By IRENE CHAPPLE
Complications with the Government's aquaculture industry reforms are frustrating marine farmers, who fear the present freeze on new farms will run past its cut-off date.
The reforms, introduced in November 2001, included a two-year moratorium on resource consents for new farms to block a rush of applications.
But hiccups since the reform was announced may stop the legislative process meeting its original completion date of March next year.
In the latest setback to hopes of speeding up the legislation, Maori are gathering forces to fight for guaranteed rights over the new aquaculture management areas, where marine farms will be established under the proposed regime.
Their argument is supported by a Waitangi Tribunal report that found the Government's proposals breached four Treaty of Waitangi principles and did not have sufficient regard to Maori interests.
As individuals or corporate entities, Maori hold about 30 per cent of current aquaculture interests and about 37 per cent of all quota.
Their dominance in the industry is likely to create further complications over whether there should be claims over existing marine farms that happen to owned by Maori interests, that had been established on a commercial basis.
There is also likely to be friction between commercial fishers and aquaculture farmers whose claims over marine space collide.
Maori operators are finding sympathy among their industry colleagues.
Graeme Coates, executive officer for the Marine Farming Association, said the claims were for Maori and the Government to sort out.
"But if the Crown were to get any part of existing farms it would have to be on a willing-buyer, willing-seller basis."
Coates said the issue would be complicated and he expected that it would hold up the reforms.
"That just means continued uncertainty, which is the opposite of what was intended [by the reforms].
"The industry is saying 'we don't know where we are going with this'.
"Things are getting more and more complicated and the industry is getting impatient because the reforms seem to be getting off track."
Eric Barratt, managing director of fishing company Sanford, said his interest was in ensuring any property rights granted to Maori would be reflected across the industry.
He was concerned by the suggestion that marine area farming rights would be tendered for, as farmers would lose security and their incentive to invest.
Barratt said if the assumption was that Maori rights under the treaty would be granted for perpetuity, "we would expect our right to be in line with that".
He said despite Fisheries Minister Pete Hodgson's assurances that it would not hold up the reforms, "it seems to be a very ambitious timeframe".
Others, unwilling to be quoted, said the speed of the reform's implementation depended on the Government's response to the Maori claims.
Fisheries Minister Pete Hodgson this week announced at least 10 hui would be held to consult with Maori on the reforms.
He said the Government "agrees with the tribunal that there is no need to stop or indefinitely delay the reforms".
The consultation would bring "only a short delay".
Hodgson said the Government still intended that the reforms would be considered by Parliament by March.
"We understand that councils want to make progress with the development of the aquaculture marine areas.
"Marine farmers are also keen to see the legislation finalised, so they can be certain of the regime they are operating under," said Hodgson.
"The Government has no wish to extend the moratorium on consideration of new resource consents for aquaculture ... "
One farmer said the reforms would remain on track if the Government recognised the claims and satisfied them in the same way as the fishing settlement of the late 1980s.
"It has got a chance, but it is up to the Crown. If they go to the hui with the same parsimonious attitude they had at the [Waitangi Tribunal] then it is dead in the water."
Marine farmers fear delays
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