Protected Objects Act - Taonga Tūturu
Introduction
Taonga Tūturu is one of nine categories of protected New Zealand objects defined in the Protected Objects Act. The Act regulates the export of all categories of protected New Zealand objects but taonga tūturu is the only category of objects to have separate regulations regarding ownership and trade.
Taonga tūturu means an object that —
- (a) relates to Maori culture, history, or society; and
- (b) was, or appears to have been, —
- (i) manufactured or modified in New Zealand by Maori; or
- (ii) brought into New Zealand by Maori; or
- (iii) used by Maori; and
- (c) is more than 50 years old
Under the Act, all taonga tūturu found are in the first instance (prima facie) Crown owned to allow claims for ownership to be heard by the Maori Land Court. See finding taonga tūturu for more information.
The Act also regulates the trade of taonga tūturu and only certain people can purchase privately owned taonga tūturu.
The Ministry has developed Guidelines for Taonga Tūturu (pdf, 300k) which explain how sections 11 to 16 of the Protected Objects Act 1975 are applied operationally and provide some guidance as to the current approach by the Ministry to particular parts of the legislation. The Guidelines are not intended to replace legal advice.
On 1 November 2006, taonga tūturu replaced the term artifact defined in section 2 of the Antiquities Act.
Finding taonga tūturu
Under section 11 of the Act, newly found taonga tūturu are in the first instance Crown owned until a determination on ownership is made by the Maori Land Court. In the interim, the Ministry is legally responsible for recording, custody, facilitating claims for ownership and any conservation treatment for taonga tūturu.
Any person who may have any right, title, estate, or interest in any such taonga tūturu may apply to the Maori Land Court for a determination on ownership.
The finder can notify the Ministry directly or through a public museum with the expertise to identify and record a taonga tūturu. Suitably qualified archaeologists, Department of Conservation or New Zealand Historic Places Trust staff can also complete the forms on behalf of their clients or their organisation. See more information on notifying the Ministry below.
The Ministry has developed Guidelines for Taonga Tūturu (pdf, 300k) which explain how sections 11 to 16 of the Protected Objects Act 1975 are applied operationally and provide some guidance as to the current approach by the Ministry to particular parts of the legislation. The Guidelines are not intended to replace legal advice.
Notifying the Ministry of a Find
When someone finds a taonga tūturu, they should take it to the nearest public museum who will notify the Ministry of the find, or they can contact us directly. In the case of a taonga tūturu found on Department of Conservation land, the finder should let the Ranger or DoC office staff know.
The standard process is as follows:
- Taonga tūturu found.
- Taonga tūturu taken by finder within 28 days to nearest public museum with the expertise to complete a notification form.
- Notification forms completed by the museum and sent to the Ministry for Culture and Heritage. The public museum advises the Ministry of any conservation the taonga tūturu may need. Any expenditure for conservation must be pre-approved by the Ministry.
- The Ministry assigns the taonga tūturu a registration number. The notifying museum is then asked to label the taonga tūturu with the number.
- The Ministry notifies tangata whenua and other interested parties from the area where the taonga tūturu was found about the process for claiming ownership or custody.
- The Ministry publishes a public notice in the local newspaper and on its website calling for claims of ownership to be lodged with the Ministry within 60 working days.
Applying for Ownership
Any person who may have any right, title, estate, or interest in any such taonga tūturu may apply for ownership.
If you wish to apply for ownership, please contact Liz Cotton at the Ministry for Culture and Heritage.
Claims of ownership should be lodged with the Ministry within 60 working days of a Public Notice being published. However, claims for ownership can be lodged at any time for those taonga tūturu still in Crown ownership. This is particularly relevant for those taonga tūturu notified to the Ministry before 1 November 2006.
If one claim for ownership is lodged, the chief executive of the Ministry must, if satisfied that the claim is valid, apply to the Registrar of the Maori Land Court for an order that confirms the owner or owners of the taonga tūturu.
If 2 or more competing claims are lodged, the chief executive of the Ministry must consult the claimants for the purpose of resolving the competing claims and, if satisfied that the competing claims have been resolved and that the resolution is valid, apply to the Registrar of the Maori Land Court for an order that confirms the owner or owners of the taonga tūturu.
If 2 or more competing claims are lodged, and cannot be resolved, the chief executive of the Ministry may, if requested by a claimant, facilitate the applications of any or all of the claimants to the Maori Land Court.
Claimants always have the right to seek a determination from the Maori Land Court on ownership of taonga tūturu in Crown ownership.
Taonga Tūturu in Crown ownership
If you wish to apply for ownership of any taonga tūturu in Crown ownership or would like information on taonga found since 1975, please contact Liz Cotton at the Ministry for Culture and Heritage.
