Lol Law121

Class 11 notes Sealord Case

Basis of Maori claims to fisheries
Maori romainemology & axerophthol; tikanga:
Tangaroa, god of the sea, is one of the original ancestors
Maori text of Tiriti o Waitangi:
Hapu nurse totality authority oer all taonga (things that are treasured)
English text of Treaty of Waitangi:
Maori retain undisturbed possession of fisheries
Legislation, s88(2) Fisheries stand for:
nothing in this Act shall affect any Maori sport fish rights
consistent with colonial law
aboriginal title: prior Maori sportfishing rights continue until extinguished by statute
International law: treaty rights are only enforceable if recognised in national law

Fisheries negotiations

1987: New Zealand Maori Council & Muriwhenua v Attorney General
NZ Maori Council and several(prenominal) iwi challenged Quota Management System;
Court froze the extension of the QMS to untried species
direct to negotiations
1989 Maori Fisheries Act
10% of quota transferred to Maori Fisheries Commission (MFC) over 4 years (2.



5 pa x 4)
Crown appointed the Maori Fisheries Commissioners
Court case was hang for 4 years to 1993
1992 Waitangi Tribunal Ngai Tahu Sea Fisheries report
upheld Ngai Tahu claim over fisheries,
rights to fisheries along South Island coastline to 12 miles
and expandment right beyond to 200 miles
Pressure on Crown to restart fisheries negotiations
MFC asked establishment help it to buy Sealord Ltd,
which held 26% of total NZ quota
Carter Holt had to sell Sealord cos new foreign ownership
Purchase of Sealord would give MFC 23% total commercial quota.

Terms of the Sealord Deed of Settlement
Maori joint venture with Brierleys investiture Ltd to buy Sealord Ltd
Crown would pay Maori $150 million to develop fisheries,
Including the half-share of Sealord,
Crown would pass laws to grant 20% of quotas in new species to Maori
New laws would regulate non-commercial fishing to recognise traditional fishing practices
Crown would reconstitute the...If you want to get a intact essay, order it on our website: Orderessay



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