General  spent  much  time  and  energy  trying to  sort  out  the  legal  issues  and  did render the doctrine unenforceable in the courts for many purposes by the Native Land Act 1909, section 84. But the doctrine was held by the New Zealand High Court to apply to fishing rights in 1986, where the court held that a Maori relying on customary Maori fishing rights did not commit an offence by taking undersized paua.¹³  There  was  no  express  legislation  setting  aside  customary  Maori  fishing rights, indeed they were expressly preserved by section 88(2) of the Fisheries Act 1983.  There  was  no  legislation  setting  such  rights  aside  for  the  foreshore  and seabed, the Court of Appeal decided in 2002 in the Ngati Apa case.   21 This decision produced the most difficult policy issue that any judicial decision in my lifetime has caused for any Government. The process of developing legislation on it was long drawn out and divisive and the result, as enacted, is not free from difficulty.¹⁴ It contributed a lot in my view to the unfavourable atmosphere that pervades Treaty issues now, even though the case itself did not involve the Treaty of Waitangi. What is to be Done? 22 The place where we are now is better than the one we were in during the 1980s.   Maori are taking advantage of the new opportunities that have become available to  them.    The  policies  have  added  to  the  capacity  of  Maori  to  take  positive measures   about   health,   education   and   commercial   development.      The   Hui Taumata  held  in  2005  illustrated  the  undoubted  fact  that  there  have  been  many positive developments within Maoridom.  It seems to me that Maori are moving away   from   focusing   on   past   injustice   and   are   actively   pursuing   fresh opportunities,   not   looking   to   Government   to   bring   “the   results   we   must achieve”.¹⁵                                                    13   Te Weehi v Regional Fisheries Officer [1986] 1NZLR 680. 14    Foreshore and Seabed Act 2004. For an in-depth look at the legal developments and the legislation see Richard Boast Foreshore and Seabed (LexisNexis, Wellington, 2005). 15   Sir  Paul  Reeves  “Mihi  and  Message  from  the  Convenor”  (Hui  Taumata,  April  2005) <http:www.huitaumata.maori.nz> (last accessed 31 January 2006).