-
2
-
-
0002498454
-
-
See "In the Abyss" New Zealand Herald 7 August at J5.
-
(1999)
-
-
Lewis, K.1
-
3
-
-
0002470773
-
-
Squid are to be found in summer and groper in the winter. Both of these species are favoured in the diet of the male Sperm whale.
-
-
-
-
4
-
-
0002644229
-
-
Please note that I am not a Maori. Accordingly, all the following paragraphs detailing mythology, must be viewed with the limitations that any such cross-cultural story-telling involves.
-
-
-
-
5
-
-
0002585366
-
-
Resolutions from Hui-A-Iwi on the Sustainable Utilisation of Marine Mammals. Resolution 1; noted in Te Ohu Kai Moana The Sustainable Use of Renewable Resources New Zealand and the International Whaling Commission Wellington
-
(1997)
, pp. 5
-
-
-
8
-
-
0002668361
-
-
See Department of Conservation Marine Mammals in New Zealand Fact Sheet No. 2 (Department of Conservation, Nelson
-
(1996)
, pp. 1
-
-
-
10
-
-
0002608683
-
-
"Conservation Minister's Speech on South Pacific Whale Sanctuary Proposal to the International Whaling Commission Annual Meeting in Adelaide" (Press Notes) (on file).
-
(2000)
-
-
Lee, S.1
-
11
-
-
0002482522
-
-
Apparently, it was this affiliation with the whale that was, in part, a catalyst from which the concept of "whale-watching" evolved in Kaikoura: Whalewatch Development of Whale and Dolphin Watching in New Kaikoura
-
(1997)
, pp. 3
-
-
-
13
-
-
0002666430
-
-
According to TKM, "[W]hale species were considered a taonga (treasured possession) under the Treaty": Te Ohu Kai Moana, note 5 at 2.
-
-
-
-
14
-
-
0002644233
-
-
Ngai Tahu Claims Settlement, s. 293 (b) (2 New Zealand Statutes No. 97) (New Zealand).
-
(1988)
-
-
-
15
-
-
0002591907
-
-
Maori have always considered whale bone and teeth to be a symbol of high rank and prosperity. The bone was sought after by carvers who fashioned it into combs, ceremonial paddles, pendants, hooks or weapons. The oil used for lamps and as a lubricant for wood: S. Ell There She Blows! (Bush Press, Auckland:) 6. See also Te Ohu Kai Moana, note 5 at 2.
-
(1995)
-
-
-
17
-
-
0002666434
-
-
Although some tribes may have hunted dolphins; see I. Smith "Prehistoric Sea Mammal Hunting in Palliser Bay" in B.F. Leach and H. McLean (eds) Prehistoric Man in Palliser Bay (Museum of New Zealand, Wellington: 1979) Ohu Kai Moana Beached Whales as Food: Cetaceans and Maori Customary Use (Te Ohu Kai Moana, Wellington: 1997) 2; M.W. Cawthorne Meat Consumption from Stranded Whales and Marine Mammals in New Zealand: Public Health and of Conservation, Wellington
-
(1997)
, pp. 5
-
-
-
19
-
-
0002672363
-
-
Seals were actively hunted by Maori and all parts were used. By the time the Europeans arrived in the country the New Zealand (Hooker's) sea lion had been eradicated from the mainland. This slaughter of fur seals with the arrival of European sealing gangs in 1792. By 1894, they were protected and saved from extinction.
-
-
-
-
20
-
-
0002668369
-
-
See Department of Conservation, note 8 at 1.
-
-
-
-
21
-
-
0002573130
-
-
"Whale strandings were the primary source of large cetaceans." see Te Ohu Kai Moana, note 5 at 2.
-
-
-
-
25
-
-
0027807956
-
-
See "Increase Rates in Severely Depleted Stocks of Baleen Whales"
-
(1993)
Marine Science
, vol.50
, pp. 169-186
-
-
Best, P.B.1
-
26
-
-
0002586575
-
-
See "Ancient Salvage Set Up Maori Whaling Rights" New Zealand Herald 13 March 1997; Ngai Tahu Sea Fisheries Waitangi Tribunal Report 87 at 291 (New Zealand); H. Evision Te Waipounamu (Aroki Press, Wellington: 1993) 88.
-
(1992)
-
-
Ferguson, A.1
-
27
-
-
0002493591
-
-
The IWC is established under the 1946 International Convention for the Regulation of Whaling 161 UNTS 72. This Convention is the central instrument dealing with matters pertaining to whaling on the high seas.
-
-
-
-
28
-
-
0002666436
-
-
Such as the small cetaceans who were named Pelorus Jack, Opononi, Horace, Maui, and Opo.
