Wai 262 Brief Information
[ Last Updated 16 December 2005 ]
What Is the Claim About?
1. The Wai 262 - Indigenous Flora and Fauna - Treaty of Waitangi claim ("Wai 262"), was lodged with the Waitangi Tribunal on behalf of six iwi (Ngāti Kuri, Ngāti Wai, Te Rarawa, Ngāti Porou, Ngāti Kahungunu and Ngāti Koata) in 1991. Since then Ngāti Porou, Ngāti Kahungunu and Ngāti Koata have each lodged separate Statements of Claim.
2. The four statements of claim assert exclusive and comprehensive rights to flora and fauna and other taonga. The claimants say that the Crown has usurped the tino rangatiratanga1 and kaitiakitanga2 of Māori in respect of their taonga through the development of policy and legislation. The claim is also about rangatiratanga generally in a political autonomy sense. Over 70 repealed statutes and over 40 current statutes are alleged to be in breach of the Treaty of Waitangi including the following: the Wildlife Act 1953, the Biosecurity Act 1993, the Conservation Act 1987, and the Plant Variety Rights Act 1987.
3. While there is as yet no definitive list of issues which make up the claim, the claim generally concerns the following:
- Mātauranga Māori (Traditional Knowledge);
- Māori cultural property (tangible manifestation of mātauranga Māori);
- Māori intellectual and cultural property rights; and
- Environmental, resource and conservation management.
Process to Date
4. Hearings for the claim began in 1998. Since that time the Waitangi Tribunal has finished hearing tangata whenua evidence, tangata whenua expert witnesses and Tribunal commissioned researchers. The Tribunal is yet to hear evidence from third parties affected by the claim, the Crown and closing submissions.
5. On 28 June 2002 the Crown filed its Statement of Response with the Waitangi Tribunal.
6. The Waitangi Tribunal has indicated that the remaining WAI 262 hearings will be put on hold pending the formulation by the Tribunal of a "Statement of Issues" which will provide a focus for the Tribunal's final report. The Statement of Issues is yet to be issued.
Further Information
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