Government receives Waitangi Tribunal report

The Government will carefully consider the latest Waitangi Tribunal report Ko Aotearoa Tenei, Attorney-General Christopher Finlayson said.

“The government will now consider the report in its entirety and in the context of existing policy,” Mr Finlayson said. “The Tribunal’s report, and non-binding recommendations it has proposed, will give us much food for thought.”

The report addresses the claims in Wai 262 (which refers to a file reference number at the Tribunal). Those claims alleged the Crown had failed to adequately protect Maori interests in relation to a wide range of cultural knowledge and cultural practices, as well as in their relationships with indigenous flora and fauna.

The Waitangi Tribunal can inquire into whether the Crown has been responsible for breaches of the Treaty of Waitangi, and report its findings.

The Tribunal can also make non-binding recommendations relating to its findings.

“The Tribunal’s report does not identify any specific breaches of the Treaty, except for the passage of the Tohunga Suppression Act 1907,” Mr Finlayson said. “It also acknowledges the excellent work this Government has done in order to recognise the role of Maori as Treaty partners.”

The claims were lodged in 1991, and hearings were conducted from the late 1990s and concluded in 2007.

“The report covers a wide range of areas,” Mr Finlayson said. “In some of those areas, successive governments have looked at policy addressing areas of concern independently of the Tribunal’s input. There is an emerging international consensus to help guide the Government’s response in some areas; and in other areas the issues are very novel and any response should not be rushed.”

“As the Tribunal notes, in issues like intellectual property, whether cultural practices or knowledge, or conservation, rights are never absolute,” Mr Finlayson said. “There are public and private interests to consider, as well as other factors like the fiscal situation. That is always a balancing issue for Government, in order to find solutions that are right for New Zealand.”