A three day judge alone trial is underway in the Manukau District Court over the alleged attempted illegal export of pounamu from Auckland International Airport.
If a conviction is secured, it is believed this would be the first successful prosecution by Customs for the illegal exportation of pounamu.
Under the Customs Export Prohibition Pounamu Order 2021, it is illegal to export pounamu in its natural state, or partly or wholly processed, weighing five kilograms or more without proper authority. The Minister of Customs may only grant consent to export on written advice from Te Rūnanga o Ngāi Tahu, or, if the stone is extracted from the catchment of the Arahura River, from Māwhera Incorporation.
Giving evidence today, Senior Advisor Kaupapa Māori Te Wira Lisa Pou of the New Zealand Customs Service told the court Customs absolutely sees pounamu as a taonga.
“New Zealand Customs does see pounamu as a taonga. It is something we have laws in place to protect,” she said.
Pou, who has 15 years’ service with Customs, said officers are trained to uphold cultural considerations when handling the stone.
“There are obvious physical attributes we are protecting. The unseen aspects and feelings that come from where this stone grows from is what connects people to their land and their environment,” she said.
“Iwi regard these taonga as ancestors, tūpuna. We work hard to maintain that same dignity and mana.”
She told the court that every interaction with pounamu is treated carefully. Supervisors are immediately notified, the stone is placed on a clean bench in a separate space, and it is stored on its own shelving or trolley, separate from contraband. Photographs are not taken until officers are satisfied the stone exceeds the legal export threshold, due to cultural considerations.
Customs officers described a baggage search on 1 July 2024 involving four suitcases associated with the defendants. In one black hard-sided suitcase with a pink ribbon, officers located two large pieces of pounamu concealed inside smaller bags, along with a necklace containing a pounamu charm.
Further searches of other suitcases uncovered additional stones wrapped inside sports bags and clothing, including one piece concealed in a grey cardigan.
The combined weight of all pounamu located across the four suitcases was recorded at approximately 17.8 kilograms, well above the five kilogram legal threshold. Notes tendered to the court state, “All pounamu from four suitcases weighed approximately 17.8 kilos.”
Pounamu is a treasured taonga of Ngāi Tahu and has been for hundreds of years. Ownership of all naturally occurring pounamu was formally vested in Te Rūnanga o Ngāi Tahu in 1997 through the Ngāi Tahu Pounamu Vesting Act, recognising the iwi’s mana and guardianship over the stone.
Poutini Ngāi Tahu Co Chairs Francois Tumahai of Te Rūnanga o Ngāti Waewae and Paul Madgwick of Te Rūnanga o Makaawhio said:
“Pounamu is a taonga for Ngāi Tahu. We’re here at court to uphold the significance of pounamu to our people and to support efforts to prevent its illegal export.
“This is not our prosecution, so we won’t comment on the details of the case. We respect the court process and will let it run its course. We value the ongoing work of Customs and Police, who continue to help protect pounamu through their enforcement actions, including the return of significant quantities of stone in recent years.”
The trial continues.