23 Sep 2022

Māori leaders celebrate Sealord Deal 30 years on, warn of complacency

2:29 pm on 23 September 2022
A commercial fishing boat off the coast (file photo)

A commercial fishing vessel. File photo. Photo: 123RF

Thirty years to the day of one of the first major treaty settlements, those involved have gathered to take stock of what has become a billion dollar industry, but also the challenges ahead.

The Treaty of Waitangi fisheries settlement, popularly known as the Sealord Deal, was signed between Māori leaders and the Crown on 23 September 1992.

The settlement gave Māori a 50 percent stake in the Sealord fishing company, which was due to be sold, and protected Māori fishing rights and interests in perpetuity.

But it came after nearly a decade of challenge and legal battles, with lawyer Whaimutu Dewes representing iwi throughout much of that time.

He was then appointed to the then-Māori Fisheries Commission in 1989.

"We had to meet and overcome a lot of challenges - I'm not being euphemistic about that. At times we had to fight, and I mean go to court, first of all to win recognition for the right to fight, and then fight to protect the right," he said.

Dewes, who is now the chair of Sealord, said Māori fisheries were guaranteed under the Treaty.

But the government's introduction of the Quota Management System in 1984 removed statutory recognition of Māori customary rights, which triggered wave after wave of litigation and challenges to both the Waitangi Tribunal and the courts.

"We said that the property right that was confirmed and guaranteed in the Treaty of Waitangi was the right to fish, and that included the right to fish commercially," Dewes said.

"Therefore, on the basis of the injunction, the Crown was forced to negotiate with us."

From that came the Treaty of Waitangi Fisheries Commission, now known as Te Ohu Kaimoana.

It divvies the Māori quota among and represents 58 iwi organisations, and itself has a large portfolio in the industry.

Whaimutu Dewes, chairman of Sealord, addresses Iwi gathered for the commemorative signing of Nga Tapuwae o Maui in Auckland.

Whaimutu Dewes, chairperson of Sealord, addresses Iwi gathered for the commemorative signing of Nga Tapuwae o Māui in Auckland earlier this year. File photo Photo: Photo /TWOA

Its current chair, Rangimarie Hunia, said she was celebrating what is now a billion dollar Māori industry, providing income and jobs for iwi.

"When I share the idea that the settlement is over a billion dollars now, you know, there's a real humility in that and a real acknowledgement of what it takes to be able to get there," she said.

"There's lots to be grateful for, lots to be able to come together for, lots to remember and there's a lot of work for us to do about pitching a really strong future."

But the issues of 30 years ago were far different from those today.

Today, the sustainability of fisheries is a grave concern, the industry is under increasing scrutiny and, of course, climate change is here.

Rangatahi climate campaigner India Logan-Riley laid down a wero to the industry: are they a Māori business with associated obligations, or are they businesses with Māori.

"You know 30 years ago, 50 years ago was a really different time. The conversation around climate change was only just starting to emerge, so what we're dealing with now is a very different context that's asking even greater transformation of us."

Logan-Riley said it was an issue that would have to be confronted: does the industry match up to Māori views on sustainability?

"It's hard because this is the system that we're in and this is part of the compromises of survival that we've had to do in order to be able to make it through to where we are today," Logan-Riley said.

"It's so hard to put like a number value on our wellbeing, on our whenua, in the oceans."

India Logan-Riley addresses today's opening session of the COP26 summit in Scotland.

India Logan-Riley addressing the opening session of the COP26 summit in Scotland in February this year. File photo Photo: Youtube

Whaimutu Dewes said that was a challenge being heard loud and clear.

Rangimarie Hunia said it had become one of the main issues raised by iwi she worked with, and was responsible for representing.

Dewes said despite the celebration, there were other issues that Māori needed to be weary of too, particularly as the settlement phase nears its end.

30 years after one of the first major settlements, he said vigilance was needed.

The Crown continued to ride roughshod over Treaty rights, he said, pointing to the proposed Kermadec Sanctuary as one example, where Māori were not consulted.

"That is definitely one and we've all got our senses. Think of it as a perimeter defence, you've got sentries at each critical point," he said.

"We need to make sure that all of our antennae are on, and working, and working well."

The Crown should have it's antenna up as well, he said.

Ignoring treaty rights could imperil all the settlements to the detriment of everyone.

Get the RNZ app

for ad-free news and current affairs