protecting maori fisheries assets for future generations

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  • Slide 1
  • Protecting Maori Fisheries Assets for Future Generations
  • Slide 2
  • Presentation to US Fisheries Tour Friday 17 March
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  • Treaty of Waitangi Provisions ARTICLE IIARTICLE IARTICLE III Crown Authority Tino Rangatiratanga Citizenship Rights Powers of Government Status of Maori Individuals Authority of Tribes
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  • 1987Waitangi Tribunal Muriwhenua Legal Basis of Fisheries Settlement There is at least an arguable case that the proposed actions (QMS) were in conflict with the statutory prescription and could have an effect contrary to those rights Their fisheries means their business and activity in fishing, including the places where they fished and their property rights in fishing 1987High Court - Injunction
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  • I am satisfied that there is a strong case that before 1840 Maori had a highly developed and controlled fishery over the whole of the coast of New Zealand, at least where they were living. That was divided into zones under the control and authority of hapu and tribes of the district. Each of these hapu and tribes had the dominion, perhaps the rangatiratanga, over those fisheries. Those fisheries had a commercial element and were not purely recreational or ceremonial or merely for the sustenance of the local dwellers. Nature of Right 1987 High Court Justice Greig
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  • Gifting Customary Fishing Barter Sale Personal use Family use Community use Trade Commercial Q.M.S. Barter Sale Trade Non Commercial Regulations Family use Community use Personal use Gifting Kaitiakitanga
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  • Key Components of the Fisheries Settlement Commercial Quota, Cash and Subsidiaries Customary Use and Management rights Participation Management & Conservation of NZ fisheries Estimated value as at 2005 approximately $750 - $800 million dollars
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  • Key Components of the Aquaculture Settlement 20% of all Marine Farming Space Established from 21 September 1992 and beyond There are no current estimates of the value of these assets at present
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  • Primary Function & roles of Treaty of Waitangi Fisheries Commission Back to Main Protecting the Assets Protecting the Assets Growing the Assets Growing the Assets Growing Capacity Growing Capacity Allocating the Assets Allocating the Assets ToWFC Getting Maori into the ToWFC Getting Maori into the business and activity business and activity of fishing of fishing
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  • Current Value of Fisheries Assets From $275m to $700m without further Government contribution Asset Value
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  • Who To? 57 Iwi (traditional Tribes) agreed 1992-2004 What? Quota shares AFL income shares Cash When? When Iwi have systems (governance arrangements -constitutions, structures and register of members) and agreements between Iwi What Progress? Have transferred some of each Iwis assets to 6 MIO by 30 Sept 2005 Expect to have transferred some of each Iwis assets to 19 MIO by 31 March 2006 Aiming to have transferred some of assets to all Iwi by March 2007 Allocation
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  • The Allocation Model Back to Main
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  • Inshore & Deepwater Continental Shelf 200 metre depth 300 metre depth Fishstocks are classified as: Inshore -less than 300m Deepwater - greater than 300m Models: Base ModelCorporate & TrustAllocate EverythingMix n Match
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  • Managing the centrally retained assets Back to Main
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  • Te Kawai Taumata: The Electoral College
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  • Benefits to Iwi Total Benefits to Iwi$18.0m Multiple Iwi Company Representatives $4.8m Top Six: Ngai Tahu $3.9m Chathams$1.5m Ngati Kahungunu$1.0m Ngati Porou$0.8m Nga Puhi$0.7m Ngati Whatua$0.6m Disputed Quota $1.2m
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  • Lease Rounds Summary 1990 -2000 IwiVolume (1000 mt) %Price paid $M Gross margin $M Ngai Tahu17029.126.338.7 Chathams529.08.711.4 Kahungunu376.39.310.2 Te Tau Ihu244.15.06.5 Ngapuhi315.33.95.5 Ngati Porou244.03.34.9 Ngati Whatua TOTAL 20 358 3.4 60.2 3.0 59.5 3.7 80.9
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  • Who fills the roles now Back to Main Te Ohu Protecting the Assets Te Ohu Protecting the Assets AFL Growing Assets Growing Assets TPW Growing Capacity Growing Capacity Te Ohu Allocating the Assets Te Ohu Allocating the Assets Te Ohu Te Ohu Advance the interests of iwi primarily in fisheries Advance the interests of iwi primarily in fisheries TWM Advance Maori interests in Freshwater Fisheries Advance Maori interests in Freshwater Fisheries 57 Iwi 57 Iwi Growing Assets Growing Assets
