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
1. Historical Context and the Treaty of Waitangi
2. The Quota Management System and the Muriwhenua Claim
3. The Fisheries Act of 1983 and Maori Opposition
4. The Fisheries Act of 1989 and the Sealords Deal
5. Conclusion and Evaluation of Treaty Impacts
Research Objective and Core Themes
This work examines the historical and contemporary impact of the Treaty of Waitangi on Maori fishing rights, specifically analyzing how legislative frameworks like the Quota Management System (QMS) and the Sealords Deal have interacted with the rights guaranteed to the Maori people under the Treaty.
- The divergence between traditional Maori fishing rights and modern commercial regulation.
- The legal and political conflicts arising from the Quota Management System (QMS).
- The role of the Waitangi Tribunal in addressing indigenous claims.
- The compromise and long-term implications of the 1992 Sealords Deal.
- The systemic failure of the Crown to protect indigenous property rights.
Excerpt from the Book
The Quota Management System and the Treaty of Waitangi
Observing the impacts of the present times the Treaty has on Maori fisheries chronologically, it seems logical to start with the Quota Management System (QMS) which had been introduced in 1986 (Durie 2006). Having a look at the Treaty principle of Article two which claims 'full exclusive and undisturbed posession of lands and estates, forests, fisheries, and other properties' (Durie 2006), the QMS breaches the Treaty. Yet before the British arrived in New Zealand, there was already a Fish Trading bussines between the tribes, which proves that the 'Maori fishing interests were commercial in nature' (Durie 1998). When conceptualizing the QMS, the traditional Maori fishing interests were categorized as “customary”. Therefore, in the understanding of the people who drafted the QMS, the Treaty would grant the Natives the right to retain fishing for subsistence. Hence, the breach of the Treaty is therefore due to the presumption that Maori fisheries had only been substantial, which is not correct. In the light of that there can be found several evidence for the opposite.
Besides that, the provison of Article three, assuring “royal protection” occurs to be inadequat with the QMS. In relevance to this provision, it would have been the duty of the Crown to make sure that Maori rights were not affected by any Acts. Actually, the Crown showed no responsibility in terms of Maori fisheries nor tried to prove the situation of Maori fisheries was different from what the QMS imputed to the natives.
Summary of Chapters
1. Historical Context and the Treaty of Waitangi: This chapter introduces the status of Maori society prior to British arrival and outlines the foundational promises made by the Treaty of Waitangi regarding property and fishing rights.
2. The Quota Management System and the Muriwhenua Claim: This chapter explores the introduction of the QMS, arguing that its categorization of Maori fishing as merely "subsistence" violates the Treaty, leading to the Muriwhenua legal challenge.
3. The Fisheries Act of 1983 and Maori Opposition: This chapter discusses the limitations imposed by the Fisheries Act and details the Maori refusal to accept the curtailment of their rights under the Treaty.
4. The Fisheries Act of 1989 and the Sealords Deal: This chapter analyzes the 1989 legislation and the 1992 Sealords Deal, evaluating them as compromises that increased Maori quota shares but remained controversial among the tribes.
5. Conclusion and Evaluation of Treaty Impacts: This chapter synthesizes the historical conflict, concluding that the Crown failed to uphold the spirit of the Treaty and that current policies have not adequately honored indigenous rights.
Keywords
Treaty of Waitangi, Maori fisheries, Quota Management System, QMS, Sealords Deal, indigenous rights, land ownership, Waitangi Tribunal, commercial fishing, customary fishing, crown responsibility, Muriwhenua claim, sustainable use, property rights, colonial history.
Frequently Asked Questions
What is the core subject of this analysis?
The work focuses on the legal and political tensions between the New Zealand government's fishery management policies and the rights promised to the Maori people under the Treaty of Waitangi.
What are the central themes discussed?
The central themes include the interpretation of Treaty articles, the clash between commercial and customary fishing rights, the impact of the Quota Management System, and the long-term effectiveness of the Sealords Deal.
What is the primary objective of this research?
The primary objective is to evaluate whether modern legislative acts, such as the Fisheries Act and the QMS, are consistent with the "full, exclusive, and undisturbed possession" of resources guaranteed to the Maori in the Treaty of Waitangi.
Which scientific methods are utilized?
The author employs a historical-analytical method, examining legislation, legal claims (such as the Muriwhenua claim), and established scholarly literature to compare government policy against Treaty obligations.
What topics are covered in the main body?
The main body treats the chronological development of fishery policies from 1986 through the early 1990s, detailing the shift from subsistence to commercial regulation and the subsequent tribal responses.
Which keywords characterize the document?
Key terms include Treaty of Waitangi, Maori fisheries, Quota Management System, Sealords Deal, and indigenous property rights.
How does the author evaluate the "Sealords Deal" of 1992?
The author views it as a pragmatic, albeit imperfect, compromise that increased the Maori quota share significantly but was met with skepticism and failed to gain unanimous support among the tribes.
What is the author's stance on the Crown's role?
The author argues that the Crown failed in its duty to protect Maori rights, noting that it did not actively prevent the depletion of resources or support the Maori position effectively within the Waitangi Tribunal.
- Citar trabajo
- BA Anke Weiland (Autor), 2010, The Treaty of Waitangi, Múnich, GRIN Verlag, https://www.grin.com/document/280063
