Pounamu Export Case: Mother & Son Near End of Landmark Trial

Verdict Looms in Pounamu Export Case at Auckland Airport

A mother and son are awaiting a verdict in a closely watched case at Manukau District Court, centered on allegations of illegally exporting nearly 18 kilograms of pounamu, also known as greenstone, from Latest Zealand. The case is believed to be the first of its kind prosecuted by New Zealand Customs, raising questions about the interpretation of export regulations surrounding this culturally significant stone.

The charges stem from an incident in July 2024, when Boyuan Zhang and his mother, Xin Li, were found with 17.9 kilograms of pounamu in their luggage at Auckland International Airport while attempting to travel to China. This incident occurred just two months after Zhang’s father, Jiangbo Zhang, was also discovered attempting to export pounamu to China, though Customs were unable to interview him at the time as he had already passed through boarding gates.

The core of the legal debate revolves around the Customs Export Prohibition (Pounamu) Order 2021, which restricts a single exporter from taking more than 5 kilograms of raw pounamu out of New Zealand without explicit consent. The prosecution argues the pair exceeded this limit, while the defense has suggested a broader interpretation of “single exporter,” claiming the weight could have been distributed amongst a larger traveling group.

The Significance of Pounamu and Ngāi Tahu

Pounamu holds deep cultural and spiritual significance for Māori, particularly the South Island iwi, Ngāi Tahu. The tribe holds legal ownership of all naturally occurring pounamu within its tribal boundaries, as established by the Ngāi Tahu (Pounamu Vesting) Act 1997. While not a party to the current case, Ngāi Tahu’s interests are central to the regulations governing pounamu export.

During the trial, Zhang directly addressed members of Ngāi Tahu present in the courtroom, stating, “I want to say to the friends sitting at the back, I 100% respect your culture. Actually, I love the culture. That’s why I love the stone.” This gesture highlights the sensitivity surrounding the case and the importance of respecting Māori cultural values.

The Events Leading to the Arrest

The court heard that the defendants initially planned to enlist the support of others to carry some of the pounamu in their luggage. Xiaoxen Li, a friend of Xin Li, had agreed to carry 2.6 kilograms of the stone, but ultimately did not do so after the plan fell through at the airport. Another individual, whose name has not been publicly released, was also expected to assist by carrying a portion of the pounamu on a connecting flight to London, but this arrangement was abandoned when it was discovered their luggage was destined directly for London.

When questioned by Customs officials, Xin Li asserted that the group’s combined allowance would have been sufficient to legally export the pounamu, stating, “Every person is allowed 5kg and there were four of us, so really, it was lawful.” This statement underscores the defense’s argument regarding the definition of “single exporter.”

Weighing the Evidence: What Was Known and What Wasn’t

Zhang testified that he weighed most of the stones at home, recording a total weight of “less than 15kg.” Still, he admitted to not weighing all the stones, including a stone he had forgotten was already packed and two smaller stones he didn’t deem necessary to weigh. He acknowledged that the idea to export the pounamu to China originated with him.

The prosecution focused on the discrepancy between the recorded weight and the actual weight seized by Customs. The defense, meanwhile, has attempted to portray the situation as a misunderstanding, arguing that the defendants believed they were acting within the law by distributing the weight among multiple travelers.

The meaning of “single exporter” is a key point of contention. Xin Li’s statement that she wasn’t exporting the pounamu because she wasn’t selling it for profit further complicates the matter, raising questions about the intent behind the export.

Understanding Pounamu Export Regulations

Exporting pounamu in quantities exceeding 5 kilograms requires approval from the Customs Minister, based on advice from Ngāi Tahu. For raw pounamu sourced from the Arahura River, consent from the Mawhera Incorporation, representing the area’s original Māori landowners, is also necessary. These regulations are in place to protect the cultural and economic interests of Māori and ensure the sustainable management of this valuable resource. You can uncover more information about the regulations surrounding pounamu export on the New Zealand Customs Service website.

What Happens Next?

Closing submissions are anticipated in approximately two weeks, after which a verdict will be delivered. The outcome of this case could have significant implications for future prosecutions involving pounamu export and may lead to a clearer definition of “single exporter” within the context of the Customs Export Prohibition (Pounamu) Order 2021. The case highlights the complexities of balancing cultural preservation with international trade regulations and underscores the importance of respecting Māori rights and interests in the management of pounamu.