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Yesterday the government has introduced omnibus legislation to amend four Acts affecting Maori.

 

The Maori Purposes Bill will amend the Te Ture Whenua Maori Act 1993, the Treaty of Waitangi Act 1975, the Maori Fisheries Act 2004 and the Maori Commercial Aquaculture Claims

Settlement Act 2004.

 

After its passing, the Bill will be broken into separate Acts.

 

The main changes are –

 

Treaty of Waitangi Act 1975

 

• Specifies a closing date of 1 September 2008 for new historical Treaty claims to be submitted to the Waitangi Tribunal and includes other amendments required to provide for or clarify this change in the scope of the Tribunal's jurisdiction.
  

However, the provision does not prevent a historical claim submitted on or before 1 September 2008 from being amended in any way after 1 September 2008.

• Provides a definition of “historical Treaty claim” to encompass claims relating to events occurring before 21 September 1992. It is intended to provide certainty to the Tribunal and to claimants about what constitutes a historical Treaty claim.
  

The government argues that the amendments will, after 1 September 2008, give Maori, the Tribunal, and the general public certainty about the number of historical claims about which the Tribunal is to investigate.

 

Te Ture Whenua Maori Act 1993

 

• The maximum number of judges of the Maori Land Court is raised from 8 to 14.
  

• Clarification of the procedure and discretion of the Maori Land Court in relation to its special jurisdiction under the Maori Fisheries Act 2004 and the Maori Commercial Aquaculture Claims Settlement Act 2004.
  

• Validation of the past exercise by the Deputy Chief Judge of certain powers of the Chief Judge, which protects the legal force of decisions made by the Deputy Chief Judge in the exercise of those powers and gives certainty as to the rights of persons affected by the decisions.
  

• Provides for the Chief Judge's duties to be carried out by the Deputy Chief Judge.
  

• Validates the actions of former Deputy Chief Judge, Judge Norman F Smith, in purporting to exercise jurisdiction as an acting Judge outside the period of a valid warrant.

 

Maori Fisheries Act 2004

 

• Clause 22 inserts a new heading and new sections 147A and 147B.
  

• These sections provide prospectively for the adjustment of the recorded number of quota shares if there is a reduction in the number available through the application of section 23(1) of the Fisheries Act 1996 in respect of accrued interests arising under section 28N of the Fisheries Act 1983.
  

• New section 147A applies to deepwater quota already allocated under section 141 or section 142 of the Maori Fisheries Act 2004 but yet to be transferred to iwi.
  

• New section 147B has the effect of amending Schedule 1 of the Maori Fisheries Act 2004 if the specified circumstance arises.
  

• Clause 23 amends Part 1 of Schedule 1 in respect of 7 stocks, the holdings of which have been reduced since the commencement of the Act by the application of section 23(1) of the Fisheries Act 1996. The amendments show the revised number of quota shares available for allocation for each of the affected stocks.
  

• Clause 24 amends Schedule 6 as follows:

1. it amends clause 4 to clarify that the process for making interim claims does not apply to claims for harbour quota;
   
   
2. it inserts new clause 10A to provide that Te Ohu Kai Moana Trustee Limited must determine coastline entitlements for harbour quota in accordance with the prescribed method, basing allocation on the proportion of harbour quota agreed by the relevant iwi;
   
   
3. it amends the heading to clause 11 to clarify that clause 11 does not apply to the determination of coastline entitlements for harbour quota;
   
   
4. it inserts new clause 11A to provide that in certain circumstances Te Ohu Kai Moana Trustee Limited must recalculate the iwi entitlement to quota shares for a stock and register that adjusted entitlement.
   
   
5. Clause 25 validates any applications made under section 157 by Te Ohu Kai Moana Trustee Limited before the commencement of the Bill, and any registration effected by the chief executive under section 152A of the Fisheries Act 1996 before the commencement of the Bill. Such actions must be treated as having been made or effected in compliance with the reduced number of quota shares provided for by the amendments made to Schedule 1 by clause 24.

 

Maori Commercial Aquaculture Claims Settlement Act 2004

 

• Clause 27 amends section 20 by restricting the definition of pre-commencement space to include areas subject to permits for exclusive occupation of space for aquaculture activities, including spat gathering, but to exclude areas subject to permits for free-gathering of spat.

 

By David Nicholson

Email: davidn@insidewelly.co.nz

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