(1) The methodology by which the coastline entitlements of iwi must be determined in respect of quota management stocks comprises—
(a) the process set out in clauses 2 to 11 which must be followed in making determinations under section 11; and
(b) a geographic information system computation model, described in clauses 12 to 14, that is based on—
(i) a specified map database of the coastline of New Zealand; and
(ii) specified decision rules; and
(iii) matters relevant to creating and maintaining the computation model.
(2) An example used in this schedule is only illustrative of the provision to which it relates, and does not limit the provision.
(3) If an example and the provision to which it relates are inconsistent, the provision prevails.
Determination of coastline entitlements
Process for making coastline claim
In this Part of this schedule,—
affected iwi means, in relation to a coastline claim for a particular quota management stock, an iwi whose mandated iwi organisation has made, or is likely to make, coastline claims that abut, overlap, or are contained within, the specified points used in the coastline claims of the claimant iwi for that stock
coastal boundary point means any point on the mean high-water mark whose co-ordinates are defined under the Fisheries Act 1996
coastal endpoint means a point on the mean high-water mark that is defined in the description of a quota management area under the Fisheries Act 1996
harbour entrance point means a point on the mean high-water mark on either the northern or southern entrance of the harbour, the co-ordinates of which are listed in Part 1 of Schedule 2
specified point means a point on the coastline that complies with clause 3(2)(b).
(1) To enable Te Ohu Kai Moana Trustee Limited to make a determination of the coastline entitlements of an iwi as required by section 11, the mandated iwi organisation of that iwi must submit to Te Ohu Kai Moana Trustee Limited—
(a) a coastline claim for each quota management stock included in Schedule 1 for which the iwi is entitled to receive an allocation based on coastline under sections 140 to 142; and
(b) coastline claims for each stock for which harbour quota is listed in Part 2 of Schedule 2 and for which the iwi is entitled to receive an allocation under section 143.
(2) A coastline claim for each stock must identify—
(a) the quota management stock; and
(b) 2 specified points on the coastline, each of which must be—
(i) a coastal boundary point; or
(ii) a harbour entrance point; or
(iii) a point on the mean high-water mark with co-ordinates certified by a registered cadastral surveyor; and
(c) a percentage representing the proportion of the coastline between the 2 specified points that the mandated iwi organisation is claiming for that stock; and
(d) all affected iwi for that claim.
(3) A coastline claim submitted under this clause may—
(a) contain all, or only some, of the coastline claims necessary to enable Te Ohu Kai Moana Trustee Limited to determine all the coastline entitlements for the mandated iwi organisation, as required by section 130(3)(b):
(b) be an interim coastline claim as provided for in clause 4 or a supplementary coastline claim as provided for in clause 5.
Example relating to clause 3 Either of the points may be a point on the mean high-water mark taken from the description of the relevant quota management area boundary for the stock, as set out in Part III of the First Schedule of the Fisheries Act 1996 or otherwise defined under that Act.
If the 2 specified points mark out the 2 extremities of a claimant's territory, the percentage claimed would be 100%.
If a mandated iwi organisation has agreed a percentage split with other mandated iwi organisations, they may set out the points marking out the whole area to which the agreement relates, and the percentage of that area assigned by agreement to the claimant iwi.
(1) If 2 mandated iwi organisations are unable to reach agreement to allow their coastline claims to be made under clause 3, but are able to agree in writing to the geographical extent of the coastline under dispute, each may submit an interim coastline claim based on the undisputed coastline.
(2) An interim coastline claim must comply with the requirements of clause 3, except that it must exclude the area of coastline under dispute.
(3) Following verification under clause 10, an interim coastline claim may be used to determine under clause 11 a coastline entitlement that is then registered as an interim coastline entitlement.
(4) An interim coastline entitlement for a quota management stock satisfies the requirements of section 130(3)(b) for that stock.
[ PLEASE REFER TO HARDCOPY FOR ARTWORK ]
(1) If, after the registration of an interim coastline entitlement, a dispute referred to in clause 4(1) is resolved, the affected mandated iwi organisations may make supplementary coastline claims for relevant stocks within the coastline that was the subject of the dispute.
(2) A supplementary coastline claim—
(a) must be made—
(i) using the method set out in clause 3; and
(ii) solely in respect of the coastline previously in dispute; and
(b) must not be submitted as an interim coastline claim for the coastline previously in dispute.
