International Institute of Fisheries Economics and Trade
Abstract
M_ori rights over fishing resources in Aotearoa/New Zealand are being dramatically affected by ongoing changes in legislation and socio-economic factors. Although rights over natural resources were guaranteed to M_ori, the country’s indigenous people, by Article 2 of the Treaty of Waitangi 1840, those rights have subsequently been eroded. Historically, fishing has been managed at the hap_ (subtribe) level and the rights and responsibilities of individuals were based on descent and kinship rules serving the common interest. The classification of fishing into “amateur,” “commercial,” and “non-commercial customary” use rights by the Crown has forced M_ori to re-structure their traditional social relationships related to fishing into the same categories. The Fisheries (Kaimoana Customary Fishing) Regulations 1998 have attempted to encode these communal customary rights into law. The hap_ of focus in this study, Ngati Oneone, of the iwi (tribe) Te Aitanga a Hauiti, now struggles to adapt their traditional communal property regime to fit within the new legal confines. The resulting social disruption has increased conflict both among iwi/hap_ and between iwi/hap_ and the Crown. Responsibility for sustainable management rests with the hap_, while the economic rights to those fishing grounds are held by other interests, thus compounding the difficulty of implementing the Kaimoana Regulations. This study examines the fisheries issues confronting Ngati Oneone and explores the concept of co-management as a means of managing the conflict that has emerged from the social disruption associated with rights redefinition under the Treaty of Waitangi (Fisheries Claims) Settlement Act 1992. Several recommendations are offered for future management.Keywords: Fisheries Economics, Economic Solutions to Customary, Aboriginal and Traditional Fishing Right
