Māori Fisheries Act 2004

You can either go directly to various parts by using the list or work your way through the indexed titles further down.

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Analysis

1 Title
2 Commencement

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

Subpart 1 — Purposes, outline, and interpretation

3 Purposes
4 Outline of Act
5 Interpretation
6 Act binds the Crown

Subpart 2 — Key concepts

7 Classification of new quota
8 Basis for classifying stock under section 7
9 Alternative basis for classification of new quota
10 Population of an iwi
11 Registered coastline entitlements

Subpart 3 — Iwi organisations

12 Functions and powers of mandated iwi organisations
13 Recognition of mandated iwi organisations
14 Criteria for recognition of mandated iwi organisation
15 Recognition of iwi governance entity
16 Functions and powers of asset-holding companies
17 Constitutional documents
18 Changes to constitutional documents
19 Interpretation
20 Withdrawal of group from joint mandated iwi organisation
21 Recognition of mandated iwi organisation of withdrawing group
22 Transfer of assets
23 Voting rights
24 Status of Ngati Hine and Rongomaiwahine
25 Further criteria may be prescribed
26 Benefit to persons who are not members of iwi
27 Functions and powers of recognised iwi organisations
28 Status of recognised iwi organisations
29 Representative Māori organisations

Part 2: Establishment and review of new entities

30 Outline of this Part

Subpart 1 — Te Ohu Kai Moana and Te Ohu Kai Moana Trustee Limited

31 Te Ohu Kai Moana to be established
32 Purpose of Te Ohu Kai Moana
33 Trustee of Te Ohu Kai Moana
34 Duties of Te Ohu Kai Moana Trustee Limited
35 Functions of Te Ohu Kai Moana Trustee Limited
36 Trust deed of Te Ohu Kai Moana
37 Matters to be included in annual plan
38 Annual report of Te Ohu Kai Moana Trustee Limited
39 Consultation and other reporting obligations
40 Obligation to establish and maintain iwi register
41 Review of revenue requirements
42 Scope of revenue review
43 Allocation and transfer of surplus loan funds
44 Constitution of Te Ohu Kai Moana Trustee Limited
45 First directors of Te Ohu Kai Moana Trustee Limited
46 Subsequent appointments
47 Term of office of directors
48 Eligibility for office of director
49 Removal of directors
50 Effect of vacancy in membership of Te Ohu Kai Moana Trustee Limited
51 Documentation relating to iwi register
52 Access to iwi register
53 Policy on iwi register
54 Procedures for making or amending rules

Subpart 2 — Te Kawai Taumata

55 Establishment of Te Kawai Taumata
56 Sole function of Te Kawai Taumata
57 Membership of Te Kawai Taumata
58 Alternate members of Te Kawai Taumata
59 Eligibility for membership of Te Kawai Taumata

Subpart 3 — Aotearoa Fisheries Limited

60 Establishment of Aotearoa Fisheries Limited
61 Duty of Aotearoa Fisheries Limited
62 Requirements for constitution
63 Directors of Aotearoa Fisheries Limited
64 Restrictions on appointment of directors
65 Directors of subcompanies
66 Voting shares
67 Income shares
68 Additional income shares
69 Disposal of income shares by mandated iwi organisations
70 Process for disposal of income shares by mandated iwi organisations
71 Disposal of income shares by Te Ohu Kai Moana Trustee Limited
72 Other constraints on disposal of income shares
73 Remedy for breach of sections 69 to 72
74 Exceptions to restrictions on disposal of income shares
75 Transfer of assets to Aotearoa Fisheries Limited
76 Payment of dividends by Aotearoa Fisheries Limited
77 Circumstances when payments not required

Subpart 4 — Te Putea Whakatupu Trust and Te Putea Whakatupu Trustee Limited

78 Interpretation
79 Establishment of Te Putea Whakatupu Trust
80 Trustee of Te Putea Whakatupu Trust
81 Purpose of Te Putea Whakatupu Trust
82 Benefits of Trust
83 Functions of Te Putea Whakatupu Trustee Limited
84 Contents of trust deed of Te Putea Whakatupu Trust
85 Annual plan of Te Putea Whakatupu Trustee Limited
86 Reporting obligations of Te Putea Whakatupu Trustee Limited
87 Constitution of Te Putea Whakatupu Trustee Limited
88 Requirements for appointment of directors
89 Eligibility for office of director
90 Payments to Te Putea Whakatupu Trustee Limited

Subpart 5 — Te Wai Māori Trust and Te Wai Māori Trustee Limited

91 Interpretation
92 Establishment of Te Wai Māori Trust
93 Trustee of Te Wai Māori Trust
94 Purpose of Te Wai Māori Trust
95 Functions of Te Wai Māori Trustee Limited
96 Contents of trust deed of Te Wai Māori Trust
97 Annual plan of Te Wai Māori Trustee Limited
98 Distributions of trust income
99 Reporting obligations of Te Wai Māori Trustee Limited
100 Constitution of Te Wai Māori Trustee Limited
101 Criteria for appointment of directors
102 Eligibility for office of director
103 Payments to Te Wai Māori Trustee Limited

