PhD Thesis - Abstract

Customary Māori Freshwater Fishing Rights: an exploration of Māori evidence and Pākehā interpretations

University of Canterbury, 1996

The table of contents is listed below.

Abstract

This thesis explores the customary freshwater fishing rights of the New Zealand Māori through detailed examination of Māori evidence as to the nature and extent of these rights, and of Pākehā interpretations based upon both observation and upon Māori evidence. Most of the recorded evidence from Māori who exercised customary fishing rights in the nineteenth century was given in Pākehā institutions, notably the Native Land Court. The legal, political and intellectual context in which Māori gave their evidence is important for an understanding of Pākehā interpretations constructed from Māori evidence, and for the analysis of this evidence.

In the first part of the thesis, modern reinterpretations of customary Māori rights (based on both traditional Māori knowledge and recent research) are examined for an understanding of Māori concepts of their freshwater fishing rights. The development of successive Pākehā interpretations of Māori customary rights from the beginnings of Pākehā settlement is then traced and contextualized. Particular attention is paid to the Native Land Court minutes, the most comprehensive source for Māori statements on fishing rights. The impact of the Court on the way Māori gave evidence and on Pākehā interpretations of Māori tenure and rights, the Court's legislative framework and key methodological issues are analysed.

The second part of the thesis comprises four local case studies, which use Court evidence given by Māori to analyse in depth the nature and extent of freshwater fishing rights. Wairarapa Moana provides examples of both a large seasonal eel fishery, and a smaller-scale fishery in the fringing swamps. Lake Taupō is an example of a large lake fishery with a range of species, while the Whanganui River had a large and varied river fishery. The themes explored include the derivation of title and rights, the scale of fishing rights, relationships between land and fisheries, and issues of property rights, management and control.

Introduction

PART ONE: SETTING THE CONTEXT

Chapter 1: Twentieth Century Interpretations of Customary Māori Freshwater Fishing Rights: Contemporary views of Māori freshwater fishing rights; Customary Māori fishing rights in a contemporary legal context; The place of fishing rights in early to mid-twentieth century scholarly discussion
Chapter 2: Understanding the Context: The Evolution of Nineteenth Century Pākehā Interpretations of Fishing Rights: First contact and early settlement – pre-War Pākehā views of Māori rights; The War years and changing Pākehā views of Māori rights; The Native Land Court and Māori fishing rights; Nineteenth century Māori statements on tenure in the Pākehā domain
Chapter 3: Māori and the Native Land Court: The Pākehā framework – the Native Land Court machinery; Structuring evidence – Māori in the Native Land Court; The nature of the evidence – oral testimony and translation
Chapter 4: Customary Māori Freshwater Fishing Practices – An Overview: Freshwater food species; Capture methods; Stretching the resource – preservation and development; The social significance of fishing

PART TWO: THE CASE STUDIES

Chapter 5: The Wairarapa Moana Fishery: The Wairarapa Moana district; The Wairarapa fisheries; Māori occupation and control of the Wairarapa district; Pākehā appropriation of control of the Wairarapa fisheries; Ancestral fishing rights at the lake mouth; Direct and indirect rights at the lake mouth; Management and control of the lake mouth fishery; Derivation of rights in the upper lake fishery; Relationships between land, waters, and fishing rights in the upper lake; Management and control of the upper lake fisheries; The Wairarapa Moana fishery – a summary
Chapter 6: The Wairarapa Lake Fringe Fishery: The lake fringe fisheries; Ancestral rights to fishing resources in the lake fringe area; Derivation of fishing rights from other than take tupuna; Hapū, whānau and personal fishing rights; Division and accretion of fishing rights; Relationships between land, waters, and fishing rights; Aspects of management and control; The Wairarapa lake fringe fishery – a summary
Chapter 7: The Lake Taupō Fishery: The Taupō lakes district; The Taupō fishery; Māori occupation and control of the Taupō district; Pākehā appropriation of control of the Taupō fishery; Derivation of rights in the Taupō fishery; Hapū, whānau and personal fishing rights; Relationships between land, waters, and fishing rights; Property rights in the Taupō fishery; Aspects of management and control; The Lake Taupō fishery – a summary
Chapter 8: The Whanganui River Fishery: The Whanganui River district; The Whanganui River fishery; Māori occupation and control of the Whanganui River valley; Pākehā appropriation of control of the Whanganui fishery; Derivation of rights in the Whanganui fishery; Hapū, whānau and personal fishing rights; Relationships between land, waters, and fishing rights; Property rights in the Whanganui fishery; Aspects of management and control; The Whanganui River fishery – a summary

Conclusions

Glossary of Māori terms

Bibliography

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PhD Thesis - Abstract

Customary Māori Freshwater Fishing Rights: an exploration of Māori evidence and Pākehā interpretations

University of Canterbury, 1996

Abstract

Table of contents