Waitangi Tribunal declines claims on Maui’s dolphin 3 May 2016
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Waitangi Tribunal declines claims on Maui’s dolphin
The Waitangi Tribunal has found the Crown’s policy on the protection of the endangered Maui’s dolphin does not breach the Treaty of Waitangi.
In a report released today, the Tribunal found that while the Maui’s dolphin is a taonga to two North Island coastal hapu, the Crown had not breached its obligations under the Treaty.
The report concerns the claims of Ngati Te Wehi and Ngati Tahinga, two hapu based in and around Aotea Harbour on the west coast of the North Island. The claimants alleged the Crown’s 2013 Threat Management Plan for the Maui’s dolphin did not give due regard to their interests as kaitiaki of the dolphin.
The Tribunal found that the Maui’s dolphin is a taonga to the two hapu due to its endangered status. The claimants’ interests as kaitiaki therefore deserve the Crown’s active protection under the Treaty.
However the Tribunal found the Crown’s Threat Management Plan did not breach the Treaty. Based on the evidence it considered, the Tribunal was unable to conclude that the Crown’s processes lacked good faith or were unreasonable.
The Tribunal also found that, in addition to scientific evidence concerning the state of the Maui’s dolphin population, the Crown was entitled to take into account wider economic, social, and cultural considerations in deciding its 2013 Threat Management Plan.
While it was obliged to take into account the dolphin’s importance as a taonga to Maori, the Crown also owed Treaty duties to Maori with fisheries interests in the Maui’s dolphin habitat.www.waitangitribunal.govt.nz 2
Although the Tribunal said that the prospect that Maui’s dolphin may become extinct was of grave concern, ultimately it found that the claimants had not made out their claim to breaches of the Treaty.
– ENDS –
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