ABSTRACT
This chapter looks at the complex constellation and argues that New Zealand both can and needs to address the Wai 262 Report and its domestic laws, before purporting to negotiate treaties on behalf of Maori, and to thereby act as a world leader in this arena. It gives a brief overview of New Zealand's legal environment, including the role of the Treaty of Waitangi and its importance with respect to traditional cultural expressions (TCEs), traditional knowledge (TK) and genetic resources (GRs). In 2002, the New Zealand Delegation to the Traditional Knowledge and Folklore (IGC) stated that 'the Treaty must be foremost in our minds when considering the protection of traditional cultural expressions. The level of engagement with Maori should be on a sliding scale, dependent on the importance of the instrument to Maori and the nature and extent of the likely impact on them.
