20110704 | Waitangi Tribunal Report 'The indigenous Flora and Fauna and Intellectual Property' (Wai 262) | Legislation Direct, New Zealand | Book
Ko Aotearoa Tēnei (‘This is Aotearoa’ or ‘This is New Zealand’) is the Tribunal’s first whole-of-government report, addressing the work of more than 20 Government departments and agencies.
It is also the first Tribunal report to consider what the Treaty relationship might become after historical grievances are settled, and how that relationship might be shaped by changes in New Zealand’s demographic makeup over the next 30 to 40 years.
The claimants contended that current intellectual property laws are predominately a reflection and manifestation of orthodox European culture that tend to facilitate the exploitation of Māori culture and knowledge. The purpose of intellectual property – that is the facilitation of commercial exploitation of creations of the mind – is diametrically opposed to the communal responsibilities and obligations that Māori guardians (kaitiaki) bear towards treasured cultural and artistic works (taonga works). They contended that in many ways the law disregards the unique relationships kaitiaki have in respect of taonga works and the underlying body of knowledge called mātauranga Māori.
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Acknowledgement from page viii of the report:
“The Wai 262 Tribunal would like to acknowledge the significant contributions of consulting counsel Professor Susy Frankel, and of the following writers and editors in particular: Paul Hamer, Bianca Müller, Jane Parkin, and Bernhard Steeds […]”.