The present situation
A number of different laws apply to customary use of different native species. The Conservation Act is the umbrella under which DOC administers other legislation. The Wildlife Act and Marine Mammals Protection Act provide protection for native creatures wherever they are found; the National Parks Act and Reserves Act give protection for plants according to the status of the land where they are growing. Management strategies and plans apply, with variations from region to region.
New Zealand fur seals
The laws' primary purpose is to establish wide-ranging conservation and protection of New Zealand's natural heritage, but they also recognise the human and social priorities, providing for public use and enjoyment of these taonga.
The international agreements which New Zealand has recently signed - notably the Convention on Biological Diversity - also combine conservation with safe, sustainable use of natural resources.
New Zealand's laws also require that the principles of the Treaty of Waitangi be recognised and given effect in practical conservation management.
Our understanding of the Treaty is continually evolving as judgements of the courts and the Waitangi Tribunal consolidate and clarify the principles through addressing specific cases.
Some of the Treaty principles relevant for customary use include the active protection of Maori interests, the recognition of rangatiratanga/tribal authority, and the concept of a balance between rangatiratanga and kawanatanga/the Crown's right to govern.
Maori are strongly concerned at the way their traditional knowledge about native species, and those materials themselves, especially rongoa/medicinal plants, are exploited for commercial gain by non-Maori corporations.
A claim - known as WAI 262 - was lodged with the Waitangi Tribunal in 1991, concerning Maori rights in the control and management of all indigenous plants and animals and associated intellectual and genetic property rights. The protection of intellectual and genetic property is an issue for native peoples everywhere, and is addressed in international agreements such as the Convention on Biological Diversity.
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