TAONGA – TIKANGA – TIRITI
In Aotearoa New Zealand, the protection of taonga species—organisms that are indigenous, native, or endemic to the land—stands at a critical junction. These species, often of profound cultural and spiritual significance to Māori, currently find themselves vulnerable, lacking comprehensive legal protections against the interests of researchers and commercial enterprises in biodiscovery. Our new report based in the Tū Wairua project, with relevance for other kaupapa and communities, sheds light on this pressing issue, examining how regulatory frameworks can align with Te Tiriti o Waitangi and contemporary indigenous rights norms to better protect these precious taonga.
Despite the Crown’s inadequate response to the WAI262 claim and its absence as a signatory to the Nagoya Protocol, there’s historical irony in the limited protection some taonga receive under the Misuse of Drugs Act (1975)—legislation that emerged the same year as the Treaty of Waitangi Act. MoDA inadvertently grants Crown Ministers and agencies exclusive control over a subset of taonga, a situation critiqued in the 2011 Law Commission review of the Act.
Our report advocates for a regulatory overhaul that fully integrates the principles of Te Tiriti o Waitangi and tikanga into public policy and legislative frameworks. It argues that Te Tiriti principles—such as partnership, active protection, the right to development, and options—should not be peripheral considerations but core components of decision-making processes within public bodies. These principles necessitate a shift towards embedding Te Ao Māori within New Zealand’s regulatory systems.
A focal point of the report is the case study of native Psilocybe Weraroa mushrooms, also known to the whānau of Rangiwaho marae as Whare Atua. The regulatory treatment of these species highlights broader deficiencies in current legislation concerning the cultivation and use of taonga species. The analysis underscores the need for a framework that honours the rangatiratanga aspirations of Māori, providing meaningful protections and acknowledging Māori sovereignty and stewardship.
The report proposes several pathways to reform, exploring alternative regulatory frameworks that centre Te Tiriti and tikanga Māori. It outlines potential strategies for pursuing these reforms through litigation, negotiations, or direct engagement with the Crown, aiming for a legislative landscape that truly reflects Aotearoa’s commitment to Indigenous rights.
The structure of the report includes:
- an overview of the current regulatory framework;
- an analysis of Te Tiriti o Waitangi and tikanga as they relate to taonga species;
- a discussion of alternative regulatory models;
- pathways to reform;
- concluding insights.
This review offers a roadmap for transforming how Aotearoa New Zealand safeguards taonga species, urging a reimagined legal approach that genuinely respects and incorporates Māori perspectives and rights.
DOWNLOAD THE REPORT HERE:
