In 2005-6 a working party worked with TOKM to establish a fisheries settlement trust to deal with commercial fisheries assets held by Te Ohu Kaimoana. Those resources were in relation to the established population at Te Upoko o Te Ika based on the 2001 national census and shares in Aotearoa Fisheries limited. Quota related to coastline was to be allocated later. The first step was the formation of a Recognized Iwi Organisation (RIO) as a step to establish a MIO (Mandated Iwi Organisation) in 2006.

The initial Trust Deed was dated 22 March 2006, with the initial trustees:

• Anania Wiremu Randall
• Te Rira Puketapu
• Neville McClutchie Baker
• William Charles Nathan
• Ralph Ngatata Heberley Love
• John Atiawa Warren
• Morris Te Whiti Love
• Wayne Thomas Mulligan

These three marae’s memberships would be used to elect marae representatives (3 for each marae) on the basis of one marae voting each year meaning Trustees had a term of 3 years except in the initial years.

This register was independent of any existing marae register or the register for the to be established Port Nicholson Block Settlement Trust.

Membership was on the basis of individuals registering and nominating their primary (constituent) marae.

The Trust deed required all of the initial trustees listed in the Deed to face election within 3 years.

The Trust started operation after the first part of the fisheries allocation at the end of March 2006. The Trust sought approval, and received from the IRD, to have a balance date of 30 September each year.

This approval meant that the operation year of the Trust and the Asset Holding Company will run from 1 October to 30 September of the next year to align with the ‘fishing year’. The Annual General Meetings (AGM) will be held early each calendar year. Special general meetings may be called from time to time if required or if requested. Each year one Marae Hui will be held to elect Trustee representatives for that marae. The cycle of Marae hui will happen every 3 years. Te Tatau o te Pō would hold their Marae hui in 2008, Waiwhetū in 2009 and Pipitea in 2010 and so on.

The achievement of establishing a mandated iwi organisation under the Maori Fisheries Act 2004 (the Act) was completed efficiently and effectively by 31 March 2006.

This required the initial trustees to complete all the requirements of the Act and to work with Te Ohu Kaimoana (TOKM) to achieve the first step in the settlement of the Maori Fisheries Treaty claims started in the 1980’s.

The first step in the fisheries allocation process was to establish an interim Trust to receive the assets and to set up a Company to hold the Assets – Atiawa nui tonu Fisheries Limited (the Company).

What was transferred is what is called the ‘population quota’ which is largely made up of deepwater species such as Hoki, Orange Roughy, southern blue whiting and the like. The amount of quota received was based on our population calculated from the 2001 national census. Along with the quota came some shares in Aotearoa Fisheries Limited which at that time did not generate income, however they would earn income after October 2009.

There was also some cash allocated related to a range of payments that had been held in Trust by TOKM. These assets are held and managed by the Company. The quota is leased to fishers, along with the unallocated quota which is leased to the Company as an Annual Catch Entitlement (ACE).

 “However, the evidence of Mr Love shows that Te Āti Awa established and maintained settlements along the entire coastline in issue from Koangaaumu in the north to Tarakena at the western head of the Wellington harbour. Te Āti Awa also had settlements to the east of the entrance to the harbour as far as Turikirae Point. They are not directly relevant for present purposes while confirming Te Āti Awa’s ubiquitous presence in the Cook Strait area. It is not disputed that Te Āti Awa has maintained a presence on the southwest coast continuously since 1825, albeit diminished as the effects of European colonisation took its toll. Its wider presence in the Wellington region has included establishing and maintaining marae and urupā and its kaitiaki role in relation to sites of cultural significance and natural resources. Te Āti Awa has engaged in fishing for subsistence and then commercially since 1825. Island Bay became the focus of commercial fishing. Mr Love said Te Āti Awa supported Scottish and Italian immigrant fishers to find the best fishing grounds. There is ample support for the Waitangi Tribunal finding:"... that Te Āti Awa’s ahi ka rights are well-established.

Te Āti Awa created their own ahi ka rights once Ngāti Mutunga had departed for the Chatham Islands in 1835 and such rights of Te Āti Awa have been reinforced by their continued occupation ever since.

Te Āti Awa also participated in the general take raupatu as it existed at 1840 through participation in the conquest of Te Whanganui a Tara and environs. Te Āti Awa were involved in the conquest of parts of the wider area of Te Upoko o te Ika, and also in parts of the Port Nicholson block. Te Āti Awa has put its case on two different bases. Mr Love suggested an 80/20 division in Te Āti Awa’s favour. That reflects the 62.4 kilometres of the coastline (of 77.4 kms in total) that is claimed exclusively by Te Āti Awa.

In closing submissions, Mr Puketapu explained that Te Āti Awa have conceded as an “exclusive gift” to Ngāti Toa the eight kilometres of coastline from Pipinui Point to Koangaaumu and is also willing to “share” the six kilometres of coastline between Pipinui Point and Ohariu on the Wellington report basis that Ngāti Toa fished at Ohariu while visiting their Te Āti Awa whanaunga.

Having regard to the uncertainty and conjecture affecting much of the evidence, I consider that an equal division would be the appropriate outcome unless the merits plainly require otherwise. After careful reflection I have, however, concluded that the merits do require an unequal division, and one which favours Te Āti Awa.”

