Hon Christopher Finlayson

Hon CHRISTOPHER FINLAYSON (Minister for Treaty of Waitangi Negotiations) on behalf of the Minister of Fisheries: I move, That the Maori Commercial Aquaculture Claims Settlement (Regional Agreements) Amendment Bill be now read a second time. This bill was jointly drafted by the Crown and iwi. It gives effect to a deed of settlement signed on 6 May between the Crown and the iwi of the South Island and Hauraki for an early settlement of the Crown’s pre-commencement aquaculture space obligations in those regions.

The settlement will meet the vast majority of the Crown’s pre-commencement space obligations and covers the Hauraki Gulf, Marlborough Sounds, Tasman Bay, and the rest of the South Island. It has required a great deal of collaboration and hard work by both Government officials and iwi, and it is the result of innovative thinking and a desire from both sides to reach a quick settlement that is fair to both parties. The fact that the settlement spans more than half of New Zealand’s coastal area and well over 90 percent of the aquaculture sector is testament to what an achievement it is.

In 1992 the Crown reached a full and final settlement with Māori for all claims under the Treaty of Waitangi relating to New Zealand’s commercial capture fisheries. The Government has an ongoing responsibility to develop policies and programmes to recognise and provide for non-commercial customary fishing. Aquaculture was the unfinished business of that settlement, being the use of New Zealand’s coastal marine space to commercially farm kai moana. The settling of Māori claims to commercial aquaculture between 1992 and 2004 with the Maori Commercial Aquaculture Claims Settlement Act 2004 is an important element of the relationship between Māori and the Crown. Unfortunately, the transfer of settlement assets to iwi did not happen as anticipated in 2004. As a result of the lack of movement, a way to more effectively deliver the benefits of the settlement to iwi had to be found. The Crown and the iwi of the South Island and Hauraki have worked together and have found the way forward, through early financial settlement and regional agreements.

The Maori Commercial Aquaculture Claims Settlement Act does not currently allow for early financial settlement or for regional agreements of the type that the Crown and iwi have negotiated, and that Act needs to be amended. The bill that we have before us tonight will amend the Act and get the settlement assets flowing to iwi. The fair, full, and final settlement of Treaty of Waitangi grievances is a high priority for this Government. I will interpolate and say how delighted I was to be at Te Wai-iti Marae this morning with my parliamentary colleague Mita Ririnui for the signing of the Ngāti Whare deed of settlement. It was a very good day. On Saturday we will be back up in Murupara for the signing of the Ngāti Manawa deed of settlement.

I have written to all remaining iwi around the country in relation to this bill to offer the opportunity for them to have an early financial settlement in their areas. The Ministry of Fisheries, on behalf of the Crown, is currently engaging with those iwi, and there is a possibility that the entire pre-commencement space obligation will be completed well before 2014, which is the date envisaged by the settlement legislation. I note that the iwi of the South Island and Hauraki are willing to lend their support to helping the remaining iwi to accomplish similar settlements to theirs, and I publicly express my thanks to them for their ongoing commitment to this process.

The deed of settlement and this bill epitomise the principle of mahi tahi, which is to work together as one, not only between the Crown and iwi but also between iwi themselves, which is important. It is quite something that all the iwi of the South Island were able to set aside old differences and come together to negotiate a common settlement with the Crown. I particularly acknowledge the initiative of the Te Tau Ihu fisheries forum and its chair, Richard Bradley of Rangītane, during the early stages of the settlement for the South Island. I acknowledge the work of officials from the Ministry of Fisheries and the contribution of the iwi leaders of Te Tau Ihu, Ngāi Tahu, and Hauraki, together with the assistance of Te Ohu Kaimoana and the iwi legal adviser Justine Inns. I particularly thank previous Ministers, including the Hon Parekura Horomia, for their work in seeing the potential to negotiate an early financial settlement across these areas and starting the negotiation process. I also thank the Māori Affairs Committee for the efficient and expeditious manner in which this bill progressed through the select committee, and for the two very useful technical amendments that the committee has recommended. These changes will strengthen the bill and improve its effectiveness and application.

I note the overwhelming support for the deed of settlement and for this bill from iwi, local government, and the aquaculture and seafood industry. I commend the bill, with the technical amendments recommended by the select committee, to the House.