voting at any meeting convened under—

(i) clause 1 or clause 6 of Schedule 8 to appoint or remove a member or alternate member of Te Kawai Taumata:

(ii) clause 1 of Schedule 8 to appoint a member of a committee of representatives; and

(d) ensure that it has 1 or more asset-holding companies that, in each case,—

(i) is wholly owned by the mandated iwi organisation; and

(ii) performs the functions and complies with the requirements set out in sections 16 to 18.

(2) A mandated iwi organisation may—

(a) directly receive and hold, on behalf of its iwi, settlement assets allocated and grants made to that iwi by Te Ohu Kai Moana Trustee Limited, other than assets referred to in section 16(1)(c):

(b) receive distributions from Te Putea Whakatupu Trustee Limited and Te Wai Māori Trustee Limited, as provided for under subparts 4 and 5 of Part 2:

(c) if relevant, enter into agreements with other mandated iwi organisations in relation to—

(i) coastline claims under section 11:

(ii) the allocation of—

(A) harbour quota under section 143:

(B) freshwater quota under section 148:

(d) establish companies to undertake fishing and fisheries-related activities, including, but not limited to, any activity related to the seafood industry:

(e) perform other functions provided for by or under this Act.

13 Recognition of mandated iwi organisations

(1) As soon as is reasonably practicable after Te Ohu Kai Moana Trustee Limited is satisfied that an iwi or a withdrawing group has established an organisation that meets the criteria specified in section 14 or section 21(1), as the case may be, or that an iwi has an iwi governance entity that meets the criteria specified in section 15, Te Ohu Kai Moana Trustee Limited must, by special resolution,—

(a) recognise 1 mandated iwi organisation for that iwi or withdrawing group, as the case may be; and

(b) record its recognition of that mandated iwi organisation in the iwi register.

(2) Te Ohu Kai Moana Trustee Limited must not recognise more than 1 mandated iwi organisation for an iwi.

14 Criteria for recognition of mandated iwi organisation

The criteria for recognition and continuing recognition of a mandated iwi organisation under section 13(1) are that—

(a) the organisation is a company, trust, body corporate set up under an enactment, or incorporated society; and

(b) the constitutional documents of the organisation comply with section 17; and

(c) the directors, trustees, or office holders, as the case may be, are able to demonstrate that, for the purposes of their responsibilities under this Act, they have been duly elected or appointed in accordance with the constitutional documents of the organisation; and

(d) the organisation has a register of iwi members that—

(i) complies with kaupapa 5 of Schedule 7; and

(ii) has no fewer than the minimum number of members specified in column 4 of Schedule 3.

15 Recognition of iwi governance entity

Te Ohu Kai Moana Trustee Limited must, if requested, recognise an iwi governance entity as a mandated iwi organisation under section 13(1) if, before the commencement of this Act, that entity meets the following criteria:

(a) it has been approved as a governance entity of the iwi for the purposes of the settlement of the historical Treaty of Waitangi claims of that iwi, as perfected through the enactment of legislation; and

(b) it represents an iwi listed in Schedule 3; and

(c) it complies with section 14(a); and

(d) it has established 1 or more asset-holding companies as required by section 12(1)(d); and

(e) it has directors, trustees, or office holders, as the case may be, who are elected in a manner that complies with the kaupapa of Schedule 7; and

(f) it has a dispute resolution mechanism that complies with kaupapa 8 of Schedule 7.

16 Functions and powers of asset-holding companies

(1) An asset-holding company required by section 12(1)(d) must—

(a) be and remain wholly owned by the mandated iwi organisation that established the company; and

(b) have constitutional documents that comply with section 17; and

(c) receive and hold, on behalf of the mandated iwi organisation that owns the company, for so long as they are to be retained, all settlement quota and income shares allocated by Te Ohu Kai Moana Trustee Limited to, or otherwise acquired by, the iwi under this Act; and

(d) provide dividends solely to the mandated iwi organisation owning the asset-holding company; and

(e) not undertake fishing or hold a fishing permit.

