Iwi explore different structures
Iwi organisations around the country continue to explore different options as they meet the requirements of the Maori Fisheries Act for allocation of fisheries settlement assets.
Te Ohu Kaimoana has been working on a range of structures with iwi to enable them to become Mandated Iwi Organisations (MIOs) and take possession of their share of the settlement.
Nineteen iwi throughout the country are now MIOs with ownership of over $100 million in fisheries assets. Thirty-eight iwi are still to put in place the necessary structures to become mandated under the Act and receive their share, however, they have a number of different methods from which to choose.
Te Ohu Kaimoana Solicitor Simon Karipa says while there is a standard trust deed template available should iwi decide to use it, Te Ohu Kaimoana has advised on, and assisted iwi into, a variety of different structures to suit a variety of situations.
“The important matter is that iwi decide what is the best structure for them. Under the Maori Fisheries Act, there are options available, but it's important that iwi pick the right structure for them.”
Maori Trust Boards, Incorporated Societies, Trusts and Charitable Trust Boards are all structures that can be used by iwi organisations to become mandated.
Each structure must be compliant with requirements under the Act, which means ensuring that rules and provisions are in place before they can be mandated. For example, while Maori Trust Boards do not meet all the requirements that a MIO must comply with under the Maori Fisheries Act, they can establish a trust over which the Maori Trust Board will be trustee: this lays the requirements of the Maori Fisheries Act over the ordinary legal obligations of a Maori Trust Board, and allows them to become a MIO. Te Runanga o Ngati Porou and Te Runanga o Ngati Whatua are examples of Maori Trust Boards now mandated under the Maori Fisheries Act.
Incorporated Societies, Trusts and Charitable Trust Boards must also have specific provisions in their constitutional documents in order to comply with the Act.
Some iwi can be recognised as Joint Mandated Iwi Organisations (JMIOs). This is a specific type of MIO, which must contain withdrawal provisions to allow parts of the constituent group to withdraw from the whole. This affects Ngapuhi, Hauraki, Ngati Kahungunu and Te Arawa.
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Protecting Māori fisheries assets for future generations