Report Summary

In September 1984, the Tribunal received a claim from Tom Te Weehi and Reremoana Hauraki. They claimed that the Fisheries Act 1983 and regulation 8(b) of the Fisheries (Amateur Fishing) Regulations 1983 were contrary to the principles of the Treaty of Waitangi in restricting them in the exercise of fishing rights. They claimed to be prejudicially affected, as was evidenced by their prosecution for an alleged breach of the statute and regulations referred to (namely, possessing undersized paua).

In June 1985, the Tribunal of Chief Judge Eddie Durie (presiding), Sir Graham Latimer, and Paul Temm QC delivered its unanimous determination that it was ‘quite unwilling to deal with any matter that is still before the Courts lest in any way we embarrass the course of proceedings in the Courts’.

Mr Te Weehi was subsequently convicted in the District Court but successfully appealed the conviction to the High Court. Leave to withdraw the claim to the Waitangi Tribunal was granted, and the Tribunal issued its report on the matter on 6 May 1987.