Ngahiwi Tomoana has seen the Wai 262 claim into law and legislation. Photo / Supplied
Ngahiwi Tomoana has seen the Wai 262 claim into law and legislation. Photo / Supplied
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When Ngahiwi Tomoana, along with other claimant whānau, took over the Wai 262 claim from Māori legal academic guru Moana Jackson, he had no idea this piece of legal Māori history would consume his life for the next three decades.
The Wai262 kaupapa began when a group of Māori activists challenged the Crown about the policies and laws that were taking away Māori control over taonga. In fact, the Wai 262 decision goes beyond the fauna and flora argument and establishes whakapapa to taonga and even Māori existence.
This week marks the 31st anniversary of that claim - one of the largest and most complex in the history of the Waitangi Tribunal, which was also the first 'whole of government' inquiry.
The claim, lodged in October 1991, was initially driven by Saana Murray-Waitai (Ngāti Kurī), Del Wihongi (Te Rarawa), John Hippolite (Ngāti Koata), Tama Poata (Te-Whānau-o-Ruataupare, Ngāti Porou) and Witi McMath (Ngāti Wai) with the assistance of lawyer Moana Jackson (Ngāti Kahungunu), who lodged the Wai 262 Native Flora and Fauna Claim with the Waitangi Tribunal. It was named so because it was the 262nd claim made to the tribunal.
"The claim originates from our Declaration of Independence, which was reinstated in the Treaty of Waitangi, that we as a people will retain our sovereignty over our whakapapa and our creatives.
"This also protects us in the future from foreign nationals who have more money taking advantage of our IP."
Tomoana said Wai 262 did not close out foreign interest, but ensured that iwi, hapū and whānau, as the kaitiaki of this whakapapa and whenua, were included in future conversations.
Wai 262 was the first contemporary claim that focused on the Crown's existing laws, policies and practises rather than the Crown's historical actions.
Three decades on, this claim now forms the stepping stones for the protection of taonga Māori across Aotearoa and further abroad.
Led by those six visionaries, Wai 262 sought the protection, conservation, management, treatment, propagation, sale, dispersal, utilisation, and restriction on the use and transmission of the knowledge of New Zealand indigenous flora and fauna and their resources.
More than 20 government departments and agencies were involved in the Wai 262 proceedings and the ethical framework for resolution of the issues.
The aspiration of the claim firmly asserts "Māori control over things Māori". The claim essentially seeks to restore "tino rangatiratanga" (Māori authority and self-determination) of the whānau, hapū and iwi of Aotearoa over our "taonga" (those things and values which we treasure, both intangible and tangible).
Tomoana said Wai 262 has a long way to go before it is fully realised "because we don't want the Crown to be the sole arbitrator of what is Treaty compliant and what isn't.
"Ultimately, we want kaitiakitanga in legislation to have Rangatira-to-Rangatira conversations and [the] co-decision-making that we would expect," he said.