(2) However, an asset-holding company—

(a) must not enter into any transaction relating to or affecting the income shares it holds unless the mandated iwi organisation has complied with its obligations under sections 69 to 72; and

(b) in its function of receiving and holding settlement quota and income shares, is bound by all the requirements specified for mandated iwi organisations in relation to those matters.

(3) An asset-holding company may—

(a) establish 1 or more subsidiaries to be its subsidiary asset-holding companies; and

(b) transfer to a subsidiary some or all of the assets received under subsection (1)(c).

(4) A subsidiary established under subsection (3)(a) must—

(a) be and remain wholly owned by the asset-holding company that established it; and

(b) receive and hold, on behalf of the asset-holding company, settlement quota and income shares transferred to it by the asset-holding company under subsection (3)(b); and

(c) provide dividends solely to the mandated iwi organisation owning the asset-holding company that established the subsidiary; and

(d) comply with subsection (2); and

(e) not undertake fishing or hold a fishing permit.

17 Constitutional documents

(1) Every mandated iwi organisation, asset-holding company, and subsidiary of an asset-holding company must have 1 or more constitutional documents that comply with, and implement, the kaupapa set out in Schedule 7.

(2) The constitutional documents referred to in subsection (1) are of no effect under this Act until—

(a) they are approved as complying with the requirements of this Act,—

(i) in the case of a mandated iwi organisation, by Te Ohu Kai Moana Trustee Limited; and

(ii) in the case of each asset-holding company and subsidiary of an asset-holding company, by the mandated iwi organisation that owns the asset-holding company; and

(b) they are ratified,—

(i) in the case of a mandated iwi organisation, by not less than 75% of the adult members of the iwi who vote—

(A) in person at a general meeting called for the purpose of adopting a constitution; or

(B) by postal ballot; and

(ii) in the case of each asset-holding company and subsidiary of an asset-holding company, by not less than 75% of the directors, trustees, or office holders of the mandated iwi organisation that owns the asset-holding company.

(3) Notice of the meeting referred to in subsection (2)(b)(i)(A) must comply with kaupapa 4(2) of Schedule 7.

(4) As soon as is reasonably practicable after the constitutional documents of an asset-holding company or subsidiary of an asset-holding company have been approved in accordance with subsection (2)(a)(ii) and ratified in accordance with subsection (2)(b)(ii), the mandated iwi organisation that owns the asset-holding company must—

(a) advise Te Ohu Kai Moana Trustee Limited that the constitutional documents have been approved and ratified; and

(b) provide documentation to Te Ohu Kai Moana Trustee Limited, supported by a statutory declaration if Te Ohu Kai Moana Trustee Limited so requests, as may be necessary to establish that the constitutional documents of its asset-holding company, and any subsidiary of the asset-holding company, comply with the requirements of subsection (2)(a)(ii) and (b)(ii), and, in the case of amendments to a constitutional document, with the requirements of section 18.

(5) This section does not apply to an iwi governance entity recognised by Te Ohu Kai Moana Trustee Limited as a mandated iwi organisation because it meets the criteria set out in section 15.

(6) However, this section does apply to—

(a) an asset-holding company of a mandated iwi organisation referred to in subsection (5); and

(b) any subsidiary of that asset-holding company.

18 Changes to constitutional documents

(1) To the extent that the constitutional documents of a mandated iwi organisation, asset-holding company, or subsidiary of an asset-holding company relate to matters provided for by or under this Act, a proposal to change those documents—

(a) must not be inconsistent with this Act; and

(b) unless the change is required as a consequence of a rule made or amended under section 25,—

(i) must not be made earlier than 2 years after the date on which the mandated iwi organisation is recognised by Te Ohu Kai Moana Trustee Limited under section 13(1); and

(ii) may only be promoted if the iwi resolves at a general meeting of the mandated iwi organisation that the change is for the collective benefit of all members of the iwi.

