Iwi Working Group Presentation on the review of the Māori Fisheries Settlement Structures

Iwi Working Group

Presentation on the review of the

Māori Fisheries Settlement Structures

IWI WORKING GROUP

•

Facilitate iwi understanding of the recommendations made

in the review;

•

Analyse the review’s recommendations and their

consequences for the beneficiaries;

•

Seek iwi views on recommendations;

•

Assist in development of Te Ohu Kaimoana’s response (to

MEMBERS OF WORKING GROUP

•

Jamie Tuuta

•

Mark Ngata

•

Hinerangi Raumati

•

Naida Glavish

•

Rob McLeod

•

Craig Ellison

•

Tom McClurg

•

Ngahiwi Tomoana

•

Rangimarie Hunia

History of the Settlement

1989

Interim Settlement between Māori and the Crown

1992

Final Settlement (Deed of Settlement)

2003

He Kawai Amokura (Report to the Minister)

2004

Māori Fisheries Act

EXISTING SETTLEMENT ENTITIES & GOVERNANCE ARRANGEMENTS

Te Ohu Kai Moana Trust

(Fisheries Trust)

Te Ohu Kai Moana Trustee Limited

(Corporate Trustee for both Trusts)

Appoint 3 Directors

Te Wai Māori Trust

Te Wai Māori Trustee Limited

Appoint 1 Member Appoint 5-8 Directors Aotearoa Fisheries Limited Appoint 3 Directors

Te Pūtea Whakatupu Trustee Limited

REVIEW OF THE

MĀORI FISHERIES SETTLEMENT STRUCTURES

•

Committee of Representatives appointed

•

Terms of Reference

•

Appointment of Reviewer, Tim Castle

REVIEW RECOMMENDATIONS OVERVIEW

Te Ohu Kaimoana:

Wind up and distribute assets OR significantly restructure

without AFL shares.

Aotearoa Fisheries Limited:

Transfer shares to iwi and ensure

AFL does not compete with iwi.

Te Pūtea Whakatupu Trust:

Should continue, but owned by RMOs and iwi

(minority interest). Appoint 5 directors with a quorum of 3.

Te Wai Māori Trust:

iwi should appoint 3 directors with quorum of 2.

Restrictions on Sale of Assets:

Retain restrictions on sale of

assets outside of Māori pool; Develop easier trading processes for

iwi wishing to sell/buy.

Chatham Island:

AFL should take steps to cooperate more fully

with Chatham Islands’ iwi.

Aotearoa Fisheries Limited 5-8 Directors

REVIEWER’S PROPOSED STRUCTURES

IWI Representative Māori Organisations Iwi to design governance system including appointing directors and possibly

shareholders council

Fisheries Body

Iwi to decide whether policy body is

required, design governance and funding frameworks Aquaculture Trust Iwi to decide whether aquaculture body

is required, design governance and funding frameworks Te Wai Māori Trust

Te Wai Māori Trustee Limited 3 Directors Iwi to design governance system including appointing directors Te Pūtea Whakatupu Trust Te Pūtea Whakatupu Trustee Limited 5 Directors Up to 6 RMO shareholders and 3-5

iwi shareholder reps

Iwi to establish representative body

and appoint 3-5 iwi reps

IWI WORKING GROUP APPROACH TO

ASSESSING RECOMMENDATIONS

Rangatiratanga • Self-determination: iwi are able to make their own decisions Kotahitanga • Acting collectively for the benefit of all

Durability • Distinct Maori fishing industry/sector that endures – maintains/grow value

• Settlement generates benefits across the generations

• Politically acceptable

Connection • Ensures recognition that customary rights include commercial and non-commercial aspects

• Encouraging alignment between iwi, settlement entities and beneficiaries

• All Maori benefit from the Settlement regardless of whether they affiliate to their iwi Concentration • Making sure individual aspirations don’t undermine collective aspirations (balance

between individual/collective aspirations)

Diversity • Cognisant of differences in and between beneficiaries and responsive to their aspirations

• Respecting and supporting the differences between individual iwi (including size, geography, aspirations, wealth and capability)

Performance (effectiveness and efficiency)

• Effective delivery of benefits at an appropriate cost

• Deliver benefits in a way that is consistent with Maori values

Transparency / Accountability

• Beneficiaries have access to information on entities activities to base decisions on

REVIEW RECOMMENDATIONS

Recommendation 1

Te Ohu Kaimoana

•

wind up Te Ohu Kaimoana (and transfer its assets to iwi), or

•

significantly restructure Te Ohu Kaimoana, without AFL shares, as

the pan-tribal entity to undertake advocacy and policy

development and advice for iwi.

