Legislation & policy
Background
The Māori Fisheries Act 2004 marks the close to almost two decades of intense debate, litigation and negotiations. Here we review the events that have led up to the enactment of the legislation.
1987
The New Zealand Government attempts to introduce a new regime to manage New Zealand’s commercial fisheries - the quota management system (QMS). It assigns property rights to individuals and companies in the seafood industry. However, the Government ignores Māori fishing rights secured and guaranteed under the Treaty of Waitangi. On that basis, Māori challenge it.
1989
The Crown and Māori - through representatives of four Māori groups (Ngāi Tahu, Muriwhenua, Tainui, and the New Zealand Māori Council) - reach an interim agreement. The QMS is implemented, and Māori receive $10-million cash and 10 percent of all fish stocks introduced into the QMS.
The Māori Fisheries Commission is established. It begins extensive consultation to transfer and allocate these assets.
1992
The Crown and Māori reach a full and final settlement. The deal extinguishes any further claims Māori have to marine and freshwater fisheries. This is in exchange for a 50 percent shareholding in Sealord Products Limited and 20 percent of all new commercial fisheries brought into the QMS.
The Treaty of Waitangi Fisheries Commission (the Commission) is set up to hold these assets on behalf of iwi. A fair way to allocate the assets to iwi now needs to be devised.
1993 - 2003
The Commission seeks agreement between various lobby groups, and consults widely with iwi and Māori.
Key issues include:
- whether quota should be allocated based on an iwi’s population or coastline
- what the entitlements are for ‘urban Māori’ disassociated from their iwi authorities
- whether the entire settlement should be distributed out or consolidated in a central organisation
During this time, successive legal challenges delay the allocation process and influence the final allocation model.
May 2003
An allocation model supported by 93.1 percent of iwi is presented to the Fisheries Minister. This model forms the basis of the Māori Fisheries Bill.
December 2003
The Māori Fisheries Bill is introduced into Parliament. Residual legal challenges continue.
June 2004
The Court of Appeal notes, ‘The level of consultation and the length of the consultation process, spanning as it did over ten years, has been unprecedented in New Zealand.’
September 2004
The Māori Fisheries Act 2004 is finally passed in Parliament. The Treaty of Waitangi Fisheries Commission which has fulfilled its primary responsibility - to devise an allocation model for the assets from the Māori fisheries settlement - will be dissolved.
November 2004
Te Ohu Kai Moana Trustee Limited (Te Ohu Kaimoana) and Aotearoa Fisheries Limited (AFL) are formally established.
The value of the Māori fisheries settlement has tripled since 1992. It is now estimated at around $750 million.
For many iwi, their share of assets from the Māori fisheries settlement will represent the first significant assets they receive through the Treaty of Waitangi claims settlement process.
For a break-down of the final allocation of Māori fisheries assets click here. If you want to know more about the organisations responsible for managing the assets check out the Te Ohu Structure section.