Social Studies fact sheet: Maori fisheries today

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Under the Treaty of Waitangi in 1840, Maori were guaranteed "the full, exclusive and undisturbed possession of their… fisheries and other possessions". Since then, Maori have seen this guarantee eroded, while the technology and scope of fishing has expanded greatly beyond the traditional fishing practices of 1840. This Fact Sheet shows how recent legislation has attempted to fairly address the issues of Maori fishing rights.

How the law has addressed Maori fishing rights
Since 1840, the guaranteed fishing rights of Maori have been eroded in many ways. For example, drainage of land, and agricultural, industrial and foreshore development have badly affected many traditional fishing areas. Also, both commercial and recreational fishing have depleted some fish and shellfish species.

1986 - The Quota Management System
In 1986, the 1983 Fisheries Act was amended to provide for a new way of managing commercial fisheries - the Quota Management System (QMS). Under the QMS, fishing rights to harvest certain species and amounts of fish were allocated to commercial fishers who had fishing permits. This first allocation was based on how much commercial fishers had historically caught. Many Maori no longer had commercial fishing permits, so they missed out when quota was first allocated.

As recognition grew that Maori fishing rights under the Treaty of Waitangi had not been well protected, efforts were made to improve the situation, especially in respect of Maori claims to commercial fishing and rights to customary or non-commercial fishing.

While a full and final settlement of Maori fisheries claims has been achieved, there is still debate over how the settlement should be implemented, and there are those within New Zealand who think Maori should have no special fisheries rights.

Over time the changes to better allow for Maori fishing rights can be seen in:

	The Waitangi Tribunal
	The Maori Fisheries Act 1989
	The Treaty of Waitangi Settlement Act 1992
	The Fisheries Act 1996

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The Waitangi Tribunal
The Waitangi Tribunal was set up in 1975 to hear modern day claims or grievances under the Treaty of Waitangi. In 1985 the Tribunal was given the power to investigate retrospective claims dating back to 1840, including claims about the loss of Maori land and fisheries.

Maori groups challenged the Quota Management System (QMS) through the Waitangi Tribunal and the courts, claiming the QMS was unfair because it ignored Maori fishing rights guaranteed under the Treaty of Waitangi. The courts agreed, and it was decided that the QMS could not be expanded to include any new species until Maori fishing rights had been sorted out.

Since the settlement marked by the Treaty of Waitangi (Fisheries Claims) Settlement Act 1992, the Waitangi Tribunal can no longer hear claims relating to Maori commercial fishing rights.

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1989 - The Maori Fisheries Act 1989
Instead of trying to resolve customary fishing issues through the courts, as has been the case in North America and elsewhere, the Crown and Maori agreed to negotiate a solution. The Maori Fisheries Act, passed in 1989, was intended as an interim settlement, pending negotiated resolution of some key issues.

phototgraph of fish on the deck of a vessel

As part of the 1989 Maori Fisheries Act and the 1992 Settlement Act, the Crown agreed to buy back roughly 10 percent of all the quota that had already been allocated, and to purchase half of the Sealord Products Ltd company and its quota on behalf of Maori.

It was also agreed that 20% of the quota for any species to be managed under the QMS in the future would be allocated to Maori. The "Maori quota" was given to the Treaty of Waitangi Fisheries Commission, which is responsible for devising a way of fairly distributing it to Maori.

The 1989 Maori Fisheries Act also created the concept of taiapure-local fisheries. These are coastal waters of special significance to iwi or hapu as a source of food or for spiritual/cultural reasons. A management committee, nominated by the local Maori community, has the role of recommending fishing controls for the area.

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1992 - The Treaty of Waitangi (Fisheries Claims) Settlement Act 1992
In late 1992, the Treaty of Waitangi (Fisheries Claims) Settlement Act became law. This Act gave effect to the Deed of Settlement, signed in December 1992. This deed

	settled Maori claims to commercial fishing
	clarified Maori rights to customary or non-commercial fishing
	discharged the Crown's obligations in respect of Maori commercial fishing interests under the Treaty of Waitangi.