IWG RESPONSE

Recommendation 1

Te Ohu Kaimoana

•

wind up Te Ohu Kaimoana (and transfer its assets to iwi),

Disagree

OR

•

significantly restructure Te Ohu Kaimoana, without AFL shares, as

the pan-tribal entity to undertake advocacy and policy

REVIEW RECOMMENDATIONS

Recommendations 2-7

Aotearoa Fisheries Limited

2. Allocate the voting & income shares held by TOKMTL and as a consequence,

enable iwi (through their AHCs) to appoint AFL’s directors

3. Consider establishing a Shareholders’ Council

4. Special resolutions for major transactions for AFL should require at least a

two thirds majority voting threshold

5. That AFL and iwi find ways to ensure that AFL does not compete with iwi in

the business and activity of commercial fishing

6. There should be rationalisation between Sealord and AFL operations to avoid

them competing with each other

7. That iwi and AFL address the lack of operational experience on the AFL

Board

IWG RESPONSE

Recommendations 2-7

Aotearoa Fisheries Limited

2. Allocate the voting & income shares held by TOKMTL and as a consequence,

enable iwi (through their AHCs) to appoint AFL’s directors –

Agree

3. Consider establishing a Shareholders’ Council

–

Disagree

4. Special resolutions for major transactions for AFL should require at least a

two thirds majority voting threshold

Modify to 75%

5. That AFL and iwi find ways to ensure that AFL does not compete with iwi in

the business and activity of commercial fishing –

Leave to AFL & iwi

6. There should be rationalisation between Sealord and AFL operations to avoid

them competing with each other –

Leave to AFL

7. That iwi and AFL address the lack of operational experience on the AFL

REVIEW RECOMMENDATIONS

Recommendation 8 (a-g

)

Te Pūtea Whakatupu Trust

a. TPWT should continue

b. a statutory corporate trustee should be appointed to manage the Trust, called Te Pūtea Whakatupu Trustee Ltd (TPWTL)

c. the trustee company should not be owned by TOKMTL but by at least FOMA, NZMC, Māori Women’s Welfare League and NUMA (allowing for others of the schedule 5 entities) and a representative body for iwi

d. the schedule 5 organisations who wish to participate should each have one share in TPWTL with no distribution rights and that those shares be held by the boards of those

organisations;

e. iwi should design a representative body to hold between three and five shares in TPWTL also without distribution rights

f. these organisations by a majority vote should appoint five directors of TPWTL who must each have knowledge of and are able to represent the interests of Māori who reside in

urban areas of NZ and otherwise have skills, knowledge and experience directly relevant to urban Māori

IWG RESPONSE

Recommendation 8 (a-g

)

Te Pūtea Whakatupu Trust

a. TPWT should continue Agree

b. a statutory corporate trustee should be appointed to manage the Trust,

called Te Pūtea Whakatupu Trustee Ltd (TPWTL) Not necessary

c. the trustee company should not be owned by TOKMTL but by at least FOMA, NZMC, Māori Women’s Welfare League and NUMA (allowing for others of the schedule 5 entities) and a

representative body for iwi Disagree

d. the schedule 5 organisations who wish to participate should each have one share in TPWTL with no distribution rights and that those shares be held by the boards of those

organisations; Disagree

e. iwi should design a representative body to hold between three and five shares in TPWTL

also without distribution rights Disagree

f. these organisations by a majority vote should appoint five directors of TPWTL who must each have knowledge of and are able to represent the interests of Māori who reside in

urban areas of NZ and otherwise have skills, knowledge and experience directly relevant to

urban Māori Disagree

IWG RESPONSE

Recommendation 8 (a-g

)

Te Pūtea Whakatupu Trust

•

New pan-Iwi entity

should appoint

up to five

directors with a

majority

quorum

•

Directors appointed on merit

REVIEW RECOMMENDATION

Recommendation 9

Te Wai Māori Trust

IWG RESPONSE

Recommendation 9

Te Wai Māori Trust

•

New pan-Iwi entity

should appoint

up to five

directors with a

REVIEW RECOMMENDATION

Recommendation 10

Restrictions on asset sales

•

Retain restrictions on asset sales outside the Māori pool

•

Develop easier trading processes for iwi wishing to sell their

fisheries assets (in part or in whole) to willing buyers within the

Māori pool.