-
-
-
-
29
-
-
0002480278
-
-
Ministry of Foreign Affairs and Trade (MFAT) International Environmental Issues: A New Zealand Perspective (Information Bulletin Number 50) (Ministry of Foreign Affairs and Trade, Wellington:)
-
(1994)
, pp. 37
-
-
-
30
-
-
0002658236
-
-
"Opening Statement by New Zealand" IWC/47/OS
-
(1995)
-
-
-
31
-
-
0002588512
-
-
"Opening Statement by New Zealand" IWC/48/OS
-
(1996)
-
-
-
32
-
-
0002614165
-
-
"Opening Statement by New Zealand" IWC/46/OS
-
(1994)
-
-
-
34
-
-
0002482526
-
-
In 1982 a moratorium on commercial whaling was achieved. The amended s. 10(e) of the Schedule to the ICRW provided, "[N]otwithstanding the other provisions of paragraph 10, catch limits for the killing of commercial of whales from all stocks... shall be zero.": International Whaling Commission Chairman's Report of the 34th Meeting (International Whaling Commission, Cambridge: 1982) 3. The moratorium has been maintained since uncertainties pertaining to scientific aspects of the revised management scheme and concerns about how it will be administered and policed.
-
-
-
-
36
-
-
0002608687
-
-
Note 32.
-
-
-
-
37
-
-
0002482528
-
-
Ibid.
-
-
-
-
38
-
-
0002583863
-
-
For the most authorative studies on whalewatching, see the International Fund for Animal Welfare (IFAW) series on the Scientific Aspects Special Aspects of Sperm Whales (1996), Socioeconomic Aspects (1997), Legal Whalewatching (1997) and Educational Values (1997). 45th Annual Meeting (1993).
-
(1995)
-
-
-
39
-
-
0002644235
-
-
Whalewatch have been awarded the prestigious 1997 Pacific Asia Travel Association Gold Award, 1997 Green Globe Award, 1995 Kaikoura Tourism Award, 1994 British Airways Tourism for Tomorrow Award, and the 1990 New Industry Federation Award. For further information see Whale Watch™ at (12 June
-
(2001)
-
-
-
40
-
-
0002496389
-
-
The economic success alone is cause for consideration, especially when the impact is seen in relation to a previously economically depressed region. For example, in 1987, around 3,400 tourists passed through the visitor numbers had risen to 27,500. By 1995, the figure was believed to be close to 100,000 visitors per year. The direct financial rewards to Kaikoura (apart from over 30 per cent of employment being directly whale-watch industry) are around the order of NZ$ 30 million per year, in addition to a further NZ$36 million in 'downstream' effects" New Zealand Response to IWC Questionnaire" in R. Gambell The IWC and Whale-Watching (International Whaling Commission, Cambridge: 1995) 7, 12; see also J. Warren and C. Taylor Developing Eco-Tourism in New Zealand (New Zealand Institute for Social Research and Development, Wellington
-
(1994)
, pp. 39-47
-
-
-
41
-
-
0002573132
-
-
Marine Mammals Protection Act (New Zealand).
-
(1978)
-
-
-
42
-
-
0002480280
-
-
Department of Conservation "Whalewatching Kaikoura" (Internal Correspondence, 22 December (on file).
-
(1997)
, pp. 1
-
-
-
43
-
-
0002608691
-
-
Whalewatch, note 11 at 3.
-
-
-
-
44
-
-
0002588514
-
-
The Three Year Permit from the then Minister of Conservation, Helen Clarke, was issued on 17 October (on file).
-
(1988)
-
-
-
45
-
-
0002615563
-
-
Although the Kaikoura Tours and Nature Watch Charters permits were re-issued as marine mammal watching permits under the 1990 Regulations, it was not until August 1996 that both permits were transferred to Whalewatch Kaikoura.
-
-
-
-
46
-
-
0002644237
-
-
By the end of 1997, DoC had 16 "live applications" before them: Department of Conservation, note 42 at 8. These were subsequently declined in 1998 due to the moratorium.
-
-
-
-
47
-
-
0002493599
-
-
In early October 1992, following the release of the "Gordon Report", DoC was of the opinion that the "conclusions reached" indicated that "a cautious approach to the issuing of any further permits" should be such, Mansfield stated that "it is my preliminary view that it may be possible to issue one further permit, provided the operation is carefully monitored": Department of Conservation "Letter to Whalewatch" 6 October 1992 at 2-3 (on file).
-
-
-
-
48
-
-
0002676129
-
-
Department of Conservation Conservation Newsrelease (25 November
-
(1992)
-
-
-
49
-
-
0002498456
-
-
Conservation Act 1987, s. 4 (New Zealand).
-
-
-
-
50
-
-
0002673642
-
-
Resource Management Act Art. 8 (New Zealand).
-
(1991)
-
-
-
51
-
-
0002493228
-
-
Marine Mammal Protection Act s. 6 (New Zealand).
