Adopting a Maori property rights approach to fisheries
Toki, V. (2010). Adopting a Maori property rights approach to fisheries. New Zealand Journal of Environmental Law, 14, 197–222.
Permanent Research Commons link: https://hdl.handle.net/10289/9559
For Maori, tikanga Maori or custom law not only underpinned the recognition of property rights to their fishery but also their environmental ethics and the sustainable management of that fishery. In comparison, the property right of non-indigenous peoples was sourced from a rights system determined by the State. The nature of these property rights, for Maori, has been acknowledged by legislation. The challenge for Maori is to effectively maintain, develop and manage this allocated resource in a way that will not only sustain the resource but also ensure its longevity both socially and economically for future generations. Among the issues Maori will face are how to balance effective governance and efficient management, together with the requirement to address global issues of over-fishing and property rights, all the while preserving and respecting tradition. Irrespective of these challenges, it is the tikanga, or philosophy, intrinsic to the traditional Maori worldview which will guide Maori through these challenges, and provide a way forward for global issues such as climate change.
University of Auckland
This article has been published in the journal: New Zealand Journal of Environmental Law. Used with permission.
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