Analysis of Public
Submissions
Analysis of
Public Submissions
3.
section 3.10 |
appendix 3
Outcomes of Consultation: Submissions
from the Public
Section contents
3.
Analysis of Public Submissions
22
3.10 Treaty of Waitangi
88
Background
88
Outline of this section
88
Treaty of Waitangi
88
Tikanga principles and genetic modification
89
Royal Commission on Genetic Modification | Report Appendix 3
3.10 Treaty of Waitangi
Background
Warrant item (g) sought information about submitters' views on the Treaty by
asking for comment on:
the Crown's responsibilities under the Treaty of Waitangi in relation to genetic
modification, genetically modified organisms, and products
Outline of this section
This section of the report includes the following sections:
*
Treaty of Waitangi
*
tikanga principles and genetic modification.
Treaty of Waitangi
Only 64 public submitters commented on the Treaty of Waitangi, with passing
reference to the Crown being in breach of the Treaty if genetic modification
activities were allowed. One submitter identified the Treaty as the starting point
for any discussion of genetic modification. Submitters felt that Government "must
consider the Treaty" or that "allowing genetic modification into New Zealand
would be a violation of the Treaty of Waitangi". Only rarely did submitters go into
any greater detail. Submissions in te reo Maori also made infrequent reference to
provisions of the Treaty, and rarely discussed Maori cultural concerns in any
detail. Any more substantial comment usually referred to the Crown being in
breach of the Treaty in matters around genetic modification (see Table 3.17).
Some submitters who identified themselves as Maori expressed frustration that
their concerns were being sidelined in the debate over genetic modification, one
writing that "... as usual this is another disregard for the Tiriti o Waitangi, an
agreement that the government should honour seeing as they drew it up."
Tikanga principles and genetic modification
The greatest concern of public submitters commenting on issues relevant to
Maori was the incompatibility of genetic modification with tikanga principles.
Of the 200 commenting on issues relating to Maori, 64% raised this concern.
Some pointed out that tikanga is central to any consideration of genetic
modification. Some stressed that recognition of rangatiratanga is an essential
basis for incorporating other tikanga principles. These principles are the source
of the Maori value system, govern the Maori approach to managing environmental
issues and should also underline any management of genetic modification.
Aspects of genetic modification that were identified as incompatible with tikanga
included:
*
mixing of human genetic material with other species (raised by 26
submitters)
*
inter-species genetic mixing (intentionally and unintentionally)
*
genetic modification contamination of the environment, thus interfering
with its spiritual value
As Table 3.17 shows, 47 submitters were also concerned about the impacts of
genetic modification activities on indigenous flora and fauna and traditional
knowledge. As discussed in the previous section, submitters were particularly
concerned about Maori loss of control/or ownership of indigenous flora and
fauna, particularly if genetic information was taken off shore or slight
modifications were made to indigenous flora and fauna and the new genetically
modified organism was patented.
Issues raised
Number
%
GM is incompatible with tikanga
128
64.0
Crown in breach of Treaty
63
31.5
Need to protect ownership/traditional knowledge of indigenous
flora and fauna
47
23.5
Should be no human/animal transfer of genes
26
13.0
No one cultural group should have greater rights in GM-debate
than any other
15
7.5
WAI 262 has implications for GM-debate
5
2.5
Maori should fully participate in economic benefits
3
1.5
Reference to international documents (eg Mataatua Declaration/
Draft Declaration on Rights of Indigenous Peoples)
3
1.5
The Treaty is the starting point for any discussion of GM
1
0.5
Other
7
3.5
The "Other" category included matters raised by public submitters that usually related to actions that
were needed to respond to issues raised. These included:
*
the need to consult Maori about genetic modification
*
the need to establish a framework that would ensure the protection tikanga and meet obligations to
Maori under the Treaty of Waitangi
*
the need to address inappropriate allocation of research funding, which breaches the Treaty by
not funding Maori research. Current funding enables monocultural approaches to research
*
ERMA's requesting of proof of Maori spiritual and metaphysical phenomena, which is demeaning
and creates uncertainty in Maori communities
*
the apparent ineffectiveness of the Treaty on a world scale.
Multiple response
Table 3.17 Issues raised relating to Maori, including Treaty
matters (n = 200)
p90 |
Section 3: Public Submissions
Report Appendix 3 | Roy al Commission on Genetic M odification