High Court finds Crown has breached historic Fisheries Settlement for over 20 years

The High Court has upheld the mana and enforceability of the Māori Fisheries Settlement in its recent decision on proceedings taken against the Crown by Te Ohu Kaimoana.

The decision marks another watershed victory in the fight for recognition of Māori property rights. This decision confirms the breach we have always known exists and demands that the Crown now act with honour and meet its obligations to iwi.

The case relates to 28N rights; historical fishing quota rights granted to commercial fishers under Section 28N of the Fisheries Act1983. When the New Zealand Government introduced a quota management system to manage the sustainability of fishing stocks in 1990 and quota shares in 2001, the Crown agreed to a deferred compensation for 28N. In effect, this system resulted in settlement quota being confiscated to make good on the Crown promises to these 28N holders, without compensation to iwi.  

The High Court has ruled that the Crown has been and is in ongoing breach of the Māori Fisheries Settlement. Importantly, this systematic breach of the settlement must result in the Crown providing redress.  

“The Court has now found that the Crown has knowingly and permanently confiscated Māori property rights. For approximately 20 years and Government officials were aware of 28N issues, yet still allowed these rights to be permanently eroded over time.” Said Dion Tuuta, Acting Chair of Te Ohu Kaimoana. 

Māori have been raising concerns about the impact of the 28Nrights on settlement quota for two decades. Crown officials rejected numerous approaches from Te Ohu Kaimoana to work together to find a resolution to this issue, forcing Te Ohu Kaimoana to file these legal proceedings. This case goes well beyond Crown officials’ inactivity and Minister’s powers under the Fisheries Act, and affects the honour of the Crown.  

“From our perspective as the agent for the Māori Fisheries Settlement partner, it is a shame that it requires the High Court to remind the Crown about the enduring obligations of a treaty settlement; and that despite what were quite frankly alarming arguments from the Crown’s case, that the fisheries settlement is indeed enforceable through statute and the Crown does not have a license ‘to breach its obligations with impunity’”. Says Tuuta. 

“I think the Court said it best in that ‘Treaty settlements are steps towards reconciliation, the restoration of mana and the putting right of historic wrongs. They are too important, if a credible suggestion of breach emerges, to be resolved on anything other than their merits. If either party is non-compliant, it should be concerned about that and anxious to put things right.’ That is what integrity and partnership is supposed to mean”. 

“We have always been committed to finding a solution that works for all 58 of our mandated iwi organisations, nothing has changed for us in that regard and we have made that clear to the Crown. So now we look forward to the Crown’s remedying of this issue and future discussions, together, towards a solution.”