The Treaty of Waitangi

Essay , 2010 , 4 Pages , Grade: n.a.

Cultural Studies - Miscellaneous

Maori wellbeing, including concerns such as education, health, reasonable incomes or appropriate participation in political discussions were important matters when the Treaty was drafted. Maori had been able to manage all those issues on their own and their methods were quite advanced. Having a look at the Maori fisheries for example, Cook claimed when he arrived in 1769 that 'he was highly impressed by the sophistication of Maori fishing compared to their own primitive gear' (Hersoug 2002). Besides that, also the social organisation of the business was well developed (Hersoug 2002). Things changed as soon as foreigners, namely the British arrived in New Zealand and 'discovered' this country. With this arrival, things in New Zealand became different. Due to the fact that there were no laws to which the british settlers felt bounded, they acted the way they wanted. Besides that, the French and the Americans started to peer at this land beeing lately added to the world map. At this time, the Crown felt constrained to take actively action on the situation. The document which turned out oas a result of this situation was the Treaty of Waitangi. Drawing observance to the Aborigine Act, the Treaty would recognize certain rights of the natives, including the issues mentioned at the very beginning. Besides that, the Treaty 'guaranteed full rights of ownership of their lands, forests, fisheries and other prized possessions' (Orange 2004) to Maori people. As the fisheries are a part of the guaranteed rights mentioned in the Treaty, they may be taken to examine the current impact of the Treaty in New Zealand society.

Table of Contents

• Maori Wellbeing and the Treaty of Waitangi
• The Quota Management System (QMS) and the Treaty
• The Fisheries Act of 1983 and the Treaty
• The Fisheries Act of 1989 and the Treaty
• The Sealords Deal and the Treaty
• Conclusion

Objectives and Key Themes

This text analyzes the historical and contemporary impact of the Treaty of Waitangi on Maori fisheries in New Zealand. It examines how various legislation and agreements, including the Quota Management System (QMS) and the Sealords Deal, have impacted Maori fishing rights and the principles enshrined in the Treaty.

• The historical context of Maori fishing practices and their recognition in the Treaty of Waitangi
• The impact of the Quota Management System (QMS) on Maori fisheries and its perceived breach of Treaty principles
• The role of the Fisheries Acts of 1983 and 1989 in shaping Maori fishing rights and their relation to the Treaty
• The Sealords Deal as a compromise and its potential implications for Treaty rights
• The ongoing struggle of Maori to secure their rights and achieve equitable outcomes in the management of fisheries

Chapter Summaries

This chapter provides an overview of the historical context of Maori fisheries and their significance in relation to the Treaty of Waitangi. It highlights the advanced fishing practices of Maori prior to European colonization and explores how the arrival of the British and subsequent Treaty negotiations impacted Maori rights. This chapter focuses on the Quota Management System (QMS) introduced in 1986 and its implications for Maori fisheries. It argues that the QMS breaches the Treaty of Waitangi by failing to recognize the commercial nature of Maori fishing interests and by treating them as solely subsistence-based. The chapter explores the Muriwhenua claim, which challenged the QMS and argued for the recognition of Maori fishing rights outside the system. This chapter examines the Fisheries Act of 1983 and its perceived dissonance with the Treaty of Waitangi. It critiques the Act's presumption that Maori fishing interests were solely subsistence-based, ignoring evidence of pre-existing commercial fishing practices. The chapter further highlights the ambiguity of the Act's statement regarding Maori fishing rights. This chapter focuses on the Fisheries Act of 1989 and its subsequent allocation of quotas and funding to Maori. It analyzes the Act in relation to the Treaty of Waitangi and argues that the provisions offered to Maori are insufficient and fail to meet the Treaty's guarantees of “full and undisturbed possession.” The chapter examines the disparity between Maori claims and the actual outcome, questioning the fairness of the arrangement. This chapter examines the Sealords Deal of 1992, which attempted to address concerns regarding overfishing and the sustainability of fisheries. It explores the compromises made by both the government and Maori, highlighting the government's efforts to secure an agreement that would prevent future claims related to fisheries. The chapter discusses the Deal's impact on Maori fishing rights and analyzes the extent to which it reflects the principles of the Treaty of Waitangi.

Keywords

The primary focus of this text is on the impact of the Treaty of Waitangi on Maori fisheries in New Zealand. It examines the intersection of indigenous rights, resource management, and historical injustices. Key terms include: Treaty of Waitangi, Maori, fisheries, quota management system (QMS), Sealords Deal, Fisheries Act, Muriwhenua claim, indigenous rights, historical injustices, and resource management.

• College: Massey University, New Zealand
• Course: The Treaty of Waitangi
• Grade: n.a.
• Author: BA Anke Weiland (Author)
• Publication Year: 2010
• Pages: 4
• Catalog Number: V280063
• ISBN (eBook): 9783656742012
• ISBN (Book): 9783656741985
• Language: English
• Tags: treaty, waitangi