Mātauranga Māori and New Zealand’s intellectual property regime — challenges and opportunities since Wai 262

Abstract

On 2 July 2011, the Waitangi Tribunal issued its report on Wai 262: Ko Aotearoa Tēnei — A Report into Claims Concerning New Zealand Law and Policy Affecting Māori Culture and Identity. The report responded to claimants concerns about the inadequacy of New Zealand intellectual property (IP) law at protecting mātauranga Māori and suggested wide-ranging options for reform of New Zealand’s IP regime. This inadequacy has caused Māori to rely on alternative and impractical legal mechanisms to protect mātauranga Māori in certain contexts. By using an example from the Sustainable Seas National Science Challenge, this article argues that in certain situations the law can provide creative solutions for the protection of mātauranga Māori for certain purposes. In particular, this article argues that contract law, in conjunction with existing IP mechanisms, could address some Māori concerns about the use and exploitation of traditional knowledge.