20318 Explain intellectual property, international

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NZQA registered unit standard
20318 version 5
Page 1 of 4
Title
Explain intellectual property, international agreements, and the
Treaty, relating to mātauranga Māori and biodiversity
Level
5
Credits
6
Purpose
People credited with this unit standard are able to explain:
intellectual property in relation to mātauranga Māori and
biodiversity;
free trade, globalisation, and international agreements and
their impacts on mātauranga Māori, biodiversity,
intellectual property, and the resources and rights of Māori
under the Treaty of Waitangi; and
the potential implications of Treaty of Waitangi claim WAI
262 for Māori and other stakeholders.
Classification
Environment Māori > Māori Environmental Management
Available grade
Achieved
Explanatory notes
1
Where local rohe are also occupied by a number of other iwi or hapū, the tangata
whenua or mana whenua view will take precedence. Other iwi or hapū views should
be encouraged in order to enrich and enhance understanding of key Māori concepts
and practices.
2
Descriptions and explanations can be presented in a number of ways that may
include oral presentations, visual presentations, written presentations, whakaari,
haka, whaikōrero and waiata.
3
Treaty of Waitangi claim WAI 262 can be found at the Waitangi Tribunal, Head
Office, Wellington http://www.waitangi-tribunal.govt.nz.
4
Legislation relevant to this unit standard may include – Te Ture Whenua Maori Act
1993; Treaty of Waitangi Act 1975; Patents Act 1953; Plant Variety Rights Act 1987;
Copyright Act 1994; Trade Marks Act 2002; Hazardous Substances and New
Organisms Act 1996; Resource Management Act 1991; Protected Objects Act 1975
(formerly known as the Antiquities Act 1975); United Nations Declaration on the
Rights of Indigenous Peoples 2007; and their amendments.
5
International agreements may include – Agreement on Trade-Related Aspects of
Intellectual Property Rights, 1994 (TRIPS); Convention on Biological Diversity, 1992
(CBD), Multinational Agreement on Investment (MAI), General Agreement on Trade
in Services (GATS), Mataatua Declaration on Cultural and Intellectual Property
Rights of Indigenous Peoples 1993, United Nations Declaration on the Rights of
Indigenous Peoples 2007.
NZQA Māori Qualifications Services
SSB Code 194
 New Zealand Qualifications Authority 2016
NZQA registered unit standard
6
20318 version 5
Page 2 of 4
Definitions
Biodiversity – or biological diversity refers to the varieties of all biological life (people,
plants, animals, fungi, and micro organisms), the genes they contain and the
ecosystems on land or in the water where they live. It is the diversity of all life on
earth.
Intellectual property – refers to the ownership by individuals of their creativity and
innovation in the same way that they can own physical property.
Mātauranga Māori – encompasses a dynamic and evolving range of knowledge
areas, is not limited to Te Ao Tawhito, and includes everything in Te Ao Māori.
Ngā momo wai – may include:

Waiora – purest form of water, a source of well-being and life. Used for cleansing
from sickness and to create positive energy. This water can become waitapu.

Waimāori – water that runs freely and has no particular sacred associations.

Wai horoi – water that is used to bathe in or to wash clothes.

Wai inu/Wai unu – water that is used only for drinking. Drinking water is not taken
from a source that is used for washing in unless there is no alternative, and then
it should be taken from the stream at a specific time of the day when washing of
clothes or bathing is not permitted.

Waikino – water that has been corrupted or altered to such an extent that it can
cause harm or water that conceals hidden danger.

Waimate – water that has lost its ‘mauri’ or life force. It is “dead”, damaged or
polluted with no ability to sustain life. It can contaminate other living or spiritual
things.

Waitai – the sea, surf or tide. Used to distinguish seawater from fresh water.

Waitapu – water that has had a ‘tapu’ imposed upon it. Water that is used for
special ritual practices, eg tohi and pure (baptism and purification ceremonies).
Water that has a sanction (also known as a ‘rāhui’) against most everyday
activities, perhaps because there has been a drowning.
Outcomes and evidence requirements
Outcome 1
Explain intellectual property in relation to mātauranga Māori and biodiversity.
Evidence requirements
1.1
Intellectual property is explained in terms of its development and rationale in
relation to biodiversity.
1.2
Intellectual property is explained in terms of its limitations for the protection of
mātauranga Māori in relation to biodiversity.
Range
may include– art forms and cultural expression; ngā momo wai,
whenua, flora and fauna;
NZQA Māori Qualifications Services
SSB Code 194
 New Zealand Qualifications Authority 2016
NZQA registered unit standard
20318 version 5
Page 3 of 4
evidence of two is required.
Outcome 2
Explain free trade, globalisation, and international agreements and their impacts on
mātauranga Māori, biodiversity, intellectual property, and the resources and rights of Māori
under the Treaty of Waitangi.
Evidence requirements
2.1
Free trade is explained in terms of its impact on Māori, biodiversity, intellectual
property, and the resources and rights of Māori under the Treaty of Waitangi.
2.2
Globalisation is explained in terms of its impact on Māori, biodiversity,
intellectual property, and the resources and rights of Māori under the Treaty of
Waitangi.
2.3
International agreements are explained and compared in terms of their impacts
on Māori, biodiversity, intellectual property, and the resources and rights of
Māori under the Treaty of Waitangi.
Range
evidence is required of at least two comparisons.
Outcome 3
Explain the potential implications of Treaty of Waitangi claim WAI 262 for Māori and other
stakeholders.
Evidence requirements
3.1
Treaty of Waitangi claim WAI 262 is explained in terms of the nature of the
claim, and its scope.
3.2
Treaty of Waitangi claim WAI 262 is explained in terms of its potential
implications for Māori and one other stakeholder.
Range
other stakeholders may include – scientists, the Crown, the private
sector, other indigenous peoples, the general public;
potential implications may include but are not limited to –
ownership; intellectual property, its use and management, who and
how; responsibility; recognition; patent rights, exercise of
kaitiakitanga and rangatiratanga, genetic modification;
evidence of two implications is required.
Planned review date
NZQA Māori Qualifications Services
SSB Code 194
31 December 2019
 New Zealand Qualifications Authority 2016
NZQA registered unit standard
20318 version 5
Page 4 of 4
Status information and last date for assessment for superseded versions
Process
Version Date
Last Date for Assessment
Registration
1
17 December 2003
31 December 2012
Review
2
27 October 2006
31 December 2012
Rollover and
Revision
3
17 September 2010
31 December 2012
Review
4
17 November 2011
31 December 2017
Review
5
19 November 2015
N/A
Consent and Moderation Requirements (CMR) reference
0166
This CMR can be accessed at http://www.nzqa.govt.nz/framework/search/index.do.
Please note
Providers must be granted consent to assess against standards (accredited) by NZQA,
before they can report credits from assessment against unit standards or deliver courses
of study leading to that assessment.
Industry Training Organisations must be granted consent to assess against standards by
NZQA before they can register credits from assessment against unit standards.
Providers and Industry Training Organisations, which have been granted consent and
which are assessing against unit standards must engage with the moderation system that
applies to those standards.
Requirements for consent to assess and an outline of the moderation system that applies
to this standard are outlined in the Consent and Moderation Requirements (CMR). The
CMR also includes useful information about special requirements for organisations wishing
to develop education and training programmes, such as minimum qualifications for tutors
and assessors, and special resource requirements.
Comments on this unit standard
Please contact NZQA Māori Qualifications Services mqs@nzqa.govt.nz if you wish to
suggest changes to the content of this unit standard.
NZQA Māori Qualifications Services
SSB Code 194
 New Zealand Qualifications Authority 2016
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