In England, stranded whales become the personal property of King Charles III, though in practice it is the quaintly named Receiver of Wrecks who takes possession. In New Zealand, Maori have ownership of stranded whales, a customary right preserved by the Treaty of Waitangi. That does not stop disputes between Maori iwi over territorial rights to particular strandings. Rangitane and Ngati Kura/Ngai Tahu each claim they are entitled to bone from two whale strandings on the north-east coast of the South Island.
The High Court was told the two iwi are arguing over bone from dead sperm whales washed ashore; one in 2009 near the Awatere River mouth, the other in 2018 further down the coast at Marfells Beach. Department of Conservation arranged for the carcasses to be buried. The jaw bones were first removed and buried separately, awaiting a decision by the two iwi as to final ownership. Both iwi have cultural ties to the area. Evidence was given that whilst Rangitane and Ngati Kura/Ngai Tahu were both aware of the strandings, they never sat down together to decide ownership.
While the Marine Mammals Protection Act requires a Conservation permit for any person to have possession of whale bones, Justice Cooke ruled that Conservation does not have the power to act as arbiter deciding which iwi has rights of ownership. In 2021, the then Minister of Conservation, Kiri Allen, decided allocation of the whale jaw bones would be decided by government. The bones were dug up and trucked to Kaikoura. Ngai Tahu lobbying saw it gain possession. Rangitane complains it was never asked for its views.
Hearing of the move, Rangitane sued. Justice Cooke ruled Ngai Tahu’s continued possession of the jawbones was unlawful; the iwi did not have a Mammals Protection Act permit issued by Conservation. He further ruled that government’s decision to truck the jawbones to Kaikoura was in breach of the Treaty; it was for the two iwi to first resolve customary rights to the whale bone.
Hart v. Director-General of Conservation – High Court (2.05.23)
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