(2) Section 17(2) and (3) applies, with the necessary modifications, to changes proposed under this section for constitutional documents or required as a consequence of rules made or amended in accordance with section 25.

Provisions allowing for reorganisation of specified mandated iwi organisations

19 Interpretation

In this Act,—

joint mandated iwi organisation means the first mandated iwi organisation recognised under section 13(1) for—

(a) the iwi of Hauraki listed in note (1) to Schedule 3:

(b) the iwi of Te Arawa listed in note (2) to Schedule 3:

(c) Ngapuhi (including Ngati Hine):

(d) Ngati Kahungunu (including Rongomaiwahine)

withdrawing group means—

(a) in the case of the iwi of Hauraki or the iwi of Te Arawa, any iwi that withdraws from the joint mandated iwi organisation in accordance with the constitutional documents of the joint mandated iwi organisation as provided for under section 20; and

(b) in the case of Ngapuhi, Ngati Hine if it withdraws from Ngapuhi in accordance with the constitutional documents of the joint mandated iwi organisation of Ngapuhi as provided for under section 20; and

(c) in the case of Ngati Kahungunu, Rongomaiwahine if it withdraws from Ngati Kahungunu in accordance with the constitutional documents of the joint mandated iwi organisation of Ngati Kahungunu as provided for under section 20.

20 Withdrawal of group from joint mandated iwi organisation

(1) In addition to the matters required for the constitutional documents of a mandated iwi organisation under section 17, the constitutional documents of a joint mandated iwi organisation must provide,—

(a) in the cases of the iwi of Hauraki and the iwi of Te Arawa, for any iwi to withdraw, if it so chooses, from the relevant joint mandated iwi organisation; and

(b) in the case of Ngapuhi, for Ngati Hine, if it so chooses, to withdraw from the joint mandated iwi organisation of Ngapuhi; and

(c) in the case of Ngati Kahungunu, for Rongomaiwahine, if it so chooses, to withdraw from the joint mandated iwi organisation of Ngati Kahungunu.

(2) The constitutional documents of each joint mandated iwi organisation must also provide—

(a) the process that a withdrawing group must undertake in order to withdraw, including giving notice of its intention to withdraw to—

(i) Te Ohu Kai Moana Trustee Limited; and

(ii) the relevant joint mandated iwi organisation; and

(b) the process for determining, consistently with the provisions of Part 3, the matters set out in subsection (3); and

(c) the criteria that must be met by the withdrawing group in order to complete the process of withdrawal, including having a mandated iwi organisation recognised by Te Ohu Kai Moana Trustee Limited in accordance with section 13(1).

(3) The matters that must be determined by the process provided for under subsection (2)(b) are—

(a) the amount of the notional iwi population specified in column 2 of Schedule 3 for an iwi that must, in each case, be attributed to any withdrawing group; and

(b) the division of settlement assets that must be made between the joint mandated iwi organisation and a withdrawing group, including the proportion that the withdrawing group is entitled to receive of—

(i) the settlement assets of the joint mandated iwi organisation, on the date when the withdrawal is complete; and

(ii) other settlement assets that the joint mandated iwi organisation receives—

(A) under sections 36(1)(f)(ii), 43, 84(1)(g), and 96(1)(g); and

(B) as a consequence of the allocation and transfer of settlement assets under subparts 1 and 2 of Part 3, including quota shares in respect of new species introduced into the quota management system and transferred to Te Ohu Kai Moana Trustee Limited under section 44 of the Fisheries Act 1996.

(4) In determining the amount of the notional iwi population to be attributed to a withdrawing group under subsection (3)(a) and the proportion of the settlement assets that a withdrawing group must receive under subsection (3)(b), a joint mandated iwi organisation and a withdrawing group may use any relevant information, including the relevant data from the census of 2001 or 2006 (but no other census data).