-
(1978)
-
-
-
52
-
-
0002673644
-
-
Marine Mammal Protection Regulations (SR 1990/287) (New Zealand).
-
(1990)
-
-
-
53
-
-
0002480282
-
-
Marine Mammal Protection Regulations (SR 1992/322) (New Zealand).
-
(1992)
-
-
-
54
-
-
0002563036
-
-
Sir Tipene O'Regan "Fax to the Conservation Minister, Dennis Marshall" (4 April 1999) (on file). Note, 1840 Treaty of Waitangi, Art. II involved the guarantee of the Crown to Maori, that it would protect their were in their possession, unless they freely decided to give them up; for a discussion of the Treaty of Waitangi see C. Orange The Treaty of Waitangi (Auckland University Press, Auckland
-
(1987)
-
-
-
55
-
-
0002496394
-
-
Department of Conservation Conservation Newsrelease (18 July 1991) 4 (quoting Bill Mansfield, the Director General of DoC).
-
-
-
-
56
-
-
0002673646
-
-
Department of Conservation "Letter to Whalewatch" (6 October (on file).
-
(1992)
-
-
-
57
-
-
0002494471
-
-
Ngai Tahu Press Release (7 October reported as "Permit Review Revives Whale-Watch Row" New Zealand Herald 8 October 1992.
-
(1992)
-
-
-
58
-
-
0002673193
-
-
Note 52.
-
-
-
-
59
-
-
0002493603
-
-
Note 53.
-
-
-
-
64
-
-
0002493605
-
-
Baker and MacGibbon, note 60 at 1, 43, 45
-
-
-
-
65
-
-
0002493234
-
-
Ibid at 45.
-
-
-
-
66
-
-
0002591922
-
-
Ibid.
-
-
-
-
67
-
-
0002493607
-
-
Marine Mammal Regulations s. 19 (New Zealand).
-
(1992)
-
-
-
68
-
-
0002614167
-
-
Department of Conservation Conservation Newsrelease 18 July at 3 (quoting Mansfield).
-
(1991)
-
-
-
69
-
-
0002644239
-
-
Baker, note 60 at 2.
-
-
-
-
70
-
-
0002668770
-
-
Note 61.
-
-
-
-
71
-
-
0002608695
-
-
However, it has been suggested that the majority of the whales were not in this category; see S. J. Childerhouse, S.M. Dawson, and E. Slooten "Abundance and Seasonal Residence of Sperm Whales at Kaikoura, New Dawson et al, note 62 at 2.
-
(1995)
Canadian Journal of Zoology
, vol.73
, pp. 721-731
-
-
-
72
-
-
0002573144
-
-
Although it was noted that even the most tolerant whale was still affected (in terms of their acoustic behaviour) by the whale watching vessels: Gordon, note 61 at 3
-
-
-
-
74
-
-
0002615567
-
-
Ibid at 3.
-
-
-
-
75
-
-
0002573146
-
-
Ibid. See also, WWF-NZ "Media Release: Whales-Overwatched" (14 October
-
(1994)
-
-
-
76
-
-
0002673650
-
-
This report concluded that "it would be prudent not to grant any further permits for dolphin watching, and not to allow any increase in the number of boat trips allowed per day or the number of swimmers allowed in the any one time": Slooten and Barr, note 63 at 29, para 4.
-
-
-
-
77
-
-
0002673198
-
-
At the end of November 1992, DoC replied to Ngai Tahu: "[I] am constrained by the Marine Mammal Protection Regulations 1990 to follow the criteria and requirements listed there. Maintaining the economic permit holder is not a factor which the Regulations allows me to take into account
-
(1992)
-
-
-
78
-
-
0002673652
-
-
See Business and Economic Research Ltd Report on the Possible Economic Effects of the Issuing of a Further Whalewatch Licence 13 (on file).
-
(1994)
-
-
-
79
-
-
0002668774
-
-
Whalewatch "Letter to Department of Conservation" (28 October 1992) (on file). This letter was based upon an economic position paper: Corson Associates Competition, Monopoly and the Use of Public Resources by the Industry (22 August (on file)
-
(1992)
-
-
-
80
-
-
0002478582
-
-
Ngai Tahu Maori Trust Board et al. v. Director General of Conservation (High Court, CP No. 841/92, unreported, New Zealand).
-
(1994)
-
-
-
81
-
-
0002585375
-
-
With regard to the issue of economic competition, Neazor J did not directly address the concern as he was not able to contemplate the economic effects on the permittees which would result from the issuing of the opinion that it was likely that the case would go to appeal and that, consequently, the issue would be dealt with indirectly. He noted with approval an earlier judgement in Thompson v. Commission of Enquiry into District Court of Wellington [1983] NZLR (New Zealand Law Reports) 98 at 117 (New Zealand) which stated that "by virtue of filing the appeal and receiving a stay, the applicants will achieve, by the stay, the very on a successful appeal without having to argue it."
