Ngai Tahu loses battle over fisheries allocation model

By IRENE CHAPPLE

South Island iwi Ngai Tahu has lost its fight against the Crown over the allocation of fisheries assets.

The judicial review was heard in the High Court at Auckland over three days and finished yesterday.

The case was brought by Ngai Tahu, which argued that Fisheries Minister Pete Hodgson had breached his duties by accepting the allocation model drawn up by the Treaty of Waitangi Fisheries Commission.

Ngai Tahu also argued that the model was unfair and unreasonable.

Ngai Tahu was particularly unhappy with the allocation of deepwater fishing quota.

Under the commission's model, this will be allocated on a 75:25 population-to-coastline basis.

The tribe has a long coastline and believes a fairer split would be 50:50, the calculation used in a previous, and subsequently abandoned, allocation model.

However, Justice Andrew McGechan agreed with the Crown that the minister had acted within his rights and that the commission, as a specialist body, could make the decision on an appropriate ratio split.

He said it was not the court's place to intervene in that decision.

Ngai Tahu chairman Mark Solomon said he was disappointed.

Shane Jones, chairman of the Treaty of Waitangi Fisheries Commission, said he was very pleased and it was time for Maori to move out of the court and into commerce.

More challenges follow - lawyer Donna Hall is taking a case which starts on Monday - but meanwhile the Government is continuing to draft fisheries allocation legislation, which is due to be introduced to Parliament before the end of the year.

The bill will authorise the allocation of $700 million of fisheries assets, given to Maori by the Crown over a decade ago in recognition of Treaty of Waitangi rights.