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1. BORA Patents Bill [pdf, 317 KB]

   ...New Zealand’s patent regime to ensure that it continues to provide an appropriate balance between providing adequate incentives for innovation and technology transfer and protecting the interests of the public and the interests of Māori in their traditional knowledge and in indigenous plants and animals. It also updates the regulatory regime for patents attorneys. If passed, the Patents Bill will replace the Patents Act 1953. BILL OF RIGHTS ACT ISSUES Section 14 – Freedom of Expre...

2. ENVC Hearing 6Oct14 WML rebuttal Pita Rikys [pdf, 99 KB]

   ...scientifically substantiated, the question then becomes one of precise location and the 'effects' upon them. It is understood from the caucusing of experts that the source of this information is largely what is described as matauranga tuturu / traditional knowledge. The comment that an element of sacredness remains even if koiwi are no longer present, having established that they once were, is accepted, the 'presence' of Ngaro Whenua Pa despite having been quarried o...

3. ENVC Hearing 6Oct14 NPI Trust legal submissions [pdf, 143 KB]

   BEFORE  THE  ENVIRONMENT  COURT     IN  THE  MATTER     of  the  Resource  Management  Act  1991       AND       IN  THE  MATTER   of  a  Notice  of  Motion  under  s87G  of  the  Act  requesting  the  grant  of   resource  consents  to  Waiheke  Marinas  Ltd  to  establish  a  marina  at   Matiatia  Bay,  Waiheke  Island,  in  the

4. Committee on the Elimination of All Forms of Racial Discrimination – concluding observations 18th-20th reports addendum [pdf, 257 KB]

   ...Tribunal’s first whole-of-government inquiry and addresses the work of more than 20 government departments and agencies. The Tribunal’s report focuses on the protection of Māori culture and identity, with a particular focus on mātauranga Māori (traditional knowledge) and associated taonga (treasure). The New Zealand Government is currently considering the report. 17. The New Zealand Government’s response to Wai 262 is complex and involves a range of agencies. Specific dome...

5. Committee on the Elimination of All Forms of Racial Discrimination – concluding observations 18th-20th reports [pdf, 191 KB]

   ...traditional significance. 14. The Committee welcomes the Waitangi Tribunal’s 2011 Wai 262 decision regarding Mãori intellectual and cultural property rights, which makes recommendations for changes in law, policy and practice on matters relating to traditional knowledge, genetic and biological resources of indigenous species, and the relation of Mãori communities with the environment in connection with conservation, language, cultural heritage, traditional healing and medicine,...

6. UN Declaration on the Rights of Indigenous Peoples [pdf, 166 KB]

   ...procedures and in particular through their representative institutions, prior to using their lands or territories for military activities. Article 31 1. Indigenous peoples have the right to maintain, control, protect and develop their cultural heritage, traditional knowledge and tra- ditional cultural expressions, as well as the manifestations of their sciences, technologies and cultures, including human and genetic resources, seeds, medicines, knowledge of the properties of fauna and fl...

7. MLC - 2012 November - World indigenous housing conference 2012 [pdf, 325 KB]

   ...design. Interestingly, the only architect to speak at the conference, Rau Hoskins of Ngāti Wai, who is based in Auckland, spoke of the need for indigenous people to have greater input into the design of housing so that homes reflect cultural and traditional knowledge. Governance Many presenters touched on the issue of governance. Given the work of the Court in the governance of Māori land I had hoped that there might be more discussion of governance models adopted in the various in...

8. Plant Variety Rights [pdf, 210 KB]

   ...must not be appointed as a member of the committee unless, in the opinion of the Commissioner, the person is qualified for appointment. In determining this, the Commissioner must have regard to the person’s knowledge of mātauranga Māori (Māori traditional knowledge), tikanga Māori (Māori protocol and culture), te ao Māori (the Māori world view), and taonga species. 32. This provision could be seen as giving rise to indirect discrimination on the basis of race or ethnic origins,...

9. Grant v Grant - Succession to Harry Grant (2021) 104 Tairawhiti MB 122 (104 TRW 122) [pdf, 275 KB]

   ...Grant also advocated for his recognition as a whāngai on the basis that he was raised by his grandparents and the applicant still resides with him. He stated: I have been brought up with my grandfather for many, many years and he had taught me traditional knowledge that relates back to our hapū, Ngāti Porou. I was brought up with my grandfather in Gisborne, one of the only mokos that were brought up with my grandfather and I worked with my grandfather on the land and you know, I took...

10. [2019] NZEnvC 167 Western Bay of Plenty District Council v Bay of Plenty Regional Council [pdf, 13 MB]

    167 BEFORE THE ENVIRONMENT COURT I MUA I TE KOOTI TAIAO O AOTEAROA Court: Hearing: Submissions: Date of Decision: Date of Issue: IN THE MATTER AND IN THE MATTER BETWEEN AND AND Decision No. [2019] NZEnvC of the Resource Management Act 1991 of an appeal pursuant to cl 14 of Schedule 1 to the Act WESTERN BAY OF PLENTY DISTRICT COUNCIL (ENV-2015-AKL-000127) Appellant BAY OF PLENTY REGIONAL COUNCIL Respondent PORT BLAKELY LIMITED, CARRUS CORPORATION LIM