New Zealand Maori Claims to Fisheries Resources
By Randall Bess
ABSTRACT
New Zealand's fisheries are perhaps best known for the individual transferable quota (ITQ) system brought about by the Fisheries Amendment Act 1986 (the Act). There is general recognition that the ITQ system has improved the biological status of fisheries resources and commercial returns. The Act led to allocating quota to fishing firms and individuals that met the allocation criteria. Part-time fishers, many of whom were Maori, New Zealand's indigenous people, were excluded from the initial allocation. The Act did not address claims by Maori of having indigenous rights to fisheries resources. However, at the time the Act was implemented, there was a growing resurgence in Maori culture and language and awareness of Maori rights under the Treaty of Waitangi 1840 (the Treaty). The English-language version of the Treaty is recognised by the Crown as the founding document of New Zealand as a nation. Maori widely accept another version in Maori language, Te Tiriti o Waitangi. Maori view this document as offering to the Crown kawanatanga, the right of iwi (larger family) to self-determination in their particular region.
This offer is in return for several guarantees to Maori, one of which is their right to fisheries resources. The implementation of the Act prompted indigenous claims to large areas of fisheries, and the ITQ system was used to settle several claims. This paper explores Maori views on resource use and claims to fisheries resources, legislative changes enacted to settle Maori fisheries claims, and claims that remain outstanding. The insights of this paper will have relevance to the broader discussion on indigenous perspectives.
KEYWORDS: Indigenous values and claims, New Zealand, individual transferable quota.
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