News

The indigenous flora and fauna and intellectual property (WAI 262) Inquiry

10 Aug 2006

The WAI 262 inquiry has resumed in the Waitangi Tribunal under the chairmanship of Chief Judge Joe Williams. Judge Williams has set a timetable to complete the hearings by the end of March 2007.

Parties with a particular interest in the proceedings, but who are not claimants, will be given an opportunity to participate in the inquiry. If you use, or own intellectual property (IP) that uses indigenous flora and fauna or other native New Zealand resources, Maori images or references, you may want to be recorded as an interested party.

Interest must be registered by Monday 14 August 2006.

You can register your interest with the Registrar of the Waitangi Tribunal by Monday 14 August 2006.

Preferred contact is by email:
wt.registrar@justice.govt.nz

Evidence or written submissions from interested parties are not required until 15 September 2006. Submissions can be as simple as a letter explaining your interests.

Interested parties can choose to appear before the Tribunal to present submissions during the week 25 - 29 September 2006.

You can also send a letter to:
The Registrar
Waitangi Tribunal
PO Box 5022
WELLINGTON
Fax: (04) 914 3001.

An interested party does not need to make a comprehensive submission or appear at the hearing. All that is required is a letter to the Registrar of the Waitangi Tribunal outlining your interest.

Please contact us if you need help to register your interest or further information.

WAI 262 is a claim to rights in Maori knowledge and indigenous flora and fauna. The claimants say these rights are guaranteed under the Treaty of Waitangi.

The claim raises important IP rights issues for the first time in New Zealand. In particular, IP aspects of “taonga works” and “biological and genetic resources of indigenous and/or taonga species” will be considered.

The inquiry will consider whether:

• the Crown has an obligation to protect Maori knowledge and indigenous flora and fauna
• existing IP laws (including trade mark, patent, plant variety rights, copyright, passing off, name registration system and registered design law) provide protection for Maori knowledge and indigenous flora and fauna and whether that protection is adequate
• New Zealand’s obligations under any international IP agreements adversely affect New Zealand’s ability to protect Maori knowledge and indigenous flora and fauna
• New Zealand’s existing IP laws are inconsistent with the Treaty of Waitangi, and if so, can they be amended to become consistent, or are other forms of protection for Maori knowledge and indigenous flora and fauna required.

The way these IP issues are decided will be significant for many of our clients.

You can read the full statement of issues released by the Waitangi Tribunal.

A J Park can help you to register an interest and prepare submissions for the WAI 262 inquiry. Please contact Lynell Tuffery, email: lynell.tuffery@ajpark.com or DDI: +64 4 498 3425 for assistance or if you need further information about this claim.