Interim settlement79 Sample Clauses

Interim settlement79 a Process The first general Maori fisheries claim was initiated before the Waitangi Tribunal by the Muriwhenua tribes in 198680 and was reported on 15 June 1988. The claimants’ allegation, that the Crown had breached their Treaty fishing rights in general and in particular under the new QMS, was upheld.81 As the Muriwhenua claim was being heard, however, the Crown was continuing with the introduction of the QMS. The Crown was warned twice by the Waitangi Tribunal that this action constituted a breach of the Treaty.82 The Crown ignored the first warning. The second time, Xxxxx had also gone to court. Xxxxx commenced court proceedings on 30 September 1987 seeking judicial review of the Minister of Fisheries’ decision to allocate quota under the QMS. They based their action on section 88(2) of the Fisheries Act 1983, which stated that “Nothing in this Act shall affect any Maori fishing rights.” The Maori claimants argued that section 88(2) incorporated Treaty fishing rights and/or aboriginal title rights and that 79 See generally X Xxxxxx A Question of Honour? Labour and the Treaty 1984-1989 (Xxxxxxxxxx, Xxxxx and Xxxxx, 1990); X Xxxxxx New Zealand's Constitution in Crisis (Xxxxxxxxxx, Xxxx Xxxxxxx, 1992 ); A Frame "A State Servant Looks At the Treaty" (1990) 14 NZULR 82. 80 The earlier Motonui, Manukau, and Kaituna claims were not general claims, but involved particular Crown practices which had impacted on Maori fisheries. The Muriwhenua claim concerned both land and fisheries, but fisheries were reported on separately and the land claim is still being heard. The second general fisheries claim heard was made by Ngai Tahu, and was reported in 1992 as Ngai Tahu Sea Fisheries, after the lands claim, Ngai Tahu, in 1991. 81 Muriwhenua, 228. 82 The first Waitangi Tribunal memorandum, concerning the initial allocation of quota under the QMS, was issued on 8 December 1986. The second concerned the Government’s proposal to bring more species under the QMS, and was issued on 30 September 1987. These memoranda are reproduced in Muriwhenua, 289-297. SEALORDDEAL 403 these rights were affected by the QMS in contravention of the section.83 The High Court, on this basis, granted an interim declaration that the Crown ought not to proceed with allocations of those species in Muriwhenua84 and, later, in all of New Zealand.85 The Crown was thus forced to negotiate with Maori.86 On 25 November 1987, a Joint Working Group, comprising four Crown and four Maori representatives,87 ...