-
-
-
-
82
-
-
0002676134
-
-
With regard to the question of the Treaty of Waitangi, Neazor J was direct in his statement that: "[I] have considerable doubt that [restricting further whale watching operations] should [be allowed] since proceedings has been related to whalewatching from seacraft as a modern extension of rights asserted by the plantiffs to be based on the Treaty of Waitangi and the requirement in the statute that the Conservation Act administered so as to give effect to the principles of the Treaty": Ngai Tahu Maori Trust Board et al v. Director General of Conservation, note 80 at 6.
-
-
-
-
83
-
-
0002673654
-
-
Ngai Tahu Maori Trust Board v. Director General of Conservation [1995] 3 NZLR 553 at 561 (New Zealand). For a criticism of this case as "dubious and unsatisfactory...[which] involves contentious political questions", "Ngai Tahu Whale Watch Case" No. 125 Federated Mountain Club Bulletin 30-31.
-
(1996)
-
-
-
84
-
-
0002586584
-
-
3 NZLR 559 (New Zealand).
-
(1995)
-
-
-
85
-
-
0002644241
-
-
Ibid at 560.
-
-
-
-
86
-
-
0002480284
-
-
Ibid at 559-560.
-
-
-
-
87
-
-
0002493236
-
-
Ibid at 559.
-
-
-
-
88
-
-
0002668776
-
-
Ibid at 560-561.
-
-
-
-
89
-
-
0002673203
-
-
Ibid at 561.
-
-
-
-
90
-
-
0002676136
-
-
Ibid at 560.
-
-
-
-
91
-
-
0002583868
-
-
Ibid.
-
-
-
-
92
-
-
0002668778
-
-
Mansfield, noted in "Review Whale Permit, DoC Told" Christchurch Press 25 September
-
(1995)
-
-
-
93
-
-
0002673656
-
-
Department of Conservation "Letter to Whalewatch" (19 October (on file).
-
(1995)
-
-
-
94
-
-
0002482531
-
-
Department of Conservation, note 42.
-
-
-
-
95
-
-
0002672373
-
-
Whalewatch "Fax to Bell Gully" (13 November (on file).
-
(1995)
-
-
-
96
-
-
0002608697
-
-
Department of Conservation "Letter to Whalewatch" (11 October (on file); also, Department of Conservation "Letter to Ngai Tahu" (11 October 1996) (on file).
-
(1996)
-
-
-
97
-
-
0002615569
-
-
The "five year moratorium as a minimum" demanded by Whalewatch prompted the Director General to request "further information, to enable [him] to reach a principled and factually based decision": Department of "Letter to Whalewatch" (11 July 1996) (on file). Eventually, DoC concluded that the information that Whalewatch had finally provided on the future costs of fully developing the industry (as opposed to just the Whalewatch's non-commercial focus in places were not legitimate concerns that were to be taken into account: Department of Conservation "Letter to Whalewatch" (1 July (on file).
-
(1998)
-
-
-
98
-
-
0002644243
-
-
Department of Conservation "Letter to Whalewatch" (6 July (on file). This was earlier announced in the New Zealand Herald: "New Permits Out as Close Watch Kept on Whales" New Zealand Herald 16 January 1998 at A14.
-
(1998)
-
-
-
100
-
-
0002588520
-
-
As the taking of marine mammals by Maori was on an opportunistic basis, few records exist.
-
-
-
-
102
-
-
0002493238
-
-
Ibid at 6.
-
-
-
-
103
-
-
0002470781
-
-
Department of Conservation Protocol for the Management of Whale Strandings in Ngatiwai Rohe Including the Recovery of Bone by Ngatiwai and the Provision of Scientific Samples reprinted in Department of Conservation Management in New Zealand/Aotearoa (Department of Conservation, Wellington: 1999) Doc 1. 5, 'Iwi Mandate' (Ngati Wai Protocol).
-
(1998)
, Issue.PART 5
-
-
-
104
-
-
0002493609
-
-
Marine Mammal Protection Act s. 4 (New Zealand) makes it illegal for any person to "take" any marine mammal, "whether alive or dead, in or from its natural habitat" without a licence. "Take" was defined as flense, render down, or separate any part from a carcass."
-
(1978)
-
-
-
106
-
-
0002614169
-
-
(Te Ohu Kai Moana, Wellington: 1999) 44. TKM reiterated that this was "another attempt to extinguish Maori customary use of marine mammals by making it illegal to utilise whales in all ways"; see Te Ohu Kai Moana, note 5 at 4.
