Who is the waitangi tribunal

See all locations. Admin Admin Admin, collapsed. Main navigation What's On. Open search form. Enter search query Clear Text. Saved Searches Advanced Search. Join About About, collapsed About. That decision was for the witness, as a manifestation of her tino ransatiratanga. Objections then centered on the apparent contradiction as to whom the restrictions applied.

The collective nature of M…ori knowledge means that restrictions on its use do not necessarily extend to the members of the witnesses whanau extended family. Similarly, witnesses retain the right to disclose the knowledge to whomever they think fit, because the Tribunal's protections are additional to, and do not replace, the customary sanctions of tapu.

As the Tribunal develops its process and these two trends wax and wane, Wai has helped focus and galvanize other initiatives in the realm of traditional knowledge. The Conference considered a range of significant issues including the value of indigenous knowledge, biodiversity and biotechnology, customary and environmental management, arts, music, language, and other physical and spiritual cultural forms.

One of the important issues before the congress was the finalization and ratification of the Code of Ethics and Research Protocols for scientists researching indigenous and traditional knowledge of plants and medicines.

In a substantive sense, it is too early to insist that the Tribunal process has been a "tool that works" for the protection of traditional knowledge. Yet the public interest factor surrounding the Wai claim has ensured that the claim has a high profile domestically and internationally.

The claimants were successful in in stopping the passage of the Intellectual Property Law Reform Bill; they received an assurance from the Minister of Commerce that the Bill would not be passed pending the hearing of the Wai claim.

The long-standing call from Wai claimants for a moratorium on gene modification until proper consultation with M The recently elected government announced a moratorium on the genetic modification of foods until a parliamentary commission of inquiry has reported on the matter.

Unfortunately, Crown restrictions on funding for the Tribunal process have meant that the Wai claim is in danger of stalling; the claimants intend to seek interim recommendations from the Tribunal so as to preserve their position until the hearing can be completed. Complex rituals and protocols regulate the behavior between M Ritual obligations of reciprocity and respect are observed before assessing and utilizing any resource. Karakia blessings for instance, are spoken before cutting down a tree to build a waka canoe.

Acknowledging the spiritual dimension of their universe and respecting the mauri central life force of every living thing is fundamental to M Reciprocity of obligations are balanced against the right to use and exploit. In contrast, intellectual property rights focus on the economic right to exploit for profit and financial gain. The needs of the individual -- and corporate legal personalities such as multinationals -- are preferred to the collective good.

Under this capitalist model, resources are only considered a means of exploitation for economic gain. Reciprocity or respect for the integrity of those resources as living and breathing entities with their own mauri is practically nonexistent. Respect for the mauri of the environment is deemed to inhibit the exploitation of resources and economic advancement. Modern progress has little time for ritual and respect. Thus, there is a fundamental clash between the ideological underpinnings of the intellectual property rights system and the philosophical underpinnings of what is referred to here as "indigenous peoples' rights and obligations.

The challenge confronting M Any such model or system must recognize the diversity of tikanga cultural and protocols of the country's various tribal groupings, but common threads such as whakapapa and spiritual beliefs will help bind tribes together. The Wai claim provides a basis for understanding and developing general principles to foster these links at a national level and for devising a policy framework within which tribes can develop their own systems of protection.

Interim measures are needed to protect the knowledge and resources of M The substantive outcome is, as yet, uncertain. In the case of intellectual property, where fundamental differences are discernible between the Western and customary legal systems, the Tribunal process has the potential to evolve a practical and durable solution. Yet despite the Tribunal's capacity to provide for a truly bi-cultural juris-prudence, relentless pressure to succumb to the dominant cultural paradigm makes it difficult for indigenous peoples to maintain steadfast belief in the worth of customary legal systems and customary practices.

The Moriori were the first inhabitants of Rekohu Chatham Islands. The Mataatua Declaration is available on the internet at www. But this has not stopped a statutory authority known as the Environmental Risk Management Authority "ERMA" granting an application to field trial the impregnation of cattle with a human gene in the hope that there will be medical benefit occurring from such research.

Our website houses close to five decades of content and publishing. Any content older than 10 years is archival and Cultural Survival does not necessarily agree with the content and word choice today. Learn about Cultural Survival's response to Covid The Waitangi Tribunal sits at the heart of the Treaty settlement process, with a unique remit to investigate claims and recommend settlements. But although the claims process has been hugely controversial, little has been written about the Tribunal itself.

This perceptive analysis of a key institution is vital reading for anyone seeking to understand Treaty settlements. For more information on these purchase options please visit our Sales FAQs page or contact us. A quarter-century of the Waitangi Tribunal: responding to the challenge Paul Hamer 2.

The jurisdiction of the Waitangi Tribunal Geoff Melvin 3. Waitangi Tribunal procedure Richard Boast.