ANALYSIS: The first successful Customs prosecution over pounamu exports has delivered a guilty verdict, but the bigger issue now is whether the law is clear enough, and whether the public understands it.
There were tears, hugs and a karakia outside the Manukau District Court after the guilty verdict.
What’s at stake: Guilty verdict sends a message, but the case has exposed wider questions about whether the law is clear enough and whether pounamu is properly protected.
Background: Pounamu was vested in Ngāi Tahu and Māwhera in 1997, while export controls stayed in place to protect its cultural, spiritual and economic value.
Main players: Customs prosecuted Boyuan Zhang and Xin Li in a judge-alone trial before Judge Richard McIlraith, with Sam Wimsett KC leading the defence. Iwi voices include Paul Madgwick of Te Rūnanga o Makaawhio and Francois Tumahai of Te Rūnanga o Ngāti Waewae.
A Manukau District Court judge has found Boyuan Zhang and Xin Li guilty over an attempted export of pounamu, handing Customs and West Coast iwi the first successful prosecution of its kind in a case watched closely for what it might mean beyond the courtroom.
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Key points
What’s at stake: Guilty verdict sends a message, but the case has exposed wider questions about whether the law is clear enough and whether pounamu is properly protected.
Background: Pounamu was vested in Ngāi Tahu and Māwhera in 1997, while export controls stayed in place to protect its cultural, spiritual and economic value.
Main players: Customs prosecuted Boyuan Zhang and Xin Li in a judge-alone trial before Judge Richard McIlraith, with Sam Wimsett KC leading the defence. Iwi voices include Paul Madgwick of Te Rūnanga o Makaawhio and Francois Tumahai of Te Rūnanga o Ngāti Waewae.
