Reconciling guardianship with ownership: Protecting taonga plants, Māori knowledge, and plant variety rights in Aotearoa New Zealand

Abstract

AbstractThe Plant Variety Rights Act of Aotearoa New Zealand (PVR Act), recently reformed in 2022, adopts new protections for Indigenous relations with native and culturally significant plants, and for traditional knowledge. The Act specifically aims to protect kaitiaki (guardian or caretaker) relationships that Māori have with taonga (treasured, culturally significant) plant species and mātauranga Māori (Indigenous knowledge) in the PVR system. By taking these reforms into account and examining how they may operate in practice, this article considers whether the PVR Act fulfils the constitutional obligations the government owes to Māori under the Treaty of Waitangi | Te Tiriti o Waitangi framework. In addition to conducting a doctrinal assessment of the revised statute, the article undertakes an intellectual property landscape analysis, revealing how PVR systems, both domestically and overseas, have been used by non‐Māori entities to assert ownership claims to varieties of taonga plants in the past. The article further draws upon a third research methodology, presenting initial results from qualitative interviews conducted with Māori and non‐Māori experts in intellectual property, taonga plants, and mātauranga Māori. Synthesising the results of these three forms of investigation, the article argues that while some of the changes made in the PVR Act support the exercise of partial Māori authority in relation to taonga, it remains to be seen whether the Treaty promise of tino rangatiratanga (chieftainship, sovereignty, or self‐determination) can be fully achieved in the PVR system.