Mānuka Charitable Trust Disappointed By Intellectual Property Office Ruling On Honey

Mānuka Charitable Trust disappointed but undeterred by Intellectual Property Office ruling on mānuka honey

Mānuka Charitable Trust and the industry are disappointed, but undeterred, by the ruling from the Intellectual Property Office of New Zealand (IPONZ) that upheld opposition from Australian honey industry interests.

“Today’s finding reflects the technicalities and limitations of conventional IP law to protect indigenous rights. It is disappointing in so many ways, but our role as kaitiaki (guardians) to protect the mana, mauri, and value of our taonga species, including Mānuka on behalf of all New Zealanders is not contestable,” said Pita Tipene, Chair of the Manuka Charitable Trust.

“We remain resolute in protecting our reo Māori (language) and the precious taonga (treasure) and today’s ruling in no way deters us. If anything, it has made us more determined to protect what is ours on behalf of all New Zealanders and consumers who value authenticity. We will take some time to absorb the details of the ruling and consider our next steps,” said Tipene.

“We are humbled, strengthened and grateful for the ongoing support we’ve received for this kaupapa from iwi, across all aspects of the industry and government. We have solidarity as we seek to protect what is a precious taonga and will continue to protect what is ours,” he added.

Industry partners also remain steadfast in their resolve the MĀNUKA HONEY™ name belongs and should refer only to products produced in Aotearoa New Zealand.

They have the shared view that it is not appropriate for honey producers in other countries to use the name MĀNUKA HONEY when the plant the nectar came from did not grow in Aotearoa and this ruling from IPONZ fails to support this view.

The lack of recognition of indigenous rights in the intellectual property regime is well established both in NZ and overseas. It is time the NZ government took urgent action and committed sufficient funding to address these issues as raised in the Wai 262 claim and recognised in the United Nations Declaration on the Rights of Indigenous Peoples

This ruling is out of step with the recent New Zealand and European Union (EU) Free Trade Agreement which includes the recognition of Mānuka as a Māori word and MĀNUKA HONEY™ as a separate tariff line recognising the inherent distinctiveness of Mānuka as a taonga species exclusively from Aotearoa New Zealand.

“Our international customers who have chosen to buy MANUKA HONEY™ over the last 20 years, do so because they value our authentic high-quality product, and they know that authenticity is linked to origin: mānuka is a Māori word originating from Aotearoa New Zealand, it’s unique to us and that’s what makes it so special,” said Rob Chemaly, Chair of the UMF Honey Association.

Aotearoa New Zealand is the only country in the world that has a formal, scientific definition of honey derived from Leptospermum scoparium and sold as MANUKA HONEY ™ which is regulated by the Ministry for Primary Industries and requires that all exported mānuka honey is tested, ensuring it is unadulterated and true to labelling. This enables international consumers to have confidence in this natural and unique honey of Aotearoa New Zealand.

MCT is strongly supported by Mānuka Honey Appellation Society (MHAS), UMFHA, Apiculture New Zealand and industry participants.

The mānuka honey industry in Aotearoa New Zealand equated to (or generated) $436m in exports last year alone.

ENDS

About Mānuka Charitable Trust

MCT is a charitable trust established in 2020. It was formed as the guardian of the taonga, Mānuka and is representative of Māori from across Aotearoa.

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