In the Settlement, the Crown recognised the full extent of Maori customary rights to fishing and fisheries by:

1. providing funds for Māori to buy a 50 percent stake in Sealord Products Limited (now Sealord Group Limited) which, as one of the largest fishing companies in New Zealand at the time, was a major owner of fisheries quota;
2.  undertaking to provide Māori with 20 percent of commercial fishing quota for all new species brought within the QMS,
3. undertaking to ensure the appointment of Māori on statutory fisheries bodies, and
4. agreeing to make regulations to allow self-management of Māori fishing for communal subsistence and cultural purposes.

In return, Māori agreed:

1. that all Māori commercial fishing rights and interests were settled;
2. to accept regulations for customary fishing; 
3. to cease litigation, and 
4. to endorse the QMS.

Aotearoa Fisheries Limited (AFL) is the largest Māori-owned fisheries company in New Zealand and aims to maximise the value of Māori fisheries assets, including those of Te Āti Awa.

Moana NZ was originally Aotearoa Fisheries Limited, which took ownership of a number of Māori-owned fishing companies in 2004 through the allocation of the Māori Fisheries Settlement assets and the passing of the Māori Fisheries Act.

Moana NZ owns in trust on behalf of iwi the 50 percent shareholding in Sealord Group Limited. The other 50 percent shareholding is owned by Japanese seafood company, Nippon Suisan Kaisha, Limited.

Around half of all iwi’s quota has been placed with AFL – Moana NZ and from October 2010 onwards a dividend is paid to iwi on the basis of their shareholding in the Company. The basis of payment is the net profit after tax (NPAT) which for 2010 was $22.8 M with the dividend being 40% of the NPAT or $7.6 M. In 2011 the annual profit was $18.9 M with payment to iwi of $9.1 M or $72.81 per share.

Atiawa Nui Tonu Fisheries Limited holds 259 shares for the Trust and received $15,639 for 2010. For the 2011 year after payment of Māori Authorities Tax of $18,859 at the rate of $72.81 per share.

Atiawa Nui Tonu Fisheries provides the Trust with its income as well as providing an annual koha to the three primary marae of Pipitea, Te Tatau o te Pō and Waiwhetū.

The income comes from the leasing of Annual Catch entitlement (ACE) on the long list of quota shares held by the Company. Those quota shares were from those initially received (population quota), inshore or coastline quota and quota share purchased by the Company over time from proceeds of the quota leases.

This is in addition to monies received at settlement and annually from AFL – Moana NZ. One commercial relationship has been significant for the Company over the years and that is with the Japanese fishing company, Maruha Nichiro.

Iwi of a region will receive via the Takutai Trust:

• 20 percent of all aquaculture space newly created after 1 January 2005 
• The equivalent of 20% of existing aquaculture space that was created between 21  September 1992 and 31 December 2004 under the ‘old’ aquaculture legislation

[Note there are probably no areas that are included in this part of the region] Aquaculture Management Areas (AMAs)

• Change from a case-by-case to a planned approach to aquaculture development 
• AMAs established by Councils via Coastal Plan – process includes consultation and right of appeal space within AMAs tendered for marine farming   Authorisations to apply to occupy space able to be issued for maximum   period of 35 years.

The result of this settlement was some minor compensation. Over the years there was little or no growth in aquaculture in the takiwā.

An important part of the roles of Te Ātiawa ki te Upoko o Te Ika a Māui Pōtiki Trust is the management of customary fisheries in the Takiwā. This is achieved through the role of tangata kaitiaki appointed by the Minister of Fisheries and are able to issue customary fishing permits to iwi members to take kaimoana for hui, tangi or other customary events.

The Trust also has other roles in maintaining fisheries including environmental management. The role in Marine and Coastal Area (foreshore and seabed) claims is dealt with elsewhere.

Customary Fisheries Permits

The Fisheries (Amateur Fishing) Regulations 1986 and others provide the legislative framework to manage customary fishing. Regulation 27A provides for the taking of fish for the purpose of a hui or tangi.

There are a number of permit books in the takiwā held by a representative from each of the Marae (tangata kaitiaki and tangata tiaki are appointed by the Minister of Fisheries).

These are areas for customary non-commercial use (any non-commercial fisher can use these areas) for which the kaitiaki can make certain by-laws with respect to the management of the reserve.

Reserves can only be applied for over traditional fishing grounds which are of special significance to the tangata whenua. The proposed reserve is of a size appropriate to effective management by the tangata whenua.

The general management aims are consistent with the sustainable use of the fisheries resources of the area. The Minister must also be satisfied the Mātaitai reserve will not:

• unreasonably affect the ability of the local community to take fish for non-commercial purposes. 
• Prevent persons with a commercial interest in a species from taking their quota or annual catch entitlement within the quota management area for that species. 
• Unreasonable prevent persons with a commercial fishing permit for a non-quota species from taking fish within the fishery management area for which that   permit has been used.

No Mātaitai reserves have been established to date in the takiwā.

Taiāpure – local fisheries are intended to be managed by local communities. Each would have a management committee appointed by the Minister of Fisheries and would be responsible for helping to advise on the management and conservation of the area. Taiāpure means a local fishery area in estuarine or littoral coastal waters. No Taiāpure have yet been established in the takiwā.

Marine Reserves – Taputeranga

The Taputeranga Marine Reserve was established in 2008 at Island Bay, Wellington with the support of the Trust although it was early in the life of the Trust.