Oceans and Fisheries Minister Shane Jones agrees with Te Pāti Māori that an increase in the allowable commercial catch (TACC) for snapper would precipitate a breach of Te Tiriti o Waitangi.
“Ko tā te Pāti Māori e kōrero nei, ahakoa tūwehe kē ana ahau i ā rātou e whai ngako ana ngā kōrero ā rātou,” said Jones.
“What Te Pāti Māori is saying here, and I’ve had my fair share of disagreements with them in the past, has merit.”
The minister is referring to Te Pāti Māori fisheries spokesperson Takuta Ferris’ comments made on Monday afternoon saying an increase would reignite the debate over Māori fisheries rights.
“A decision to increase the TACC without redress and proportional increases to Māori quota will reignite the debate on the management of New Zealand’s fisheries and Māori fisheries rights. They should expect to bear the consequences,” Ferris wrote.
These comments were made off the back off a Wellington High Court interlocutory (provisional) judgment earlier this month over part of a complex case between Te Ohu Kai Moana Trustee Ltd, Te Ohu Kai Moana Trust and the Attorney-General.
“Nui noa atu te whakaohiti mai kua oti i te tiati te whakatakoto mai ki te kapu o te pepa.
“There are very clear warnings that the judge has issued.
“He whakaohiti mārika i a mātou, nā kua oti ahau te tohutohu atu ki āku āpiha me pēhea rānei tētahi rongoā ka kitea.
“We [government] have been clearly warned, and I have already instructed my officials to remedy the situation.
“Nā te mea e kite ana ahau ki te whiua tonutia tēnei take ki te aroaro o te kōti tēnā ko te ngātinga mō te taha ki ahau me aku āpiha,” said the NZ First deputy leader.
“Because I can see that if we continue to be dragged before the courts over this, then that could spell the end for me and my officials.”
Justice David Boldt was the judge considering the case in the Wellington High Court.
Although he dismissed the interlocutory application (seeking an immediate hold to the Fisheries Minister’s decisions on allowable commercial catch increases) on legal grounds, in his judgment he warned the Crown that Te Ohu Kai Moana had a strong case overall.
“It would be unwise for the Crown to ignore the possibility Te Ohu will ultimately be successful. Te Ohu has presented a very strong case.
“It follows that the Crown should at least be alert to the possibility of a declaration that the progressive loss of settlement quota breaches both the settlement and the Treaty, in a way which has resulted in long-term unfairness and harm to Māori,” the judge said.
The judge has reserved his overall decision on the case.