The Treaty of Waitangi “beyond grievance” and WAI 262

Group of young Maori on steps of Parliament. Further negatives of the Evening Post newspaper. Ref: EP/1972/5388/11a-F. Alexander Turnbull Library, Wellington, New Zealand. http://natlib.govt.nz/records/23069211
Group of young Maori on steps of Parliament. Further negatives of the Evening Post newspaper. Ref: EP/1972/5388/11a-F. Alexander Turnbull Library, Wellington, New Zealand. http://natlib.govt.nz/records/23069211

WAI 262, commonly referred to as The Indigenous Flora and Fauna and Cultural Intellectual property Claim was lodged on the 9th of October 1991 by six iwi. The claim relates to:

  • the place of Māori cultural values in New Zealand society,
  • the Crown's protection of te reo Māori,
  • who controls traditional Māori knowledge and taonga such as artistic and cultural works,
  • the role of iwi and hāpu as kaitiaki (cultural guardians) of their taonga (treasures) which includes environmental, resource and conservation management.

The Waitangi Tribunal report on the WAI 262 claim, Ko Aotearoa Tēnei, released in 2011 is the first report that looks beyond historical grievances and focuses on the “future focused” relationship between Māori and the Crown. The report describes a partnership in the spirit of the Treaty, where the Crown is entitled to govern while Māori still retain their tino rangatiratanga (authority) over their taonga. The report addresses practices and legislation that undermine the Treaty principles and provides a road map to a true bicultural partnership that empowers both parties.

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