Te Ohu Kai Moana Trustee Ltd v Attorney-General - [2025] 2 NZLR 382

Treaty of Waitangi — Fisheries claim — Settlement — Deed of settlement has enduring legal force — Incorporated into legislation — Crown obligations remain in force — Breach of settlement is breach of Treaty — Treaty of Waitangi (Fisheries Claims) Act 1992.

Declarations — Not declaring legislation inconsistent — Conclusion settlement not honoured not affect operation of statute — Not barred by legislation — Statute being enforced not the Deed — Not private law claim — Remedies for breach of Treaty — Rights as they are today — No limitation issue — Limitation Act 2010.

Parties understood allocation would be permanent — Not for application to establish implied term — Every settlement presumes transfer of valuable consideration permanent — If intend not permanent must state expressly — Treaty principles inform interpretation — Requires active protection — Crown enduring obligation to ensure loss of quota not affect integrity of the settlement.