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Maori Commercial Aquaculture Claims Settlement (Regional Agreements) Amendment Bill (Consistent) [2009] NZBORARp 20 (22 April 2009)

Last Updated: 28 April 2020

MAORI COMMERCIAL AQUACULTURE CLAIMS SETTLEMENT (REGIONAL AGREEMENTS) AMENDMENT BILL

MAORI COMMERCIAL AQUACULTURE CLAIMS SETTLEMENT (REGIONAL AGREEMENTS) AMENDMENT BILL

22 April 2009

Attorney-General

LEGAL ADVICE

CONSISTENCY WITH THE NEW ZEALAND BILL OF RIGHTS ACT 1990:

MAORI COMMERCIAL AQUACULTURE CLAIMS SETTLEMENT (REGIONAL AGREEMENTS) AMENDMENT BILL

1. We have considered whether the Maori Commercial Aquaculture Claims Settlement (Regional Agreements) Amendment Bill (PCO 13542/5.1) (the ‘Bill’) is consistent with the New Zealand Bill of Rights Act 1990 (‘Bill of Rights Act’). We understand the Bill is likely to be considered by the Cabinet Legislative Committee at its meeting on Thursday, 30 April 2009.

2. The Bill amends the Maori Commercial Aquaculture Claims Settlement Act 2004 (the

‘Act’).

3. The Bill will provide the Crown with an additional way of complying with its obligation under section 22(1) of the Act in respect of pre-commencement space. The Act established an obligation by the Crown to provide iwi with the equivalent of 20% of the aquaculture space created between 21 September 1992 and 1 January 2005; this is the ‘pre- commencement space’ under the Act. One option for complying with this obligation under the Act is for the Crown to make a financial equivalent payment after 1 January 2013. The Bill will allow the Crown to comply with its obligation earlier than provided for in the Act by entering into regional agreements with iwi aquaculture organisations or iwi organisations.

4. In 2004, the Act was considered for Bill of Rights Act issues as part of the Aquaculture Reform Bill. The Bill of Rights Act vet of the Act raised prima facie discrimination issues. The prima facie discriminatory provisions were found to be justified.

5. The present Bill does not raise any new distinction or disadvantage and only allows for regional agreements and early settlement of the obligations under the Act.

6. We have therefore concluded that the Bill appears to be consistent with the rights and freedoms affirmed in the Bill of Rights Act.

Jeff Orr

Chief Legal Counsel

Office of Legal Counsel

Helen Wyn General Manager Public Law

In addition to the general disclaimer for all documents on this website, please note the following: This advice was prepared to assist the Attorney-General to determine whether a report should be made to Parliament under s 7 of the New Zealand Bill of Rights Act 1990 in relation to the Maori Commercial Aquaculture Claims Settlement (Regional Agreements) Amendment Bill. It should not be used or acted upon for any other purpose. The advice does no more than assess whether the Bill complies with the minimum guarantees contained in the New Zealand Bill of Rights Act. The release of this advice should not be taken to indicate that the Attorney-General agrees with all aspects of it, nor does its release constitute a general waiver of legal professional privilege in respect of this or any other matter. Whilst care has been taken to ensure that this document is an accurate reproduction of the advice provided to the Attorney-General, neither the Ministry of Justice nor the Crown Law Office accepts any liability for any errors or omissions.