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The Ngai Tahu Sea Fisheries Report1992

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The Ngai Tahu Sea Fisheries Report1992 Downloaded from www.waitangitribunal.govt.nz The Ngai Tahu Sea Fisheries Report 1992 (Wai 27) Waitangi Tribunal Report Downloaded from www.waitangitribunal.govt.nz Downloaded from www.waitangitribunal.govt.nz Cover design by Cliff Whiting National Library of New Zealand Cataloguing-in-Publication data New Zealand, Waitangi Tribunal. The Ngai Tahu sea fisheries report, 1992 (Wai 27) Wellington, NZ : Brooker and Friend, 1992. 1 v (Waitangi Tribunal report, 0113-4124) In English with occasional text in Maori. ISBN 0-86472-103-X Ngai Tahu (Maori people) — Fishing. 2. Ngai Tahu (Maori people) — History. 3. Ngai Tahu (Maori people) — Claims. 4. Maori (New Zealand people) — Fishing. 5. Fishing — New Zealand — History. 6. Fisheries — New Zealand — History. 7. Fishery law and legislation — New Zealand — History. 8. Treaty of Waitangi (1840). 9. Maori (New Zealand people) — New Zealand — South Island Claims. 10. Maori (New Zealand people) — New Zealand — South Island — History. I. Title. II. Title : Ngai Tahu report 1992. 333.339099349 (639.20993749) Waitangi Tribunal Report ISBN 0-86472-103-X © Crown copyright 1992 First published 1992 This electronic edition published 2012 Downloaded from www.waitangitribunal.govt.nz Downloaded from www.waitangitribunal.govt.nz Matau in Barry Brailsford The Tattooed Land: The Southern Frontiers of the Pa Maori (AH and AW Reed Ltd, Wellington 1981) Downloaded from www.waitangitribunal.govt.nz Downloaded from www.waitangitribunal.govt.nz Te Rohe o Ngai Tahu Downloaded from www.waitangitribunal.govt.nz Downloaded from www.waitangitribunal.govt.nz Contents 1 About the Claim 1.1 The Claim and the Proceedings . 1 1.2 What the Claim is About . 1 1.3 Development of the First Fisheries Claim . .3 1.4 Representation . .5 1.5 How the Fishing Claim was Conducted . .6 1.6 Ward and Habib Reports . .8 1.7 Remedies and Recommendations . .8 2 The People’s Claim 2.1 Introduction . .9 2.2 The Importance of the Fisheries Resource to Ngai Tahu . .10 2.3 Pollution . 15 2.4 Loss of Access to Fisheries ; Acclimatisation Laws and Diversion of Water . .17 2.5 Depletion of the Resource . .17 2.6 The People’s Criticism of Present Management Systems and their Recommendations . .24 2.7 Remedial Action Suggested by Ngai Tahu People . 27 2.8 Waihora (Lake Ellesmere) . 29 2.9 Summary . 31 3 The Bounty of Tangaroa 3.1 Introduction . 35 3.2 The Seas of Ngai Tahu . 35 3.3 The Customary Fishery . .38 3.4 Ngai Tahu Ability to Fish . 38 3.5 Archaeological Evidence . 49 3.6 Ngai Tahu Fishing at 1840 : Written Accounts . .63 3.7 Regional Profiles . 64 3.8 The Habib Report . .70 3.9 Sealers and Whalers : The Coming of the Pakeha . .78 3.10 Conclusions . 87 v Downloaded from www.waitangitribunal.govt.nz Downloaded from www.waitangitribunal.govt.nz The Ngai Tahu Sea Fisheries Report 1992 4 Ngai Tahu Sea Fisheries Treaty Rights at 1840 4.1 Introduction . 95 4.2 The Words of the Treaty . .95 4.3 Contexts . 96 4.4 “Their Fisheries” . 102 4.5 The Nature and Extent of Ngai Tahu Sea Fisheries Treaty Rights in 1840 . 109 5 The Crown Assumes Control of the Fishery, 1840 to 1908 5.1 Introduction . 115 5.2 Ngai Tahu Fishing . 115 5.3 Crown Evidence as to Ngai Tahu and European Fishing . 121 5.4 European Fishing Begins . 123 5.5 Ngai Tahu Fishing 1861 to 1880 . 123 5.6 Other Ngai Tahu Fisheries . 124 5.7 European Fishing 1860 to 1880 . 125 5.8 The Otago Fishery . 125 5.9 The Southland Fishery . 126 5.10 Ngai Tahu Fishing 1881 to 1908 . 127 5.11 The Impact of Land Sales . 129 5.12 The Crown Assumes Control of Fishing . 133 5.13 Fisheries Legislation 1866 to 1908 . 134 5.14 The Crown Attitude to Maori Fishing Rights . 154 5.15 Maori Complaints and Protests . 160 5.16 Ngai Tahu Complaints and Protests . 166 5.17 Acclimatisation . 172 5.18 Ngai Tahu and the Government . 172 5.19 Summary and Conclusions . 172 6 The Crown Maintains Control of the Fisheries 1908–1982 6.1 Introduction . 187 6.2 Overview of the Commercial Fishery . 187 6.3 Restricted Licensing 1937 to 1963 . 190 6.4 Developments 1963 to 1982 . 193 6.5 Ngai Tahu Involvement in the South Island Fishery . 194 vi Downloaded from www.waitangitribunal.govt.nz Downloaded from www.waitangitribunal.govt.nz The Ngai Tahu Sea Fisheries Report 1992 6.6 Crown Control of the Fisheries Continues – 1908 to 1982 . 