Bioprospecting ... or biopiracy? : access to biological diversity and benefit sharing in the New Zealand context

Abstract

Bioprospecting is not the conservation and development panacea envisaged at the beginning of the last decade. Following the development of modern biotechnologies, native plants, animals, fungi, and microorganisms were viewed as potentially lucrative resources. Paradoxically, developing countries, which possess the majority of the world's biodiversity, rarely have the technological capacity to harness it. They therefore must enter into research collaborations that rarely repatriate the economic, social, or environmental benefits that they desire. For this reason, bioprospecting will always favour developed countries such as New Zealand and Australia that possess both biodiversity and the biotechnological capacity to profit from it. Bioprospecting can therefore be considered as "green developmentalism"; a mechanism that reinforces existing inequities whilst endorsing the appropriation and commodification of resources under the guise of environmental policy. Following the development of access and benefit sharing policies by a number of other countries, the New Zealand government has undertaken a review of bioprospecting policy. Through the analysis of public submissions and existing research, complemented by interviews and a telephone survey, this thesis aims to contribute to this process to more effectively govern bioprospecting in New Zealand. Stakeholders reveal a concern for international involvement and the overharvesting of species. Tangata whenua also state that the development of bioprospecting policy should not prejudice the Wai 262 claim over flora and fauna that is currently being heard by the Waitangi Tribunal. Pending the outcome of the claim, it is recommended that existing permit systems governing access to native species be amended to include requirements for benefit sharing. Flexible requirements for repatriating benefits should be accompanied by the provision of enforcement mechanisms. It is also recommended that the New Zealand government observe the implementation of the Australian Nationally Consistent Approach to observe the effectiveness of policy in practice. It is concluded that in order to facilitate bioprospecting, there needs to be consideration of the commercial realities of the industry.