Issues related to biodiscovery

There are a number of issues that are closely intertwined with biodiscovery policy development in New Zealand. 

The main two are:

• Treaty Claim WAI 262 
• Convention on Biological Diversity

Treaty Claim WAI 262

Biodiscovery is linked to the Wai 262 flora and fauna claim.  Through the Wai 262 claim to the Waitangi Tribunal, Māori have raised concerns including rights to flora and fauna, customary knowledge and the protection of tāonga.  This claim was lodged with the Waitangi Tribunal in 1991 by six iwi (with two other groups joining as claimants in 2006). 

The scope of the WAI 262 claim can be distilled into four categories: Mātauranga Māori (Traditional Knowledge), Māori Cultural Property (Tangible Expressions of Mātauranga Māori), Māori “Intellectual and Cultural Property Rights” and Environmental, Resource and Conservation Management. 

The findings of this claim may affect New Zealand's intellectual property legislation, international obligations, environmental, resource and conservation management, biotechnological developments involving indigenous genetic material, claims to control of resources and species including indigenous flora and fauna. 

'Treaty of Waitangi Claim Wai 262 - The Process So Far and Where to from Here’

Convention on Biological Diversity

The Convention on Biological Diversity (the "CBD") is a wide-ranging international treaty, covering the sustainable use and conservation of biodiversity developed by the United Nations Environment Programme. It was adopted in June 1992 at the United Nations Conference on Environment and Development in Rio de Janeiro, commonly known as ‘Earth Summit’, and came into force in December 1993.

One of the main objectives of the Convention is “the fair and equitable sharing of the benefits arising out of the utilization of genetic resources”. The convention states that parties to the Convention have the authority to determine access to genetic resources in areas within their jurisdiction as well as the obligation to take appropriate measures with the aim of sharing the benefits derived from their use.  This will be addressed in New Zealand by policy around biodiscovery.  In addition to this, article 8(j) of the treaty relates to the obligations related to the traditional knowledge of indigenous communities.

Information on the latest developments in the Convention on Biological Diversity can be found on the Ministry of Foreign Affairs and Trade website.