-
Te Ohu Kai Moana Hui-A-Tau Report: 1999
-
-
Tairoa, A.1
-
107
-
-
0002672375
-
-
Note 103. The DoC has also been active in helping develop a knowledge basis for Sperm Whale Jaw Removal and Preparation: Department of Conservation Conservation Advisory Science Notes, Number 65 (Department of Conservation, Wellington
-
(1997)
-
-
-
109
-
-
0002478584
-
-
Ngati Wai Protocol, note 103, Pt 3 "Current Marine Mammal Legislation".
-
-
-
-
110
-
-
0002588522
-
-
Ibid, Pt 1 "Background".
-
-
-
-
111
-
-
0002496396
-
-
"[I]t is hoped that oil and meat will also be taken in the future": Te Ohu Kai Moana, note 5 at 4.
-
-
-
-
113
-
-
0002493240
-
-
See the Ngati Wai Protocol, note 103, "Recovery of Bone by Iwi"; Cawthorn, note 17 at 1.
-
, Issue.PART 8
-
-
-
114
-
-
0002676140
-
-
World Wildlife Fund Are Chemicals Killing Whales? (WWF, Washington
-
(1999)
, pp. 2
-
-
-
115
-
-
0002482535
-
-
For recognition of this problem within the IWC since the 1990s see, International Whaling Commission Report of the IWC (IWC, Cambridge: 1991) 41:49; International Whaling Commission Report of the IWC (IWC, International Whaling Commission Report of the IWC (IWC, Cambridge: 1993) 44:35-36; and IWC Resolution 1994-13; IWC Resolution 1995-10; IWC Resolution 1996-8; IWC Resolution 1997-7; IWC Resolution 1998-5; IWC some general discussions of this problem see, S. Tanabe et al "Global Pollution of Marine Mammals by PCBs, DDTs and HCHs" 12 Chemosphere 1269-1275; Environmental Investigation Agency Storm Warning: The Dolphins and Porpoises (EIA, London: 1999)
-
(1983)
, pp. 12-15
-
-
-
116
-
-
0002588524
-
-
With regard to New Zealand, the only study to date suggests that with regard to only the persistent organic pollutant (polychlorinated biphenyl) upon the singular (small and endemic) cetacean, Hector's concentrations detected in New Zealand dolphins are considerably lower than concentrations in northern Hemisphere cetaceans": P.D. Jones Analysis of Organic Contaminants in New Zealand Marine Mammals (Department of Conservation, Wellington
-
(1998)
, vol.1
, pp. 4-5
-
-
-
117
-
-
0002676142
-
-
"Organochlorines and Mercury in Pilot Whale Blubber Consumed by Faroe Islanders" 149 The Science of the Total Environment. 97-111.
-
(1994)
-
-
Simmonds, M.P.1
-
118
-
-
0002585377
-
-
International Whaling Commission "Resolution on Human Health Effects from the Consumption of Cetaceans" IWC/51/45
-
(1999)
-
-
-
119
-
-
0002496398
-
-
Department of Conservation DoC Policy on Disposal of Bone and Meat from Stranded Whales (Department of Conservation, Wellington
-
(1996)
, pp. 2
-
-
-
121
-
-
0002583870
-
-
At the 1999 Hui on Maori customary rights to whales, Curtis Walker, a veterinarian, summarised work he had undertaken for the Maori Health Committee of the Health Research Council. His report suggested that: the transmission would appear to be low with experience and appropriate hygiene precautions
-
(1997)
-
-
-
123
-
-
0002614171
-
-
At the 1999 Hui, Milton Freeman argued that although there were distinct health risks posed to the Inuit from eating marine mammals, the recommendation was that they should continue to do so, as the benefits the potential harmful pollutants July
-
(1999)
-
-
-
124
-
-
0002673207
-
-
Global Survival Network Polar Exposure: Environmental Threats to Arctic Marine Life and Communities (GSN, Washington
-
(1999)
, pp. 16
-
-
-
125
-
-
0002494473
-
-
Personal Conversation with Anton van Helden, Museum of New Zealand (12 October Note however, that the way these figures are presented may be somewhat misleading. First, it is normally only in mass strandings of refloating is an option. Solitary strandings are normally of old, dying or injured whales. Mass strandings of pilot whales (and dolphins) are the ones where most success in refloating is achieved, with a target of 60 Finally, it is important to note that the refloating figure may be somewhat skewed due to a mass standing in Stewart Island in the late 1990s, in which refloating the stranded cetaceans was very difficult due in 1992, 200 of 300 cetaceans stranded in Golden Bay could be successfully refloated. I would like to thank Andrew Baxter for this piece of useful information.
-
(1999)
-
-
-
126
-
-
0002583872
-
-
Department of Conservation Marine Mammals in New Zealand: Fact Sheet 'Strandings' (Department of Conservation, Wellington
-
(1996)
-
-
-
128
-
-
0002563893
-
-
See, Marine Mammal Protection Act 1978, s. 18 (New Zealand).
