Waitangi tribunal and the kumara claim

1. Horticulture New Zealand represents the horticulture sector in New Zealand, including kumara growers and other stakeholders in the commercial kumara industry.

2. These submissions are made to represent the interest of those stakeholders.

3. The claimants contend that te tino rangatiratanga o te Iwi Māori is the authority residing within and exercised by te Iwi Māori o Aotearoa me te Waipaounamu/Rekohu prior to the arrival of the colonial government.

4. Te tino rangatiratanga o te Iwi Māori incorporates the right to control and make decisions about the propagation, development, transport, study or sale of indigenous flora and fauna (statement of issues, 2.2.2).

6. In relation to kumara, the claimants state that:

7. Horticulture New Zealand defends the claim as it relates to kumara on the following basis:

(a) The claimants have no rights under the Treaty of Waitangi to any aspect of the commercial kumara industry as it is today; and

(b) If granted, the claim would have a serious impact on growers, distributors and the kumara industry.

8. Maori brought sweet potato clones to New Zealand which were cultivated for food. The sweet potato crop (Ipomoea batatas (L)) was called "kumara" by Maori and grown on a large scale.

9. The first European settlement was established in New Zealand in 1814. As a result of European settlement new kumara cultivars were introduced and grown. The earlier varieties cultivated by Maori gave way to the new cultivars.

10. The first recorded addition to the cultivars used by Maori was known as Merikana (American) after the American whalers who introduced it from the Pacific Islands. The cultivar Kai Pakeha was introduced by American whalers in 1819. The name of this variety, Kai Pakeha or Food European shows that Maori recognised a strain, separate from Maori kumara, which was introduced by the Europeans.

11. A third important cultivar called Waina was introduced into New Zealand in the 1850s when those aboard a whaling ship called the Rainbow traded the cultivar for repairs to the ship. Gradually this strain spread throughout New Zealand, supplanting all other varieties.

12. Only four pre-European or Maori cultivars can still be found today. These cultivars are not commercially grown today.

13. There are three main commercial sweet potato cultivars currently grown in New Zealand being:

(a) Owairaka Red; and

(b) Toka Gold; and

(c) Beauregard.

14. Per the evidence of Dr Lewthwaite, those three commercial cultivars are not derived from Maori cultivars of pre-European origin.

15. In New Zealand there are currently approximately 85 commercial kumara growers, approximately 1,220 hectares in kumara production and a total production of 20,000 tons of kumara annually. The farm gate value of kumara around New Zealand is $14m.

16. Growing and distributing kumara is an important industry in New Zealand, centred in and around Dargaville.

17. The kumara industry is a very competitive one. This is due to a number of factors:

(a) The existence of only two significant supermarket players in the New Zealand context ensures prices remain low;

(b) Competition with other crops, such as potato, which are less labour intensive and have lower production costs;

(c) Competition with imported kumara, for example frozen kumara imported from China; and

(d) Competition with other food types, for example fast food, heat and eat meals, and rice and pasta based products.

18. Production costs have risen, while prices paid to growers and distributors have not commensurately increased. There has been a marked drop in the number of growers, and the remaining growers have struggled to stay competitive.

19. The claimants seek to control, regulate, use and develop indigenous flora and fauna, including kumara.

20. The evidence of Dr Lewthwaite provides that there are only three cultivars currently commercially grown and these were introduced in the twentieth century and are not derived from the Maori cultivars originally brought to New Zealand.

21. On the basis of this evidence, it is submitted that the claimants’ claim should not succeed as against the current commercial kumara industry, and in particular no property rights should be granted in respect of the three current commercially grown cultivars, Owairaka Red, Toka Gold and Beauregard.

22. However, if the Tribunal were to find that all kumara are indigenous flora then we ask the Tribunal to seriously consider what effects granting the claimants’ claim would have on New Zealand’s kumara industry.

23. If the claimants’ claim were successful and that resulted in a levy or cost being imposed on entities involved in the kumara industry, then this would impact on the profit margin in the industry and further widen the gap in profitability between kumara growing and other products. It is submitted this may then result in more growers pulling out of the industry.

24. This would have widespread effects in the local communities of the Kaipara region and it would also have downstream effects on those associated with the kumara industry, such as kumara storage bin manufacturers, fertiliser companies, farm machinery cultivation contractors and transport companies.

25. Important knowledge pertaining to kumara and the kumara industry could also be lost if current growers and distributors withdraw from kumara production and distribution as a result of changes to the industry.

26. The imposition of any additional cost would also impact on the ability of growers and distributors to continue to invest in research and development in relation to kumara. Research and development is essential to the growth of the kumara industry. Growth in the kumara industry will benefit the local communities where kumara is grown and the New Zealand economy as a whole.

27. Granting the claimants’ claim may destabilise the kumara industry as there would be a period of uncertainty as the claimants discussed and implemented any new management processes and controls. This may be a lengthy period.

28. The kumara industry needs certainty over the medium and longer term for future investment. The industry has high plant, equipment and operating costs (including high labour costs) and many people in the kumara industry feel that development of the industry will depend on reducing uncertainty.

29. In the short term, in the face of uncertainty, those currently involved in the kumara industry may be reluctant to invest in future research and development.

30. Any medium or longer term uncertainty in the industry may provide an opportunity for competitors from countries such as China and Australia to move into the New Zealand market and establish a market share during the period of uncertainty. It would be difficult for the New Zealand kumara industry to recover from that and to remain competitive.

31. It is submitted that the Tribunal must consider the rights and expectations of the present generations of stake holders in the kumara industry and allow those individuals to maintain the patterns of use, value and significance of natural resources, and in particular kumara that have become fundamental to culture, tradition and society in New Zealand.

32. The Tribunal must also take into account the expectations of future generations to enjoy in whatever ways they may determine to be appropriate the natural resources that are their heritage. Currently kumara is a resource available to all New Zealanders.

33. The current system is based on the assumption that all who want to can enter the market and grow and distribute kumara commercially and they can also grow kumara for their own use. No barriers have been imposed limiting the exercise of anyone’s rights in relation to kumara.

34. If the claimants’ claim is successful this may well adversely impact on the kumara industry as a whole. This may affect both present and future generations.

35. Kumara is an important industry in New Zealand. Kumara is of economic importance and cultural and social significance to New Zealand. It is crucial to retain the kumara industry as a viable enterprise, and one which is open to participation by all New Zealanders.