Advancing the customary use debate in New Zealand : some policy considerations from a Pakeha perspective - a case study of the kuaka

Abstract

There has been increasing efforts, in recent years, by Maori to further restore customary use decision making rights. This has resulted in a continuing, and sometimes antagonistic, debate in New Zealand between 'preservationists and pro-harvesters'. However, the interested parties all have one key concern in common - a concern for the future well-being of the species. Maori express this concern in terms of providing the conditions for and maintaining a sustainable harvest while preservation lobby groups want this dealt with via the preservation ethic. Existing legislation such as the Wildlife Act 1953 is mostly interpreted so as to exclude Maori from decision making processes. Further, conservation legislation is interpreted from a preservationist perspective. However, New Zealand is signatory to, and has ratified, the Convention on Biological Diversity (CBD), which supports the development of sustainable use. I examined the issue of customary use decision making rights from the Pakeha perspective of national and international policy. I argue that government, in order to act consistently with the CBD and Article II of the Treaty of Waitangi, will need to involve Maori in the decision making process. Development of a national biodiversity strategy, the responsibility of the Department of Conservation, is seen as one vehicle for advancing policy and understanding in this area. It is recommended that the Crown and Iwi construct a process for the development of this strategy. Concurrently, government needs to facilitate a process to improve understanding between Maori and key preservation groups. I argue that unless some initiatives are taken soon many species' populations will continue to decline.