IWG RESPONSE

Recommendation 10

Restrictions on asset sales

•

Retain restrictions on asset sales outside the Māori pool

Agree

•

Develop easier trading processes for iwi wishing to sell their

fisheries assets (in part or in whole) to willing buyers within the

Māori pool –

Agree

AHC need approval of MIO prior to sale of quota, ACE sales

threshold increase from 5 to 15 years.

REVIEW RECOMMENDATIONS

Recommendations 11-14

The Chatham Islands: the continuing special case

11. That AFL should take special steps to cooperate more fully with the Chathams iwi. 12. That AFL establish and fund a dedicated AFL/Chatham iwi taskforce to cooperatively

address options for solutions to the competition between AFL and Chathams iwi and all other Maori fisheries issues arising on the Chathams.

13. That AFL engage with Chatham iwi and the island communities on health and safety issues associated with AFL fishing factories and facilities.

14. In the longer term, that a permanent Chatham iwi/AFL Fisheries Roopu be established to actively engage in the development of iwi (collective and individual) interests in fisheries, fishing and fisheries-related activities on the Chathams in a manner which can yield to AFL and the people of the Chathams continuing and meaningful benefit.

IWG RESPONSE

Recommendations 11-14

The Chatham Islands: the continuing special case –

leave to AFL to resolve with Chathams’ iwi

11. That AFL should take special steps to cooperate more fully with the Chathams iwi.

12. That AFL establish and fund a dedicated AFL/Chatham iwi taskforce to cooperatively address options for solutions to the competition between AFL and Chathams iwi and all other Maori fisheries issues arising on the Chathams.

13. That AFL engage with Chatham iwi and the island communities on health and safety issues associated with AFL fishing factories and facilities.

14. In the longer term, that a permanent Chatham iwi/AFL Fisheries Roopu be established to actively engage in the development of iwi (collective and individual) interests in fisheries, fishing and fisheries-related activities on the Chathams in a manner which can yield to AFL and the people of the Chathams continuing and meaningful benefit.

Aotearoa Fisheries Limited 5-8 Directors

REVIEWER’S PROPOSED STRUCTURES

IWI Representative Māori Organisations Iwi to design governance system including appointing directors and possibly

shareholders council

Fisheries Body

Iwi to decide whether policy body is

required, design governance and funding frameworks Aquaculture Trust Iwi to decide whether aquaculture body

is required, design governance and funding frameworks Te Wai Māori Trust

Te Wai Māori Trustee Limited 3 Directors Iwi to design governance system including appointing directors Te Pūtea Whakatupu Trust Te Pūtea Whakatupu Trustee Limited 5 Directors Up to 6 RMO shareholders and 3-5

iwi shareholder reps

Iwi to establish representative body

and appoint 3-5 iwi reps

Aotearoa Fisheries Limited

5-8 Directors

Aquaculture Trust

IWI WORKING GROUP “STRAW TANGATA”

IWI AHCs vote by shares Fisheries Trust, incorporating Te Pūtea Whakatupu and Te Wai Māori purposes, functions, etc

MIOs have 1 vote

each

EXISTING SETTLEMENT ENTITIES & GOVERNANCE ARRANGEMENTS

Te Ohu Kai Moana Trust

(Fisheries Trust)

Te Ohu Kai Moana Trustee Limited

(Corporate Trustee for both Trusts)

Appoint 3 Directors

Te Wai Māori Trust

Te Wai Māori Trustee Limited

Appoint 1 Member Appoint 5-8 Directors Aotearoa Fisheries Limited Appoint 3 Directors

Te Pūtea Whakatupu Trustee Limited

IWG PROPOSED SETTLEMENT ENTITIES & GOVERNANCE ARRANGEMENTS

Te Wai Māori Trust

Te Wai Māori Trustee Limited

Aotearoa Fisheries Limited

Appoint up to 5 Directors

Te Pūtea Whakatupu Trustee Limited

Te Pūtea Whakatupu Trust

MIOs have 1 vote each AHCs vote by shares

REVIEW TIMELINE

1st _{meeting of IWG 16 March 2015}

Hui with iwi 20 April till 1 May Entities 40 day report 6 May 2015

Further meeting with MIOs & AHCs 22 May 2015 Special General Meeting 4 June 2015

Note – each iwi has only 1 mandated MIO rep who can vote on its behalf at SGM

Recommendations only approved if more than 75% of MIOs (that represent more than 50% of population) vote ‘YES’

Iwi Working Group

Presentation on the review of the

Māori Fisheries Settlement Structures