Disputes resolution in sea farming bill faulted

Processes to resolve disputes between Maori groups over the allocation of marine farming rights need to be included in new aquaculture legislation to prevent a repeat of the court battles over fishing quota, a parliamentary committee was told yesterday.

Under the Aquaculture Reform Bill, being considered by Parliament's primary production select committee, the Government intends to provide iwi with 20 per cent of the marine farming space allocated since 1992, and 20 per cent of new space.

Waitangi Fisheries Commission policy analyst Craig Lawson said yesterday that as the bill stood, it did not provide adequate systems for iwi within a region who clashed over the proposed allocation of marine farming space to resolve their dispute without going to court.

Under the bill the commission, which controls Maori fishing assets, will hold the marine farming space until it is directly allocated to iwi.

But Mr Lawson said there were inadequate processes to resolve any disputes.

Such processes were vital to ensure there was no repeat of the 12 years of "scraps" and legal battles between tribes over the allocation of the 1992 fisheries settlement.

The commission proposed that iwi within a region be given a year to work out agreement on the division of assets allocated to them, and that the commission facilitate that process.

The bill should also contain a requirement that if agreement could not be reached, the commission should develop a plan for allocation in consultation with iwi.

Mr Lawson said the bill should include a requirement on regional councils to consult iwi before decisions were made on allocation. This would prevent problems arising later, he said.

Ngai Tahu chairman Mark Solomon, who also made a submission, said there was bad blood between some iwi and the commission over its role in the allocation of fishing quota.

But his iwi supported the proposal as long as the commission's role was set down clearly in the bill.

- NZPA