Would the relationship between the New Zealand Crown and Māori under the Treaty of Waitangi be damaged?
No – this would not happen. The new Authority is being established under an international Agreement signed between New Zealand and Australia in December 2003. This Agreement sets out the mechanisms under which each country will have an equal voice in the new Authority. Any obligations that the New Zealand Minister of Health has in respect of the Treaty of Waitangi will remain under the new arrangement. Will the proposals impact on the Wai 262 Claim? The Wai 262 claim is about the creation of intellectual property rights over New Zealand native fauna and flora. If there are changes to intellectual property policy or law as a result of the Wai 262 claim these would be taken into account by the new Authority. It is important to note that New Zealand and Australia will retain separate intellectual property law. Some claimants have expressed concern about the impacts of the proposals. The Ministry of Health has been consulting with claimants on the regulatory detail to ensure that exemption