-
-
-
-
129
-
-
0002666445
-
-
Ngati Wai Protocol, note 103, "Euthanasia and Determination of Death". It is important to note that this sentence may be out of context. That is, the sentence suggests that before euthanasia is carried out, iwi wish to carry out certain rituals. For this reason, it is important that every effort be made to inform iwi well in advance of any decision to euthanase. However, if they are not present, the decision should be made on humane considerations.
-
, Issue.PART 2
-
-
-
130
-
-
0002668780
-
-
For example, it appears the Moriori clearly took them while they were still alive; see R. Richards Whaling and Sealing of the Chatham Islands. (Roebuck, Canberra
-
(1982)
, pp. 7
-
-
-
132
-
-
0002573148
-
-
World Council of Whalers "Hui a Iwi: Maori Customary Rights to Whales" (August No. 7 World Council of Whalers News (Official Newsletter).
-
(1999)
-
-
-
133
-
-
0002586586
-
-
See text at and accompanying notes.
-
-
-
-
134
-
-
0002483272
-
-
World Council of Whalers Facts and Issues see WCW website at: (12 June 2001)
-
(1998)
-
-
-
135
-
-
0002586588
-
-
Ibid.
-
-
-
-
136
-
-
0002573150
-
-
th Meeting of the IWC at (12 June
-
(2001)
-
-
-
137
-
-
0002658242
-
-
World Council of Whalers "Resolution of the First Annual General Meeting of the WCW" (April No. 1 WCW Newsletter Point 2.
-
(1998)
-
-
-
139
-
-
0002493244
-
-
Ibid
-
-
-
-
141
-
-
0002673658
-
-
The WCW has attacked aspects of the aboriginal subsistence hunt mechanism within the IWC and have claimed that with regards to aboriginal whaling, a "commercial" nexus "in itself is not evil": Ibid. In addition, it that "[W]hen a non-endangered species is sustainably harvested, the distinction between commercial and subsistence whaling has no conservation significance": World Council of Whalers "Conclusion" (3 August No. 2 WCW Newsletter.
-
(1998)
-
-
-
143
-
-
0002498458
-
-
See "Hui To Discuss Whale Hunting Rights" 35 Tangaroa 4.
-
(1997)
-
-
-
145
-
-
0002585381
-
-
Te Ohu Kai Moana Treaty of Waitangi Fisheries Commission: Annual Report, 1998 (Te Ohu Kai Moana, Wellington
-
(1999)
, pp. 26-27
-
-
-
146
-
-
0002673660
-
-
See "Maori Whaling Faces Two Hurdles" New Zealand Herald 25 August 2000; "Banned PR Man Quits" New Zealand Herald 30 September 2000; "Gone Whaling - Not" New Zealand Herald 30 September 2000.
-
-
-
-
147
-
-
0002467680
-
-
World Council of Whalers "Treaty of Waitangi Fisheries Commission Joins WCW" No. 1 WCW Newsletter.
-
(1998)
-
-
-
148
-
-
0002658245
-
-
Ibid.
-
-
-
-
150
-
-
0002586590
-
-
National Maori Congress International Committee "Report of a Congress Attendance at the United Nations Conference on Environment and Development" (Preparatory Committee Meeting IV, United Nations, New York
-
(1992)
, pp. 15
-
-
-
151
-
-
0002588526
-
-
Ibid at 15.
-
-
-
-
152
-
-
0002608699
-
-
Ibid.
-
-
-
-
153
-
-
0002478586
-
-
Ibid at 16.
-
-
-
-
154
-
-
0002482537
-
-
Ibid.
-
-
-
-
155
-
-
0002676144
-
-
Ibid.
-
-
-
-
156
-
-
0002467682
-
-
Ibid.
-
-
-
-
157
-
-
0002673209
-
-
Council Directive 83/129/EEC of 28 March 1983 Concerning the Importation Into Member States of Skins of Certain Seal Pups and Products Derived Therefrom. This was very much focused upon "the effect of the conservation and population status of hooded seals." In particular, it was noted that "hunting, as traditionally practiced by the Inuit people, leaves seal pups unharmed and it is therefore appropriate to see Inuit people are not affected." Accordingly, the Directive "shall only apply to products not resulting from traditional hunting by the Inuit people": Preamble and Art. 3.
