CCPR/C/70/D/547/1993
Page 5
interests have been the subject of recommendation or adjudication by the Courts or the
Waitangi Tribunal."
Paragraph 5.2 reads:
"The Crown and Maori agree that in respect of all fishing rights and interests of Maori
other than commercial fishing rights and interests their status changes so that they no
longer give rise to rights in Maori or obligations on the Crown having legal effect (as
would make them enforceable in civil proceedings or afford defences in criminal,
regulatory or other proceedings). Nor will they have legislative recognition. Such rights
and interests are not extinguished by this Settlement Deed and the settlement it evidences.
They continue to be subject to the principles of the Treaty of Waitangi and where
appropriate give rise to Treaty obligations on the Crown. Such matters may also be the
subject of requests by Maori to the Government or initiatives by Government in
consultation with Maori to develop policies to help recognise use and management
practices of Maori in the exercise of their traditional rights."
The Deed recorded that the name of the Maori Fisheries Commission would be changed to the
"Treaty of Waitangi Fisheries Commission", and that the Commission would be accountable to
Maori as well as to the Crown in order to give Maori better control of their fisheries guaranteed
by the Treaty of Waitangi.
5.8 According to the authors the contents of the Memorandum of Understanding were not always
adequately disclosed or explained to tribes and sub-tribes. In some cases, therefore, informed
decision-making on the proposals contained in the Memorandum of understanding was seriously
inhibited. The authors emphasize that while some of the Hui were supportive of the proposed
Sealords deal, a significant number of tribes and sub-tribes either opposed the deal completely or
were prepared to give it conditional support only. The authors further note that the Maori
negotiators have been at pains to make clear that they had no authority and did not purport to
represent individual tribes and sub-tribes in relation to any aspect of the Sealords deal, including
the conclusion and signing of the Deed of Settlement.
5.9 The Deed was signed by 110 signatories. Among the signatories were the 8 Maori Fisheries
Negotiators (the four representatives and their alternates), two of whom represented pan- Maori
organisations 7 ; 31 plaintiffs in proceedings against the Crown relating to fishing rights, including
representatives of 11 iwi; 43 signatories representing 17 iwi; and 28 signatories who signed the
Deed later and who represent 9 iwi. The authors observe that one of the difficulties of
ascertaining the precise number of tribes who signed the Deed of Settlement relates to
verification of authority to sign on behalf of the tribes, and claim that it is apparent that a number
of signatories did not possess such authority or that there was doubt as to whether they possessed
such authority. The authors note that tribes claiming major commercial fisheries resources, were
not among the signatories.
7
The National Maori Congress, a non-governmental organisation comprising representatives from up to 45 iwi,
and the New Zealand Maori Council, a body which represents district Maori councils throughout New Zealand.