We are Te Ohu Kaimoana

7. Te Ohu Kaimoana Trustee Limited (Te Ohu Kaimoana) is the trustee of two trusts: i. Te Ohu Kai Moana (establishedunder the Maori FisheriesAct 2004), and ii. Māori Commercial Aquaculture Settlement Trust (established through the Māori Commercial Aquaculture Claims Settlement Act 2004 (MCASCA)).

8. The purpose of Te Ohu Kai Moana is to“advance the interests of iwi, individually and collectively, primarilyin the development of fisheries, fishing and fisheries-related activities, in order to: a) ultimatelybenefit the members of Iwi and Māori generally b) further the agreementsmade in the Deed of Settlement c) assist the Crown to discharge its obligations under the Deed of Settlement and the Treaty of Waitangi d) contribute to the achievement of an enduring settlement of the claims and grievances referred to in the Deed of Settlement.”2

9. Both settlements are expressions of the Crown’s obligation to uphold Te Tiriti o Waitangi, particularly the guarantee that Māori would maintain tino rangatiratanga over their fisheries resources (commercial and non-commercial).

10. We work on behalf of 58 MIOs and IAOs who in turn represent iwi, and through them, all Māori throughout Aotearoa. Our work on behalf of Iwi is not only to protect their rights and interests but to enable them to progress their aspirations within the moana.

11. The Fisheries Settlement provided the 58 iwi collectively (through the Treaty of Waitangi Fisheries Commission) with 10% of quota for all fisheries introduced into the Quota Management System (QMS) in 1986 and 20% of quota in all fisheries introducedinto the QMS after the Deed of Settlement (21 September 1992), along with money to buy a half share of Sealord Limited and cash. Those assets were held and managed by the Commission until Iwi agreedon the allocation rules and mechanisms for transfer of those settlement assets in 2004. These were included in the Maori Fisheries Act 2004.

12. The Māori Aquaculture Settlement Trust was established primarily to assist the Crown and iwi to reach agreement on the amount of aquaculture settlement assets and enable these to be provided to iwi at a regional level to satisfy the Crown’s obligations under MCASCA As part of this, the Trust receives and holds settlement assets from the Crown, assists iwi in regions to reach agreement on the allocation of the settlement assets, before finally transferring the assets to iwi in accordance with the allocation agreement.

2 Section 32 of the Maori Fisheries Act 2004

13. When the MCASCA was introduced in 2004 the Government stated that “aquaculture was the unfinished business of the Treaty Settlement.” 3 MCASCA establishes that the Crown obligations are to provide iwi regionally with 20% of all anticipated space for aquaculture (or its equivalent in cash) since the signing of the Fisheries Settlement. There have now been 3 phases in how those obligations are delivered to iwi, with the regime post 1 October 2011 being based on forecast development (with reconciliation processes) – making it the only prospective Treaty settlement. At a regional level, iwi are able to choose the form of the assets – authorisations for space, cash equivalent or a combination – to satisfy the Crown obligations.

14. Asset Holding Companies (AHCs) were established to hold Māori Fisheries Settlement Assets and Aquaculture Settlement assets on behalf of MIOs and IAOs. Those assets include individual iwi aquaculture settlement authorisations, Individual Transferable Quota (ITQ) shares, and income sharesinAotearoa FisheriesLimited(tradingasMoanaNew Zealand), whoalsoowns50% of Sealord Group Limited. The use of all these assets will be affected by decisions taken under the proposed bills.

15. MIOs have approved the Māori Fisheries Strategy and three-year strategic plan, which has as its goal “that MIOs collectively lead the development of Aotearoa’s marine and environmental policy affecting fisheries management through Te Ohu Kaimoana as their mandated agent ” We play a key role in assisting MIOs to achieve that goal.

Te Ohu Kaimoana’s interest in the reform

16. Our interest arises from our responsibility to protect the rights and interests of iwi in fisheries and aquaculture in a manner that furthers the agreements in the Deed of Settlement and assists the Crown to discharge its obligations under the Deed and Te Tiriti o Waitangi.

17. Te Tiriti o Waitangi (Te Tiriti) guaranteed Māori tino rangatiratanga over their taonga, including fisheries. Tino rangatiratanga is Māori acting with authority and independence over their own affairs. It is practiced through living according to tikanga and mātauranga Māori, and striving whereverpossible to ensure that the homes, land, and resources (including fisheries) guaranteed to Māori under Te Tiriti o Waitangi are protected for the use and enjoyment of future generations. This view endures today and is embodied within our framework and guiding principle Te Hā o Tangaroa kia ora ai tāua.

18. ‘Te Hā o Tangaroa kia ora ai tāua’ expresses the special relationship that iwi, hapū and whānau have with the aquatic environment, including speaking to the interdependent relationship with Tangaroa to ensure their health and well-being. This expression underpins our purpose, policy principles and leads our kōrero to ensure the sustainability of Tangaroa’s kete for today and our mokopuna yet to come.4 It is important that the Government understands the continuing importance of Tangaroa and recognises the tuhonotanga that Māori hold as his uri. In a contemporary context, the Māori Fisheries and Aquaculture Settlements are expressions of this interdependentrelationship.

3 Scoop Media, Minister for Fisheries Hon Benson Pope, 26 July 2005

4 Further information on Te Hā o Tangaroa kia ora ai tāua can be found at Appendix 2.

19. Iwi/ hapū rights are an extension of their kaitiaki responsibility, a responsibility to use the resources in a way that provides for social, cultural and economic well-being, and in a way that is not to the detriment of Tangaroa or other children of Tangaroa. It speaks to striking an appropriate balance betweenpeopleandthose we share the environment with.Management and protection of fisheries, freshwater and marine aquaculture resources are some elements of this reciprocal relationship.

20. For Te Ohu Kaimoana, our key concern throughout this reform process is to ensure that the new resource management system protects and upholds the commitments made by the Crown to Iwi in the Māori Fisheries and Aquaculture Settlements, as well as the over-arching commitments set out in Te Tiriti o Waitangi.

21. The obligations under Te Tiriti o Waitangi apply to the Crown generally, whether there is an explicit reference to the Treaty in the governing statute, in this case the Fisheries Act 1996. Of particular note are the comments in the Barton-Prescott case, that “since the Treaty of Waitangi was designed to have general application, that general application must colour all matters to which it has relevance, whether public or private and…whether or not there is a reference to the treaty in the statute.”5