This agreement was one of the most significant between Maori and the Crown since the Treaty was signed over 150 years ago. Under the Settlement Act, Maori claims to commercial fishing rights were settled by the Government helping Maori buy Sealord Products LTD, which owns about 25 percent of all fishing quota. Maori will also be entitled to 20 percent of quota for any new species brought under the Quota Management System (QMS).

With the settlement of Maori commercial fishing claims, the way was clear to develop the Quota Management System further. This allowed the passage of the Fisheries Act 1996.

However there was still an obligation on the Crown to consult with tangata whenua and develop policies that would help to recognise the customary use and management practices of Maori for noncommercial fishing.

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1996 - The Fisheries Act 1996
In 1996 a revised Fisheries Act was passed. This Act broadened requirements for sustainable management of fisheries within the ecosystem including managing the impacts of fishing on the environment and other species.

This later Fisheries Act also required regulations to be made to define how customary fishing could take place and the rights and responsibilities of tangata whenua in managing their own customary Maori fisheries. This not only supported the obligations in the 1992 Settlement Act but it also provided greater opportunity for Maori to be involved in many aspects of sustainable fisheries management.

The Act provides a number of ways for increased input by tangata whenua into the management of local, noncommercial fisheries in fishing areas that have customarily been of special significance to iwi or hapu. These are the Customary Regulations introduced via the 1992 Settlement Act which contain processes for the establishment of Mataitai reserves and the appointment of Kaitiaki, and the Taiapure provisions introduced in 1989.

The Act also allows for regulations to cover other specific circumstances in support of customary practices. For example, the western Hauraki Gulf shellfish beds were temporarily closed to protect the stocks required to support customary shellfish harvesting.

MFish is now reconsidering the Act, to see how to improve the rights of all fishers (recreational and marine farmers) as well as to allow for more efficient ways of managing fisheries. It is proposed that those people with an interest in fisheries will be given greater opportunities to be involved in managing fisheries.

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Customary (noncommercial) Maori fishing rights
Maori rights for customary (noncommercial) fisheries were always allowed for under the hui/tangihanga provisions of the Fisheries Act commonly known as "Regulation 27". A special dispensation from the amateur regulations could be given for collecting seafood for the purposes of hui or tangihanga. The Treaty of Waitangi (Fisheries Claims) Settlement Act makes everything much clearer. It provides for the making of comprehensive customary fishing regulations.

Kaitiaki appointment process
The Kaitiaki process allows the Minster to approve people nominated by the local iwi or hapu who are responsible for managing all customary take within the customary area of that iwi or hapu.

Mataitai

Mataitai reserves are areas of traditional importance to Maori where the tangata whenua are authorised by the Minister of Fisheries to manage and control the harvest of seafood for noncommercial purposes. Kaitiaki, appointed by the local Maori community can manage this area by passing by-laws. Controls on noncommercial fishing within mataitai reserves must apply equally to all people with only one exception: if a reserve is closed for general harvesting, the kaitiaki may approve the taking of seafood to meet the needs of the marae belonging to the tangata whenua of the reserve.

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Case study one: establishing the Palliser Bay Taiapure
The Maori Fisheries Act 1989 provided for the establishment of local fisheries, or taiapure. A number of taiapure are now in place. One of the first was established by Ngati Kahungunu ki Wairarapa in Palliser Bay, on the southern coast of the North Island.

The taiapure covers two areas along the coast. Te Kopi, is about 3 km long and extends 800 metres off shore. The other area, Te Kumenga, is 5 km long and extends 300 metres off shore.

The areas have long been popular for recreational fishing for paua, kina, rock lobster, and many kinds of finfish and commercial fishing for paua, rock lobster, a small amount of fish and also agar seaweed.

Under the taiapure, commercial fishing is excluded from the area, except for some rock lobster and hand gathering of seaweed in one of the areas.

Both areas are managed as recreational and traditional fisheries following the principles of kaitiakitanga (stewardship). Commercial and recreational fishers help police the area.

The taiapure was approved after wide consultation, with the local community, Ministry of Fisheries, the Department of Conservation and commercial fishers.

