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

Pays/Territoire
Nouvelle-Zélande
Type du document
Législation
Date
1992
Source
FAO, FAOLEX
Titre complet
An Act- (a) To give effect to the settlement of claims relating to Maori fishing rights; (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.
Sujet
Pêche
Mot clé
Pêche maritime Pêche continentale Droits traditionnels/droits coutumiers Règlement des différends Savoir traditionnel/savoir autochtones Infractions/sanctions Peuples autochtones
Aire géographique
Asie et Pacifique, Australie et Nouvelle-Zélande, Océanie, Pacifique Sud
Résumé

This Act 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).

Texte intégral
Anglais