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  • Te Ohu as Corporate Trustee Te Ohu Kai Moana Trust (Fisheries Trust) Takutai Trust Maori Commercial Aquaculture Settlement Trust (Aquaculture Trust) Te Ohu Kai Moana Trustee Ltd
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  • Presentation to US Fisheries Tour Friday 17 March
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  • Marine Management Inconsistent Decision Making Customary Provisions Mataitai, Rahui and Taiapure (area management tools) Aquaculture Management Areas Marine Farms Recreational Rights Sub QMA Zoning and TAC re-allocations Marine Reserves special and representative areas (for sustainability or public good?) Coastal Developments Mariners, pipelines, discharge
  • Slide 23
  • What are Iwi/Maori seeking? Protection of existing Treaty settlements, including the Fisheries & Aquaculture Settlements No prejudice to future settlements Recognition of all customary and commercial rights including: Rights to benefit from fishing, marine farming, and other uses of marine resources including development rights Full recognition of the role of Iwi /hapu in management & conservation (kaitiakitanga)
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  • Current Marine Laws Inadequate for Maori Treaty Settlement Interests No clear overarching law Oceans Policy? Unclear: priorities between different uses and values purposes for applying management tools processes to integrate new activities co-ordination between decision-makers Lack of justifiable approaches to address: public good vrs threats and risks to sustainability treatment of property rights costs and effectiveness of measures changing circumstances
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  • The Quota Management System11 Total Allowable Catch (tonnes): set annually by Minister TACC based on ITQ - generate ACE Maori customary fishing Recreational fishing Commercial fishing (TACC) Commercial fishing (TACC)
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  • Fisheries rights Are both communal and individual11 Have spatial rights but not exclusivity note that fish occurrence is not even In perpetuity Can be changed annually for sustainability purposes without compensation Any other changes eg allocative require compensation System is very strongly user pays for mangement and research
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  • Fisheries Act Purpose sustainable utilisation Environmental principles Information principles incl precautionary Decisions taken by Minister but (generally) following consultation No s 32, reviews only on process
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  • Purpose? Risk management approach: Identify, analyse, evaluate risks (what is/not acceptable) Assess the effects of the new activity on existing activities. Then consider: What is the purpose or reason for the new activity? Is it to protect environmental sustainability? Or is it to allocate or reallocate new use rights? Can the effect of the new activity on existing activities be avoided? Can the effect of the new activity on existing activities be remedied or mitigated Assess the costs and benefits: Use the best tool at the least cost on existing users Adaptive management: Establish monitoring and review programme
  • Slide 29
  • A Principled and Consistent Approach In the absence of an Oceans Policy Be clear about the purpose or reason for decisions Apply a risk based adaptive management where sustainability is threatened and Use the best tool for the job at the least cost Apply a consistent principled approach for dealing with the effects of new developments on existing property right and Develop incentives for negotiated solutions that: Avoid (explore other areas where less conflict with existing users) remedy or mitigate (explore conditions to enable activities to co- exist or explore compensation options consistent with the level of displacement)
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  • Undue or Adverse Effects Test Acknowledges the existence of prior users and established property rights Requires consideration of the effects or impacts of new activities on existing rights Determines conditions for decision making about new activities Determines the outcome if effect or impact is undue
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  • Best Method/Least Cost Best Method Establish the extent of the risk(s) associated with any identified threats, acceptability of those risks and consider realistic options Choose the option(s) that would provide the least cost method of satisfactorily reducing any unacceptable risks Least cost means all current and future costs (to both Government and existing users) associated with the establishment, implementation, monitoring and review of the chosen option(s) including any transitional costs.
  • Slide 32
  • Maori Fisheries Who decides/acts Minister overall responsibility Commercial - Iwi and other quota owners Non-commercial - Whanau, hapu, Iw