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Treaty of Waitangi (Fisheries Claims) Settlement Act (No. 121 of 1992).

Country/Territory
New Zealand
Document type
Legislation
Date
1992 (2004)
Source
FAO, FAOLEX
Long title
An Act: (a) to give effect to the settlement of claims relating to Maori fishing rights; and (b) to make better provision for Maori non-commercial traditional and customary fishing rights and interests; and (c) to make better provision for Maori participation in the management and conservation of New Zealand’s fisheries.
Subject
Fisheries
Keyword
Marine fisheries Inland fisheries Traditional rights/customary rights Dispute settlement Offences/penalties Indigenous peoples
Geographical area
Asia and the Pacific, Australia and New Zealand, Oceania, South Pacific
Entry into force notes
Except as provided in subsection (3), this Act shall come into force on a date to be appointed by the Governor-General by Order in Council; and 1 or more Orders in Council may be made bringing different sections into force on different dates. Section 8 shall come into force on the day on which this Act receives the Royal assent.
Abstract

This Act, consisting of 2 Parts and one Schedule, has three purposes: to give effect to the settlement of claims relating to Maori fishing rights, to make better provision for Maori non-commercial fishing rights and interests, and to make better provision for Maori participation in the management and conservation of New Zealand's fisheries. The Act refers in the Preamble to a Deed of Settlement which plays an important role in the interpretation of the Act. The Treaty of Waitangi confirms and guarantees to the Chiefs, tribes and individual Maori full, exclusive and undisturbed possession and te tino rangatiratanga of their fisheries. Against the background of the considerations set out in the Preamble, the Act makes provision for the purchase of Sealords by a joint venture with Brierly Investments Limited (sect. 5), the indemnification of the Treaty of Waitangi Fisheries Commission against liability for certain goods and service taxes (sect. 6), the authorization of a payment in accordance with the Deed of Settlement between Maori and the Crown (sect. 7), as well as dividend (sect. 8). Section 9 provides that the Act settled all existing and future claims (direct and indirect) by Maori in respect of commercial fishing, as well as disposing of all obligations of the Crown to Maori in respect of commercial fishing. The claims by Maori in respect of non-commercial fishing shall continue to give rise to Treaty obligations on the Crown, and that the Minister shall recommend the making of regulations under the Fisheries Act 1983 to recognise and provide for customary food gathering by Maori and the special relationship between tangata whenua and those places which are of food gathering importance subject to certain limitations (sect. 10).

Full text
English
Website
www.legislation.govt.nz