(5) If a withdrawing group chooses to withdraw from its joint mandated iwi organisation, it must commence the process of withdrawal, in accordance with the process provided for under subsection (2)(a), not later than 5 years after the recognition of the relevant joint mandated iwi organisation under section 13(1).

21 Recognition of mandated iwi organisation of withdrawing group

(1) Despite section 13(2), if a withdrawing group notifies in accordance with section 20(2)(a) its intention to withdraw from a joint mandated iwi organisation, Te Ohu Kai Moana Trustee Limited must recognise under section 13(1) a mandated iwi organisation for the withdrawing group if the withdrawing group has set up an organisation that meets—

(a) the criteria of section 14 (other than section 14(d)(ii)); and

(b) the following further criteria:

(i) it has on its register of iwi members no fewer than the minimum number of persons specified in column 4 of Schedule 3, in the proportion that the amount attributed to the withdrawing group under section 20(3)(a) represents of the notional iwi population specified in column 2 of Schedule 3, calculated in accordance with the formula—

a ÷ b x c

where—

a is the amount attributed to the withdrawing group under section 20(3)(a)

b is the total notional population for the iwi set out in column 2 of Schedule 3

c is the minimum number of members specified in column 4 of Schedule 3; and

(ii) it has an asset-holding company, as required by section 12(1)(d).

(2) Despite subsection (1), if a group has withdrawn from a joint mandated iwi organisation as provided for under section 20, settlement assets must be distributed under section 36(1)(f)(ii), allocated and transferred under section 43 or Part 3, or payments must be made under section 84(1)(g) or section 96(1)(g), as the case may be, to the relevant joint mandated iwi organisation as if no group had withdrawn from that joint mandated iwi organisation.

22 Transfer of assets

(1) A joint mandated iwi organisation must not transfer to a withdrawing group the assets referred to in section 20(3)(b) until the withdrawing group has completed the process of withdrawal in accordance with the criteria provided for under section 20(2)(c).

(2) A transfer of assets referred to in subsection (1) must be—

(a) free of charge to the withdrawing group, other than reasonable administrative costs; and

(b) treated as if it were between wholly-owned asset-holding companies of the joint mandated iwi organisation.

23 Voting rights

(1) The mandated iwi organisation of a withdrawing group, after it has completed the process of withdrawal provided for under section 20(2)(c),—

(a) has all the voting rights of a mandated iwi organisation under this Act; and

(b) may exercise those rights from the date when it has completed the process of withdrawal.

(2) However, only the joint mandated iwi organisation may exercise voting rights in respect of an appointment or removal at a meeting convened under—

(a) clause 1 or clause 6 of Schedule 8 to appoint or remove a member or alternate member of Te Kawai Taumata; or

(b) clause 1 of Schedule 8 to appoint a member of a committee of representatives, as provided for by section 117(1).

(3) For the purposes of sections 115(2), 127(3), 137(2)(b), and 138(3)(b),—

(a) the notional iwi population represented by the mandated iwi organisation of any withdrawing group is the amount attributed to the withdrawing group under section 20(3)(a); and

(b) the notional iwi population represented by the joint mandated iwi organisation is the number stated in column 2 of Schedule 3, after subtracting the amount attributed, under section 20(3)(a), to the withdrawing group.

24 Status of Ngati Hine and Rongomaiwahine

(1) If Ngati Hine withdraws from the joint mandated iwi organisation of Ngapuhi in accordance with the constitutional documents of Ngapuhi, Ngati Hine becomes, upon completion of its withdrawal, an iwi for the purposes of this Act as if it were listed in Group B—NGAPUHI of Schedule 3.

(2) If Rongomaiwahine withdraws from the joint mandated iwi organisation of Ngati Kahungunu in accordance with the constitutional documents of Ngati Kahungunu, Rongomaiwahine becomes, upon completion of its withdrawal, an iwi for the purposes of this Act as if it were listed in Group G—TAKITIMU of Schedule 3.

