Maori Aquaculture Deed of Settlement signed this afternoon

Media Release
Embargo: 4.30pm, 6 May 2009

Iwi and the Crown have formalised an agreement over 'pre-commencement' (1992-2004) aquaculture interests in Te Waipounamu (the South Island) and the Hauraki Gulf, iwi leaders announced today.

The Deed of Settlement, signed at Te Papa today, covers the vast majority of New Zealand's aquaculture development areas including the Marlborough Sounds, Tasman Bay, and Hauraki Gulf along with the rest of the South Island.

It gives effect to a pre-election Agreement in Principle signed in October last year.

At the heart of the agreement is a one-off cash payment of $97 million in full and final settlement of the current Crown obligations for "pre-commencement space" or aquaculture space that was approved between 21 September 1992 and 31 December 2004 under previous marine farming regimes.

The agreement also marks an historical level of cooperation between the iwi of Hauraki, Ngāti Apa ki Te Rā To, Ngāti Koata, Ngāti Kuia, Ngāti Rarua, Ngāi Tahu, Ngāti Tama, Ngāti Toa, Rangitāne and Te Ati Awa (Te Tau Ihu). The iwi have worked together to develop a fair estimate of their entitlements in respect of pre-commencement space and - in the case of Te Waipounamu - to agree how the resulting payment will be shared between them.

Richard Bradley (Rangitāne) said that iwi had been waiting since 2004 for these obligations to be satisfied and that having that happen in 2009 will contribute to regional economies.

"Without this agreement, iwi would have had to wait another five years to receive the financial equivalent. In effect, this agreement brings delivery of that forward by five years, which is good for iwi, good for the aquaculture industry and good for our regional economies.

"The Marlborough and Tasman District Councils and the aquaculture industry, through Aquaculture New Zealand, all recognised us and supported iwi in their calls to government to resolve this matter."

The Māori Commercial Aquaculture Claims Settlement Act obliged the Crown to provide iwi, before 2014, with the equivalent of 20% of existing aquaculture space (called "pre-commencement space") created between 21 September 1992 and 31 December 2004. That equivalent could take the form of a percentage of new aquaculture space, marine farming permits purchased by the Crown for the purpose, or the financial equivalent value. In 2008, there was acknowledgement from the Crown that it would have to pay some kind of financial equivalent in a number of regions.

The Act also provided iwi with 20% of all new aquaculture space created from 1 January 2005. New space will continue to be dealt with under the Act as it arises.

John Morgan, Deputy Chairperson of the Ngāti Rarua Iwi Trust expressed the sentiments shared by all iwi involved in welcoming the Deed signing. "As an Iwi with interests across the northern South Island we see this settlement as bringing our aspirations to own and manage marine farming operations another step closer. We see the benefit for future generations of Ngāti Rarua as well as the wider communities of Te Tau Ihu."

Matiu Rei (Ngāti Toa) acknowledged that the settlement represents the commitment of successive governments to deliver on Treaty settlements.

"While iwi engage with 'the Crown' over Treaty settlements, today's signing serves as a reminder that governments change. Iwi were fortunate in that their calls for early settlement were answered by the former Minister of Fisheries, Rt Hon Jim Anderton, and that foundations put in place by the former government have been built on by the new Minister Hon Phil Heatley and his government. Its often said that Treaty settlements should not be made political footballs and today we have an example of that principle in action."

Harry Mikaere (Hauraki Māori Trust Board) said the agreement was fair and reasonable and that a lot of work had been done on the market value of the iwi entitlements in reaching the figure of $97M.

"The settlement amount represents the value of the space that iwi would have been entitled to if space was available. Many of the iwi parties to the settlement are involved in the aquaculture industry and could not have settled for anything less than fair value. In doing the valuation work we had a great deal of support from Te Ohu Kaimoana (Trustee of the Māori Commercial Aquaculture Trust) and industry leaders.

"With changes to the way aquaculture is managed looking likely, we look forward to continuing to work together on shaping a regime that will unlock the potential of the industry. The industry has set a target of having $1 billion turnover per annum by 2025, we all recognise changes will be necessary in order for that to be realised and, through this settlement, iwi in key regions will be in a position to play their part."

Mark Solomon (Ngāi Tahu) said the combined efforts of the various iwi to progress the agreement were about to pay off. "Our cooperation will lead to longer term benefits for all our people. I'm really proud of the achievement we've made together. We all owe a debt of gratitude to a core group of iwi representatives and advisers who have worked hard to make this settlement a reality for all of us."

He said appropriate amendments would now be made to the Aquaculture Settlement Act. "We trust that - with the support of both former and current governments - Parliament will expedite those amendments so that we can get the funds working for our people."

ENDS

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