-
-
-
-
158
-
-
0002586592
-
Dorman "Whales, the U.S. Pelly Amendment, and International Trade Law"
-
See G. Geturddottir (ed) (Fisheries Institute, University of Iceland, Reykjavik: 1996) 89-98; S. Charnovitizm "Environmental Trade Sanctions and the GATT: An Analysis of the Pelly Amendment on Foreign Environmental Hallensvedt (ed) Additional Essays on Whales and Man (High North Alliance, Oslo
-
(1996)
Whaling in the North Atlantic
, pp. 29-38
-
-
Ted, L.1
-
159
-
-
0002467684
-
-
International Whaling Commission Chairman's Report of the 34th Meeting (International Whaling Commission, Cambridge
-
(1982)
, pp. 3
-
-
-
160
-
-
0002482539
-
-
International Whaling Commission Twenty-Fourth Report of the International Whaling Commission (International Whaling Commission, Cambridge
-
(1974)
, pp. 24-25
-
-
-
161
-
-
4243384220
-
"The International Whaling Commission and Aboriginal/Subsistence Whaling: April 1979-July 1981" reprinted in International Whaling Commission Aboriginal/Subsistence Whaling
-
See Report of the International Whaling Commission (Special Issue No. 4) (International Whaling Commission, Cambridge: 1982)
-
(1981)
, pp. 79-85
-
-
Donovan, G.P.1
-
162
-
-
0002583874
-
-
International Whaling Commission Thirty-Ninth Report of the IWC (International Whaling Commission, Cambridge
-
(1989)
, pp. 19
-
-
-
163
-
-
0027725787
-
"International Management of Whales and Whaling: An Historical Review of the Regulation of Commercial and Aboriginal Subsistence Whaling"
-
See
-
(1993)
Arctic
, vol.46
, pp. 103
-
-
Gambell, R.1
-
164
-
-
0002494475
-
-
International Whaling Commission Forty-Third Report of the International Whaling Commission (International Whaling Commission, Cambridge
-
(1993)
, pp. 19
-
-
-
165
-
-
0002658247
-
-
For a full discussion of this issue see, Gillespie, note 140.
-
-
-
-
166
-
-
0002493246
-
-
"Hui on Tribal Rights to Whales" New Zealand Herald 11 March
-
(1997)
-
-
Ferguson, A.1
-
167
-
-
0002676146
-
-
"Tribe Wants Return to Fur Seal Harvest" New Zealand Herald 16 August 1996; A. Ferguson "Soulfoul Gaze Makes Seal Tough to Beat" New Zealand Herald 17 August
-
(1996)
-
-
Ferguson, A.1
-
168
-
-
0002586594
-
-
noted in "Ngai Tahu to Push for Whale Management Role" Dominion 14 March
-
(1997)
-
-
Rakihia, T.1
-
169
-
-
0002483274
-
-
noted in "Tribal Whaling Rights Debated" Dominion 11 March 1997.
-
(1997)
-
-
Hapi, R.1
-
170
-
-
0002586596
-
-
Ibid.
-
-
-
-
171
-
-
0002644247
-
-
noted in "Maori Whalers Told to 'Find Another Dream'" Dominion 13 March
-
(1997)
-
-
Wilkie, B.1
-
172
-
-
0002478588
-
-
See the discussion above at
-
-
-
-
174
-
-
0002586598
-
-
See World Council of Whalers "Press Release: WCW Opens Secretariat in Port Alberni, British Columbia" Matt Stabler commented that such acts of intimidation raise human rights concerns that would be condemned in the arena. This release is noted in Jenkins and Romanzo, note 173 at
-
(1997)
, pp. 84-85
-
-
-
176
-
-
0002672377
-
-
noted in Te Ohu Kai Moana, note 5 at 4. See also A. Ferguson "Leader Tired of 'Hysteria' From Whales Lobby" New Zealand Herald 12 March
-
(1997)
-
-
O'Regan, A.1
-
177
-
-
0002585385
-
-
TKM "support[s] the right of other indigenous and coastal peoples to sustainably use renewable whale resources within their traditional territory...": Note 147 at 26-27; Te Ohu Kai Moana, note 5 at 4.
-
-
-
-
178
-
-
0002673664
-
-
Resolution 4. This is reprinted in Te Ohu Kai Moana Maori Rights to Whale Use (Te Ohu Kai Moana, Wellington
-
(1998)
, pp. 5-6
-
-
-
179
-
-
0002658249
-
-
note 5 at 3. TKM "supports indigenous peoples being directly involved in the harvest and management of species in the wild": Te Ohu Kai Moana, note 5 at 1.
-
-
-
Kai Moana, T.O.1
-
180
-
-
0002668782
-
-
note 5 at 7, Resolution 5. This was broadly reiterated in 1999 at the second Hui-A-Iwi Such resolutions may be read in conjunction with the resolution from the 1999 Hui-A-Iwi which noted that: [T]his Hui-A-Iwi notice that policies, practices and legislation related to the management of marine mammals do not reflect the nature and inherited rights of hapu and iwi as secured in the Treaty of Waitangi and provided for in Section Act. (Personal notes from Hui-A-Iwi: Maori Customary Rights to Whales, Orakei Marae, 2-3 July
-
(1999)
-
-
Kai Moana, T.O.1
-
181
-
-
0002482541
-
-
See the National Maori Congress International Committee, note 150 at 17. The problem with this statement is that it does not answer the central concerns noted above. Rather, it just reasserts the importance of the legitimacy of how it should be utilised.