196 6.7 Maori Complaints and Protests . 199 6.8 Claims to Ownership of Lakes, Rivers and the Foreshore . 201 6.9 Ngai Tahu Protests this Century . 202 6.10 Summary . 209 6.11 Conclusions . 213 7 From Crown Regulation to Crown Disposition of Rights to the Sea Fisheries 7.1 Introduction . 217 7.2 The Fisheries Act 1983 . 217 7.3 Towards a Comprehensive Quota Management System . 221 7.4 The Fisheries Amendment Act 1986 . 223 7.5 Reaction of Maori to the Quota Management System . 226 7.6 Court Proceedings . 229 8 Maori Fisheries Act 1989 8.1 Introduction . 237 8.2 Maori Fisheries Commission . 237 8.3 Rock Lobster Become Subject to Quota . 240 8.4 Taiapure . 241 9 Profile of Modern Fisheries in the Ngai Tahu Region 9.1 The National Industry . 245 9.2 Modern Fisheries in the Ngai Tahu Region . 247 10 Ngai Tahu Sea Fisheries Treaty Rights Today 10.1 Introduction . 253 10.2 The Development Right . 253 10.3 Fisheries Beyond Those Fished in 1840 . 256 10.4 Territorial Seas . 260 10.5 Ngai Tahu Involvement in the General Fisheries Regime . 263 10.6 Summary . 264 11 Treaty Principles 11.1 Introduction . 267 11.2 The Status of the Treaty . 267 11.3 Rules of Treaty Interpretation . 268 11.4 Constitutional Status of the Treaty . 268 11.5 Principles . 268 vii Downloaded from www.waitangitribunal.govt.nz Downloaded from www.waitangitribunal.govt.nz The Ngai Tahu Sea Fisheries Report 1992 12 Crown Breaches of the Treaty 12.1 Introduction . 275 12.2 The Eight Crown Purchases . 275 12.3 Crown Legislation 1866 to 1892 . 278 12.4 Fisheries Act 1983 . 282 12.5 The Quota Management System . 283 12.6 Conclusion . 287 12.7 Recommendations . 288 13 Summary of Findings and Recommendations 13.1 Introduction . 289 13.2 Ngai Tahu Sea Fisheries at 1840 . 289 13.3 Ngai Tahu Sea Fisheries Treaty Rights at 1840 . 292 13.4 Nature and Extent of Ngai Tahu Sea Fisheries Treaty Rights in 1840 . 292 13.5 Ngai Tahu Involvement in Sea Fishing after 1840 . 293 13.6 Ngai Tahu Attitudes to Sea Fishing . 294 13.7 Settler Attitude to Sea Fishing . 295 13.8 The Crown’s Legislative Intervention 1866 to 1982 . 295 13.9 The Crown’s Attitude to Maori Fishing Rights . 298 13.10 Ngai Tahu Response to Crown Control of Sea Fisheries . 298 13.11 Ngai Tahu Sea Fisheries Treaty Rights Today . 299 13.12 Territorial Seas . 301 13.13 Individual Ngai Tahu Involvement in the General Fisheries Regime . 302 13.14 Summary of Ngai Tahu Sea Fisheries Treaty Rights Today . 303 13.15 The Quota Management System . 303 13.16 The Maori Fisheries Act 1989 . 304 14 Recommendations in Respect of Treaty Breaches 14.1 Introduction . 305 14.2 Crown Breaches of the Treaty . 305 14.3 Recommendations Pursuant to Section 6.3 of the Treaty of Waitangi Act 1975 . 306 14.4 Conclusion . 309 15 Appendices 1 Statement of Claim . 313 2 Record of Inquiry . 325 viii Downloaded from www.waitangitribunal.govt.nz Downloaded from www.waitangitribunal.govt.nz The Ngai Tahu Sea Fisheries Report 1992 3 Record of Documents . 329 4 Table of Fish Species . 349 5 “Management and Direction” – a Discussion of the Quota Management System . 369 6 Glossary . 389 Index . 397 ix Downloaded from www.waitangitribunal.govt.nz Downloaded from www.waitangitribunal.govt.nz List of Maps Frontispiece : Te Rohe o Ngai Tahu Chapter 3 Map 3.1 Distribution of fishery types by depth cited from A Colman, R11 ������������������������������������������������������������������������������������������������������ page 37 Map 3.2 Archaeological sites in the South Island . page 55 Chapter 5 Map 5.1 Illustration of the use of marks books, sketch by B Osborne in Elsdon Best “Fishing Methods and Devices of the Maori” Dominion Museum Bulletin number 12 1929, cited in evidence as S3 �������������������page 119 Chapter 6 Map 6.1 New Zealand Exclusive Economic Zone . page 192 Chapter 7 Map 7.1 New Zealand Quota Management Areas from the New Zealand Fishing Industry Board (NZFIB). page 220 Chapter 9 Map 9.1 Depth of water off the South Island . page 245 List of Illustrations Frontispiece : Matau in Barry Brailsford The Tattooed Land : The Southern Frontiers of the Pa Maori (A H and A W Reed Ltd, Wellington, 1981) Chapter 3 Figure 3.1 Single and double canoes [ca 1827] in J Boultbee Journal of a Rambler [ca 1845]. Original manuscript in the Alexander Turnbull Library. page 41 Figure 3.2 “Collection of fish-hooks from Waipapa Bay”.
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