Treaty of Waitangi (Fisheries Claims) Settlement Act (No. 121 of 1992).

This Act, consisting of 2 Parts and one Schedule, has three purposes: to give effect to the settlement of claims relating to Maori fishing rights, to make better provision for Maori non-commercial fishing rights and interests, and to make better provision for Maori participation in the management and conservation of New Zealand's fisheries. The Act refers in the Preamble to a Deed of Settlement which plays an important role in the interpretation of the Act. The Treaty of Waitangi confirms and guarantees to the Chiefs, tribes and individual Maori full, exclusive and undisturbed possession and te tino rangatiratanga of their fisheries. Against the background of the considerations set out in the Preamble, the Act makes provision for the purchase of Sealords by a joint venture with Brierly Investments Limited (sect. 5), the indemnification of the Treaty of Waitangi Fisheries Commission against liability for certain goods and service taxes (sect. 6), the authorization of a payment in accordance with the Deed of Settlement between Maori and the Crown (sect. 7), as well as dividend (sect. 8). Section 9 provides that the Act settled all existing and future claims (direct and indirect) by Maori in respect of commercial fishing, as well as disposing of all obligations of the Crown to Maori in respect of commercial fishing. The claims by Maori in respect of non-commercial fishing shall continue to give rise to Treaty obligations on the Crown, and that the Minister shall recommend the making of regulations under the Fisheries Act 1983 to recognise and provide for customary food gathering by Maori and the special relationship between tangata whenua and those places which are of food gathering importance subject to certain limitations (sect. 10).
Part II of the Act sets out a number of detailed important amendments to other enactments, which are very detailed. They concern the Maori Fisheries Act 1989, including repeal of particular sections, and provisions concerning the settlement of Maori claims relating to Maori fisheries, the Fisheries Act 1983 (quota system, total allowable commercial catch, restrictions on licences, etc.), the Treaty of Waitangi Act 1975, (in particular the limitation of the tribunal to deal with matters concerning commercial fishing, the Deed of Settlement, and any enactment to the extent that it deals with commercial fishing), the the Fishing Industry Board Act 1963, and the Conservation Act 1987, including the Conservation Law Reform Act 1987.