Te Ohu Kai Moana
The Treaty of Waitangi Fisheries Commission or Te Ohu Kai Moana (TOKM) was given ownership of pre-settlement assets (PRESA) awarded under the 1989 settlement and post-settlement assets (POSA) in the 1992 settlement.
PRESA are assets secured in the 1989 interim settlement, which included 10% of all species in the QMS at that time, and assets which resulted from PRESA at 6 January 1993, and held by the Commission. PRESA consisted of quota and shares mainly in Moana Pacific Fisheries Limited, and cash, with a combined value of $333.88 million.1
POSA are assets arising from the 1992 Deed of Settlement signed on 23 September 1992. POSA consisted of quota, shares and cash, with a combined value of $376.07 million.2
TOKM had two main tasks: ensuring the assets benefitted all Maori and allocating these assets to iwi. It took twelve years to reach a fair allocation model, involving extensive consultation and litigation. The eventual allocation was implemented through the Maori Fisheries Act 2004.
Key elements of the allocation were as follows:
| PRESA | POSA |
| PRESA Inshore Quota3 allocated to Iwi through a coastline formula | POSA Inshore Quota allocated to Iwi using a coastline formula |
| PRESA Deepwater Quota allocated to Iwi through a 75% Iwi population: 25% Iwi Coastline formula | POSA Deepwater Quota allocated through a 75% Iwi population and 25% Iwi coastline formula |
PRESA Cash allocated to Iwi through a population formula, with:
| All POSA shares and cash retained by Aotearoa Fisheries Limited (AFL) 80% of income shares from AFL allocated to Iwi (based on Iwi affiliations in the 2001 Census) and 20% to TOKM. |
Source: Te Ohu Kai Moana, 2002
Footnotes:
- See Treaty of Waitangi Fisheries Commission (2002) Ahu Whakamua Report for Agreement, p. 9
- Ibid, p. 9
- Deepwater quota are defined as fish stocks where at least 75% of the catch is caught at 300m or deeper, and inshore quota is caught above 300m (sections 8-9 Maori Fisheries Act 2004).