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    Treasured relations: Towards partnership and the protection of Māori relationships with taonga plants in Aotearoa New Zealand (2022)

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    Type of Content
    Journal Article
    UC Permalink
    https://hdl.handle.net/10092/103840
    
    Publisher's DOI/URI
    http://doi.org/10.1111/jwip.12226
    
    ISSN
    1422-2213
    Collections
    • Law: Journal Articles [218]
    Authors
    Jefferson, David cc
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    Abstract

    For more than three decades, the system of intellectual property for plants in Aotearoa New Zealand has been the subject of controversy. Critics claim that the system fails to fulfil the promises of the nation's founding document, Te Tiriti o Waitangi|The Treaty of Waitangi (1840), which guarantees that Māori will retain tino rangatiratanga (absolute sovereignty) over their taonga (treasured and significant) plant species. The 2021 Plant Variety Rights Bill aims to address this concern while also complying with international obligations that New Zealand undertook when it joined the Comprehensive and Progressive Agreement for Trans‐Pacific Partnership (2018). Thus, the Bill endeavours to uphold the government's commitments under Te Tiriti and to give effect to the 1991 Act of the UPOV Convention. These plural and sometimes divergent goals manifest a deeper tension that underlies how legal systems in Aotearoa New Zealand conceptualise human relationships with nonhuman beings and environments. While a Pākehā (Western/European) approach to intellectual property conceives of plants as alienable economic objects, tikanga Māori (customary protocols and values) understands that like humans, plants possess mauri (lifeforce) and whakapapa (genealogy) that connect these beings with the environments they inhabit. This article explores how tensions between ontological, legal, and political systems imbue the Plant Variety Rights Bill. While the proposal represents a progressive reform, it may fall short of living up to its aspirations for authentic partnership between Māori and the Crown.

    Citation
    Jefferson D (2022). Treasured relations: Towards partnership and the protection of Māori relationships with taonga plants in Aotearoa New Zealand. The Journal of World Intellectual Property.
    This citation is automatically generated and may be unreliable. Use as a guide only.
    Keywords
    Aotearoa New Zealand; Indigenous knowledge; mātauranga Māori; multispecies relations; plant variety rights; political ontology
    ANZSRC Fields of Research
    48 - Law and legal studies::4806 - Private law and civil obligations::480603 - Intellectual property law
    48 - Law and legal studies::4802 - Environmental and resources law::480299 - Environmental and resources law not elsewhere classified
    Ngā Upoko Tukutuku / Māori Subject Headings
    Ture | Laws::Ture putaiao-ā-iwi | Environmental laws, International; International environmental laws
    Pūtaiao | Science::Mātauranga huaota | Botany
    Tikanga tuku iho | Values::Rangatiratanga | Chiefly authority
    Rights
    All rights reserved unless otherwise stated
    http://hdl.handle.net/10092/17651

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