-
-
-
-
184
-
-
0002614173
-
-
Ibid.
-
-
-
-
186
-
-
0002563897
-
-
note 5 at 4. See also Te Ohu Kai Moana "Hui Supports Rights of Indigenous Peoples to Hunt Whales" Te Reo O Te Tini A Tangaroa 386-7.
-
(1997)
-
-
Kai Moana, T.O.1
-
188
-
-
0002583878
-
-
Ibid.
-
-
-
-
189
-
-
0002480289
-
-
This idea was finally rejected by the Waitangi Tribunal in the Treaty Settlement Process, in both the Muriphenua and the Ngai Tahu Sea Fisheries (1992) reports. Government acceptance of the Tribunal's view in demonstrated in the 1989 interim fisheries settlement and again in the 1992 'Sealord' settlement; see Maori Fisheries Act 1989 (New Zealand).
-
(1988)
-
-
-
192
-
-
0002615573
-
-
See "Commercial, Aboriginal and Small-Type Whaling in IWC Discourse: A Critical Text Analysis of Chairman's Reports, 1967-1987" (Community Based Whaling Workshop, DoC TC/M97/CBW/2) (Department of Conservation, Wellington
-
(1997)
-
-
Takahashi, J.1
-
193
-
-
0002658251
-
-
World Council of Whalers "Resolution of the First Annual General Meeting of the WCW" (April No. 1 WCW Newsletter Point 4.
-
(1998)
-
-
-
194
-
-
0002666449
-
-
"[T]KM supports the direct involvement of indigenous peoples in the decision making process of the International Whaling Commission": Te Ohu Kai Moana, note 5 at 2.
-
-
-
-
195
-
-
0002483276
-
-
note 5 at 2. The 1999 Hui-a-Iwi on Maori Customary Rights also alleged that New Zealand was poorly represented at the IWC on the question of indigenous rights: Personal notes from Hui-A-Iwi: Maori Customary Rights Marae, 2-3 July This charge was made by both Sir Tipene O'Regan and Archie Taiaroa.
-
(1999)
-
-
Kai Moana, T.O.1
-
197
-
-
0002644251
-
-
See "Leader Tired of 'Hysteria' From Whales Lobby" New Zealand Herald 12 March
-
(1997)
-
-
Ferguson, A.1
-
199
-
-
0002672379
-
-
Personal notes from Hui-A-Iwi: Maori Customary Rights to Whales, Orakei Marae, 2-3 July
-
(1999)
-
-
-
200
-
-
0002608702
-
-
See "Aboriginal Subsistence Whaling and Other International Whaling Issues Affecting Maori" (Speech to the Hui-A-Iwi, 3 July (on file)
-
(1999)
-
-
McLay, J.1
-
202
-
-
0002676149
-
-
Resolutions from Hui-A-Iwi on the Sustainable Utilisation of Marine Mammals: Resolution 4, noted in Te Ohu Kai Moana, note 5 at 6. The WWF position can be found in World Wildlife Fund Sustainable Use of Natural Issues, Criteria (WWF, Gland
-
(1993)
-
-
-
204
-
-
0002585389
-
-
According to the Ministry of Foreign Affairs and Trade, "opposition to commercial whaling is now firmly entrenched with over 90 per cent of the population opposing whaling": note 29.
-
-
-
-
205
-
-
0002668784
-
-
The history of New Zealand with regard to the ASW issue, dating back to the late 1970s, also contradicts the assertion that, apparently, following the Maori Congress protests over the ASW in 1992, "the wording of its intervention, by allocating two paragraphs to indigenous peoples right to subsistence whaling, whereas before there was no mention at all": see National Maori Congress International Committee, note 150 at 17.
-
-
-
-
207
-
-
0002482545
-
-
Although New Zealand has been active in this area since 1980, it is important to note that in 1990, New Zealand supported the ASW quota for Denmark (Greenland). In 1991, support was given to the ASW claim for the Grenadines. In 1992, support for the ASW quota's for Greenland, and the indigenous communities in the Soviet Union was given. In 1993, New Zealand reiterated its support for the Saint Vincent and the Grenadines Zealand continued its support for the Russian ASW request. In 1997, New Zealand reiterated its support for the ASW quotas for Russia, Denmark, and St Vincent and the Grenadines. Finally, in 1999, New Zealand Saint Vincent and the Grenadines ASW request.
-
-
-
-
209
-
-
0002588530
-
-
Ngai Tahu Maori Trust Board v. Director General of Conservation 3 NZLR 553 (New Zealand).
-
(1995)
-
-
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