Treaty of Waitangi
In the Treaty of Waitangi, Maori were guaranteed "full exclusive and undisturbed possession of their lands and estates, forests, fisheries and other properties"; while the Maori version of the Treaty guarantees Maori ‘unqualified chieftainship over their lands, villages and treasures'. While fisheries were not explicitly stated in the Maori version, it upheld their chieftainship over their lands and treasures, thus implying continued access to fisheries.
In New Zealand, when the Quota Management System (QMS) system was introduced in 1986 to manage the fisheries resource, it was assumed there would no effect on Maori fishing claims. But subsequent claims and Waitangi Tribunal reports clearly established that Maori had ‘unextinguished' to the use of marine resources.1
A High Court injunction prevented the introduction of further species into the QMS, and Maori and the Crown entered into negotiations for the Maori fisheries settlement.
Footnotes:
- Kelly Loche and Stefan Leslie (2007) New Zealand's Quota Management System: A History of the First Twenty Years. Motu Working Paper 07-02, Motu Economic and Public Policy Research