Following are extracts are from letters supporting the application for the taiapure at Palliser Bay:

Extract 1:

"I was brought up in Kaitaia and recall vividly our holiday excursions to the beach at Ahipara....Ahipara abounded with all types of kaimoana and each day, under strict instructions [we] would gather toheroa, paua and other sea foods which were then dried for later use. I caught many a snapper off the beach using a hand line. Some type of fish were caught seasonally because of its migratory habits and spawning. If crayfish with eggs were caught in a specific area, then that area became a rahui, or prohibited area. When the kina was milky this also came under rahui.

"When rearing my family in the Wairarapa, I taught them the rules governing kaimoana as given me by my parents, the gifts of Tane and Tangaroa, a heritage from time immemorial....Those days kaimoana was plentiful and all within easy reach. Crayfish would be crawling over the seaweeds at low tide. The local Maori would be drying paua and crayfish tails, referred to as `winter bacon'.

"Today, as a Maori, I am ashamed to talk about our kaimoana, our fisheries, our waahi tapu. We have let our tipuna down in this respect and now our coasts and fisheries have been raped, plundered and totally mismanaged, all for the sake of the `fast buck'."

Extract 2:

"As a youth in Mohaka and Mahia, my parents together with my hapu [sub-tribe] tutored us in the behaviour and tikanga when on the beach and when gathering our kaimoana. On reflection, what our kaumatua said could have been of immense value to us today.

When I came to the Wairarapa, I worked on the East Coast stations at Tora and Te Awa-iti. I saw rocks left dry at low tide, the undersides literally covered with paua, isolated pools containing kina, crayfish and inshore species of fish. Because of the permitted access and the abundance of our kaimoana, we took only enough to sustain our needs.

"I was taught to obey these rules:

1.	Never clean your kaimoana on the beach.
2.	If you turn over a rock, replace it where you found it.
3.	No shellfish could be cooked and eaten on the shore.
4.	If crayfish with eggs were caught in the area, then fishing must cease in the area. This also applied to the kina.
5.	Women were not permitted to gather kaimoana during certain periods.
6.	Only food baskets made for the gathering of kaimoana must be used.
7.	To pollute an area was to drive the kaimoana away."

Case study two: managing the Maketu Taiapure
The Maketu Taiapure was established in 1996. It covers about 30km of coastline in the Bay of Plenty, including the Maketu and Little Waihi Estuaries, and extends between 1000 and 3000m offshore.

A management committee has been established and they have been very active in planning and promoting the aims of the taiapure. The committee has produced a comprehensive 5 year 'strategic plan'.

This plan contains the following vision statement for the taiapure: "that Te Waka o Te Arawa (the local tribe) will exercise control over the marine resources of our traditional rohe (area)". The intention or mission statement is " to enhance and manage the coastal resources of Te Arawa in a sustainable manner for the benefit of present and future users".

The strategic plan contains many goals, objectives and policies to help guide the committee in its work. These cover such areas as sustainability, tino rangatiratanga, manaakitanga principles, protection of ecosystems and 'mauri', preservation of waahi tapu (sacred sites), obtaining financial resources, putting in place monitoring systems, developing tangata whenua human resources and communicating effectively.

The committee has involved the wider community in the taiapure by seconding recreational and commercial representatives onto the Kaitiaki Group. It has also held a series of public meetings to discuss the strategic plan and the ongoing work of the committee.

Key issues have been prioritised. In the short term studies are being carried out of the existing marine resource and possible harvesting restrictions to enable the resource to recover. The existing pattern of harvesting in the area is also being investigated. In the medium term use of the marine resource will be controlled to facilitate an improvement in the quantity and quality of the resource. Longer term, extensive use of the resource will be provided for within the bounds of overall sustainability.

The committee is considering recommending possible restrictions on the harvest of paua and green-lipped mussels in the taiapure. This will involve consultation with representatives of those users who may be affected by such regulations or controls. Another key project entails working with the Department of Conservation and the Environment Bay of Plenty to help restore the water flows and damaged ecosystem of the Maketu Estuary.

Being the manager of a taiapure is a challenging task that requires lots of planning, consultation, liaison and hard work. In the case of Maketu, the management committee are focused on their primary objective of "ensuring that the fishery resource of the taiapure area is conserved, enhanced, protected, and managed by tangata whenua for the benefit of all users, present and future".