The settlement of the claim to fisheries by Maori is a political milestone. The Sealords Deal (the Deal) as it is commonly known, is the first settlement in New Zealand which extinguishes Maori claims to a particular resource. It affects all iwi and proposes the development of a process for the allocation of benefits. As such it needs to be considered in terms of other post-colonial nations� experiences in the resolution of claims to natural resources.
Canada, the United States and Australia provide examples of different attitudes and approaches to the resolution of claims to natural resources by their indigenous populations. A typical history of the resolution of claims to natural resources in post-colonial nations begins with initial European contact, followed by increased numbers of settlers which places pressure on governments and the judiciary to justify the acquisition and exploitation of land and other resources. This leaves the indigenous population landless and welfare dependent.
This pattern is reflected in judicial decision-making. In New Zealand, the courts initially acknowledged that the rights of Maori to their lands and other resources, existed unless specifically taken away. When pressure for acquisition of land occurred the courts responded by holding that Maori rights to resources only existed if specifically granted by a court or the legislature. This reversed the original presumption of existence of a right unless taken away.
It has only been recently that the New Zealand judiciary has reaccepted the common law doctrine of aboriginal title. This brings New Zealand more in line with Canada and the United States, but New Zealand still has some way to go in acknowledging the doctrine of fiduciary obligation of the Crown/government to Maori.
It is also helpful to analyse the changes that have taken place in governments� policies that have enabled the creation of an enviroment in which such a settlement can take place. The Labour governments of 1984 and 1987 began a number of policy initiatives which created a socio-economic climate and responsive enviroment favourable to the settlement of such a claim.
Changes are also occurring internationally. Indigenous people�s rights are coming to the fore with the proposed Universal Declaration on Indigenous Rights nearly in place.
All this change at a national and international level has only been possible by post-colonial nations acknowledging their past in order to move to the future with confidence. The Sealords Deal is an example of an attempt by Maori and the New Zealand government to make this move forward.
| Identifer | oai:union.ndltd.org:ADTP/266415 |
| Date | January 1993 |
| Creators | Aitken, Kristin P, n/a |
| Publisher | University of Otago. Department of Geography |
| Source Sets | Australiasian Digital Theses Program |
| Language | English |
| Detected Language | English |
| Rights | http://policy01.otago.ac.nz/policies/FMPro?-db=policies.fm&-format=viewpolicy.html&-lay=viewpolicy&-sortfield=Title&Type=Academic&-recid=33025&-find), Copyright Kristin P Aitken |
Page generated in 0.0015 seconds