(1) Any coastline claim submitted under clause 3 must be accompanied by endorsements from the mandated iwi organisation of each iwi that is an affected iwi in respect of the claim.
(2) Endorsements may be presented in the form of either or both of the following:
(a) copies of signed multi-party mandated iwi organisation agreements that include the affected iwi:
(b) signed written statements from the mandated iwi organisations of the affected iwi.
(3) Agreements or statements presented under subclause (2) must set out—
(a) the stocks for which the iwi is an affected iwi for the purpose of the claims being made; and
(b) for each stock, the agreement of the mandated iwi organisation of the affected iwi to the specified point or points in respect of which it is an affected iwi; and
(c) for each stock for which the mandated iwi organisation of the affected iwi has made or intends to make a coastline claim between the specified points identified for that stock by the claimant, the agreement of the mandated iwi organisation of the affected iwi to the percentage stated in the coastline claim; and
(d) in the case of an agreement supporting an interim coastline claim under clause 4, 2 specified points that define the disputed portion of coastline.
(4) The co-ordinates of all specified points, except harbour entrance points or coastal boundary points, must be supported in a report from a registered cadastral surveyor.
(5) If any part of a claim has been the subject of dispute resolution under clause 9, the documentation of that process may be used to support a claim instead of the endorsements referred to in subclause (1), but the documentation must clearly set out the information required under subclause (3).
Before a mandated iwi organisation submits a claim under clause 3 to Te Ohu Kai Moana Trustee Limited, it must take reasonable steps to reach agreements, in relation to the data required by clause 3(2), with every affected iwi as to the matters set out under clause 6(3)(a) to (c).
(1) A mandated iwi organisation may, at any time, request Te Ohu Kai Moana Trustee Limited to verify and subsequently place on the iwi register any agreement made by mandated iwi organisations relating to coastline claims to which it is a party.
(2) If a request is made under subclause (1), Te Ohu Kai Moana Trustee Limited must attempt to verify the agreement by the procedures set out in clause 10.
(3) If Te Ohu Kai Moana Trustee Limited is able to verify an agreement under subclause (2), it must record the details of the agreement on the iwi register.
(4) The registration of an agreement under this clause binds the parties to the terms of the agreement for any coastline claims to which it is relevant, unless the agreement is withdrawn by written consent of all the parties.
(1) If a mandated iwi organisation is unable to reach an agreement required by clause 7, the dispute must be resolved in accordance with sections 181 and 182.
(2) Once resolutions are reached under the dispute resolution process,—
(a) the points and percentages settled in that process must be included in any relevant coastline claim submitted under clause 3(1); and
(b) the signed documentation of the resolution of the dispute must be included with the endorsement of the claim required by clause 6(1).
Process for verifying coastline claims and determining entitlements
(1) After receiving a coastline claim under clause 3, Te Ohu Kai Moana Trustee Limited must—
(a) attempt to verify that all the data required by clause 3 or clause 6(3)(d) has been supplied for each stock for which a claim is made; and
(b) attempt to verify that each specified point is—
(i) a coastal boundary point; or
(ii) a harbour entrance point; or
(iii) is shown as a co-ordinate that has been provided by, and is supported in a report from, a registered cadastral surveyor; and
(c) satisfy itself that,—
(i) for each stock for which a coastline claim is made, there are endorsements as required by clause 6(1); and
(ii) if a claim for a stock is for less than 100% of the coastline between the specified points, the total of the percentages of the coastline between the specified points assigned to the iwi in the agreement supporting that claim is 100%; and
(iii) if any part of a coastline claim has been the subject of a dispute resolution process in accordance with clause 9, there is appropriately authorised documentation of the outcome of the process to support the claim.
(2) If Te Ohu Kai Moana Trustee Limited is not able to verify an aspect of a coastline claim, it must refer that matter back to the claimant.
(3) A claimant may clarify the matter referred to it under subclause (2) and resubmit its coastline claim in respect of the affected quota management stocks.
(1) Before the determination of a coastline entitlement under this clause, Te Ohu Kai Moana Trustee Limited must determine the length of the relevant quota management area by applying the 2 coastal endpoints for the area as input to the computation model described in Part 2 of this schedule.
