A landmark court ruling has been welcomed by Ngāi Tahu leaders after two people were found guilty of attempting to illegally export pounamu from New Zealand.

Boyuan Zhang and his mother Xin Li were convicted in the Manukau District Court after being caught trying to take 17.9 kilograms of pounamu through Auckland International Airport in July 2024.

The case marks the first successful prosecution under the Customs Export Prohibition Order covering pounamu, which makes it illegal to export five kilograms or more of raw or partially processed stone without permission.

The attempted export followed an earlier incident two months prior, when Zhang’s father was stopped trying to take two stones weighing a combined 61 kilograms out of the country.

Poutini Ngāi Tahu Rūnanga Co Chair Paul Madgwick said the verdict was an important step in protecting the cultural significance of pounamu.

“We welcome this decision by Judge Richard McIlraith which upholds the mana of pounamu,” he said.

“Pounamu is a sacred taonga, not a commodity to be plundered or smuggled out of the country. Removing it in this way strips away the tikanga, whakapapa, and stories that give the stone its meaning.”

Pounamu has long been regarded as a taonga by South Island iwi Ngāi Tahu, with ownership formally recognised under legislation in 1997.

Ngāi Tahu leaders said the ruling sent a clear signal to those involved in the illegal trade.

Last year, Dunedin police seized 820 kilograms of stolen pounamu, while Customs intercepted and returned nearly 60 kilograms at the border.

Francois Tumahai, Co Chair of Poutini Ngāi Tahu Rūnanga, said the case had exposed potential loopholes in the current law.

“The defence argued confusion about the rules, including whether stone could be split across multiple people to avoid the weight threshold. Regardless, the intent was clearly to remove raw pounamu from New Zealand for commercial gain,” he said.

“While the law currently allows under five kilograms of stone to be exported without permission, we believe that threshold needs to be significantly reduced to prevent would be smugglers from exploiting loopholes.”

Ngāi Tahu leaders are now calling for changes to the law, including giving decision making authority over exports to the legal guardians of the stone rather than the Crown.

“At present, exporting pounamu requires the approval of the Minister of Customs, with the consent of Ngāi Tahu. In our view, decisions about whether pounamu can leave New Zealand should sit with the legal kaitiaki of the stone, not with the Crown,” Tumahai said.

Ngāi Tahu said it would continue working with authorities to crack down on illegal activity and push for stronger protections, with a review of the export rules expected next year.