1. Introduction
New Zealand currently has no comprehensive policy framework for bioprospecting activities. Present legislative frameworks provide, in part, for bioprospecting activity. However, gaps in the overall management of these activities may be leading to biological material being taken from New Zealand without our knowledge. Moreover, a more co-ordinated and comprehensive policy approach may be more likely to generate and optimise the capture of benefits. For instance, the fact that we have different frameworks for bioprospecting, with little co-ordination between them, may be limiting international interest in bioprospecting in New Zealand. In addition, a lack of clear guidelines around the use of traditional knowledge creates uncertainty over knowledge ownership and the rights to use that knowledge.
There is also a relationship between the Waitangi Tribunal claim WAI 262 (known as the "flora and fauna claim") and bioprospecting policy. The Government is mindful of the relationship and is of the view that proceeding with early consultation on the development of a bioprospecting framework sits comfortably with the Tribunal's consideration of WAI 262 and will help inform Government consideration of the Tribunal's recommendations.
In addition, through the Convention on Biological Diversity, discussions are currently taking place on an international framework for access to biological resources and benefit sharing that has the potential to influence domestic bioprospecting policy settings. Consequently, it is necessary to gain a greater understanding of New Zealand's interests in order to positively contribute to these international developments.
In 2002, initial policy discussions took place with the release of a public discussion document Bioprospecting in New Zealand: Discussing the Options. This initial discussion was spurred by a number of concerns including those about the conservation of New Zealand's biodiversity,1 the taking of biological material from New Zealand without our knowledge, and New Zealand not fully realising the potential benefits of bioprospecting activities. Further examination of these issues suggested that the current situation in New Zealand was not well suited to optimise possible benefit capture as well as minimise the potential risks that may stem from these pursuits.
The purpose of this discussion document and associated consultation is to:
- gather further information about bioprospecting in New Zealand;
- facilitate an informed discussion about the development of bioprospecting policy;
- help determine how a bioprospecting framework might be structured; and
- allow policy development to better address the issue of traditional knowledge, in particular mätauranga Mäori, relating to natural resources within a bioprospecting framework.
An important aim of this consultation process is to find out more about what benefits could be generated by bioprospecting activities as well as focus on how these benefits could be better captured for New Zealand. At this stage of the policy process, the focus is not on how these potential benefits should be distributed.
It is also not the aim of this document to address issues around the ownership of biological resources. Consequently, the term "access provider" is generally used in this document instead of "owner". However, it is noted that "access providers" and "owners" are not necessarily the same person or organisation.
This discussion document and consultation will provide better information to guide Government decisions about an appropriate bioprospecting framework for New Zealand.
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