CCPR/C/70/D/547/1993
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claims to the commercial fishery. The outcome of the Fisheries Settlement is that Maori, who
constitute approximately 15% of the population of New Zealand, now have effective control of
New Zealand’s largest deep water fishing fleet and over 40% of New Zealand’s fishing quota.
The Settlement is the vehicle that has ensured Maori participation in the commercial fishing
industry - on terms set by Maori in a company in which Maori exercise effective control through
their shareholding and their representatives on the Board of Directors. According to the State
party, the Fisheries Settlement has placed Maori in an unprecedented position to expand their
presence in the market through the acquisition of further quota and fishing assets, as well as
through diversification in international catching, processing and marketing. This is a route that
the Treaty of Waitangi Fisheries Commission and its companies, as well as individual tribes, are
increasingly following. The Fisheries Settlement also specifically protects Maori noncommercial fishing rights and statutory regulations have been developed to ensure that provision
is made for customary food gathering and that the special relationship between Maori and places
of importance for customary food gathering is recognised.
7.2 Further, the State party notes that rights of minorities contained in Article 27 are not
unlimited. They may be subject to reasonable regulation and other controls or limitations,
provided that these measures have a reasonable and objective justification, are consistent with
the other provisions of the Covenant and do not amount to a denial of the right. In the case of the
Fisheries Settlement the State party had a number of important obligations to reconcile. It was
necessary to balance the concerns of individual dissentients against its obligations to Maori as a
whole to secure a resolution to fisheries claims and the need to introduce measures to ensure the
sustainability of the resource.
7.3 Moreover, the State party emphasizes that it is evident from the Memorandum of
Understanding that it was the common understanding of the Government and the Maori Fisheries
Negotiators that the settlement was conditional on confirmation of the Negotiators' mandate to
act on behalf of all Maori. Subject to this confirmation, the proposal stipulated that the Sealords
purchase would result in the settlement of all Maori rights and interests in New Zealand's
commercial fisheries, that the settlement would include the introduction of legislation to repeal
section 88(2) of the Fisheries Act 1983 and all other legislation conferring legal entitlements to
all Maori fisheries rights and interests, the discontinuance of all litigation in pursuit of Maori
rights or interests in commercial fishing and Maori endorsement of the Quota Management
System. The State party refers to the Court of Appeal’s decision in Te Runanga o Wharekauri
Rekohu v. Attorney-General, in which it was found that the proposal negotiated between the
Government and the Maori Fisheries Negotiators was consistent with the Government's duty
under the Treaty of Waitangi and that a failure to take the opportunity presented by the
availability of Sealords for purchase would have been inconsistent with that duty. The State
party further refers to similar sentiments expressed by the Waitangi Tribunal.
7.4
As regards the authors’ statement that the settlement received only limited support from
Maori, the State party recalls the process of consultation pursued by the Maori negotiators
following the initialling of the memorandum of understanding, on the basis of which the Maori
negotiators and subsequently the Crown concluded that there was a sufficient mandate for the
negotiation and execution of the Deed of Settlement. The State party refers to the opinion of the
Waitangi Tribunal that the report of the Maori negotiators conveyed the impression that there