NZ court convicts mother and son for exporting 17.9kg pounamu (exceeding 5kg limit) from Auckland Airport to China. Face up to 6 months jail. Landmark ruling.
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Source: OT-Team(G), 1NEWS
A New Zealand court has delivered what authorities describe as a landmark ruling in a case involving the illegal export of pounamu, or greenstone, underscoring the country's tightening stance on protecting culturally significant natural resources.
On April 1, the Auckland District Court found a mother and son guilty of attempting to unlawfully take a large quantity of raw pounamu out of the country—marking the first successful prosecution of its kind in New Zealand's history.
The defendants, Boyuan Zhang and his mother Xin Li, were stopped by Customs officers at Auckland International Airport in July 2024 while preparing to board a flight to China. Authorities discovered 17.9 kilograms of raw pounamu in their luggage.
Under the Customs Export Prohibition (Pounamu) Order 2021, individuals are prohibited from exporting more than 5 kilograms of raw pounamu without proper authorization. Any export exceeding this threshold requires approval from the Minister of Customs, typically following consultation with Ngāi Tahu, the South Island's largest Māori iwi (tribe), which holds legal ownership of naturally occurring pounamu within its tribal boundaries under the Ngāi Tahu (Pounamu Vesting) Act 1997.
During the trial, the defense argued that the total weight of the stone could be distributed among four family members traveling together, thereby reducing the per-person amount below the legal limit. However, prosecution lawyer Anna Devasathan rejected this interpretation, emphasizing that the evidence showed only the two defendants were physically carrying the pounamu.
Devasathan further pointed to text messages and inconsistencies in the defendants' statements, arguing that they had "actively and deliberately" attempted to evade Customs regulations. She clarified that even if the court accepted the defense's interpretation of "single exporter," the law does not permit dividing the total weight among members of a group who were not actually transporting the material.
Presiding Judge Richard McIlraith acknowledged that the defendants may not have fully understood the legal framework but stressed that "ignorance of the law is no defence." He ultimately dismissed the defense's argument and ruled that, as the actual exporters, the pair had significantly exceeded the legal limit.
The mother and son now face a maximum penalty of up to six months' imprisonment.
The case also revealed a related incident involving Zhang's father, Jiangbo Zhang, who was intercepted at the airport two months earlier. Customs officers discovered two pieces of pounamu weighing a combined 61 kilograms in his luggage. Although he was able to leave the country before being questioned due to the boarding gate closing, the stones were seized.
Members of Ngāi Tahu attended the court proceedings, which opened with a traditional karakia (Māori prayer). Tribal representatives said the ruling sends a clear message that New Zealand authorities will take firm action against illegal smuggling and protect pounamu, regarded as a taonga, or treasured resource, in Māori culture.
Ngāi Tahu chairman Francois Tumahai expressed frustration over continued attempts to profit from the sacred stone, stating that the tribe is advocating for the removal of the current 5-kilogram personal allowance. The proposal would require all exports of raw pounamu—regardless of quantity—to obtain official approval.
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