(2) When Te Ohu Kai Moana Trustee Limited has verified the matters set out in clause 10(1)(a) and (b) and is satisfied of the matters set out in clause 10(1)(c), it must determine coastline entitlements as follows:
(a) for each coastline claim, the data representing the 2 specified points must be applied as input to the computation model to produce output that represents the coastline length between the 2 points; and
(b) using the coastline length of the relevant quota management area determined under subclause (1), the percentage of the quota management area coastline represented by the result obtained from the calculation under paragraph (a) must be determined; and
(c) the result obtained from the determination under paragraph (b) must be multiplied by the percentage set out in the claim, as required by clause 3(2)(c); and
(d) the result obtained from the calculation under paragraph (c) must be multiplied by the total number of settlement quota shares to be allocated on the basis of coastline for the stock that is the subject of the claim.
(3) For each stock, the results obtained from calculations made under subclause (2)(c) and (d) together describe the coastline entitlement for the claimant iwi.
Examples for clause 11
o If the stock is an inshore stock, the entitlement is a percentage of the total settlement quota for that stock, and the equivalent number of quota shares.
o If the stock is a deepwater stock, the entitlement is a percentage of the part of the settlement quota that is allocated on the basis of coastline (ie, 25% of the total settlement quota for the stock, and the equivalent number of quota shares).
(1) Before making the first calculation of coastline lengths to be used to determine coastline entitlements for the purposes of section 11, Te Ohu Kai Moana Trustee Limited must ensure that an appropriate computation model is created for the purpose of calculating coastline lengths between 2 specified co-ordinates on the mean high-water mark.
(2) Te Ohu Kai Moana Trustee Limited must ensure that, after the first application under clause 11 of the computation model to produce results to be used to determine a coastline entitlement, there are no alterations to—
(a) the software, algorithms, or computer code of the model; or
(b) the specified baselines; or
(c) the specified decision rules; or
(d) the hardware platform for the model.
(3) Subclause (2) does not exclude alterations to the model unless the alteration would mean that a recalculation of a coastline length, using the input data used for a completed determination under clause 11, would produce an output differing from the original result by more than 1%.
(4) Te Ohu Kai Moana Trustee Limited must ensure that the records of all input data applied to, and output data derived from, the computation model for determining coastline entitlements are preserved for not less than 10 years.
(1) The computation model used for determining coastline entitlements must use the following baselines:
(a) the map database created for the purpose by Land Information New Zealand from the 1:50 000 topographical map series; and
(b) the coastal endpoints of each quota management area; and
(c) the harbour entrance points.
(2) Coastlines must be defined along the line of the mean high-water mark.
(3) For each quota management area, Te Ohu Kai Moana Trustee Limited must specify a date upon which the coastal endpoints referred to in subclause (1) are definitive, and any later change to the quota management area under the Fisheries Act 1996 has no effect for the purpose of determining coastline entitlements under this Act.
The calculation of coastline lengths must be based on the following decision rules in relation to the specified geographical features:
(a) Rivers are cut off where the mean high-water mark meets the natural entrance points of the river, and the distance across the river mouth is included in the coastline length.
(b) A bay is an indentation of the coast,—
(i) the area of which is not less than the area of a semicircle with a diameter drawn across the mouth of the indentation; and
(ii) the length of the diameter referred to in subparagraph (i) is 10 km or less.
(c) The straight line drawn across the mouth of a bay is substituted for the actual coastline of the bay in the calculation of coastline length.
(d) The presence of islands at the mouth of, or within, an indentation does not affect the calculations necessary to determine whether an indentation is a bay.
(e) An offshore island is a naturally formed area of land that, at mean high-water tides, is—
(i) surrounded by water; but
(ii) not submerged by water.
(f) The coastlines of the following offshore islands must be counted as coastlines of the relevant quota management areas:
(ii) Great Barrier/Aotea:
(g) The coastlines of other offshore islands must be counted as coastlines of the relevant quota management area if Te Ohu Kai Moana Trustee Limited is satisfied that 1 or more iwi have—
(i) ahi kaaroa (both long-term and current habitation on the island); and
(ii) a traditional and separate fishery associated with the island; and
(iii) current occupation of the island, as shown by the presence of marae and other communal structures.
(h) For the purpose of calculating the coastline in the Chatham zone, only the coastlines of the following islands are relevant:
(i) Chatham Island; and
(ii) Pitt Island.