Maori Land Court
Section 12 of the Protected Objects Act provides for the Maori Land Court’s jurisdiction over taonga tūturu and it has the power to:
- transfer ownership of newly found taonga tūturu from the Crown to a private individual or groups;
- resolve any claims for the ownership of Crown owned taonga tūturu;
- determine who can have custody of taonga tūturu recovered from the grave of any known person(s);
- prohibit the damage or destruction of taonga tūturu; and
- issue an order prohibiting the sale of taonga tūturu.
The Maori Land Court can vest the ownership of taonga tūturu in an individual or group such as a runanga or hapu.
For advice on Maori Land Court practices and procedures, please visit its website.
Trade in taonga tūturu
A privately owned taonga tūturu can be sold only to a registered collector, a public museum, or to a licenced dealer or auctioneer. A taonga tūturu cannot be released to any person until the seller has proof that the purchaser is one of these three.
Licenced dealers and auctioneers can trade only in taonga tūturu which are in private ownership and have been registered. They cannot trade in Crown owned taonga tūturu. A certificate of examination (Y form) from an authorised museum must be obtained for the taonga tūturu before it is sold, if one has not already been issued. It is the responsibility of the dealer or auctioneer to obtain the certificate from the nearest authorised museum.
The authorised museum has 28 days upon receipt of the taonga tūturu to issue the certificate and the licenced dealer or auctioneer is not to offer the taonga tūturu for sale, other than to a public museum, before the certificate has been issued.
The purchaser is given the white copy of the certificate of examination, which must then be kept with the taonga tūturu (the taonga tūturu will also be labeled with a 'Y' number). The purchaser's copy must not state the name and address of the previous owner, as this is a breach of the Privacy Act 1993.
Private sales (sales not through an auction house or dealer) of taonga tūturu are allowed under section 14 of the Act. Taonga tūturu do not have to have been issued a ‘Y’ number to be sold privately, but the buyer may approach an authorised museum to have a certificate of examination completed if they wish. When a registered collector purchases or sells taonga tūturu, they are required to notify the Ministry within 14 days of a change in their collection.
The Ministry has developed Guidelines for Taonga Tūturu (pdf, 300k) which explain how sections 11 to 16 of the Protected Objects Act 1975 are applied operationally and provide some guidance as to the current approach by the Ministry to particular parts of the legislation. The Guidelines are not intended to replace legal advice.
Licence to Trade
Dealers and auctioneers licenced under the Auctioneers Act 1928 or the Secondhand Dealers and Pawnbrokers Act 2004 can trade in privately owned taonga tūturu if they have been authorised to do so by the Ministry. All licences issued by the Ministry are valid until 31 January and have to be renewed yearly.
See the application form to trade here.
Licenced dealers and auctioneers are required to have taonga tūturu examined and a certificate issued prior to making the object available for sale. They must keep a register of all sales, including who the object has been sold to and send the register to Te Papa within 28 days of the sale. Licenced dealers can sell only to public museums, other licenced dealers and auctioneers and registered collectors.
List of Licenced Dealers and Auctioneers
See list of current Licenced Dealers and Auctioneers.
Authorised Museums
Under section 16 of the Act, authorised museums are required to issue certificates of examination to licenced dealers and auctioneers prior to the sale of taonga tūturu. Certificates can also be issued to private individuals if requested. The authorised museum holds a copy of the certificate and sends another copy to Te Papa for the central register.
The Authorised Museums are: Auckland War Memorial Museum, Te Papa, Canterbury Museum, and Otago Museum.
Public Notices
The Ministry publishes public notices calling for claims of ownership of taonga tūturu. Claims should be lodged with the Ministry within 60 working days of the public notice being published.
Registered Collectors
If you wish to purchase taonga tūturu or become a Ministry appointed custodian of Crown owned taonga tūturu, you must become a Registered Collector of Taonga Tūturu.
Individuals and groups can apply to the Ministry to become a Registered Collector of Taonga Tūturu. To become a registered collector, the person or group must:
- ordinarily reside in New Zealand; and
- not have been convicted of an offence against the Protected Objects Act (previously the Antiquities Act) or the Historic Places Act.
See the relevant application form here .
Registered collectors can purchase only privately owned taonga tūturu and must notify the Ministry of any changes to the collection and the location of their collection within 14 days. The Act also requires registered collectors to make their collections available for examination by the Ministry or any person authorised by the Chief Executive.
Conditions of registration as a collector can be found in section 14 of the Protected Objects Act.
Archaeological Sites
Known and suspected archaeological sites are protected by the Historic Places Act 1993 and must not be deliberately disturbed in order to find taonga tūturu. If taonga tūturu are partially exposed and not in any immediate danger, the New Zealand Historic Places Trust should be contacted right away and the taonga tūturu left in the site.
If the taonga tūturu is in danger of being lost or destroyed, carefully remove it from the site and notify the Ministry of the find and the Historic Places Trust of the potential damage to the archaeological site.
If a taonga tūturu is found during the course of an archaeological authority, the Ministry is to be notified of the find within 28 days after the completion of the field work.
Investigation or disturbance of archaeological sites may be carried out only under an authority granted by the New Zealand Historic Places Trust.