New Zealand Acts

MAORI FISHERIES ACT 2004

- As at 27 July 2024
- Act 78 of 2004

TABLE OF PROVISIONS

   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
   6A.     Transitional, savings, and related provisions

           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
           Note
   18A.    Interpretation
   18B.    Requirements for recognition of new mandated iwi organisation
   18C.    Requirements relating to constitutional documents of new organisation
   18D.    Proposed transfer date if recognition requirements met
   18E.    Recognition of new mandated iwi organisation and transfer of specified settlement assets
   18F.    Certain effects of recognition of new organisation
   18G.    Remedy if specified settlement assets not transferred
   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 Maori 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 Maori Trust and Te Wai Maori Trustee Limited

   91.     Interpretation
   92.     Establishment of Te Wai Maori Trust
   93.     Trustee of Te Wai Maori Trust
   94.     Purpose of Te Wai Maori Trust
   95.     Functions of Te Wai Maori Trustee Limited
   96.     Contents of trust deed of Te Wai Maori Trust
   97.     Annual plan of Te Wai Maori Trustee Limited
   98.     Distributions of trust income
   99.     Reporting obligations of Te Wai Maori Trustee Limited
   100.    Constitution of Te Wai Maori Trustee Limited
   101.    Criteria for appointment of directors
   102.    Eligibility for office of director
   103.    Payments to Te Wai Maori 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 Maori 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
   138A.   Allocation and transfer of New Zealand units
   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
           Note
   147A.   Recalculation of allocations of deepwater stock
   147B.   Allocation of reduced number of quota shares
   148.    Allocation of freshwater quota
           Note
   148A.   Consequence of altering quota management area
   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 - Miscellaneous

   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 Maori Land Court
   183.    Effect of reference or application etc to Maori 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 provisions

   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
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