Subpart 6 — Audits and reviews

104 Interpretation
105 Audits
106 Subsequent audits
107 Person to conduct audit
108 General scope of audits
109 Audit of Te Ohu Kai Moana Trustee Limited
110 Audit of Aotearoa Fisheries Limited
111 Audits of Te Putea Whakatupu Trustee Limited and Te Wai Māori Trustee Limited
112 Procedure for auditor and entity audited
113 Procedure for Te Ohu Kai Moana Trustee Limited
114 Review of entities
115 Funding of reviews
116 Committee of representatives
117 Appointment procedure
118 Functions of committee of representatives
119 Terms of reference
120 Procedure and remuneration of committee of representatives
121 Reviewer
122 Scope of review
123 Further relevant considerations
124 Limits to recommendations that may be made
125 Report on review
126 Consideration of review report by entity under review
127 Consideration of review report
128 Information requested by auditor or reviewer

Part 3: Allocation and transfer of settlement assets

129 Outline of this Part

Subpart 1 — Allocation and transfer of settlement assets

130 Duty to allocate and transfer settlement assets
131 Interpretation
132 Application of sections 133 and 134
133 Procedure if request made under section 132(2)
134 Allocation and transfer after request under section 132(2)
135 Discretion to allocate and transfer
136 Limitations applying if mandated iwi organisation receives settlement quota under section 135
137 Transfer of money
138 Allocation of surplus funds
139 Allocation of income shares

Subpart 2 — Bases for allocation of settlement quota

140 Allocation of inshore quota
141 Allocation of deepwater quota
142 Chatham Island allocations
143 Allocation of quota within harbours
144 Allocation of settlement quota in quota management areas same as Fishery Management Area 4
145 Allocation of settlement quota in quota management areas same as Fishery Management Area 6
146 Allocation of settlement quota in quota management areas same as Fishery Management Area 10
147 Allocation of settlement quota for highly migratory species
148 Allocation of freshwater quota
149 Additional cash in lieu of shortfall in settlement quota
150 Specific cash transfers to certain iwi

Subpart 3 — Transfer of settlement assets

151 Transfer of allocated settlement quota
152 Offer of annual catch entitlement

Subpart 4 — Mistellaneous

153 When settlement assets must be held in trust
154 Status of settlement assets

Part 4: Settlement quota interests, sales and exchanges of settlement quota, related restrictions, and option to purchase

155 Outline of this Part
156 Interpretation

Subpart 1 — Registration of settlement quota interests

157 Registration of settlement quota interests
158 General restriction on transfer of settlement quota
159 Quota may be treated as settlement quota
160 Application for registration

 

Subpart 2 — Restrictions on, and procedures for, disposal of settlement quota

161 Restrictions on disposal of settlement quota
162 Prerequisites to sale of settlement quota
163 Offer of option to purchase
164 Procedure for selling bundle of assets
165 Procedure to determine right to purchase
166 Basis on which sale must proceed
167 Other constraints on disposal
168 Application of this subpart to Te Ohu Kai Moana Group
169 When sale of settlement quota must be allowed
170 Remedy for breach of requirements under this subpart

Subpart 3 — Exceptions to application of subpart 2

171 Settlement quota sold to wholly-owned entities
172 Rationalisation of small parcels of settlement quota
173 Exception for quota exchanges
174 Procedure and criteria for exchange
175 Remedy for breach of restrictions

Subpart 4 - Additional rules for quota sales and exchanges

176 Additional rules

Part 5: Dispute resolution

177 Outline of this Part
178 Purpose of this Part

Subpart 1 — Procedure for resolution of disputes

179 Notification of specified decisions
180 Application of this Part to specified decisions
181 Resolution of disputes
182 Reference to Māori Land Court
183 Effect of reference or application etc to Māori Land Court

Subpart 2 — Other matters relevant to disputed decisions

184 Implementation of decision
185 Powers of Te Ohu Kai Moana Trustee Limited in relation to mandated iwi organisations
186 Other powers not limited
187 Dispute resolution in relation to reorganisation of specified mandated iwi organisations

Part 6: Transitional and miscellaneous provisions, repeal, and amendments

188 Outline of this Part
189 Interpretation

Subpart 1 — Transitional and miscellaneous provisions, repeal, and amendments

190 Powers of Treaty of Waitangi Fisheries Commission
191 Agreements for sale of annual catch entitlements
192 Certain exemptions saved
193 Validation of certain decisions, etc
194 Treaty of Waitangi Fisheries Commission dissolved and existing undertaking vested
195 Payment of taxation refunds (if any)
196 Classification of quota shares allocated to Treaty of Waitangi Fisheries Commission
197 Final report of Treaty of Waitangi Fisheries Commission
198 References in instruments
199 Status of contracts and other instruments
200 Status of existing securities
201 Continuation of proceedings
202 Matters not affected by transfer to Te Ohu Kai Moana Trustee Limited
203 Books and documents to remain evidence
204 Registers

Subpart 2 — Employees and agents

205 Interpretation
206 Liability of employees and agents
207 Transfer of existing employees
208 Terms and conditions of employment of transferred employees
209 Continuity of employment
210 No compensation for technical redundancy

Subpart 3 — Miscellaneous provisions

211 Application of Inland Revenue Acts and other enactments
212 Protection of names

Subpart 4 — Repeal and consequential amendments

213 Enactment repealed
214 Amendments to other enactments

Schedules

1 Quota shares
2 Harbours and harbour quota
3 Iwi (listed by groups of iwi) and notional iwi populations
4 Organisations that are recognised iwi organisations (as at the commencement of this Act)
5 Representative Māori organisations
6 Methodology for determination of coastline entitlements
7 Kaupapa applying to constitutional documents of mandated iwi organisations
8 Te Kawai Taumata
9 Consequential amendments