LINDSAY MITCHELL: A clash of rights and what follows

New Zealand is fast-approaching the mid-point of its annual whitebait season.

The Department of Conservation describes whitebait as a "precious taonga":

"Four of the six New Zealand whitebait species are classified as at risk or threatened. Whitebait fishing regulations were revised in 2021 to improve the sustainability of the species. "

The Whitebait Fishing Regulations 2021 state: "A person must not fish for whitebait in any waters or places in New Zealand (other than the Chatham Islands) except in the period starting on 1 September in any year and ending with the close of 30 October in the same year, or be in possession of any whitebait taken from any of those waters or places outside of that period."

However,  DOC states: "The Whitebait Fishing Regulations 2021 have never applied to Māori fishing rights. These fishing rights are guaranteed to tangata whenua under the Treaty of Waitangi/Te Tiriti o Waitangi. Freshwater Fisheries provisions of the Conservation Act do not affect Māori fishing rights."

In Canterbury Ngāi Tahu issues licences for Māori to fish outside of the 'recreational season'. Their 'customary season' starts mid-August and finishes at the end of November.

Not everybody is happy about this. A typical Facebook response reads: "So why does cultural rights give permits for an extended season? For what reason? The season is dated to protect the "taonga" is it not?.. I'm not sure that having a longer season benefits the species."

There are also accusations that people fishing on customary permits are taking huge loads and shopping them commercially. Dozens of  disgruntled comments followed a 2023 news item from The Hui, for instance:   

"Seeing Ngai Tahu Inc harvesting the spawning runs out of season, is SO disappointing. More so when it's then sold all over Town. This has a huge impact on sustainability, and ruins it all for future generations, regardless of if they're Maori or Kiwis."

Anecdotal maybe but DOC is vague about this activity saying, "Generally, commercial whitebait harvest and sale are unlikely to take place under customary whitebait fishing." It is sometimes necessary to remind oneself what DOC, working in tandem with iwi, actually stands for.

Meanwhile, out in the real world, extended 'customary seasons' have led to conflict and occasionally, violence between fishermen. DOC officers have donned stab-proof vests.

In June this year Te Ngāi Tū Āhuriri (a Ngāi Tahu hapu) placed a rahui on their upcoming customary season which oddly did not affect the recreational season. Is this a back down due to the problems caused by preferential access?

According to 1 News:

"Long-running disputes over access to whitebaiting sites and customary fishing rights have prompted Ngāi Tūāhuriri to place a temporary rāhui on customary whitebaiting activities at several rivers this year.

The hapū says the move was made because of escalating safety concerns after years of abuse and violence.

"Misunderstanding or ignorance of our rights and responsibilities has triggered violence, has triggered abuse, resentment," Ngāi Tūāhuriri Tangata Tiaki committee secretary Te Marino Lenihan said.

He said confrontations had become a regular feature of the season.

"It turns into physical abuse down here and it has turned violent and over these past five years almost every year ended up in hospital."

This outcome was probably inevitable. There are issues affecting the sustainability of whitebait fisheries like limitless catches and legal sale, which are already controversial. Some whitebaiters have an interest in conservation - some do not.

But different rules for Māori only exacerbate frustrations and add further potential for conflict. There is a lesson here with wider implications that too many seem determined to ignore.