Te Ohu Kaimoana

Te Ohu Kaimoana
Alexrk · CC BY-SA 3.0 · source
Name	Te Ohu Kaimoana
Formation	2004
Type	Crown entity
Purpose	Fisheries settlement implementation
Headquarters	Wellington, New Zealand
Region served	New Zealand
Leader title	Chair
Leader name	Matiu Rata

Te Ohu Kaimoana is the Māori fisheries trust established to implement the Sealord deal and administer settlement assets from the Marine and Coastal Area (Takutai Moana) Act. It operates within frameworks set by the Ngāi Tahu Claim Settlement Act 1998 context, the Fisheries Act 1996, and the Treaty of Waitangi settlement processes, interacting with iwi, hapū, and entities such as Aotearoa Fisheries Limited, Maori Commercial Aquaculture Claims Settlement Act 2004, and the Waitangi Tribunal. The organisation works across statutory, commercial, and customary domains involving parties including Minister of Fisheries (New Zealand), New Zealand Māori Council, and regional bodies like Ngāti Porou, Ngāpuhi, and Ngāti Kahungunu.

History and Establishment

Te Ohu Kaimoana was established in the wake of negotiations that included the Sealord purchase and the Fisheries Deed of Settlement 1992, following claims lodged with the Waitangi Tribunal and discussions involving the Office of Treaty Settlements and the Privy Council-era jurisprudence. Early actors included negotiators associated with Māori Fisheries Commission, leaders linked to Winston Peters, Helen Clark, and contemporary iwi authorities such as Ngāti Whātua and Waikato-Tainui. The entity’s creation was shaped by precedents like the Ngāi Tahu Claims Settlement Act 1998, the role of Māori Land Court, and landmark rulings in the Court of Appeal of New Zealand that interpreted Māori customary rights under the Fisheries Act 1983 and later amendments.

Mandate and Functions

The organisation’s mandate stems from instruments such as the Deed of Settlement (Fisheries) 1992 and subsequent statutes, tasked with safeguarding assets for mandated iwi beneficiaries including Te Arawa, Tūhoe, Ngāti Toa, Ngāti Raukawa, and many other mandated iwi authorities. Core functions include asset management in partnership with entities like Sealord Group Limited, stewardship responsibilities influenced by the Resource Management Act 1991 for marine interests, negotiation roles akin to those performed by the Ministry for Primary Industries (New Zealand), and advocacy in forums such as the High Court of New Zealand and the Supreme Court of New Zealand over quota and customary access. It also liaises with international bodies like the United Nations forums on indigenous fisheries and regional agencies such as the Pacific Islands Forum.

Governance and Structure

Governance arrangements replicate models seen in entities like Nga Kaihautu Tikanga Taiao and feature representatives from mandated iwi authorities including Ngāti Maniapoto, Ngāti Kahungunu ki Heretaunga, and Te Atiawa. The board model draws parallels with structures in Fonterra Co-operative Group Limited and reporting relationships to ministers reflect precedents set by the State-Owned Enterprises Act 1986 for accountability. Oversight mechanisms include audit and performance review frameworks similar to those used by the Controller and Auditor-General (New Zealand), dispute resolution pathways involving the Waitangi Tribunal, and stakeholder engagement comparable to iwi governance used by Tainui Group Holdings Limited.

Fisheries Settlement and Treaty Obligations

The fisheries settlement components were negotiated alongside instruments such as the Maori Fisheries Act 2004 and the Fisheries Settlement (Repeals and Amendments) Act 2004, with obligations referencing the Te Tiriti o Waitangi principles adjudicated through the Waitangi Tribunal and enforced in courts including the High Court of New Zealand and the Court of Appeal of New Zealand. The settlement established quota allocation mechanisms related to QMS (Quota Management System) frameworks and required coordination with regulatory bodies like the Ministry for Primary Industries (New Zealand) and the Department of Conservation (New Zealand) concerning customary fishing rights and sustainability measures embodied in the Harbour Acts and coastal management under the Resource Management Act 1991.

Programmes and Initiatives

Programmes administered or supported have included capacity-building initiatives modeled on projects from Te Puni Kōkiri, commercial ventures with partners such as Sealord Group Limited and Sanford Limited, and customary fisheries protection projects in collaboration with iwi including Ngāi Tahu and Whanganui River Iwi. Initiatives have spanned allocation of settlement assets to tribal trusts like Ngāi Te Rangi, education programmes akin to those by University of Otago marine science departments, and research funding partnerships with institutions such as Victoria University of Wellington and the National Institute of Water and Atmospheric Research (NIWA). Conservation projects have drawn on co-management models used in Rotorua Lakes Council arrangements and international indigenous resource frameworks like those from the United Nations Declaration on the Rights of Indigenous Peoples.

Controversies and Legal Challenges

Controversies have arisen involving disputes over mandate interpretation similar to conflicts seen with Ngāti Mutunga and governance disputes comparable to cases involving Auckland Council and iwi. Legal challenges have proceeded through the High Court of New Zealand, the Court of Appeal of New Zealand, and matters reported to the Waitangi Tribunal, often concerning allocation of benefits to mandated iwi authorities, transparency issues highlighted by parties like the New Zealand Māori Council, and commercial decision-making questioned in contexts reminiscent of litigation involving Fonterra and Air New Zealand. Debates over customary fishing rights have intersected with statutory reforms including amendments to the Fisheries Act 1996 and policy shifts under ministers from cabinets of Jacinda Ardern and John Key.

Impact and Outcomes on Māori Fisheries

Outcomes include redistribution of quota assets across mandated iwi resembling settlement outcomes for Ngāi Tahu and economic development impacts similar to those achieved by Tainui Group Holdings Limited, measurable through commercial partnerships with companies such as Sanford Limited and Sealord Group Limited. Social and cultural impacts have been assessed in reports by agencies like Te Puni Kōkiri and the Waitangi Tribunal, with academic analyses from scholars at University of Auckland and Massey University examining efficacy, customary access, and inter-iwi equity. The organisation's role continues to influence policy discussions involving the Ministry for Primary Industries (New Zealand), the New Zealand Parliament, and regional iwi authorities including Ngāti Kahungunu, Ngāpuhi, and Ngāti Porou about stewardship, commercial returns, and revitalisation of customary fishing practices.

Category:Māori organisations