(3) Subsections (1) and (2) do not override section 21(2).

25 Further criteria may be prescribed

For the purpose of recognising and continuing to recognise mandated iwi organisations under section 13(1), Te Ohu Kai Moana Trustee Limited may make or amend rules in accordance with section 54 in respect of the criteria or requirements that apply to mandated iwi organisations and their constitutional documents.

26 Benefit to persons who are not members of iwi

(1) The constitutional documents of a mandated iwi organisation may permit the organisation to benefit—

(a) Māori who are not members of the iwi:

(b) the community generally.

(2) If the constitutional documents of a mandated iwi organisation make provision as contemplated by subsection (1), that does not disqualify the organisation from being recognised as a mandated iwi organisation or affect the validity of its constitutional documents, to the extent that they relate to matters provided for by or under this Act.

Recognised iwi organisations

27 Functions and powers of recognised iwi organisations

(1) This section and section 28 apply to the organisations listed in Schedule 4, each of which is a recognised iwi organisation for the matters listed in subsection (3), but only until there is a mandated iwi organisation for the iwi.

(2) In addition to the recognised iwi organisations listed in Schedule 4, Te Ohu Kai Moana Trustee Limited may recognise other organisations as recognised iwi organisations for the matters listed in subsection (3), so long as there is only 1 recognised iwi organisation for an iwi.

(3) A recognised iwi organisation has the functions and powers of a mandated iwi organisation, including the right—

(a) to receive all documents, reports, and notices that must be provided to mandated iwi organisations under Part 2; and

(b) to participate in the process for offering annual catch entitlement provided for in section 152; and

(c) to participate in the process for resolving a dispute referred to in section 180(1)(b), (d), (e), (g), (h), (i), (k), or (l); and

(d) to represent the iwi in consultation, negotiation, and proceedings relating to a matter listed in this subsection; and

(e) to represent its iwi by voting at any meeting convened under clause 1 or clause 6 of Schedule 8 to appoint or remove a member or alternate member of Te Kawai Taumata.

(4) However, a recognised iwi organisation does not have the right—

(a) to receive settlement quota; or

(b) to receive money under section 149 or section 150; or

(c) to purchase settlement quota; or

(d) to receive or purchase income shares, or to receive dividends relating to income shares; or

(e) to enter into binding agreements with other iwi over coastline claims; or

(f) to submit coastline claims to Te Ohu Kai Moana Trustee Limited for determination under section 11; or

(g) to enter into agreements for freshwater quota or harbour quota; or

(h) to nominate an entity with charitable status to receive distributions on the termination of—

(i) Te Ohu Kai Moana, as provided for under section 36(1)(f)(ii):

(ii) Te Putea Whakatupu Trust, as provided for under section 84(1)(g):

(iii) Te Wai Māori Trust, as provided for under section 96(1)(g).

28 Status of recognised iwi organisations

(1) Te Ohu Kai Moana Trustee Limited, mandated iwi organisations, and recognised iwi organisations must recognise and deal with a recognised iwi organisation as if it were a mandated iwi organisation, including for the matters listed in section 27(3), until there is a mandated iwi organisation for the iwi.

(2) Despite the constitutional documents of a recognised iwi organisation, Te Ohu Kai Moana Trustee Limited may, if it considers in the circumstances that it is reasonably necessary, require the directors, trustees, or office holders of a recognised iwi organisation to demonstrate that, in relation to their functions under this Act, they have the confidence of the majority of the adult members of the iwi who vote at a properly constituted general meeting to act on their behalf.

29 Representative Māori organisations

(1) The organisations specified in Schedule 5 are representative Māori organisations under this Act.

(2) A representative Māori organisation is entitled to participate in the procedures—

(a) to appoint or remove a member or alternate member of Te Kawai Taumata, as provided for in Schedule 8; and

(b) to appoint a member of any committee of representatives established under section 116.